Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Coroners etc
Duty to investigate
A senior coroner who is made aware that the body of a deceased person is within that coroner's area must as soon as practicable conduct an investigation into the person's death if subsection (2) applies.
This subsection applies if the coroner has reason to suspect that—
the deceased died a violent or unnatural death,
the cause of death is unknown, or
the deceased died while in custody or otherwise in state detention.
A senior coroner who has reason to believe that—may report the matter to the Chief Coroner.
a death has occurred in or near the coroner's area,
the circumstances of the death are such that there should be an investigation into it, and
the duty to conduct an investigation into the death under subsection (1) does not arise because of the destruction, loss or absence of the body,
On receiving a report under subsection (4) the Chief Coroner may direct a senior coroner (who does not have to be the one who made the report) to conduct an investigation into the death.
The coroner to whom a direction is given under subsection (5) must conduct an investigation into the death as soon as practicable. This is subject to section 3.
A senior coroner may make whatever enquiries seem necessary in order to decide—
whether the duty under subsection (1) arises;
whether the power under subsection (4) arises.
This Chapter is subject to Schedule 10.
Investigation by other coroner
A senior coroner (coroner A) who is under a duty under section 1(1) to conduct an investigation into a person's death may request a senior coroner for another area (coroner B) to conduct the investigation.
If coroner B agrees to conduct the investigation, that coroner (and not coroner A) must conduct the investigation, and must do so as soon as practicable.
Subsection (2) does not apply if a direction concerning the investigation is given under section 3 before coroner B agrees to conduct the investigation.
Subsection (2) is subject to—
any direction concerning the investigation that is given under section 3 after the agreement, and
section 4.
A senior coroner must give to the Chief Coroner notice in writing of any request made by him or her under subsection (1), stating whether or not the other coroner agreed to it.
The Chief Coroner may direct a senior coroner (coroner B) to conduct an investigation under this Part into a person's death even though, apart from the direction, a different senior coroner (coroner A) would be under a duty to conduct it.
Where a direction is given under this section, coroner B (and not coroner A) must conduct the investigation, and must do so as soon as practicable.
Subsection (2) is subject to—
any subsequent direction concerning the investigation that is given under this section, and
section 4.
The Chief Coroner must give notice in writing of a direction under this section to coroner A.
A reference in this section to conducting an investigation, in the case of an investigation that has already begun, is to be read as a reference to continuing to conduct the investigation.
Discontinuance of investigation
A senior coroner who is responsible for conducting an investigation under this Part into a person's death must discontinue the investigation if—
the coroner is satisfied that the cause of death has become clear in the course of the investigation,
an inquest into the death has not yet begun, and
the coroner thinks that it is not necessary to continue the investigation.
Subsection (1) does not apply if the coroner has reason to suspect that the deceased—
died a violent or unnatural death, or
died while in custody or otherwise in state detention.
Where a senior coroner discontinues an investigation into a death under this section—This subsection does not prevent a fresh investigation under this Part from being conducted into the death.
the coroner may not hold an inquest into the death;
no determination or finding under section 10(1) may be made in respect of the death.
A senior coroner who discontinues an investigation into a death under this section must, if requested to do so in writing by an interested person, give to that person as soon as practicable a written explanation as to why the investigation was discontinued.
Purpose of investigation
The purpose of an investigation under this Part into a person's death is to ascertain—
who the deceased was;
how, when and where the deceased came by his or her death;
the particulars (if any) required by the 1953 Act to be registered concerning the death.
Where necessary in order to avoid a breach of any Convention rights (within the meaning of the Human Rights Act 1998 (c. 42)), the purpose mentioned in subsection (1)(b) is to be read as including the purpose of ascertaining in what circumstances the deceased came by his or her death.
Neither the senior coroner conducting an investigation under this Part into a person's death nor the jury (if there is one) may express any opinion on any matter other than—This is subject to paragraph 7 of Schedule 5.
the questions mentioned in subsection (1)(a) and (b) (read with subsection (2) where applicable);
the particulars mentioned in subsection (1)(c).
Inquests
A senior coroner who conducts an investigation under this Part into a person's death must (as part of the investigation) hold an inquest into the death. This is subject to section 4(3)(a).
An inquest into a death must be held without a jury unless subsection (2) or (3) applies.
An inquest into a death must be held with a jury if the senior coroner has reason to suspect—
that the deceased died while in custody or otherwise in state detention, and that either—
the death was a violent or unnatural one, or
the cause of death is unknown,
that the death resulted from an act or omission of—in the purported execution of the officer's or member's duty as such, or
a police officer, or
a member of a service police force,
that the death was caused by a notifiable accident, poisoning or disease.
An inquest into a death may be held with a jury if the senior coroner thinks that there is sufficient reason for doing so.
For the purposes of subsection (2)(c) an accident, poisoning or disease is “notifiable” if notice of it is required under any Act to be given—
to a government department,
to an inspector or other officer of a government department, or
to an inspector appointed under section 19 of the Health and Safety at Work etc. Act 1974 (c. 37).
But COVID-19 is not a notifiable disease for the purposes of subsection (2)(c).
The jury at an inquest (where there is a jury) is to consist of seven, eight, nine, ten or eleven persons.
For the purpose of summoning a jury, a senior coroner may summon persons (whether within or without the coroner area for which that coroner is appointed) to attend at the time and place stated in the summons.
Once assembled, the members of a jury are to be sworn by or before the coroner to inquire into the death of the deceased and to give a true determination according to the evidence.
Only a person who is qualified to serve as a juror in the Crown Court, the High Court and the county court, under section 1 of the Juries Act 1974 (c. 23), is qualified to serve as a juror at an inquest.
The senior coroner may put to a person summoned under this section any questions that appear necessary to establish whether or not the person is qualified to serve as a juror at an inquest.
Subject to subsection (2), a determination or finding that a jury is required to make under section 10(1) must be unanimous.
A determination or finding need not be unanimous if—Before accepting a determination or finding not agreed on by all the members of the jury, the coroner must require one of them to announce publicly how many agreed and how many did not.
only one or two of the jury do not agree on it, and
the jury has deliberated for a period of time that the senior coroner thinks reasonable in view of the nature and complexity of the case.
If the members of the jury, or the number of members required by subsection (2)(a), do not agree on a determination or finding, the coroner may discharge the jury and another one may be summoned in its place.
A senior coroner holding an inquest with a jury may order the members of the jury to surrender any electronic communications devices for a period.
An order may be made only if the senior coroner considers that—
the order is necessary or expedient in the interests of justice, and
the terms of the order are a proportionate means of safeguarding those interests.
An order may only specify a period during which the members of the jury are—
in the building in which the inquest is being heard,
in other accommodation provided at the senior coroner's request,
visiting a place in accordance with arrangements made for the purposes of the inquest, or
travelling to or from a place mentioned in paragraph (b) or (c).
An order may be made subject to exceptions.
It is a contempt of court for a member of a jury to fail to surrender an electronic communications device in accordance with an order under this section.
Proceedings for a contempt of court under this section may only be instituted on the motion of a senior coroner having jurisdiction to deal with it.
In this section, “electronic communications device” means a device that is designed or adapted for a use which consists of or includes the sending or receiving of signals that are transmitted by means of an electronic communications network (as defined in section 32 of the Communications Act 2003).
This section applies where an order has been made under section 9A in respect of the members of a jury.
A coroners' officer must, if ordered to do so by a senior coroner, search a member of the jury in order to determine whether the juror has failed to surrender an electronic communications device in accordance with the order.
Subsection (2) does not authorise the officer to require a person to remove clothing other than a coat, jacket, headgear, gloves or footwear.
If the search reveals a device which is required by the order to be surrendered—
the officer must ask the juror to surrender the device, and
if the juror refuses to do so, the officer may seize it.
Subject to subsection (6), a coroners' officer may retain an article which was surrendered or seized under subsection (4) until the end of the period specified in the order.
If a coroners' officer reasonably believes that the device may be evidence of, or in relation to, an offence, the officer may retain it until the later of—
the end of the period specified in the order, and
the end of such period as will enable the officer to draw it to the attention of a constable.
A coroners' officer may not retain a device under subsection (6)(b) for a period of more than 24 hours from the time when it was surrendered or seized.
The Lord Chancellor may by regulations make provision as to—
the provision of written information about coroners' officers' powers of retention to persons by whom devices have been surrendered, or from whom devices have been seized, under this section,
the keeping of records about devices which have been surrendered or seized under this section,
the period for which unclaimed devices have to be kept, and
the disposal of unclaimed devices at the end of that period.
In this section—“electronic communications device” has the same meaning as in section 9A;“unclaimed device” means a device retained under this section which has not been returned and whose return has not been requested by a person entitled to it.
Where an inquest into a death is to be held without a jury, the inquest is to be held—
at a hearing, or
if the senior coroner decides that a hearing is unnecessary, in writing.
The senior coroner is not to decide that a hearing is unnecessary unless—
the coroner has invited representations from each interested person known to the coroner,
no interested person has represented on reasonable grounds that a hearing should take place,
it appears to the coroner that there is no real prospect of disagreement among interested persons as to the determinations or findings that the inquest could or should make, and
it appears to the coroner that no public interest would be served by a hearing.
Outcome of investigation
After considering the evidence given to an inquest into a death, the senior coroner (if there is no jury) or the jury (if there is one) must—
if particulars are required by the 1953 Act to be registered concerning the death, make a finding as to those particulars.
A determination under subsection (1)(a) may not be framed in such a way as to appear to determine any question of—
criminal liability on the part of a named person, or
civil liability.
In subsection (2) “criminal liability” includes liability in respect of a service offence.
Suspension
Schedule 1 makes provision about suspension and resumption of investigations.
Deaths related to the Northern Ireland Troubles
Schedule 1A makes provision about investigations and inquests into Troubles-related deaths.
Death of service personnel abroad
This section applies to the death outside the United Kingdom of a person within subsection (2) or (3).
A person is within this subsection if at the time of the death the person was subject to service law by virtue of section 367 of the Armed Forces Act 2006 (c. 52) and was engaged in—
active service,
activities carried on in preparation for, or directly in support of, active service, or
training carried out in order to improve or maintain the effectiveness of those engaged in active service.
A person is within this subsection if at the time of the death the person was not subject to service law but—
by virtue of paragraph 7 of Schedule 15 to the Armed Forces Act 2006 was a civilian subject to service discipline, and
was accompanying persons subject to service law who were engaged in active service.
If—the Secretary of State may notify the Lord Advocate accordingly.
the person's body is within Scotland or is expected to be brought to the United Kingdom, and
the Secretary of State thinks that it may be appropriate for the circumstances of the death to be investigated under the Inquiries into Fatal Accidents and Sudden Deaths etc.(Scotland) Act 2016,
If—the Chief Coroner may notify the Lord Advocate accordingly.
the person's body is within England and Wales, and
the Chief Coroner thinks that it may be appropriate for the circumstances of the death to be investigated under that Act,
The Chief Coroner may direct a senior coroner to conduct an investigation into a person's death if—
the deceased is a person within subsection (2) or (3) of section 12,
the Lord Advocate has been notified under subsection (4) or (5) of that section in relation to the death,
the body of the deceased has been brought to Scotland,
no inquiry into the circumstances of the death under the Inquiries into Fatal Accidents and Sudden Deaths etc.(Scotland) Act 2016 has been held (or any such inquiry that has been started has not been concluded),
the Lord Advocate notifies the Chief Coroner that, in the Lord Advocate's view, it may be appropriate for an investigation under this Part into the death to be conducted, and
the Chief Coroner has reason to suspect that—
the deceased died a violent or unnatural death,
the cause of death is unknown, or
the deceased died while in custody or otherwise in state detention.
The coroner to whom a direction is given under subsection (1) must conduct an investigation into the death as soon as practicable. This is subject to section 3.
Ancillary powers of coroners in relation to deaths
A senior coroner may request a suitable practitioner to make a post-mortem examination of a body if—
the coroner is responsible for conducting an investigation under this Part into the death of the person in question, or
a post-mortem examination is necessary to enable the coroner to decide whether the death is one into which the coroner has a duty under section 1(1) to conduct an investigation.
A request under subsection (1) may specify the kind of examination to be made.
For the purposes of subsection (1) a person is a suitable practitioner if he or she—
is a registered medical practitioner, or
in a case where a particular kind of examination is requested, a practitioner of a description designated by the Chief Coroner as suitable to make examinations of that kind.
Where a person informs the senior coroner that, in the informant's opinion, death was caused wholly or partly by the improper or negligent treatment of a registered medical practitioner or other person, that practitioner or other person—This subsection has no effect as regards a post-mortem examination already made.
must not make, or assist at, an examination under this section of the body, but
is entitled to be represented at such an examination.
A person who makes a post-mortem examination under this section must as soon as practicable report the result of the examination to the senior coroner in whatever form the coroner requires.
A senior coroner who—may order the body to be removed to any suitable place.
is responsible for conducting an investigation under this Part into a person's death, or
That place may be within the coroner's area or elsewhere.
The senior coroner may not order the removal of a body under this section to a place provided by a person who has not consented to its being removed there. This does not apply to a place within the coroner's area that is provided by a district council, a county council, a county borough council, a London borough council or the Common Council.
Miscellaneous
A senior coroner who is conducting an investigation under this Part into a person's death that has not been completed or discontinued within a year—
must notify the Chief Coroner of that fact;
must notify the Chief Coroner of the date on which the investigation is completed or discontinued.
In subsection (1) “within a year” means within the period of 12 months beginning with the day on which the coroner was made aware that the person's body was within the coroner's area.
The Chief Coroner must keep a register of notifications given under subsection (1).
The Chief Coroner must—
monitor investigations under this Part into service deaths;
secure that coroners conducting such investigations are suitably trained to do so.
In this section “service death” means the death of a person who at the time of the death was subject to service law by virtue of section 367 of the Armed Forces Act 2006 (c. 52) and was engaged in—
active service,
activities carried on in preparation for, or directly in support of, active service, or
training carried out in order to improve or maintain the effectiveness of those engaged in active service.
The Lord Chancellor may make regulations requiring a registered medical practitioner, in prescribed cases or circumstances, to notify a senior coroner of a death of which the practitioner is aware.
Before making regulations under this section the Lord Chancellor must consult—
the Secretary of State for Health and Social Care, and
the Chief Coroner.
An English NHS body may appoint persons as medical examiners to discharge in England the functions conferred on medical examiners by or under this Chapter.
The Secretary of State must take such steps as the Secretary of State considers appropriate for the purpose of ensuring—
that enough medical examiners are appointed under subsection(1) to enable those functions to be discharged in England,
that the funds and other resources that are made available to such medical examiners are enough to enable those functions to be discharged in England, and
that the performance of such medical examiners is monitored by reference to any standards or levels of performance that they are expected to attain.
