|
FOURTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE
The amendments have been marshalled in accordance with the Instruction of 1st June 2009, as follows—
Clauses 32 and 33
Schedule 8
Clauses 34 to 40
Schedule 9
Clauses 41 to 51
Schedule 10
Clauses 52 to 58
Schedule 11
Clauses 59 to 86
Schedule 12
Clauses 87 to 104
Schedule 13
Clauses 105 to 123
Schedule 14 | Clauses 124 to 128
Schedule 15
Clauses 129 to 136
Schedule 16
Clauses 137 to 152
Schedule 17
Clauses 153 to 158
Schedule 18
Clauses 159 and 160
Schedule 19 and 20
Clause 161
Schedule 21
Clauses 162 to 166 |
[Amendments marked * are new or have been altered]
Amendment
No.
| | BARONESS FINLAY OF LLANDAFF |
| 129 | Page 18, line 45, leave out "on a question of law" |
| 130 | Page 19, line 8, after first "or" insert "the Coroner for Treasure or" |
| 131 | Insert the following new Clause— |
| | "Oversight by Chief Coroner |
| (1) | The Chief Coroner may require senior coroners and medical examiners to provide him routinely with information he deems necessary in order for him to identify— |
| (a) | trends in deaths reported to coroners and deaths not reported to coroners, and |
| (b) | problems in the functioning or capacity of funding of the coronial system. |
| (2) | A copy of reports submitted by senior coroners under paragraph 6(1) of Schedule 4 and a copy of responses to those reports must also be submitted to the Chief Coroner. |
| (3) | The Chief Coroner may keep central records of all information provided to him under subsection (1) and reports under subsection (2). |
| (4) | Where trends in deaths are identified under subsection (1), the Chief Coroner may order an investigation to ascertain the causes of deaths to be carried out by— |
| (b) | appropriate and suitably qualified researchers. |
| (5) | The results of an investigation carried out under subsection (4) must be reported to the Chief Coroner and to the appropriate authority. |
| (6) | Where an authority receives a report under subsection (5), it must publish details of the action which needs to be taken to prevent subsequent deaths. |
| (7) | The Chief Coroner must provide an annual report to the Lord Chancellor which may contain— |
| (a) | details of problems identified under subsection (1), |
| (b) | details of action taken under subsections (4) and (6), |
| (c) | details of senior coroners' reports and responses to them under paragraph 6(1) of Schedule 4, and |
| (d) | matters of outstanding concern to the Chief Coroner in relation to this section. |
| (8) | The Lord Chancellor must lay a copy of the Chief Coroner's annual report before Parliament within 60 days of receiving the report." |
| 132 | Page 134, line 31, at end insert— |
| | "Investigation by Coroner for Treasure |
| | (1) The Chief Coroner may direct the Coroner for Treasure to conduct an investigation into a person's death. |
| (2) | Where a direction is given under this paragraph— |
| (a) | the Coroner for Treasure must conduct the investigation; |
| (b) | the Coroner for Treasure has the same functions in relation to the body and the investigation as would be the case if he or she were a senior coroner in whose area the body was situated; |
| (c) | no senior coroner, area coroner or assistant coroner has any functions in relation to the body or the investigation. |
| (3) | Accordingly, a reference in a statutory provision (whenever made) to a senior coroner is to be read, where appropriate, as including the Coroner for Treasure exercising functions by virtue of this paragraph." |
| | BARONESS DEAN OF THORNTON-LE-FYLDE |
| 132A | Page 20, line 38, at end insert— |
| "( ) | Before making regulations under this section, the Lord Chancellor shall consult those persons whom he thinks appropriate." |
| 133 | Insert the following new Clause— |
| (1) | The Lord Chancellor may make regulations for regulating the practice and procedure at or in connection with investigations under this Part concerning objects that are or may be treasure or treasure trove (other than the practice and procedure at or in connection with inquests concerning such objects). |
| | Regulations under this section are referred to in this Part as "Treasure regulations". |
| (2) | Treasure regulations may be made only if— |
| (a) | the Lord Chief Justice, or |
| (b) | a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005 (c. 4)) nominated for the purposes of this subsection by the Lord Chief Justice, |
| | agrees to the making of the regulations. |
| (3) | Treasure regulations may make— |
| (a) | provision for the discharge of an investigation (including provision as to fresh investigations following discharge); |
| (b) | provision for or in connection with the suspension or resumption of investigations; |
| (c) | provision for the delegation by the Coroner for Treasure (or an Assistant Coroner for Treasure) of any of his or her functions; |
| (d) | provision allowing information to be disclosed or requiring information to be given; |
| (e) | provision giving to the Lord Chancellor or the Chief Coroner power to require information from the Coroner for Treasure; |
| (f) | provision requiring a summary of specified information given to the Chief Coroner by virtue of paragraph (e) to be included in reports under section 29; |
