Coroners and Justice Bill

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Session 2008 - 09
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Coroners and Justice Bill

Coroners and Justice Bill

[AS AMENDED ON REPORT]

Contents
Part 1
Coroners etc
Chapter 1
Investigations into deaths
Duty to investigate
1
Duty to investigate certain deaths
Investigation by other coroner
2
Request for other coroner to conduct investigation
3
Direction for other coroner to conduct investigation
Discontinuance of investigation
4
Discontinuance where cause of death revealed by post-mortem examination
Purpose of investigation
5
Matters to be ascertained
Regulation of investigatory powers
6
Information for requests
7
Amendment to the Regulation of Investigatory Powers Act 2000
Inquests
8
Duty to hold inquest
9
Whether jury required
10
Assembling a jury
11
Determinations and findings by jury

HL Bill 77
54/4

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Outcome of investigation
12
Determinations and findings to be made
Suspension
13
Duty or power to suspend or resume investigations
Death of service personnel abroad
14
Investigation in Scotland
15
Investigation in England and Wales despite body being brought to Scotland
Ancillary powers of coroners in relation to deaths
16
Post-mortem examinations
17
Power to remove body
Chapter 2
Notification, certification and registration of deaths
18
Notification by medical practitioner to senior coroner
19
Medical examiners
20
Medical certificate of cause of death
21
National Medical Examiner
Chapter 3
Coroner areas, appointments etc
22
Coroner areas
23
Appointment etc of senior coroners, area coroners and assistant coroners
24
Provision of staff and accommodation
Chapter 4
Investigations concerning treasure
25
Coroner for Treasure and Assistant Coroners for Treasure
26
Investigations concerning treasure
27
Inquests concerning treasure
28
Outcome of investigations concerning treasure
29
Exception to duty to investigate
30
Code of practice under the Treasure Act 1996
Chapter 5
Further provision to do with investigations and deaths
31
Powers of coroners
32
Offences
33
Allowances, fees and expenses

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Chapter 6
Governance etc
34
Chief Coroner and Deputy Chief Coroners
35
Reports and advice to the Lord Chancellor from the Chief Coroner
36
Regulations about training
37
Medical Adviser and Deputy Medical Advisers to the Chief Coroner
38
Inspection of coroner system
39
Appeals to the Chief Coroner
40
Investigation by Chief Coroner or Coroner for Treasure or by judge, former
judge or former coroner
41
Guidance by the Lord Chancellor
Chapter 7
Supplementary
Regulations and rules
42
Coroners regulations
43
Treasure regulations
44
Coroners rules
Coroner of the Queen’s household
45
Abolition of the office of coroner of the Queen’s household
Interpretation
46
“Interested person”
47
Interpretation: general
Northern Ireland and Scotland amendments
48
Amendments to the Coroners Act (Northern Ireland) 1959
49
Amendments to the Fatal Accidents and Sudden Deaths Inquiry (Scotland)
Act 1976
Part 2
Criminal offences
Chapter 1
Murder, infanticide and suicide
Partial defence to murder: diminished responsibility
50
Persons suffering from diminished responsibility (England and Wales)
51
Persons suffering from diminished responsibility (Northern Ireland)

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Partial defence to murder: loss of control
52
Partial defence to murder: loss of control
53
Meaning of “qualifying trigger”
54
Abolition of common law defence of provocation
Infanticide
55
Infanticide (England and Wales)
56
Infanticide (Northern Ireland)
Suicide
57
Encouraging or assisting suicide (England and Wales)
58
Encouraging or assisting suicide (Northern Ireland)
59
Encouraging or assisting suicide: information society services
Chapter 2
Images of children
Prohibited images
60
Possession of prohibited images of children
61
Exclusion of classified film etc
62
Defences
63
Meaning of “image” and “child”
64
Penalties
65
Entry, search, seizure and forfeiture
66
Special rules relating to providers of information society services
Indecent pseudo-photographs of children
67
Indecent pseudo-photographs of children: marriage etc
Chapter 3
Other offences
68
Genocide, crimes against humanity and war crimes
69
Conspiracy
70
Abolition of common law libel offences etc
Part 3
Criminal evidence, investigations and procedure
Chapter 1
Anonymity in investigations
71
Qualifying offences
72
Qualifying criminal investigations
73
Investigation anonymity orders
74
Applications

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75
Conditions for making order
76
Appeal against refusal of order
77
Discharge of order
78
Delegation of functions
79
Public interest immunity
80
Application to armed forces
81
Interpretation of this Chapter
Chapter 2
Anonymity of witnesses
Witness anonymity orders
82
Witness anonymity orders
83
Applications
84
Conditions for making order
85
Relevant considerations
86
Warning to jury
Discharge and variation
87
Discharge or variation of order
88
Discharge or variation after proceedings
89
Discharge or variation by appeal court
Service courts
90
Special provisions for service courts
Public interest immunity
91
Public interest immunity
The Criminal Evidence (Witness Anonymity) Act 2008
92
Power to make orders under the 2008 Act
Interpretation
93
Interpretation of this Chapter
Chapter 3
Vulnerable and intimidated witnesses
Special measures for vulnerable and intimidated witnesses
94
Eligibility for special measures: age of child witnesses
95
Eligibility for special measures: offences involving weapons
96
Special measures directions for child witnesses
97
Special provisions relating to sexual offences
98
Evidence by live link: presence of supporter
99
Video recorded evidence in chief: supplementary testimony

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Evidence of certain accused persons
100
Examination of accused through intermediary
Witnesses protected from cross-examination by accused in person
101
Age of child complainant
Chapter 4
Live links
102
Directions to attend through live link
103
Answering to live link bail
104
Searches of persons answering to live link bail
105
Use of live link in certain enforcement hearings
106
Direction of registrar for appeal hearing by live link
Chapter 5
Miscellaneous
Evidence by video recording
107
Effect of admission of video recording
Evidence of previous complaints
108
Admissibility of evidence of previous complaints
Immunity etc
109
Powers in respect of offenders who assist investigations and prosecutions
Bail
110
Bail: risk of committing an offence causing injury
111
Bail decisions in murder cases to be made by Crown Court judge
Unsigned indictments
112
Indictment of offenders
Detention and treatment of terrorist suspects
113
Independent Commissioner for Terrorist Suspects

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Part 4
Sentencing
Chapter 1
Sentencing Council for England and Wales
Sentencing Council for England and Wales
114
Sentencing Council for England and Wales
115
Annual report
Guidelines
116
Sentencing guidelines
117
Sentencing ranges
118
Allocation guidelines
119
Preparation or revision of guidelines in urgent cases
120
Proposals by Lord Chancellor or Court of Appeal
Duties of the court
121
Sentencing guidelines: duty of court
122
Determination of tariffs etc
Other functions of the Council
123
Resource implications of guidelines
124
Monitoring
125
Promoting awareness
126
Resources: effect of sentencing practice
127
Resources: effect of factors not related to sentencing
128
Duty to assess impact of policy and legislative proposals
Lord Chancellor’s functions
129
Assistance by the Lord Chancellor
130
Entrenchment of Lord Chancellor’s functions
Miscellaneous and general
131
Abolition of existing sentencing bodies
132
Interpretation of this Chapter
Chapter 2
Other provisions relating to sentencing
Driving disqualification
133
Extension of driving disqualification

© Parliamentary copyright 2009
Revised 30 October 2009