For the purposes of discharging the duty in subsection(2), the Secretary of State may give a direction to an English NHS body—
requiring the body to appoint or arrange for the appointment of one or more medical examiners,
about the funds or other resources to be made available to a medical examiner employed by an English NHS body,
about the steps to be taken by the body to monitor the performance of such a medical examiner, or
about the steps to be taken by the body to monitor the performance of functions by an English NHS body in relation to such a medical examiner.
In this section “English NHS body” means—
NHS England,
an integrated care board established under section 14Z25 of the National Health Service Act 2006,
a National Health Service trust established under section 25 of that Act,
a Special Health Authority established under section 28 of that Act, or
an NHS foundation trust within the meaning of section 30 of that Act.
A Welsh NHS body may appoint persons as medical examiners to discharge in Wales the functions conferred on medical examiners by or under this Chapter.
The Welsh Ministers must take such steps as the Welsh Ministers consider appropriate for the purpose of ensuring—
that enough medical examiners are appointed under subsection(1) to enable those functions to be discharged in Wales,
that the funds and other resources that are made available to such medical examiners are enough to enable those functions to be discharged in Wales, and
that the performance of such medical examiners is monitored by reference to any standards or levels of performance that they are expected to attain.
In this section “Welsh NHS body” means—
a Local Health Board,
a National Health Service trust established under section 18 of the National Health Service (Wales) Act 2006, or
a Special Health Authority established under section 22 of that Act.
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A person may be appointed as a medical examiner only if, at the time of the appointment, he or she—
is a registered medical practitioner and has been throughout the previous 5 years, and
practises as such or has done within the previous 5 years.
The appropriate Minister may by regulations make—
provision about the terms of appointment of medical examiners and about termination of appointment;
provision for the payment to medical examiners of remuneration, expenses, fees, compensation for termination of appointment, pensions, allowances or gratuities;
provision as to training—
to be undertaken as a precondition for appointment as a medical examiner;
to be undertaken by medical examiners;
provision about the procedure to be followed in connection with the exercise of functions by medical examiners;
provision conferring functions on medical examiners;
provision for functions of medical examiners to be exercised, during a period of emergency, by persons not meeting the criteria in subsection (3).
Nothing in section 18A or 18B or this section, or in regulations under this section, gives an English NHS body (as defined by section 18A) or a Welsh NHS body (as defined by section 18B) any role in relation to the way in which medical examiners exercise their professional judgment as medical practitioners.
In this section “the appropriate Minister” means—
in relation to England, the Secretary of State;
in relation to Wales, the Welsh Ministers.
For the purposes of this section a “period of emergency” is a period certified as such by the Secretary of State on the basis that there is or has been, or is about to be, an event or situation involving or causing, or having the potential to cause, a substantial loss of human life throughout, or in any part of, England and Wales.
A certification under subsection (7) must specify—
the date when the period of emergency begins, and
the date when it is to end.
Subsection (8)(b) does not prevent the Secretary of State certifying a new period of emergency in respect of the same event or situation.
“informant”, in relation to a death, means the person who gave particulars concerning the death to the registrar under section 16 or 17 of the 1953 Act;“period of emergency” has the same meaning as in section 19;“the Statistics Board” means the body corporate established by section 1 of the Statistics and Registration Service Act 2007 (c. 18).
The Secretary of State may by regulations make the following provision in relation to a death that is required to be registered under Part 2 of the 1953 Act—
provision requiring a registered medical practitioner who attended the deceased before his or her death (an “attending practitioner”)—
to prepare a certificate stating the cause of death to the best of the practitioner's knowledge and belief (an “attending practitioner's certificate”), or
where the practitioner is unable to establish the cause of death, to refer the case to a senior coroner;
provision requiring a copy of an attending practitioner's certificate to be given to a medical examiner;
provision allowing an attending practitioner, if invited to do so by the medical examiner or a registrar, to issue a fresh attending practitioner's certificate superseding the existing one;
provision requiring a senior coroner to refer a case to a medical examiner;
provision requiring a medical examiner to make whatever enquiries appear to be necessary in order to confirm or establish the cause of death;
provision requiring a medical examiner to whom a copy of an attending practitioner's certificate has been given—
to confirm the cause of death stated on the certificate and to notify a registrar that the cause of death has been confirmed, or
where the examiner is unable to confirm the cause of death, to refer the case to a senior coroner;
provision for an attending practitioner's certificate, once the cause of death has been confirmed as mentioned in paragraph (f), to be given to a registrar;
provision requiring a medical examiner to whom a case has been referred by a senior coroner—
to issue a certificate stating the cause of death to the best of the examiner's knowledge and belief (a “medical examiner's certificate”) and to notify a registrar that the certificate has been issued, or
where the examiner is unable to establish the cause of the death, to refer the case back to the coroner;
provision for a medical examiner's certificate to be given to a registrar;
provision allowing a medical examiner, if invited to do so by the registrar, to issue a fresh medical examiner's certificate superseding the existing one;
provision requiring a medical examiner or someone acting on behalf of a medical examiner—
to discuss the cause of death with the informant or with some other person whom the examiner considers appropriate, and
to give him or her the opportunity to mention any matter that might cause a senior coroner to think that the death should be investigated under section 1;
provision for confirmation to be given in writing, either by the informant or by a person of a prescribed description, that the requirement referred to in paragraph (k) has been complied with;
provision prescribing forms (including the form of an attending practitioner's certificate and of a medical examiner's certificate) for use by persons exercising functions under the regulations, and requiring the forms to be made available to those persons;
provision requiring the Chief Medical Officer of the Department of Health and Social Care, after consulting—to issue guidance as to how certificates and other forms under the regulations are to be completed;
the Officer with corresponding functions in relation to Wales,
the Registrar General, and
the Statistics Board,
provision for certificates or other forms under the regulations to be signed or otherwise authenticated.
Regulations under subsection (1) imposing a requirement—
may prescribe a period within which the requirement is to be complied with;
may prescribe cases or circumstances in which the requirement does, or does not, apply (and may, in particular, provide for the requirement not to apply during a period of emergency).
The power under subsection (1)(m) to prescribe forms is exercisable only after consultation with—
the Welsh Ministers,
the Registrar General, and
the Statistics Board.
Regulations under subsection (1) may provide for functions that would otherwise be exercisable by a registered medical practitioner who attended the deceased before his or her death to be exercisable, during a period of emergency, by a registered medical practitioner who did not do so.
a medical examiner's confirmation of the cause of death stated on an attending practitioner's certificate, or
the issue of a medical examiner's certificate.
Section 7 of the Cremation Act 1902 (c. 8) (regulations as to burning) does not require the Secretary of State to make regulations, or to include any provision in regulations, if or to the extent that he or she thinks it unnecessary to do so in consequence of—
provision made by regulations under this Chapter or by Coroners regulations, or
provision contained in, or made by regulations under, Part 2 of the 1953 Act as amended by Part 1 of Schedule 21 to this Act.
In this section—“the appropriate Minister” has the same meaning as in section 19;
The Secretary of State may appoint a person as National Medical Examiner.
The National Medical Examiner is to have—
the function of issuing guidance to medical examiners with a view to securing that they carry out their functions in an effective and proportionate manner;
any further functions conferred by regulations made by the Secretary of State.
Before appointing a person as National Medical Examiner or making regulations under subsection (2)(b), the Secretary of State must consult the Welsh Ministers.
A person may be appointed as National Medical Examiner only if, at the time of the appointment, he or she—
is a registered medical practitioner and has been throughout the previous 5 years, and
practises as such or has done within the previous 5 years.
The appointment of a person as National Medical Examiner is to be on whatever terms and conditions the Secretary of State thinks appropriate.
The Secretary of State may pay to the National Medical Examiner—
amounts determined by the Secretary of State by way of remuneration or allowances;
amounts determined by the Secretary of State towards expenses incurred in performing functions as such.
The National Medical Examiner may amend or revoke any guidance issued under subsection (2)(a).
The National Medical Examiner must consult the Welsh Ministers before issuing, amending or revoking any such guidance.
Medical examiners must have regard to any such guidance in carrying out their functions.
Schedule 2 makes provision about coroner areas.
Schedule 3 makes provision about the appointment etc of senior coroners, area coroners and assistant coroners.
The relevant authority for a coroner area—
must secure the provision of whatever officers and other staff are needed by the coroners for that area to carry out their functions;
must provide, or secure the provision of, accommodation that is appropriate to the needs of those coroners in carrying out their functions;
must maintain, or secure the maintenance of, accommodation provided under paragraph (b).
Subsection (1)(a) applies to a particular coroner area only if, or to the extent that, the necessary officers and other staff for that area are not provided by a local policing body.
Subsection (1)(c) does not apply in relation to accommodation the maintenance of which is the responsibility of a person other than the relevant authority in question.
In deciding how to discharge its duties under subsection (1)(b) and (c), the relevant authority for a coroner area must take into account the views of the senior coroner for that area.
A reference in subsection (1) to the coroners for an area is to the senior coroner, and any area coroners or assistant coroners, for that area.
Schedule 4 makes provision about the appointment etc of the Coroner for Treasure and Assistant Coroners for Treasure.
The Coroner for Treasure must conduct an investigation concerning an object in respect of which notification is given under section 8(1) of the Treasure Act 1996 (c. 24).
The Coroner for Treasure may conduct an investigation concerning an object in respect of which notification has not been given under that section if he or she has reason to suspect that the object is treasure.
The Coroner for Treasure may conduct an investigation concerning an object if he or she has reason to suspect that the object is treasure trove.
Subsections (1) to (3) are subject to section 29.
The purpose of an investigation under this section is to ascertain—
whether or not the object in question is treasure or treasure trove;
if it is treasure or treasure trove, who found it, where it was found and when it was found.
Senior coroners, area coroners and assistant coroners have no functions in relation to objects that are or may be treasure or treasure trove. This is subject to paragraph 11 of Schedule 4 (which enables an assistant coroner acting as an Assistant Coroner for Treasure to perform functions of the Coroner for Treasure).
The Coroner for Treasure may, as part of an investigation under section 26, hold an inquest concerning the object in question (a “treasure inquest”).
A treasure inquest must be held without a jury, unless the Coroner for Treasure thinks there is sufficient reason for it to be held with a jury.
a reference to a senior coroner is to be read as a reference to the Coroner for Treasure;
Where the Coroner for Treasure has conducted an investigation under section 26, a determination as to the question mentioned in subsection (5)(a) of that section, and (where applicable) the questions mentioned in subsection (5)(b) of that section, must be made—
by the Coroner for Treasure after considering the evidence (where an inquest is not held),
by the Coroner for Treasure after hearing the evidence (where an inquest is held without a jury), or
by the jury after hearing the evidence (where an inquest is held with a jury).
Where the Coroner for Treasure is conducting, or proposes to conduct, an investigation under section 26 concerning—the Secretary of State may give notice to the Coroner for Treasure disclaiming, on behalf of the Crown, any title that the Crown may have to the object.
an object that would vest in the Crown under the Treasure Act 1996 (c. 24) if the object was in fact treasure and there were no prior interests or rights, or
an object that would belong to the Crown under the law relating to treasure trove if the object was in fact treasure trove,
Where the Coroner for Treasure is conducting, or proposes to conduct, an investigation under section 26 concerning—the franchisee may give notice to the Coroner for Treasure disclaiming any title that the franchisee may have to the object.
an object that would vest in the franchisee under the Treasure Act 1996 if the object was in fact treasure and there were no prior interests or rights, or
an object that would belong to the franchisee under the law relating to treasure trove if the object was in fact treasure trove,
A notice under subsection (1) or (2) may be given only before the making of a determination under section 28.
Where a notice is given under subsection (1) or (2)—
the object is to be treated as not vesting in or belonging to the Crown, or (as the case may be) the franchisee, under the Treasure Act 1996, or the law relating to treasure trove;
the Coroner for Treasure may not conduct an investigation concerning the object under section 26 or, if an investigation has already begun, may not continue with it;
without prejudice to the interests or rights of others, the object may be delivered to a person in accordance with a code of practice published under section 11 of the Treasure Act 1996.
For the purposes of this section the franchisee, in relation to an object, is the person who—the franchisee of the Crown in right of treasure trove for the place where the object was found.
was, immediately before the commencement of section 4 of the Treasure Act 1996, or
apart from that Act, as successor in title, would have been,
After section 8 of the Treasure Act 1996 (c. 24) there is inserted—
In section 10 of that Act (rewards), in subsection (5) (persons to whom reward may be paid), at the end insert—
In relation to an offence under section 8A of that Act (inserted by subsection (1) above) committed before the commencement of section 280(2) of the Criminal Justice Act 2003 (c. 44), a reference in the inserted section to 51 weeks is to be read as a reference to three months.
No civil liability on the part of the Coroner for Treasure arises where he or she delivers an object, or takes any other action, in accordance with a code of practice under section 11 of the Treasure Act 1996.
Schedule 5 makes provision about powers of senior coroners and the Coroner for Treasure.
Schedule 6 makes provision about offences relating to jurors, witnesses and evidence.
Schedule 7 makes provision about allowances, fees and expenses.
Schedule 8 makes provision about the appointment etc of the Chief Coroner and Deputy Chief Coroners.
The Chief Coroner must give the Lord Chancellor a report for each calendar year.
The report must cover—
matters that the Chief Coroner wishes to bring to the attention of the Lord Chancellor;
matters that the Lord Chancellor has asked the Chief Coroner to cover in the report.
The report must contain an assessment for the year of the consistency of standards between coroners areas.
The report must also contain a summary for the year of—
the number and length of—as well as the reasons for the length of those investigations and the measures taken with a view to keeping them from being unnecessarily lengthy;
investigations in respect of which notification was given under subsection (1)(a) or (b) of section 16, and
investigations that were not concluded or discontinued by the end of the year and in respect of which notification was given under subsection (1)(a) of that section in a previous year,
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the matters recorded under paragraph 4 of Schedule 5;
the matters reported under paragraph 7 of that Schedule and the responses given under sub-paragraph (2) of that paragraph.
A report for a year under this section must be given to the Lord Chancellor by 1 July in the following year.
The Lord Chancellor must publish each report given under this section and must lay a copy of it before each House of Parliament.
If requested to do so by the Lord Chancellor, the Chief Coroner must give advice to the Lord Chancellor about particular matters relating to the operation of the coroner system.
The Chief Coroner may, with the agreement of the Lord Chancellor, make regulations about the training of—
senior coroners, area coroners and assistant coroners;
the Coroner for Treasure and Assistant Coroners for Treasure;
coroners' officers and other staff assisting persons within paragraph (a) or (b).