| (g) | provision of the kind mentioned in paragraph (h) or (i) of section 35(3). |
| | This subsection is not to be read as limiting the power in subsection (1). |
| (4) | Treasure regulations may apply any provisions of Coroners rules. |
| (5) | Where Treasure regulations apply any provisions of Coroners rules, those provisions— |
| (a) | may be applied to any extent; |
| (b) | may be applied with or without modifications; |
| (c) | may be applied as amended from time to time." |
| 134 | Page 20, line 45, after "32(1)," insert "(2A)," |
| | BARONESS DEAN OF THORNTON-LE-FYLDE |
| 134A | Page 21, line 12, after second "to" insert— |
| "(i) | interested persons, and |
| 135 | Page 21, line 13, leave out from "delegation" to first "of" in line 14 and insert "by— |
| (i) | a senior coroner, area coroner or assistant coroner, or |
| (ii) | the Coroner for Treasure (or an Assistant Coroner for Treasure)," |
| 136 | Page 21, line 19, leave out "a senior coroner" and insert "the Coroner for Treasure" |
| | BARONESS DEAN OF THORNTON-LE-FYLDE |
| 136A | Page 21, line 23, at end insert— |
| "( ) | In this section "interested person" shall have the meaning given by section 38(2)(a)." |
| 137 | Page 21, line 24, at end insert "or the Coroner for Treasure" |
| | BARONESS DEAN OF THORNTON-LE-FYLDE |
| 137A | Page 21, line 25, leave out paragraph (a) |
| 137B | Page 21, line 28, leave out paragraph (b) |
| | BARONESS DEAN OF THORNTON-LE-FYLDE |
| 138 | Page 21, line 35, leave out subsection (4) |
| 139 | Page 21, line 38, leave out "to (4)" and insert "and (3)" |
| 140 | Page 21, line 40, at end insert— |
| "( ) | any provisions of Treasure regulations;" |
| | BARONESS FINLAY OF LLANDAFF |
| 140A | Page 22, line 18, at end insert "or named or other next of kin" |
| 141 | Page 22, line 40, leave out paragraph (l) |
| | BARONESS FINLAY OF LLANDAFF |
| 142 | Page 23, line 4, at end insert— |
| "( ) | In circumstances where an interested person willing to represent the interests of the deceased does not exist, a coroner may recognise as an interested person an organisation or person who would be otherwise recognised as an interested party for the purposes of judicial review proceedings." |
| 143 | Page 23, line 20, leave out "section 21" and insert "Chapter (Investigations concerning treasure)" |
| 144 | Page 23, line 31, leave out "senior coroner" and insert "Coroner for Treasure" |
| 145 | Page 23, line 44, at end insert— |
| | ""Assistant Coroner for Treasure" means an assistant coroner, designated under paragraph 7 of Schedule (Coroner for Treasure and Assistant Coroners for Treasure), acting in the capacity of Assistant Coroner for Treasure;" |
| 146 | Page 24, line 9, at end insert— |
| | ""the Coroner for Treasure" means a person appointed under paragraph 1 of Schedule (Coroner for Treasure and Assistant Coroners for Treasure);" |
| | BARONESS DEAN OF THORNTON-LE-FYLDE |
| 146A | Page 24, line 27, at end insert— |
| | ""Her Majesty's forces" shall have the meaning given by section 225 of the Army Act 1955 (c. 18) (general provisions as to interpretation);" |
| 146B | Page 24, line 30, at end insert "except where otherwise defined" |
| 146C | Page 24, line 42, at end insert— |
| | ""post mortem examination" includes both invasive and non-invasive examination;" |
| 147 | Page 25, line 16, at end insert— |
| | ""Treasure regulations" means regulations under section (Treasure regulations);" |
| 148 | Page 25, line 40, leave out "and in section 11" |
| 149 | Page 138, line 19, leave out paragraphs 3 to 5 |
| 150 | Insert the following new Clause— |
| | "Reform of the law of murder |
| | Reform of the law of murder |
| (1) | A defendant ("D") who kills or is party to the killing of another is to be regarded as guilty of murder where D intended to cause serious injury to another person or persons and was aware that there was a serious risk that another person might die as a result of D's conduct. |
| (2) | A defendant ("D") who kills or is party to the killing of another is to be regarded as not guilty of murder, but liable instead to be convicted of manslaughter, if D was unaware that his conduct involved a serious risk that another person might die as a result of that conduct." |
| 150A | Insert the following new Clause— |
| | "Murder: extenuating circumstances |
| (1) | In a trial for murder the trial judge may in the course of his summing up direct the jury that if they are satisfied that the defendant is guilty of murder, but are of the opinion that there were extenuating circumstances, they may on returning their verdict add a rider to that effect. |
| (2) | The judge may not give such a direction unless there is evidence on which a reasonable jury might so find. |
| (3) | Where the jury has so found, the judge shall not be obliged to pass a sentence of life imprisonment but may pass such other sentence as he considers appropriate having regard to any extenuating circumstances found by the jury. |
| (4) | If it appears to the Attorney General that the sentence so passed is unduly lenient he may refer it to the Court of Appeal under section 36 of the Criminal Justice Act 1988 (c. 33) (reviews of sentencing)." |
|