The regulations may (in particular) make provision as to—
the kind of training to be undertaken;
the amount of training to be undertaken;
the frequency with which it is to be undertaken.
Schedule 9 makes provision about the appointment etc of the Medical Adviser to the Chief Coroner and Deputy Medical Advisers to the Chief Coroner.
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Schedule 10 makes provision for an investigation into a person's death to be carried out by the Chief Coroner or the Coroner for Treasure or by a judge, former judge or former coroner.
The Lord Chancellor may issue guidance about the way in which the coroner system is expected to operate in relation to interested persons within section 47(2)(a).
Guidance issued under this section may include provision—This subsection is not to be read as limiting the power in subsection (1).
about the way in which such persons are able to participate in investigations under this Part into deaths;
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about the role of coroners' officers and other staff in helping such persons to participate in investigations ....
The Lord Chancellor may amend or revoke any guidance issued under this section.
The Lord Chancellor must consult the Chief Coroner before issuing, amending or revoking any guidance under this section.
Regulations and rules
The Lord Chancellor may make regulations—Regulations under this section are referred to in this Part as “Coroners regulations”.
for regulating the practice and procedure at or in connection with investigations under this Part (other than the practice and procedure at or in connection with inquests);
for regulating the practice and procedure at or in connection with examinations under section 14;
for regulating the practice and procedure at or in connection with exhumations under paragraph 6 of Schedule 5.
Coroners regulations may be made only if—agrees to the making of the regulations.
the Lord Chief Justice, or
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,
Coroners regulations may make—This subsection is not to be read as limiting the power in subsection (1).
provision for the discharge of an investigation (including provision as to fresh investigations following discharge);
provision for or in connection with the suspension or resumption of investigations;
provision for the delegation by a senior coroner, area coroner or assistant coroner of any of his or her functions;
provision allowing information to be disclosed or requiring information to be given;
provision giving to the Lord Chancellor or the Chief Coroner power to require information from senior coroners;
provision requiring a summary of specified information given to the Chief Coroner by virtue of paragraph (e) to be included in reports under section 36;
provision with respect to the preservation, retention, release or disposal of bodies (including provision with respect to reinterment and with respect to the issue of orders authorising burial);
provision, in relation to authorisations under paragraph 3 of Schedule 5 or entry and search under such authorisations, equivalent to that made by any provision of sections 15 and 16 of the Police and Criminal Evidence Act 1984 (c. 60), subject to any modifications the Lord Chancellor thinks appropriate;
provision, in relation to the power of seizure conferred by paragraph 3(4)(a) of that Schedule, equivalent to that made by any provision of section 21 of that Act, subject to any modifications the Lord Chancellor thinks appropriate;
provision about reports under paragraph 7 of that Schedule.
Coroners regulations may apply any provisions of Coroners rules.
Where Coroners regulations apply any provisions of Coroners rules, those provisions—
may be applied to any extent;
may be applied with or without modifications;
may be applied as amended from time to time.
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”.
Treasure regulations may be made only if—agrees to the making of the regulations.
the Lord Chief Justice, or
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,
Treasure regulations may make—This subsection is not to be read as limiting the power in subsection (1).
provision for the discharge of an investigation (including provision as to fresh investigations following discharge);
provision for or in connection with the suspension or resumption of investigations;
provision for the delegation by the Coroner for Treasure (or an Assistant Coroner for Treasure) of any of his or her functions;
provision allowing information to be disclosed or requiring information to be given;
provision giving to the Lord Chancellor or the Chief Coroner power to require information from the Coroner for Treasure;
provision requiring a summary of specified information given to the Chief Coroner by virtue of paragraph (e) to be included in reports under section 36;
provision of the kind mentioned in paragraph (h) or (i) of section 43(3).
Treasure regulations may apply any provisions of Coroners rules.
Where Treasure regulations apply any provisions of Coroners rules, those provisions—
may be applied to any extent;
may be applied with or without modifications;
may be applied as amended from time to time.
Rules may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005 (c. 4)—Rules under this section are referred to in this Part as “Coroners rules”.
for regulating the practice and procedure at or in connection with inquests;
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Coroners rules may make—
provision about evidence (including provision requiring evidence to be given on oath except in prescribed cases);
provision for the discharge of a jury (including provision as to the summoning of new juries following discharge);
provision for the discharge of an inquest (including provision as to fresh inquests following discharge);
provision for or in connection with the adjournment or resumption of inquests;
provision for a senior coroner to have power to give a direction, in proceedings in the course of an inquest, allowing or requiring a name or other matter not to be disclosed except to persons specified in the direction;
provision for or in connection with the conduct of hearings wholly or partly by way of electronic transmission of sounds or images;
provision for the delegation by—of any of his or her functions, except for functions that involve making judicial decisions or exercising any judicial discretion;
a senior coroner, area coroner or assistant coroner, or
the Coroner for Treasure (or an Assistant Coroner for Treasure),
provision with respect to the disclosure of information;
provision for persons to be excused from service as jurors at inquests in cases specified in the rules;
provision as to the matters to be taken into account by the Coroner for Treasure in deciding whether to hold an inquest concerning an object that is or may be treasure or treasure trove;
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Coroners rules that provide for members of a jury to take part in a hearing by way of electronic transmission of sounds or images must provide for all members of the jury to take part in that way while present at the same place.
Coroners rules may make provision conferring power on a senior coroner or the Coroner for Treasure—In this subsection “specified persons” means persons of a description specified in the direction, or all persons except those of a description specified in the direction.
to give a direction excluding specified persons from an inquest, or part of an inquest, if the coroner is of the opinion that the interests of national security so require;
to give a direction excluding specified persons from an inquest during the giving of evidence by a witness under the age of 18, if the coroner is of the opinion that doing so would be likely to improve the quality of the witness's evidence.
Subsections (2) and (3) are not to be read as limiting the power in subsection (1).
Coroners rules may apply—
any provisions of Coroners regulations;
any provisions of Treasure regulations;
any rules of court that relate to proceedings other than inquests.
Where any provisions or rules are applied by virtue of subsection (5), they may be applied—
to any extent;
with or without modifications;
as amended from time to time.
Practice directions may be given in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005 (c. 4) on any matter that could otherwise be included in Coroners rules.
Coroners rules may, instead of providing for a matter, refer to provision made or to be made by practice directions under subsection (7).
In this section “rules of court” include any provision governing the practice and procedure of a court that is made by or under an enactment.
Coroner of the Queen's household
The office of coroner of the Queen's household is abolished.
Interpretation
This section applies for the purposes of this Part.
“Interested person”, in relation to a deceased person or an investigation or inquest under this Part into a person's death, means—
a spouse, civil partner, partner, parent, child, brother, sister, grandparent, grandchild, child of a brother or sister, stepfather, stepmother, half-brother or half-sister;
a personal representative of the deceased;
a medical examiner exercising functions in relation to the death of the deceased;
a beneficiary under a policy of insurance issued on the life of the deceased;
the insurer who issued such a policy of insurance;
a person who may by any act or omission have caused or contributed to the death of the deceased, or whose employee or agent may have done so;
in a case where the death may have been caused by—a representative of a trade union of which the deceased was a member at the time of death;
an injury received in the course of an employment, or
a disease prescribed under section 108 of the Social Security Contributions and Benefits Act 1992 (c. 4) (benefit in respect of prescribed industrial diseases, etc),
a person appointed by, or representative of, an enforcing authority;
where subsection (3) applies, a chief constable;
where subsection (4) applies, a Provost Marshal of a service police force or of the tri-service serious crime unit;
where subsection (5) applies, the Director General of the Independent Office for Police Conduct;
where subsection (5A) applies, the Service Police Complaints Commissioner;
where an advocate has been appointed under section 36(1) of the Victims and Prisoners Act 2024 in respect of an incident which may have caused or contributed to the death of the deceased—
each advocate that has been appointed under that section in respect of that incident, and
the standing advocate appointed under section 35(1) of that Act;
a person appointed by a Government department to attend or follow an inquest into the death or to assist in, or provide evidence for the purposes of, an investigation into the death under this Part;
any other person who the senior coroner thinks has a sufficient interest.
This subsection applies where it appears that a person has or may have committed—
a homicide offence involving the death of the deceased, or
a related offence (other than a service offence).
This subsection applies where it appears that a person has or may have committed—
the service equivalent of a homicide offence involving the death of the deceased, or
a service offence that is a related offence.
This subsection applies where the death of the deceased is or has been the subject of an investigation managed or carried out by the Director General of the Independent Office for Police Conduct in accordance with Part 3 of Schedule 3 to the Police Reform Act 2002 (c. 30), including that Part as extended or applied by or under any statutory provision (whenever made).
This subsection applies where the death of the deceased is or has been the subject of an investigation directed or carried out by the Service Police Complaints Commissioner in accordance with provision made under section 340P of the Armed Forces Act 2006.
“Interested person”, in relation to an object that is or may be treasure or treasure trove, or an investigation or inquest under Chapter 4 concerning such an object, means—
the British Museum, if the object was found or is believed to have been found in England;
the National Museum of Wales, if the object was found or is believed to have been found in Wales;
the finder of the object or any person otherwise involved in the find;
the occupier, at the time the object was found, of the land where it was found or is believed to have been found;
a person who had an interest in that land at that time or who has had such an interest since;
any other person who the Coroner for Treasure thinks has a sufficient interest.
For the purposes of this section, a person is the partner of a deceased person if the two of them (whether of different sexes or the same sex) were living as partners in an enduring relationship at the time of the deceased person's death.
In this Part, unless the context otherwise requires—“the 1953 Act” means the Births and Deaths Registration Act 1953 (c. 20);“the 1988 Act” means the Coroners Act 1988 (c. 13);“active service” means service in—an action or operation against an enemy (within the meaning given by section 374 of the Armed Forces Act 2006 (c. 52)), an operation outside the British Islands for the protection of life or property, or the military occupation of a foreign country or territory;“area”, in relation to a senior coroner, area coroner or assistant coroner, means the coroner area for which that coroner is appointed;“area coroner” means a person appointed under paragraph 2(3) of Schedule 3;“assistant coroner” means a person appointed under paragraph 2(4) of Schedule 3;“Assistant Coroner for Treasure” means an assistant coroner, designated under paragraph 7 of Schedule 4, acting in the capacity of Assistant Coroner for Treasure;“body” includes body parts;“chief constable” means—a chief officer of police (within the meaning given in section 101(1) of the Police Act 1996 (c. 16)); the Chief Constable of the Ministry of Defence Police; the Chief Constable of the Civil Nuclear Constabulary; the Chief Constable of the British Transport Police;“the Chief Coroner” means a person appointed under paragraph 1 of Schedule 8;“the Common Council” means the Common Council of the City of London, and “common councillor” is to be read accordingly;“coroner area” is to be read in accordance with paragraph 1 of Schedule 2;“the Coroner for Treasure” means a person appointed under paragraph 1 of Schedule 4;“Coroners regulations” means regulations under section 43;“Coroners rules” means rules under section 45;“the coroner system” means the system of law and administration relating to investigations and inquests under this Part;“the court of trial” means—in relation to an offence (other than a service offence) that is tried summarily, the magistrates' court by which the offence is tried; in relation to an offence tried on indictment, the Crown Court; in relation to a service offence, a commanding officer, a Court Martial or the Service Civilian Court (depending on the person before whom, or court before which, it is tried);“Deputy Chief Coroner” means a person appointed under paragraph 2 of Schedule 8;“document” includes information stored in an electronic form;“enforcing authority” has the meaning given by section 18(7) of the Health and Safety at Work etc. Act 1974 (c. 37);“functions” includes powers and duties;“homicide offence” has the meaning given in paragraph 1(6) of Schedule 1;“interested person” is to be read in accordance with section 47;“land” includes premises within the meaning of the Police and Criminal Evidence Act 1984 (c. 60);“local authority” means—in relation to England, a county council, the council of any district comprised in an area for which there is no county council, a London borough council, the Common Council or the Council of the Isles of Scilly; in relation to Wales, a county council or a county borough council;“medical examiner” means a person appointed under section 18A or 18B;“person”, in relation to an offence of corporate manslaughter, includes an organisation;“prosecuting authority” means—the Director of Public Prosecutions, or a person of a description prescribed by an order made by the Lord Chancellor;“related offence” has the meaning given in paragraph 1(6) of Schedule 1;“relevant authority”, in relation to a coroner area, has the meaning given by paragraph 3 of Schedule 2 (and see paragraph 2 of Schedule 22);“senior coroner” means a person appointed under paragraph 1 of Schedule 3;“the service equivalent of a homicide offence” has the meaning given in paragraph 1(6) of Schedule 1;“service offence” has the meaning given by section 50(2) of the Armed Forces Act 2006 (c. 52) (read without regard to any order under section 380 of that Act) and also includes an offence under—Part 2 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18) or paragraph 4(6) of Schedule 5A to that Act, Part 2 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or paragraph 4(6) of Schedule 5A to that Act, or Part 1 or section 47K of the Naval Discipline Act 1957 (c. 53) or paragraph 4(6) of Schedule 4A to that Act;“service police force” means—the Royal Navy Police, the Royal Military Police, or the Royal Air Force Police;“state detention” has the meaning given by subsection (2) (read with subsection (2A));“statutory provision” means provision contained in, or in an instrument made under, any Act (including this Act);“treasure” means anything that is treasure for the purposes of the Treasure Act 1996 (c. 24) (and accordingly does not include anything found before 24 September 1997);“Treasure regulations” means regulations under section 44;“treasure trove” does not include anything found on or after 24 September 1997;“tri-service serious crime unit” means the unit described in section 375(1A) of the Armed Forces Act 2006.
Subject to subsection (2A), a person is in state detention if he or she is compulsorily detained by a public authority within the meaning of section 6 of the Human Rights Act 1998 (c. 42).
For the purposes of this Part, the area of the Common Council is to be treated as including the Inner Temple and the Middle Temple.
A reference in this Part to a coroner who is responsible for conducting an investigation under this Part into a person's death is to be read as a reference to the coroner who is under a duty to conduct the investigation, or who would be under such a duty but for the suspension of the investigation under this Part.
A reference in this Part to producing or providing a document, in relation to information stored in an electronic form, is to be read as a reference to producing or providing a copy of the information in a legible form.
Northern Ireland and Scotland amendments
In section 13 of the Coroners Act (Northern Ireland) 1959 (c. 15) (coroner may hold inquest), in subsection (1), for the words from “a coroner within whose district” to “an unexpected or unexplained death” substitute
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Amendments of Access to Justice Act 1999
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Criminal offences
Partial defence to murder: diminished responsibility
In section 2 of the Homicide Act 1957 (c. 11) (persons suffering from diminished responsibility), for subsection (1) substitute—
In section 6 of the Criminal Procedure (Insanity) Act 1964 (c. 84) (evidence by prosecution of insanity or diminished responsibility), in paragraph (b) for “mind” substitute “ mental functioning ”.
Section 5 of the Criminal Justice Act (Northern Ireland) 1966 (c. 20) (effect, in cases of homicide, of impaired mental responsibility) is amended as follows.
For subsection (1) substitute—
In subsection (2), for “subsection (1)” substitute “ subsection (1C) ”.
In subsections (4) and (5), for “mental abnormality” substitute “ abnormality of mental functioning ”.
Partial defence to murder: loss of control
Where a person (“D”) kills or is a party to the killing of another (“V”), D is not to be convicted of murder if—
D's acts and omissions in doing or being a party to the killing resulted from D's loss of self-control,
the loss of self-control had a qualifying trigger, and
a person of D's sex and age, with a normal degree of tolerance and self-restraint and in the circumstances of D, might have reacted in the same or in a similar way to D.
For the purposes of subsection (1)(a), it does not matter whether or not the loss of control was sudden.
In subsection (1)(c) the reference to “the circumstances of D” is a reference to all of D's circumstances other than those whose only relevance to D's conduct is that they bear on D's general capacity for tolerance or self-restraint.
Subsection (1) does not apply if, in doing or being a party to the killing, D acted in a considered desire for revenge.
On a charge of murder, if sufficient evidence is adduced to raise an issue with respect to the defence under subsection (1), the jury must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.
For the purposes of subsection (5), sufficient evidence is adduced to raise an issue with respect to the defence if evidence is adduced on which, in the opinion of the trial judge, a jury, properly directed, could reasonably conclude that the defence might apply.
A person who, but for this section, would be liable to be convicted of murder is liable instead to be convicted of manslaughter.
The fact that one party to a killing is by virtue of this section not liable to be convicted of murder does not affect the question whether the killing amounted to murder in the case of any other party to it.
This section applies for the purposes of section 54.
A loss of self-control had a qualifying trigger if subsection (3), (4) or (5) applies.
This subsection applies if D's loss of self-control was attributable to D's fear of serious violence from V against D or another identified person.
This subsection applies if D's loss of self-control was attributable to a thing or things done or said (or both) which—
constituted circumstances of an extremely grave character, and
caused D to have a justifiable sense of being seriously wronged.
This subsection applies if D's loss of self-control was attributable to a combination of the matters mentioned in subsections (3) and (4).
In determining whether a loss of self-control had a qualifying trigger—
D's fear of serious violence is to be disregarded to the extent that it was caused by a thing which D incited to be done or said for the purpose of providing an excuse to use violence;
a sense of being seriously wronged by a thing done or said is not justifiable if D incited the thing to be done or said for the purpose of providing an excuse to use violence;
the fact that a thing done or said constituted sexual infidelity is to be disregarded.
In this section references to “D” and “V” are to be construed in accordance with section 54.
Accordingly, the following provisions cease to have effect—
section 3 of the Homicide Act 1957 (c. 11) (questions of provocation to be left to the jury);
section 7 of the Criminal Justice Act (Northern Ireland) 1966 (c. 20) (questions of provocation to be left to the jury).
Infanticide
Section 1 of the Infanticide Act 1938 (c. 36) (offence of infanticide) is amended as follows.
In subsection (1)—
for “notwithstanding that” substitute “ if ”, and
after “murder” insert “ or manslaughter ”.
In subsection (2)—
for “notwithstanding that” substitute “ if ”, and
after “murder” insert “ or manslaughter ”.
Section 1 of the Infanticide Act (Northern Ireland) 1939 (c. 5) (offence of infanticide) is amended as follows.
In subsection (1)—
for “notwithstanding that” substitute “ if ”, and
after “murder” insert “ or manslaughter ”.
In subsection (2)—
for “notwithstanding that” substitute “ if ”, and
after “murder” insert “ or manslaughter ”.
Suicide
The Suicide Act 1961 (c. 60) is amended as follows.
In section 2 (criminal liability for complicity in another's suicide), for subsection (1) substitute—
In subsection (2) of that section, for “it” to the end substitute “ of a person it is proved that the deceased person committed suicide, and the accused committed an offence under subsection (1) in relation to that suicide, the jury may find the accused guilty of the offence under subsection (1). ”
After that section insert—
The Criminal Justice Act (Northern Ireland) 1966 (c. 20) is amended as follows.
In section 13 (criminal liability for complicity in another's suicide), for subsection (1) substitute—
In subsection (2) of that section, for “it” to the end substitute “ of a person it is proved that the deceased person committed suicide, and the person charged committed an offence under subsection (1) in relation to that suicide, the jury may find the person charged guilty of the offence under subsection (1). ”
After that section insert—
Schedule 12 makes special provision in connection with the operation of section 2 of the Suicide Act 1961 (c. 60) and section 13 of the Criminal Justice Act (Northern Ireland) 1966 (c. 20) in relation to persons providing information society services within the meaning of that Schedule.
Prohibited images
It is an offence for a person to be in possession of a prohibited image of a child.
A prohibited image is an image which—
is pornographic,
falls within subsection (6), and
is grossly offensive, disgusting or otherwise of an obscene character.
An image is “pornographic” if it is of such a nature that it must reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal.
Where (as found in the person's possession) an image forms part of a series of images, the question whether the image is of such a nature as is mentioned in subsection (3) is to be determined by reference to—
the image itself, and
(if the series of images is such as to be capable of providing a context for the image) the context in which it occurs in the series of images.
So, for example, where—the image may, by virtue of being part of that narrative, be found not to be pornographic, even though it might have been found to be pornographic if taken by itself.
an image forms an integral part of a narrative constituted by a series of images, and
having regard to those images as a whole, they are not of such a nature that they must reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal,
An image falls within this subsection if it—
is an image which focuses solely or principally on a child's genitals or anal region, or
portrays any of the acts mentioned in subsection (7).
Those acts are—
the performance by a person of an act of intercourse or oral sex with or in the presence of a child;
an act of masturbation by, of, involving or in the presence of a child;
an act which involves penetration of the vagina or anus of a child with a part of a person's body or with anything else;
an act of penetration, in the presence of a child, of the vagina or anus of a person with a part of a person's body or with anything else;
the performance by a child of an act of intercourse or oral sex with an animal (whether dead or alive or imaginary);
the performance by a person of an act of intercourse or oral sex with an animal (whether dead or alive or imaginary) in the presence of a child.
For the purposes of subsection (7), penetration is a continuing act from entry to withdrawal.
Proceedings for an offence under subsection (1) may not be instituted—
in England and Wales, except by or with the consent of the Director of Public Prosecutions;
in Northern Ireland, except by or with the consent of the Director of Public Prosecutions for Northern Ireland.
Section 62(1) does not apply to excluded images.
An “excluded image” is an image which forms part of a series of images contained in a recording of the whole or part of a classified work.
But such an image is not an “excluded image” if—
it is contained in a recording of an extract from a classified work, and
it is of such a nature that it must reasonably be assumed to have been extracted (whether with or without other images) solely or principally for the purpose of sexual arousal.
Where an extracted image is one of a series of images contained in the recording, the question whether the image is of such a nature as is mentioned in subsection (3)(b) is to be determined by reference to—and section 62(5) applies in connection with determining that question as it applies in connection with determining whether an image is pornographic.
the image itself, and
(if the series of images is such as to be capable of providing a context for the image) the context in which it occurs in the series of images;
In determining for the purposes of this section whether a recording is a recording of the whole or part of a classified work, any alteration attributable to—is to be disregarded.
a defect caused for technical reasons or by inadvertence on the part of any person, or
the inclusion in the recording of any extraneous material (such as advertisements),
Nothing in this section is to be taken as affecting any duty of a designated authority to have regard to section 62 (along with other enactments creating criminal offences) in determining whether a video work is suitable for a classification certificate to be issued in respect of it.
In this section—“classified work” means (subject to subsection (8)) a video work in respect of which a classification certificate has been issued by a designated authority (whether before or after the commencement of this section);“classification certificate” and “video work” have the same meaning as in the Video Recordings Act 1984 (c. 39);“designated authority” means an authority which has been designated by the Secretary of State under section 4 of that Act;“extract” includes an extract consisting of a single image;“pornographic” has the same meaning as in section 62;“recording” means any disc, tape or other device capable of storing data electronically and from which images may be produced (by any means).
Section 22(3) of the Video Recordings Act 1984 (effect of alterations) applies for the purposes of this section as it applies for the purposes of that Act.
Where a person is charged with an offence under section 62(1), it is a defence for the person to prove any of the following matters—
that the person had a legitimate reason for being in possession of the image concerned;
that the person had not seen the image concerned and did not know, nor had any cause to suspect, it to be a prohibited image of a child;
that the person—
was sent the image concerned without any prior request having been made by or on behalf of the person, and
did not keep it for an unreasonable time.
In this section “prohibited image” has the same meaning as in section 62.
“Image” includes—
a moving or still image (produced by any means), or
data (stored by any means) which is capable of conversion into an image within paragraph (a).
“Image” does not include an indecent photograph, or indecent pseudo-photograph, of a child.
In subsection (3) “indecent photograph” and “indecent pseudo-photograph” are to be construed—
in relation to England and Wales, in accordance with the Protection of Children Act 1978 (c. 37), and
in relation to Northern Ireland, in accordance with the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)).
“Child”, subject to subsection (6), means a person under the age of 18.
Where an image shows a person the image is to be treated as an image of a child if—
the impression conveyed by the image is that the person shown is a child, or
the predominant impression conveyed is that the person shown is a child despite the fact that some of the physical characteristics shown are not those of a child.
References to an image of a person include references to an image of an imaginary person.
References to an image of a child include references to an image of an imaginary child.
This section has effect where a person is guilty of an offence under section 62(1).
The offender is liable—
on summary conviction, to imprisonment for a term not exceeding the relevant period or a fine not exceeding the statutory maximum, or both;
on conviction on indictment, to imprisonment for a term not exceeding 3 years or a fine, or both.
“The relevant period” means—
in relation to England and Wales, the general limit in a magistrates’ court;
in relation to Northern Ireland, 6 months.
The following provisions of the Protection of Children Act 1978 (c. 37) apply in relation to prohibited images of children as they apply in relation to indecent photographs of children (within the meaning of that Act)—
section 4 (entry, search and seizure);
the Schedule (forfeiture of photographs).
The following provisions of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) apply in relation to prohibited images of children as they apply in relation to indecent photographs of children (within the meaning of that Order)—
Article 4 (entry, search and seizure);
the Schedule (forfeiture of photographs).
In this section “prohibited image of a child” means a prohibited image of a child to which section 62(1) applies.
Indecent pseudo-photographs of children
In section 1A of the Protection of Children Act 1978 (c. 37) (making of indecent photograph of child etc: marriage and other relationships), after “photograph”, in each place it occurs, insert “ or pseudo-photograph ”.
In section 160A of the Criminal Justice Act 1988 (c. 33) (possession of indecent photograph of child etc: marriage and other relationships), after “photograph”, in each place it occurs, insert “ or pseudo-photograph ”.
In Article 15A of the Criminal Justice (Evidence, etc) (Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17)) (marriage and other relationships), after “photograph”, in each place it occurs, insert “ or pseudo-photograph ”.
In Article 3B of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) (marriage and other relationships), after “photograph”, in each place it occurs, insert “ or pseudo-photograph ”.
The International Criminal Court Act 2001 (c. 17) is amended as follows.
After section 65 insert—
After section 67 insert—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 1A of the Criminal Law Act 1977 (c. 45) (conspiracy to commit offences outside the United Kingdom)—
in the title and in subsection (2), for “the United Kingdom” substitute “ England and Wales ”, and
for subsection (14) substitute—
In Article 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I. 13)) (conspiracy to commit offences outside the United Kingdom)—
in the title and in paragraph (2), for “the United Kingdom” substitute “ Northern Ireland ”, and
for paragraph (14) substitute—
The following offences under the common law of England and Wales and the common law of Northern Ireland are abolished—
the offences of sedition and seditious libel;
the offence of defamatory libel;
the offence of obscene libel.
Criminal evidence, investigations and procedure
An offence is a qualifying offence for the purposes of this Chapter if—
it is listed in subsection (2), and
the condition in subsection (3) is satisfied in relation to it.
The offences are—
murder;
manslaughter.
The condition in this subsection is that the death was caused by one or both of the following—
being shot with a firearm;
being injured with a knife.
The appropriate authority may by order amend this section—
so as to add an offence to or omit an offence from the list in subsection (2), or
so as to add, omit or modify a condition to be satisfied in relation to an offence.
In this section—“the appropriate authority” means, in relation to England and Wales, the Secretary of State and, in relation to Northern Ireland, the Department of Justice in Northern Ireland;“firearm”, in relation to England and Wales, has the meaning given by section 57 of the Firearms Act 1968 (c. 27) and, in relation to Northern Ireland, has the meaning given by Article 2 of the Firearms (Northern Ireland) Order 2004 (S.I. 2004/702 (N.I. 3));“knife” has the meaning given by section 10 of the Knives Act 1997 (c. 21).
For the purposes of this Chapter a criminal investigation is a qualifying criminal investigation if it is conducted by an investigating authority wholly or in part with a view to ascertaining—
whether a person should be charged with a qualifying offence, or
whether a person charged with a qualifying offence is guilty of it.
The following are investigating authorities—
a police force in England and Wales;
the British Transport Police Force;
the National Crime Agency;
the Police Service of Northern Ireland.
The Secretary of State may by order amend subsection (2) so as to add or omit a body or other person.
The provision which may be included in an order under subsection (3) by virtue of section 176 (power to make consequential provision etc) includes provision modifying any provision of this Chapter.
The power to make an order under subsection (3) is exercisable by the Department of Justice in Northern Ireland (and not by the Secretary of State) so far as it may be used to make provision which could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998).
In this Chapter an “investigation anonymity order” is an order made by a justice of the peace in relation to a specified person prohibiting the disclosure of information—
that identifies the specified person as a person who is or was able or willing to assist a specified qualifying criminal investigation, or
that might enable the specified person to be identified as such a person.
The prohibition in an investigation anonymity order is subject to subsections (3) to (9).
An investigation anonymity order is not contravened by disclosure of such information as regards the specified person as is described in subsection (1), if the person disclosing the information does not know and has no reason to suspect that such an order has been made in relation to the specified person in connection with the specified qualifying criminal investigation.
An investigation anonymity order is not contravened by disclosure of such information as regards the specified person as is described in subsection (1)(b), if the person disclosing the information does not know and has no reason to suspect that the information disclosed is information that might enable the specified person to be identified as a person of the sort described in subsection (1)(a) in relation to the specified qualifying criminal investigation.
A person (“A”) who discloses to another person (“B”) that an investigation anonymity order has been made in relation to a person in connection with the criminal investigation of a qualifying offence does not contravene the order if the condition in subsection (6) is satisfied.
The condition is that A knows that B is aware that the person specified in the order is a person who is or was able or willing to assist a criminal investigation relating to the qualifying offence.
A person who discloses information to which an investigation anonymity order relates does not contravene the order if—
the disclosure is made to a person who is involved in the specified qualifying criminal investigation or in the prosecution of an offence to which the investigation relates, and
the disclosure is made for the purposes of the investigation or the prosecution of an offence to which the investigation relates.
An investigation anonymity order is not contravened by—
disclosure in pursuance of a requirement imposed by any enactment or rule of law, or
disclosure made in pursuance of an order of a court.
A person who discloses such information as regards another person as is described in subsection (1) may not rely on subsection (8) in a case where—Disclosure for the purposes of seeking such a determination is not a contravention of an investigation anonymity order.
it might have been determined that the person was required or permitted to withhold the information (whether on grounds of public interest immunity or on other grounds), but
the person disclosed the information without there having been a determination as to whether the person was required or permitted to withhold the information.
It is an offence for a person to disclose information in contravention of an investigation anonymity order.
A person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding the relevant period or a fine not exceeding the statutory maximum, or both;
on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine, or both.
“The relevant period” means—
in relation to England and Wales, the general limit in a magistrates’ court;
in relation to Northern Ireland, 6 months.
In this section “specified” means specified in the investigation anonymity order concerned.
An application for an investigation anonymity order may be made to a justice of the peace by—
in a case where a police force in England and Wales is conducting the qualifying criminal investigation, the chief officer of police of the police force;
in a case where the British Transport Police Force is conducting the qualifying criminal investigation, the Chief Constable of the British Transport Police Force;
in a case where the National Crime Agency is conducting the qualifying criminal investigation, the Director General of the National Crime Agency;
in a case where the Police Service of Northern Ireland is conducting the qualifying criminal investigation, the Chief Constable of the Police Service of Northern Ireland;
the Director of Public Prosecutions;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the Director of Public Prosecutions for Northern Ireland.
An applicant for an investigation anonymity order is not required to give notice of the application to—
a person who is suspected of having committed or who has been charged with an offence to which the qualifying criminal investigation relates, or
such a person's legal representatives.
An applicant for an investigation anonymity order must (unless the justice of the peace directs otherwise) inform the justice of the identity of the person who would be specified in the order.
A justice of the peace may determine the application without a hearing.
If a justice of the peace determines an application for an investigation anonymity order without a hearing, the designated officer in relation to that justice must notify the applicant of the determination.
In the application of this section to Northern Ireland, the reference to the designated officer in relation to a justice of the peace is to be read as a reference to the clerk of petty sessions ....
The Secretary of State may by order amend subsection (1).
The provision which may be included in an order under subsection (7) by virtue of section 176 (power to make consequential provision etc) includes provision modifying any provision of this Chapter.
The power to make an order under subsection (7) is exercisable by the Department of Justice in Northern Ireland (and not by the Secretary of State) so far as it may be used to make provision which could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998).
This section applies where an application is made for an investigation anonymity order to be made in relation to a person.
The justice of the peace may make such an order if satisfied that there are reasonable grounds for believing that the conditions in subsections (3) to (8) are satisfied.
The condition in this subsection is that a qualifying offence has been committed.
The condition in this subsection is that the person likely to have committed the qualifying offence (“the relevant person”) is a person who was aged at least 11 but under 30 at the time the offence was committed.
The condition in this subsection is that the relevant person is likely to have been a member of a group falling within subsection (6) at the time the offence was committed.
A group falls within this subsection if—
it is possible to identify the group from the criminal activities that its members appear to engage in, and
it appears that the majority of the persons in the group are aged at least 11 but under 30.
The condition in this subsection is that the person who would be specified in the order has reasonable grounds for fearing intimidation or harm if identified as a person who is or was able or willing to assist the criminal investigation as it relates to the qualifying offence.
The condition in this subsection is that the person who would be specified in the order—
is able to provide information that would assist the criminal investigation as it relates to the qualifying offence, and
is more likely than not, as a consequence of the making of the order, to provide such information.
If it is suspected that the qualifying offence was committed by 2 or more persons, it is sufficient for the purposes of subsection (2) that the justice is satisfied that there are reasonable grounds for believing that the conditions in subsections (3) to (8) are satisfied in relation to one person.
The appropriate authority may by order modify or repeal any of subsections (4) to (6) and (9).
The provision which may be included in an order under subsection (10) by virtue of section 176 (power to make consequential provision etc) includes provision modifying any provision of this Chapter.
In subsection (10) “the appropriate authority” means, in relation to England and Wales, the Secretary of State and, in relation to Northern Ireland, the Department of Justice in Northern Ireland.
Where a justice of the peace refuses an application for an investigation anonymity order, the applicant may appeal to a judge of the Crown Court against that refusal.
An applicant may not appeal under subsection (1) unless the applicant indicates—that the applicant intends to appeal a refusal.
in the application for the order, or
if there is a hearing of the application before the justice, at the hearing,
If an applicant has indicated an intention to appeal a refusal, a justice of the peace who refuses an application for an investigation anonymity order must make the order as requested by the applicant.
An order made under subsection (3) has effect until the appeal is determined or otherwise disposed of.
In the application of section 77(5) by virtue of subsection (5), the reference in section 77(5) to the designated officer in relation to a justice of the peace is to be read—
in the case of an appeal made in England and Wales, as a reference to the appropriate officer of the Crown Court;
in the case of an appeal made in Northern Ireland, as a reference to the chief clerk ....
A justice of the peace may discharge an investigation anonymity order if it appears to the justice to be appropriate to do so.
The justice may so discharge an investigation anonymity order on an application by—
the person on whose application the order was made;
the Director of Public Prosecutions;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the Director of Public Prosecutions for Northern Ireland;
the person specified in the order.
An application may not be made under subsection (2) unless there has been a material change of circumstances since the relevant time.
Any person eligible to apply for the discharge of the order is entitled to be party to the proceedings on the application in addition to the applicant.
If an application to discharge an investigation anonymity order is made by a person other than the person specified in the order, the justice may not determine the application unless—
the person specified in the order has had an opportunity to oppose the application, or
the justice is satisfied that it is not reasonably practicable to communicate with the person.
A party to the proceedings may appeal to a judge of the Crown Court against the justice's decision.
If during the proceedings a party indicates an intention to appeal against a determination to discharge the investigation anonymity order, a justice of the peace who makes such a determination must provide for the discharge of the order not to have effect until the appeal is determined or otherwise disposed of.
“The relevant time” means—
the time when the order was made, or
if a previous application has been made under subsection (2), the time when the application (or the last application) was made.
A chief officer of police of a police force in England and Wales may authorise a person to exercise the chief officer's functions under this Chapter.
The Chief Constable of the British Transport Police Force may authorise a person to exercise the Chief Constable's functions under this Chapter.
The Director General of the National Crime Agency may authorise a person to exercise the Director General's functions under this Chapter.
The Chief Constable of the Police Service of Northern Ireland may authorise a person to exercise the Chief Constable's functions under this Chapter.
The Director of Public Prosecutions may authorise a person to exercise the Director's functions under this Chapter.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Director of Public Prosecutions for Northern Ireland may authorise a person to exercise the Director's functions under this Chapter.
Nothing in this Chapter affects the common law rules as to the withholding of information on the grounds of public interest immunity.
The Secretary of State must review the operation of this Chapter in England and Wales and prepare a report of that review.
The Secretary of State must lay a copy of the report before Parliament before the end of the period of 2 years beginning with the day on which section 77 comes into force.
The Department of Justice in Northern Ireland must review the operation of this Chapter in Northern Ireland and prepare a report of that review.
The Department of Justice must lay a copy of the report before the Northern Ireland Assembly before the end of the period of 2 years beginning with the day on which section 77 comes into force.
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (4) in relation to the laying of a copy of a report as it applies in relation to the laying of a statutory document under an enactment.
Subject to subsection (2), nothing in this Chapter applies in relation to any investigation conducted with a view to its being ascertained whether a person should be charged with a service offence or whether a person charged with such an offence is guilty of it.
The Secretary of State may by order make as regards any investigation mentioned in subsection (1) provision equivalent to the provisions contained in this Chapter, subject to such modifications as the Secretary of State considers appropriate.
An order under this section may make provision in such way as the Secretary of State considers appropriate, and may in particular apply any of the provisions concerned, with or without modifications.
In this section—
“service offence” has the meaning given by section 50(2) of the Armed Forces Act 2006 (c. 52);
references to charges are to charges brought under Part 5 of that Act.
In this Chapter—“enactment” means an enactment contained in or in an instrument made by virtue of—an Act of Parliament, a Measure or Act of the National Assembly for Wales, or Northern Ireland legislation;“investigation anonymity order” has the meaning given by section 76;“qualifying criminal investigation” has the meaning given by section 75;“qualifying offence” has the meaning given by section 74.
In the application of this Chapter to Northern Ireland—
references to a justice of the peace are to be read as references to a district judge (magistrates' courts);
references to a judge of the Crown Court are to be read as references to a county court judge.
Witness anonymity orders
In this Chapter a “witness anonymity order” is an order made by a court that requires such specified measures to be taken in relation to a witness in criminal proceedings as the court considers appropriate to ensure that the identity of the witness is not disclosed in or in connection with the proceedings.
The kinds of measures that may be required to be taken in relation to a witness include measures for securing one or more of the following—
that the witness's name and other identifying details may be—
withheld;
removed from materials disclosed to any party to the proceedings;
that the witness may use a pseudonym;
that the witness is not asked questions of any specified description that might lead to the identification of the witness;
that the witness is screened to any specified extent;
that the witness's voice is subjected to modulation to any specified extent.
Subsection (2) does not affect the generality of subsection (1).
Nothing in this section authorises the court to require—
the witness to be screened to such an extent that the witness cannot be seen by—
the judge or other members of the court (if any), or
the jury (if there is one);
the witness's voice to be modulated to such an extent that the witness's natural voice cannot be heard by any persons within paragraph (a)(i) or (ii).
In this section “specified” means specified in the witness anonymity order concerned.
An application for a witness anonymity order to be made in relation to a witness in criminal proceedings may be made to the court by the prosecutor or the defendant.
Where an application is made by the prosecutor, the prosecutor—
must (unless the court directs otherwise) inform the court of the identity of the witness, but
is not required to disclose in connection with the application—to any other party to the proceedings or his or her legal representatives.
the identity of the witness, or
any information that might enable the witness to be identified,
Where an application is made by the defendant, the defendant—
must inform the court and the prosecutor of the identity of the witness, but
(if there is more than one defendant) is not required to disclose in connection with the application—to any other defendant or his or her legal representatives.
the identity of the witness, or
any information that might enable the witness to be identified,
Accordingly, where the prosecutor or the defendant proposes to make an application under this section in respect of a witness, any relevant material which is disclosed by or on behalf of that party before the determination of the application may be disclosed in such a way as to prevent—from being disclosed except as required by subsection (2)(a) or (3)(a).
the identity of the witness, or
any information that might enable the witness to be identified,
“Relevant material” means any document or other material which falls to be disclosed, or is sought to be relied on, by or on behalf of the party concerned in connection with the proceedings or proceedings preliminary to them.
The court must give every party to the proceedings the opportunity to be heard on an application under this section.
But subsection (6) does not prevent the court from hearing one or more parties in the absence of a defendant and his or her legal representatives, if it appears to the court to be appropriate to do so in the circumstances of the case.
Nothing in this section is to be taken as restricting any power to make rules of court.
This section applies where an application is made for a witness anonymity order to be made in relation to a witness in criminal proceedings.
The court may make such an order only if it is satisfied that Conditions A to C below are met.
Condition A is that the proposed order is necessary—
in order to protect the safety of the witness or another person or to prevent any serious damage to property, or
in order to prevent real harm to the public interest (whether affecting the carrying on of any activities in the public interest or the safety of a person involved in carrying on such activities, or otherwise).
Condition B is that, having regard to all the circumstances, the effect of the proposed order would be consistent with the defendant receiving a fair trial.
Condition C is that the importance of the witness's testimony is such that in the interests of justice the witness ought to testify and—
the witness would not testify if the proposed order were not made, or
there would be real harm to the public interest if the witness were to testify without the proposed order being made.
In determining whether the proposed order is necessary for the purpose mentioned in subsection (3)(a), the court must have regard (in particular) to any reasonable fear on the part of the witness—if the witness were to be identified.
that the witness or another person would suffer death or injury, or
that there would be serious damage to property,
When deciding whether Conditions A to C in section 88 are met in the case of an application for a witness anonymity order, the court must have regard to—
the considerations mentioned in subsection (2) below, and
such other matters as the court considers relevant.
The considerations are—
the general right of a defendant in criminal proceedings to know the identity of a witness in the proceedings;
the extent to which the credibility of the witness concerned would be a relevant factor when the weight of his or her evidence comes to be assessed;
whether evidence given by the witness might be the sole or decisive evidence implicating the defendant;
whether the witness's evidence could be properly tested (whether on grounds of credibility or otherwise) without his or her identity being disclosed;
whether there is any reason to believe that the witness—having regard (in particular) to any previous convictions of the witness and to any relationship between the witness and the defendant or any associates of the defendant;
has a tendency to be dishonest, or
has any motive to be dishonest in the circumstances of the case,
whether it would be reasonably practicable to protect the witness by any means other than by making a witness anonymity order specifying the measures that are under consideration by the court.
Subsection (2) applies where, on a trial on indictment with a jury, any evidence has been given by a witness at a time when a witness anonymity order applied to the witness.
The judge must give the jury such warning as the judge considers appropriate to ensure that the fact that the order was made in relation to the witness does not prejudice the defendant.
Discharge and variation
A court that has made a witness anonymity order in relation to any criminal proceedings may in those proceedings subsequently discharge or vary (or further vary) the order if it appears to the court to be appropriate to do so in view of the provisions of sections 88 and 89 that apply to the making of an order.
The court may do so—
on an application made by a party to the proceedings if there has been a material change of circumstances since the relevant time, or
on its own initiative.
The court must give every party to the proceedings the opportunity to be heard—
before determining an application made to it under subsection (2);
before discharging or varying the order on its own initiative.
But subsection (3) does not prevent the court hearing one or more of the parties to the proceedings in the absence of a defendant in the proceedings and his or her legal representatives, if it appears to the court to be appropriate to do so in the circumstances of the case.
“The relevant time” means—
the time when the order was made, or
if a previous application has been made under subsection (2), the time when the application (or the last application) was made.
This section applies if—
a court has made a witness anonymity order in relation to a witness in criminal proceedings (“the old proceedings”), and
the old proceedings have come to an end.
The court that made the order may discharge or vary (or further vary) the order if it appears to the court to be appropriate to do so in view of—
such other matters as the court considers relevant.
The court may do so—
on an application made by a party to the old proceedings if there has been a material change of circumstances since the relevant time, or
on an application made by the witness if there has been a material change of circumstances since the relevant time.
The court may not determine an application made to it under subsection (3) unless in the case of each of the parties to the old proceedings and the witness—
it has given the person the opportunity to be heard, or
it is satisfied that it is not reasonably practicable to communicate with the person.
Subsection (4) does not prevent the court hearing one or more of the persons mentioned in that subsection in the absence of a person who was a defendant in the old proceedings and that person's legal representatives, if it appears to the court to be appropriate to do so in the circumstances of the case.
“The relevant time” means—
the time when the old proceedings came to an end, or
if a previous application has been made under subsection (3), the time when the application (or the last application) was made.
This section applies if—
a court has made a witness anonymity order in relation to a witness in criminal proceedings (“the trial proceedings”), and
a defendant in the trial proceedings has in those proceedings—
been convicted,
been found not guilty by reason of insanity, or
been found to be under a disability and to have done the act charged in respect of an offence.
The appeal court may in proceedings on or in connection with an appeal by the defendant from the trial proceedings discharge or vary (or further vary) the order if it appears to the court to be appropriate to do so in view of—
such other matters as the court considers relevant.
The appeal court may not discharge or vary the order unless in the case of each party to the trial proceedings—
it has given the person the opportunity to be heard, or
it is satisfied that it is not reasonably practicable to communicate with the person.
But subsection (3) does not prevent the appeal court hearing one or more of the parties to the trial proceedings in the absence of a person who was a defendant in the trial proceedings and that person's legal representatives, if it appears to the court to be appropriate to do so in the circumstances of the case.
In this section a reference to the doing of an act includes a reference to a failure to act.
“Appeal court” means—
the Court of Appeal,
the Court of Appeal in Northern Ireland, or
the Court Martial Appeal Court.
Service courts
Subsections (2) and (3) apply in relation to a service court consisting of a judge advocate and other members.
If any evidence is given by a witness in criminal proceedings before the court at a time when a witness anonymity order applies to the witness, the judge advocate must give the other members such warning as the judge advocate considers appropriate to ensure that the fact that the order was made in relation to the witness does not prejudice the defendant.
Public interest immunity
Nothing in this Chapter affects the common law rules as to the withholding of information on the grounds of public interest immunity.
The Criminal Evidence (Witness Anonymity) Act 2008
Interpretation
In this Chapter—“court” means—in relation to England and Wales, a magistrates' court, the Crown Court or the criminal division of the Court of Appeal, in relation to Northern Ireland, a magistrates' court, the Crown Court, a county court exercising its criminal jurisdiction, the High Court or the Court of Appeal in Northern Ireland, or a service court;“criminal proceedings” means—in relation to a court within paragraph (a) or (b) above (other than the High Court in Northern Ireland), criminal proceedings consisting of a trial or other hearing at which evidence falls to be given; in relation to the High Court in Northern Ireland, proceedings relating to bail in respect of a person charged with or convicted of an offence where the proceedings consist of a hearing at which evidence falls to be given; in relation to a service court, proceedings in respect of a service offence consisting of a trial or other hearing at which evidence falls to be given;“the defendant”, in relation to any criminal proceedings, means any person charged with an offence to which the proceedings relate (whether or not convicted);“prosecutor” means any person acting as prosecutor, whether an individual or body;“service court” means—the Court Martial established by the Armed Forces Act 2006 (c. 52), the Summary Appeal Court established by that Act, the Service Civilian Court established by that Act, or the Court Martial Appeal Court;“service offence” has the meaning given by section 50(2) of the Armed Forces Act 2006 (c. 52);“witness”, in relation to any criminal proceedings, means any person called, or proposed to be called, to give evidence at the trial or hearing in question;“witness anonymity order” has the meaning given by section 86.
In the case of a witness anonymity order made by a magistrates' court in England and Wales or Northern Ireland, a thing authorised or required by section 91 or 92 to be done by the court by which the order was made may be done by any magistrates' court acting in the same local justice area, or for the same petty sessions district, as that court.
Special measures for vulnerable and intimidated witnesses
The Youth Justice and Criminal Evidence Act 1999 (c. 23) is amended as follows.
In section 16(1)(a) (witnesses eligible because under 17), for “17” substitute “ 18 ”.
In section 21 (special provisions relating to child witnesses)—
in subsection (8), for “17” substitute “ 18 ”, and
in subsection (9)(b), for “17” substitute “ 18 ”.
in the title, for “17” substitute “ 18 ”, and
in subsection (1)(a)(ii), for “17” substitute “ 18 ”.
The Youth Justice and Criminal Evidence Act 1999 is amended as follows.
In section 17 (witnesses eligible for assistance on grounds of fear or distress about testifying), after subsection (4) add—
In section 64(3) (orders subject to affirmative resolution procedure), in paragraph (a) after “section” insert “ 17(7), ”.
Section 21 of the Youth Justice and Criminal Evidence Act 1999 (c. 23) (special provisions relating to child witnesses) is amended in accordance with subsections (2) to (7).
In subsection (1) (definitions), omit paragraph (b) (child witnesses in need of special protection) (but not the “and” following it).
In subsection (2) (determining contents of direction), for “(7)” substitute “ (4C) ”.
In subsection (4) (limitations on primary rule)—
omit the “and” at the end of paragraph (b), and
after paragraph (b) insert—.
After subsection (4) insert—
After subsection (4B) (inserted by subsection (5)) insert—
Omit subsections (5) to (7).
in subsection (1), omit paragraph (b) (but not the “and” following it), and
for subsection (2) substitute—
After section 22 of the Youth Justice and Criminal Evidence Act 1999 (c. 23) insert—
In section 24 of the Youth Justice and Criminal Evidence Act 1999 (c. 23) (evidence by live link), after subsection (1) insert—
In section 27 of that Act (video recorded evidence in chief), after subsection (9) insert—
Section 27 of the Youth Justice and Criminal Evidence Act 1999 (video recorded evidence in chief) is amended as follows.
In subsection (5) (consequences of admitting video recording), for paragraph (b) substitute—
In subsection (7) (giving permission for additional testimony)—
for “subsection (5)(b)(ii)” substitute “ subsection (5)(b) ”, and
in paragraph (a) (requirement of a material change of circumstances since the relevant time), omit from “if there” to “relevant time,”.
Omit subsection (8) (definition of “the relevant time”).
In subsection (9) (supplementary testimony by live link), for “subsection (5)(b)(ii)” substitute “ subsection (5)(b) ”.
Evidence of certain accused persons
After section 33B of the Youth Justice and Criminal Evidence Act 1999 (c. 23) insert—
In the heading of Chapter 1A of Part 2 of that Act, after “live link” insert “ and intermediary ”.
Witnesses protected from cross-examination by accused in person
In section 35 of the Youth Justice and Criminal Evidence Act 1999 (c. 23) (child complainants and other child witnesses), in subsection (4)(a) for “17” substitute “ 18 ”.
The Crime and Disorder Act 1998 (c. 37) is amended as follows.
In section 57B (use of live link at preliminary hearings where accused is in custody), after subsection (6) add—
In section 57C (use of live link at preliminary hearings where accused is at police station)—
after subsection (6) insert—,
omit subsection (7) (no live link direction unless accused consents),
in subsection (8) (power to rescind live link direction before or during hearing), omit “before or”, and
in subsection (9) (representations about use of live link), omit paragraph (a) (and the “and” following it).
In section 57D (continued use of live link for sentencing hearing following a preliminary hearing)—
in subsection (2) (conditions for use of live link)—
omit paragraph (b) (but not the “and” following it), and
in paragraph (c), for “it” to the end substitute “ the accused continuing to attend through the live link is not contrary to the interests of justice. ”, and
in subsection (3) (conditions for giving oral evidence by live link), omit paragraph (a) (and the “and” following it).
In section 57E (use of live link in sentencing hearings)—
in subsection (5) (conditions for giving live link direction), omit paragraph (a) (and the “and” following it), and
in subsection (7) (conditions for giving oral evidence by live link), omit paragraph (a) (and the “and” following it).
The Police and Criminal Evidence Act 1984 (c. 60) is amended as follows.
In section 46ZA (persons granted live link bail)—
in subsection (3) (accused persons who answer to live link bail and are treated as in police detention)—
omit paragraph (a)(persons not intending to consent to live link direction),
in paragraph (b), for “at any such time,” substitute “ at any time before the beginning of proceedings in relation to a live link direction under section 57C of the Crime and Disorder Act 1998 in relation to the accused person, ”,
omit paragraph (c)(persons not giving consent during proceedings in relation to a live link direction) (but not the “or” following it), and
in paragraph (d), for “any other reason” substitute “ any reason ”, and
in subsection (4) (effect of subsection (3) applying to a person), for “any of paragraphs (a) to (d) of subsection (3) apply” substitute “ paragraph (b) or (d) of subsection (3) applies ”.
In section 46A(power of arrest for failure to answer police bail), in subsection (1ZA) (such failure includes leaving police station without informing a constable that intend not to consent to live link direction), in paragraph (b) omit from “, without informing” to the end.
After section 54A of the Police and Criminal Evidence Act 1984 (c. 60) insert—
In section 46A of that Act (power of arrest for failure to answer to police bail), after subsection (1ZA) insert—
In Part 3 of Schedule 4 to the Police Reform Act 2002 (c. 30) (powers exercisable by detention officers), after paragraph 27 insert—
After section 57E of the Crime and Disorder Act 1998 (c. 37) insert—
In section 57A of that Act (introductory)—
in subsection (1)—
in paragraph (a), after “an offence” insert “ and enforcement hearings relating to confiscation orders ”, and
in paragraph (b), for “and 57E” substitute “ , 57E and 57F ”, and
in subsection (3), at the appropriate place insert—.
In the title of Part 3A of that Act, for “and Sentencing” substitute “ , Sentencing and other ”.
In section 31A of the Criminal Appeal Act 1968 (c. 19) (powers of the Court of Appeal under Part 1 of that Act that are exercisable by the registrar), in subsection (2), after paragraph (a) insert—.
Evidence by video recording
In section 138 of the Criminal Justice Act 2003 (c. 44) (video evidence: further provisions), omit subsection (1) (no evidence in chief on matter dealt with adequately in recorded account).
Evidence of previous complaints
In section 120(7) of the Criminal Justice Act 2003 (third condition for admitting previous statement of witness as evidence of matter stated of which oral evidence of witness would be admitted), omit paragraph (d) (requirement that complaint be made as soon as could reasonably be expected after the alleged conduct).
Immunity etc
Chapter 2 of Part 2 of the Serious Organised Crime and Police Act 2005 (c. 15) is amended as follows.
In section 71 (assistance by offender: immunity from prosecution), in subsection (1) (immunity notice)—
for “any offence” substitute “ an indictable offence or an offence triable either way ”, and
after “prosecution”, in second place it occurs, insert “ for any offence ”.
In subsection (4) of that section (specified prosecutors)—, and
after paragraph (d) insert—
in paragraph (e) for “(d)” substitute “ (db) ”.
After subsection (6) of that section insert—
In section 72 (assistance by offender: undertakings as to use of evidence), in subsection (1) (restricted use undertaking) for “any offence” substitute “ an indictable offence or an offence triable either way ”.
In subsection (2)(a) of that section, at the beginning insert “ any ”.
After section 75A insert—
Bail
Part 1 of Schedule 1 to the Bail Act 1976 (c. 63) (defendants accused or convicted of imprisonable offences) is amended as follows.
After paragraph 6 insert—
In paragraph 9 (matters to which court is to have regard when taking decisions about granting bail)—
after “6A” insert “ or of the opinion mentioned in paragraph 6ZA ”, and
after paragraph (d) insert—.
A person charged with murder may not be granted bail except by order of a judge of the Crown Court.
Subsections (3) and (4) apply where a person appears or is brought before a magistrates' court charged with murder.
A judge of the Crown Court must make a decision about bail in respect of the person as soon as reasonably practicable and, in any event, within the period of 48 hours beginning with the day after the day on which the person appears or is brought before the magistrates' court.
The magistrates' court must, if necessary for the purposes of subsection (3), commit the person to custody to be brought before a judge of the Crown Court.
For the purposes of subsections (3) and (4), it is immaterial whether the magistrates' court—
sends the person to the Crown Court for trial, or
adjourns proceedings under section 52(5) of the Crime and Disorder Act 1998 (c. 37) and remands the person.
In this section a reference to a person charged with murder includes a person charged with murder and one or more other offences.
For the purposes of subsection (3), when calculating the period of 48 hours Saturdays, Sundays, Christmas Day, Good Friday and bank holidays are to be excluded.
Unsigned indictments
In the Administration of Justice (Miscellaneous Provisions) Act 1933 (c. 36)—
in section 2 (procedure for indictment of offenders), in subsection (1) omit—
from “, and where” to “the bill,”, and
from “Provided” to the end,
in subsection (3) of that section—
after “indictment”, in first place it occurs, insert “ has been ”, and
omit “has been signed by the proper officer of the court”,
after subsection (6) of that section, insert—, and
in paragraph 1 of Schedule 2 (consequential adaptations of enactments)—
for “respectively references” substitute “ reference ”, and
omit “and signing”.
In section 82 of the Supreme Court Act 1981 (c. 54) (duties of officers of Crown Court), in subsection (1) omit “the signing of indictments,”.
Detention of terrorist suspects
Section 36 of the Terrorism Act 2006 (c. 11) (review of terrorism legislation) is amended in accordance with subsections (2) and (3).
After subsection (2) insert—
In subsection (3) for “That person” substitute “ The person appointed under subsection (1) ”.
Section 51 of the Police Reform Act 2002 (c. 30) (independent custody visitors for places of detention) is amended in accordance with subsections (5) to (8).
After subsection (1) insert—
In subsection (3), after paragraph (b) insert—.
After that subsection insert—
For subsection (10) substitute—
Sentencing
Sentencing Council for England and Wales
There is to be a Sentencing Council for England and Wales.
Schedule 15 makes provision about the Council.
As soon as practicable after the beginning of each financial year, the Council must submit a business plan for the year to the Lord Chancellor for approval.
The business plan for a financial year must set out—
the matters about which the Council proposes to prepare sentencing guidelines in the year, and
the other activities it proposes to undertake in the year.
As soon as practicable after receiving a business plan submitted under subsection (1), the Lord Chancellor must consider the plan and decide whether to approve it.
If the Lord Chancellor approves the business plan for a financial year—
the Lord Chancellor must notify the Council, and
the Council must publish the plan once it has been so notified.
If the Lord Chancellor decides not to approve the business plan for a financial year, the Lord Chancellor must—
notify the Council, and
as soon as practicable after doing so, lay before Parliament a document stating the reason for the decision.
The Council must, as soon as practicable after the end of each financial year, make to the Lord Chancellor a report on the exercise of the Council's functions during the year.
The Lord Chancellor must lay a copy of the report before Parliament.
The Council must publish the report once a copy has been so laid.
If section 118 comes into force after the beginning of a financial year, the first report may relate to a period beginning with the day on which that section comes into force and ending with the end of the next financial year.
Guidelines
In this Chapter “sentencing guidelines” means guidelines relating to the sentencing of offenders.
A sentencing guideline may be general in nature or limited to a particular offence, particular category of offence or particular category of offender.
The Council must prepare—
sentencing guidelines about the discharge of a court's duty under section 73 of the Sentencing Code (reduction in sentences for guilty pleas), and
sentencing guidelines about the application of any rule of law as to the totality of sentences.
The Council may prepare sentencing guidelines about any other matter.
But sentencing guidelines about pre-sentence reports may not include provision framed by reference to different personal characteristics of an offender.
Where the Council has prepared guidelines under subsection (3) or (4), it must publish them as draft guidelines.
The Council must consult the following persons about the draft guidelines—
the Lord Chancellor;
such persons as the Lord Chancellor may direct;
the Justice Select Committee of the House of Commons (or, if there ceases to be a committee of that name, such committee of the House of Commons as the Lord Chancellor directs);
such other persons as the Council considers appropriate.
In the case of guidelines within subsection (3), the Council must, after making any amendments of the guidelines which it considers appropriate —
seek the consent of the Lord Chief Justice and the Lord Chancellor to issue them as definitive guidelines, and
if such consent is given, issue them as definitive guidelines.
In any other case, the Council may, after making any amendments of the draft guidelines which it considers appropriate—
seek the consent of the Lord Chief Justice and the Lord Chancellor to issue them as definitive guidelines, and
if such consent is given , issue them as definitive guidelines.
The Lord Chief Justice and the Lord Chancellor must consider any request for consent under subsection (7) or (8) as soon as practicable after receiving the request.
The Lord Chief Justice or the Lord Chancellor may withhold consent under subsection (7) or (8) only if the Lord Chief Justice or (as the case may be) the Lord Chancellor considers that it is necessary to do so in order to maintain public confidence in the criminal justice system.
If the Lord Chief Justice or the Lord Chancellor decides to withhold consent under subsection (7) or (8), the Lord Chief Justice or (as the case may be) the Lord Chancellor must, as soon as practicable after making the decision, lay before Parliament a document stating the reason for the decision.
The Council may, from time to time, review the sentencing guidelines issued under this section, and may revise them.
Subsections (5), (6) and (8) to (8C) apply to a revision of the guidelines as they apply to their preparation (and subsection (8) applies even if the guidelines being revised are within subsection (3)).
When exercising functions under this section, the Council must have regard to the following matters—
the sentences imposed by courts in England and Wales for offences;
the need to promote consistency in sentencing;
the impact of sentencing decisions on victims of offences;
the need to promote public confidence in the criminal justice system;
the cost of different sentences and their relative effectiveness in preventing re-offending;
the results of the monitoring carried out under section 128.
For the purposes of this section—“personal characteristics” include, in particular—race; religion or belief; cultural background;“pre-sentence report” has the same meaning as in the Sentencing Code (see section 31 of the Code).
When exercising functions under section 120, the Council is to have regard to the desirability of sentencing guidelines which relate to a particular offence being structured in the way described in subsections (2) to (9).
The guidelines should, if reasonably practicable given the nature of the offence, describe, by reference to one or more of the factors mentioned in subsection (3), different categories of case involving the commission of the offence which illustrate in general terms the varying degrees of seriousness with which the offence may be committed.
Those factors are—
the offender's culpability in committing the offence;
the harm caused, or intended to be caused or which might foreseeably have been caused, by the offence;
such other factors as the Council considers to be particularly relevant to the seriousness of the offence in question.
The guidelines should—
specify the range of sentences (“the offence range”) which, in the opinion of the Council, it may be appropriate for a court to impose on an offender convicted of that offence, and
if the guidelines describe different categories of case in accordance with subsection (2), specify for each category the range of sentences (“the category range”) within the offence range which, in the opinion of the Council, it may be appropriate for a court to impose on an offender in a case which falls within the category.
The guidelines should also—
specify the sentencing starting point in the offence range, or
if the guidelines describe different categories of case in accordance with subsection (2), specify the sentencing starting point in the offence range for each of those categories.
The guidelines should—
(to the extent not already taken into account by categories of case described in accordance with subsection (2)) list any aggravating or mitigating factors which, by virtue of any enactment or other rule of law, the court is required to take into account when considering the seriousness of the offence and any other aggravating or mitigating factors which the Council considers are relevant to such a consideration,
list any other mitigating factors which the Council considers are relevant in mitigation of sentence for the offence, and
include criteria, and provide guidance, for determining the weight to be given to previous convictions of the offender and such of the other factors within paragraph (a) or (b) as the Council considers to be of particular significance in relation to the offence or the offender.
For the purposes of subsection (6)(b) the following are to be disregarded—
the requirements of section 73 of the Sentencing Code (reduction in sentences for guilty pleas);
sections 74, 387 and 388 of the Sentencing Code (assistance by defendants: reduction or review of sentence) and any other rule of law by virtue of which an offender may receive a discounted sentence in consequence of assistance given (or offered to be given) by the offender to the prosecutor or investigator of an offence;
any rule of law as to the totality of sentences.
The provision made in accordance with subsection (6)(c) should be framed in such manner as the Council considers most appropriate for the purpose of assisting the court, when sentencing an offender for the offence, to determine the appropriate sentence within the offence range.
The provision made in accordance with subsections (2) to (8) may be different for different circumstances or cases involving the offence.
The sentencing starting point in the offence range—
for a category of case described in the guidelines in accordance with subsection (2), is the sentence within that range which the Council considers to be the appropriate starting point for cases within that category—
before taking account of the factors mentioned in subsection (6), and
assuming the offender has pleaded not guilty, and
where the guidelines do not describe categories of case in accordance with subsection (2), is the sentence within that range which the Council considers to be the appropriate starting point for the offence—
before taking account of the factors mentioned in subsection (6), and
assuming the offender has pleaded not guilty.
In this Chapter “allocation guidelines” means guidelines relating to
decisions by a magistrates' court under section 19 of the Magistrates' Courts Act 1980 (c. 43) ... as to whether an offence is more suitable for summary trial or trial on indictment
decisions by the Crown Court as to whether to exercise the power in section 46ZA(1) of the Senior Courts Act 1981 or section 25A(2) of the Sentencing Code.
The Council may prepare allocation guidelines.
Where the Council has prepared guidelines under subsection (2), it must publish them as draft guidelines.
The Council must consult the following persons about the draft guidelines—
the Lord Chancellor;
such persons as the Lord Chancellor may direct;
the Justice Select Committee of the House of Commons (or, if there ceases to be a committee of that name, such committee of the House of Commons as the Lord Chancellor directs);
such other persons as the Council considers appropriate.
The Council may, after making any amendment of the draft guidelines which it considers appropriate —
seek the consent of the Lord Chief Justice and the Lord Chancellor to issue them as definitive guidelines, and
if such consent is given, issue the guidelines as definitive guidelines.
The Lord Chief Justice and the Lord Chancellor must consider any request for consent under subsection (5) as soon as practicable after receiving the request.
The Lord Chief Justice or the Lord Chancellor may withhold consent under subsection (5) only if the Lord Chief Justice or (as the case may be) the Lord Chancellor considers that it is necessary to do so in order to maintain public confidence in the criminal justice system.
If the Lord Chief Justice or the Lord Chancellor decides to withhold consent under subsection (5), the Lord Chief Justice or (as the case may be) the Lord Chancellor must, as soon as practicable after making the decision, lay before Parliament a document stating the reason for the decision.
The Council may, from time to time, review the allocation guidelines issued under this section, and may revise them.
Subsections (3) to (5C) apply to a revision of the guidelines as they apply to their preparation.
When exercising functions under this section, the Council must have regard to—
the need to promote consistency in decisions of the kind mentioned in subsection (1), and
the results of the monitoring carried out under section 128.
This section applies where the Council—
decides to prepare or revise sentencing guidelines or allocation guidelines, and
The Council may prepare or revise the guidelines without complying with—
in the case of sentencing guidelines, section 120(5), and
in the case of allocation guidelines, section 122(3).
The Council may—
The guidelines or revised guidelines must—
state that the Council was of the opinion mentioned in subsection (1)(b), and
give the Council's reasons for that opinion.
The Lord Chancellor may propose to the Council—
that sentencing guidelines be prepared or revised by the Council under section 120—
in relation to a particular offence, particular category of offence or particular category of offenders, or
in relation to a particular matter affecting sentencing;
that allocation guidelines be prepared or revised by the Council under section 122.
Subsection (3) applies where the criminal division of the Court of Appeal (“the appeal court”) is seised of an appeal against, or a reference under section 36 of the Criminal Justice Act 1988 (c. 33) (reviews of sentencing) with respect to, the sentence passed for an offence (“the relevant offence”).
The appeal court may propose to the Council that sentencing guidelines be prepared or revised by the Council under section 120—
in relation to the relevant offence, or
in relation to a category of offences within which the relevant offence falls.
A proposal under subsection (3) may be included in the appeal court's judgment in the appeal.
If the Council receives a proposal under subsection (1) or (3) to prepare or revise any guidelines, it must consider whether to do so.
For the purposes of this section, the appeal court is seised of an appeal against a sentence if—and the appeal has not been abandoned or disposed of.
the court or a single judge has granted leave to appeal against the sentence under section 9 or 10 of the Criminal Appeal Act 1968 (c. 19) (appeals against sentence), or
For the purposes of this section, the appeal court is seised of a reference under section 36 of the Criminal Justice Act 1988 (reviews of sentencing) if it has given leave under subsection (1) of that section and the reference has not been disposed of.
This section is without prejudice to any power of the appeal court to provide guidance relating to the sentencing of offenders in a judgment of the court.
Duties of the court
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Other functions of the Council
This section applies where the Council—
issues guidelines as definitive guidelines under either of those sections.
The Council must publish a resource assessment in respect of the guidelines.
A resource assessment in respect of any guidelines is an assessment by the Council of the likely effect of the guidelines on—
the resources required for the provision of prison places,
the resources required for probation provision, and
the resources required for the provision of youth justice services.
The resources assessment must be published—
in a case within subsection (1)(a), at the time of publication of the draft guidelines;
in a case within subsection (1)(b), at the time the guidelines are issued or, where the guidelines are issued by virtue of section 123, as soon as reasonably practicable after the guidelines are issued.
The Council must keep under review any resource assessment published under this section, and, if the assessment is found to be inaccurate in a material respect, publish a revised resource assessment.
The Council must—
monitor the operation and effect of its sentencing guidelines, and
consider what conclusions can be drawn from the information obtained by virtue of paragraph (a).
The Council must, in particular, discharge its duty under subsection (1)(a) with a view to drawing conclusions about—
the frequency with which, and extent to which, courts depart from sentencing guidelines;
the factors which influence the sentences imposed by courts;
the effect of the guidelines on the promotion of consistency in sentencing;
the effect of the guidelines on the promotion of public confidence in the criminal justice system.
When reporting on the exercise of its functions under this section in its annual report for a financial year, the Council must include—
a summary of the information obtained under subsection (1)(a), and
a report of any conclusions drawn by the Council under subsection (1)(b).
The Council must publish, at such intervals as it considers appropriate—
in relation to each local justice area, information regarding the sentencing practice of the magistrates' courts acting in that area, and
in relation to each location at which the Crown Court sits, information regarding the sentencing practice of the Crown Court when it sits at that location.
The Council may promote awareness of matters relating to the sentencing of offenders by courts in England and Wales, including, in particular—
the sentences imposed by courts in England and Wales;
the cost of different sentences and their relative effectiveness in preventing re-offending;
the operation and effect of guidelines under this Chapter.
For the purposes of subsection (2), the Council may, in particular, publish any information obtained or produced by it in connection with its functions under section 128(1).
The annual report for a financial year must contain a sentencing factors report.
A sentencing factors report is an assessment made by the Council, using the information available to it, of the effect which any changes in the sentencing practice of courts are having or are likely to have on each of the following—
the resources required for the provision of prison places;
the resources required for probation provision;
the resources required for the provision of youth justice services.
The annual report for a financial year must contain a non-sentencing factors report.
The Council may, at any other time, provide the Lord Chancellor with a non-sentencing factors report, and may publish that report.
A non-sentencing factors report is a report by the Council of any significant quantitative effect (or any significant change in quantitative effect) which non-sentencing factors are having or are likely to have on the resources needed or available for giving effect to sentences imposed by courts in England and Wales.
Non-sentencing factors are factors which do not relate to the sentencing practice of the courts, and include—
the recalling of persons to prison;
breaches of orders within subsection (5);
patterns of re-offending;
decisions or recommendations for release made by the Parole Board;
the early release under discretionary powers of persons detained in prison;
the remanding of persons in custody.
The orders within this subsection are—
community orders (within the meaning given by section 200 of the Sentencing Code),
suspended sentence orders (within the meaning given by section 286 of that Code), and
youth rehabilitation orders (within the meaning given by section 173 of that Code).
This section applies where the Lord Chancellor refers to the Council any government policy proposal, or government proposal for legislation, which the Lord Chancellor considers may have a significant effect on one or more of the following—
the resources required for the provision of prison places;
the resources required for probation provision;
the resources required for the provision of youth justice services.
For the purposes of subsection (1)—“government policy proposal” includes a policy proposal of the Welsh Ministers;“government proposal for legislation” includes a proposal of the Welsh Ministers for legislation.
The Council must assess the likely effect of the proposal on the matters mentioned in paragraphs (a) to (c) of subsection (1).
The Council must prepare a report of the assessment and send the report—
to the Lord Chancellor, and
if the report relates to a proposal of the Welsh Ministers, to the Welsh Ministers.
A single report may be prepared of the assessments relating to 2 or more proposals.
If the Lord Chancellor receives a report under subsection (4) the Lord Chancellor must, unless it relates only to a proposal of the Welsh Ministers, lay a copy of it before each House of Parliament.
If the Welsh Ministers receive a report under subsection (4) they must lay a copy of it before the National Assembly for Wales.
The Council must publish a report which has been laid in accordance with subsections (6) and (7).
In this section “legislation” means—
an Act of Parliament if, or to the extent that, it extends to England and Wales;
subordinate legislation made under an Act of Parliament if, or to the extent that, the subordinate legislation extends to England and Wales;
a Measure or Act of the National Assembly for Wales or subordinate legislation made under such a Measure or Act.
Lord Chancellor's functions
The Lord Chancellor may provide the Council with such assistance as it requests in connection with the performance of its functions.
In Schedule 7 to the Constitutional Reform Act 2005 (c. 4) (protected functions of the Lord Chancellor), in Part A of paragraph 4—
for the entry for the Criminal Justice Act 2003 (c. 44) substitute—, and
after the entry for the Tribunals, Courts and Enforcement Act 2007 (c. 15) insert—.
Miscellaneous and general
The following are abolished—
the Sentencing Guidelines Council;
the Sentencing Advisory Panel.
In this Chapter, except where the context otherwise requires—“allocation guidelines” has the meaning given by section 122;“annual report” means a report made under section 119;“the category range” has the meaning given by section 121(4)(b);“the Council” means the Sentencing Council for England and Wales;“definitive sentencing guidelines” means sentencing guidelines issued by the Council under section 120 as definitive guidelines, as revised by any subsequent guidelines so issued;“financial year” means a period of 12 months ending with 31 March;“the offence range” has the meaning given by section 121(4)(a);“prison”—includes any youth detention accommodation within the meaning of section 248(1) of the Sentencing Code (detention and training orders), but does not include any naval, military or air force prison;“probation provision” has the meaning given by section 2 of the Offender Management Act 2007 (c. 21);“sentence”, in relation to an offence, includes any order made by a court when dealing with the offender in respect of the offender's offence, and “sentencing” is to be construed accordingly;“sentencing guidelines” has the meaning given by section 120;“the sentencing starting point”, in relation to the offence range, has the meaning given by section 121(10);“youth justice services” has the meaning given by section 38(4) of the Crime and Disorder Act 1998 (c. 37).
Driving disqualification
Schedule 16 makes provision about the extension of disqualification for holding or obtaining a driving licence in certain circumstances.
Dangerous offenders
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Schedule 1 to the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)) (serious offences for purposes of Chapter 3 of Part 2 of that Order) is amended in accordance with subsections (2) to (4).
After paragraph 25 insert—
After paragraph 26 insert—
After paragraph 31 insert—
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Confiscation orders
The Criminal Appeal Act 1968 (c. 19) is amended in accordance with subsections (2) and (3).
In section 11 (supplementary provisions as to appeal against sentence), after subsection (3) insert—
After that section insert—
The Criminal Appeal (Northern Ireland) Act 1980 (c. 47) is amended in accordance with subsections (2) and (3).
In section 10 (supplementary provisions as to appeals against sentence), after subsection (3) insert—
After that section insert—
Miscellaneous criminal justice provisions
Part 3 of the Domestic Violence, Crime and Victims Act 2004 (c. 28) (victims etc) is amended as follows.
In section 48 (the Commissioner for Victims and Witnesses)—
omit subsections (3) to (5) (establishment of corporation sole, no Crown status etc), and
for subsection (6) substitute—
In section 49 (general functions of Commissioner)—
omit subsection (2)(d) (carrying out of research),
omit subsection (3)(b) (laying of reports before Parliament), and
at the end add—
Omit section 50(2) (advice to authorities within Commissioner's remit).
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Omit Schedule 8 (supplementary provision about the Commissioner for Victims and Witnesses).
Paragraph 1(1)(d) of Schedule 2 to the European Communities Act 1972 (c. 68) (limitation on penalty which can be imposed for a criminal offence) does not apply in relation to the exercise of the powers conferred by section 2(2) of that Act (implementation of EU obligations etc) for the purpose of implementing—
Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services in particular electronic commerce in the Internal Market (Directive on electronic commerce), or
Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market.
Where a statutory instrument includes provision by virtue of subsection (1)—
if paragraph 2 of Schedule 2 to the European Communities Act 1972 (c. 68) applies to the instrument, sub-paragraph (2) of that paragraph has effect as if it required a draft of the instrument to be approved by resolution of each House of Parliament or, in the case of an instrument made by the Scottish Ministers, of the Scottish Parliament;
if section 59(3) of the Government of Wales Act 2006 (c. 32) applies to the instrument, that provision has effect as if it required a draft of the instrument to be approved by resolution of the National Assembly for Wales.
Where a statutory rule to which paragraph 3 of Schedule 2 to the European Communities Act 1972 applies includes provision by virtue of subsection (1), that paragraph has effect as if it required a draft of the rule to be approved by resolution of the Northern Ireland Assembly.
Schedule 17 contains—
amendments relating to the treatment of criminal convictions imposed by courts outside England and Wales, and
amendments relating to the treatment of criminal convictions imposed by courts outside Northern Ireland.
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The Courts Act 2003 (c. 39) is amended as follows.
In section 55 (powers to retain articles surrendered or seized), after subsection (3) add—
After section 55 insert—
Schedule 3 to the Justice (Northern Ireland) Act 2004 (c. 4) (court security) is amended in accordance with subsections (2) to (4).
In paragraph 5 (power to retain articles surrendered or seized), after sub-paragraph (3) add—
After paragraph 5 insert—
In paragraph 6(2)(a), after “paragraph 5” insert “ or paragraph 5A ”.
In section 21(3) of the Justice (Northern Ireland) Act 2004 (c. 4) (orders and regulations subject to annulment in pursuance of resolution of either House of Parliament) after “1(4)” insert “ , 5A(5) ”.
The Lord Chancellor may, by order—
authorise or require the Lord Chancellor, or such other person as may be specified, to designate persons as security officers in relation to a specified description of tribunal buildings;
provide that Part 4 (other than section 51(1)) of the Courts Act 2003 (c. 39) (provisions relating to court security) applies in relation to a specified description of tribunal buildings and security officers designated in relation to tribunal buildings of that description as it applies to court buildings and court security officers, subject to such modifications as may be specified.
The provision which may be included in an order under subsection (1) by virtue of section 176 (power to make consequential provision etc) includes provision modifying any provision made by or under an Act (whenever passed or made).
In this section—“court building” has the meaning given by section 52(3) of the Courts Act 2003;“modify” includes amend, add to, repeal or revoke (and modification is to be construed accordingly);“specified” means specified by an order under subsection (1);“tribunal buildings” means any building, or part of a building, to which the public have access (other than a court building)—where the business of any tribunal mentioned in section 39(1) of the Tribunals, Courts and Enforcement Act 2007 (c. 15) is carried on, or where the business of any other tribunal designated by the Lord Chancellor, by order, is carried on.
Legal aid and other payments for legal services
Community Legal Service
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Criminal Defence Service
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General
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Regulation of certain agreements
The Courts and Legal Services Act 1990 (c. 41) is amended as follows.
After section 58A insert—
In section 120(4) (regulations and orders) after “58(4),” insert “ 58AA ”.
Criminal memoirs etc
Exploitation proceeds orders
A court may make an exploitation proceeds order in respect of a person if it is satisfied, on the balance of probabilities, that the person—
is a qualifying offender, and
has obtained exploitation proceeds from a relevant offence.
An exploitation proceeds order is an order which requires the respondent to pay an amount (“the recoverable amount”) in respect of exploitation proceeds obtained by the respondent from a relevant offence to the enforcement authority which applied for the order.
A person obtains exploitation proceeds from a relevant offence if the person derives a benefit from—
the exploitation of any material pertaining to the relevant offence, or
any steps taken or to be taken with a view to such exploitation.
An exploitation proceeds order must—
specify the recoverable amount, and
identify the benefits derived by the respondent in respect of which it is made.
If the recoverable amount required to be paid by the respondent under an exploitation proceeds order (or any part of that amount) is not paid when it is required to be paid, the respondent must pay interest at the appropriate rate on the recoverable amount (or part) for the period for which it remains unpaid.
Any sum received by an enforcement authority pursuant to an exploitation proceeds order (including any interest under subsection (6)) must be paid—
if the authority is the Scottish Ministers, into the Scottish Consolidated Fund;
in any other case, into the Consolidated Fund.
In this section—“appropriate rate” means—in the case of an exploitation proceeds order made by the High Court, the rate for the time being specified in section 17 of the Judgments Act 1838 (c. 110) (interest on civil judgment debts), or in the case of an exploitation proceeds order made by the Court of Session, the rate payable under a decree of the Court of Session;“court” means—in relation to England and Wales, the High Court in England and Wales; in relation to Scotland, the Court of Session; in relation to Northern Ireland, the High Court in Northern Ireland;“the respondent”, in relation to an exploitation proceeds order or an application for such an order, means the person against whom the order is made or sought.
In this Part “qualifying offender” means a person who is within subsection (2) or (3) (or both).
A person is within this subsection if (whether before or after the commencement of this Part) the person—
has been convicted by a court in the United Kingdom of an offence,
has been found not guilty by such a court of an offence by reason of insanity, or
has been acquitted by such a court of an offence by reason of the special defence set out in section 51A of the Criminal Procedure (Scotland) Act 1995 (c.46), or
has been found by such a court to be under a disability and to have done the act charged in respect of an offence.
A person is within this subsection if—
under the law in force in a country outside the United Kingdom (and whether before or after the commencement of this Part)—
the person has been convicted of a foreign offence,
a court exercising jurisdiction under that law has made, in respect of a foreign offence, a finding equivalent to a finding that the person was not guilty by reason of insanity, or
such a court has made, in respect of a foreign offence, a finding equivalent to a finding of the person's acquittal by reason of the special defence set out in section 51A of the Criminal Procedure (Scotland) Act 1995, or
such a court has made, in respect of a foreign offence, a finding equivalent to a finding that the person was under a disability and did the act charged in respect of the offence, and
the person—
is a United Kingdom national,
is resident in the United Kingdom, or
was resident in the United Kingdom at the time the act which constituted the offence was done.
In subsection (3)—“foreign offence” means an act which—constituted an offence under the law in force in the country concerned, at the time it was done, would have constituted an offence if it had been done in any part of the United Kingdom, and would constitute an offence if it were done in any part of the United Kingdom at the time the application for an exploitation proceeds order is made in respect of it;“United Kingdom national” means an individual who is—a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen, a person who under the British Nationality Act 1981 (c. 61) is a British subject, or a British protected person within the meaning of that Act.
For the purposes of subsection (4), conduct punishable under the law in force in a country outside the United Kingdom constitutes an offence under that law however it is described in that law.
In this section a reference to the doing of an act includes a reference to a failure to act.
In subsection (2) of section 156—
a reference to a person who has been convicted by a court in the United Kingdom of an offence includes a reference to a person who has been convicted of a UK service offence;
a reference to a finding by a court in the United Kingdom in relation to an offence includes a reference to a finding by a UK service court (wherever situated) in relation to a UK service offence.
In subsection (3) of that section—
a reference to a foreign offence includes a foreign service offence;
a reference to a person who has been convicted of a foreign offence includes a reference to a person who has been found guilty of a foreign service offence in respect of any act done which was the subject of proceedings under the service law of a country outside the United Kingdom;
a reference to a finding of a court exercising jurisdiction under the law in force in a country outside the United Kingdom includes a reference to a finding of—
a court established under the service law of that country, or
an authority of the country who under the law of the country is empowered to review the proceedings of such a court or to try or investigate charges brought against persons subject to the service law of that country.
For the purposes of subsection (1) the reference to a person who has been convicted of a UK service offence includes a person in respect of whom there has been—
under the Army Act 1955 (3 & 4 Eliz. 2 c. 18) or the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19), the recording of a finding that a charge in respect of the offence has been proved;
under the Naval Discipline Act 1957 (c. 53), a determination that a charge in respect of the offence has been proved, and the recording of a finding of guilt;
under the Armed Forces Act 2006 (c. 52), the recording of a finding that a charge in respect of the offence has been proved;
a substitution, by the Summary Appeal Court established under any of the Acts mentioned in paragraphs (a) to (c), of a finding that a charge in respect of the offence has been proved;
a substitution by the Courts-Martial Appeal Court or the Court Martial Appeal Court of a finding of guilty of the offence.
In this section—“foreign service offence” means an act which—was the subject of proceedings under the service law of a country outside the United Kingdom, at the time it was done, would have constituted an offence, or a UK service offence, if it had been done in any part of the United Kingdom by a member of Her Majesty's forces, and would constitute an offence or a UK service offence if it were done in any part of the United Kingdom by a member of Her Majesty's forces at the time the application for an exploitation proceeds order is made in respect of it;“Her Majesty's forces” has the same meaning as in the Armed Forces Act 2006;“service law”, in relation to a country outside the United Kingdom, means the law governing all or any of the naval, military or air forces of that country;“UK service offence” means an offence triable by a UK service court; and a reference to the doing of an act includes a reference to a failure to act.
In section 7 of the Rehabilitation of Offenders Act 1974 (c. 53) (limitations on rehabilitation under the 1974 Act, etc), in subsection (2), at the end add “or
In Article 8 of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27)) (limitations on rehabilitation under the 1978 Order etc), in paragraph (2), at the end add “or
For the purposes of this Part, the following provisions do not apply to a conviction for an offence in respect of which an order for an absolute or conditional discharge is made—
section 82(2) of the Sentencing Code (conviction with absolute or conditional discharge deemed not to be a conviction);
Article 6(1) of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) (conviction with absolute or conditional discharge deemed not to be a conviction);
section 187(1) of the Armed Forces Act 2006 (c. 52) (conviction with absolute or conditional discharge deemed not to be a conviction);
paragraph 5(1) of Schedule 5A to the Army Act 1955 (3 & 4 Eliz. 2 c. 18) or the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or Schedule 4A to the Naval Discipline Act 1957 (c. 53) (conviction with absolute or conditional discharge or community suspension order deemed not to be a conviction).
In this Part “relevant offence”, in relation to a person (“P”), means—
a serious offence by reason of which P is a qualifying offender,
a serious offence which was taken into consideration by a court in determining the sentence imposed on P for an offence by reason of which P is a qualifying offender, or
a serious offence committed by another person which is associated with—
an offence by reason of which P is a qualifying offender, or
an offence which was taken into consideration by a court in determining the sentence imposed on P for such an offence.
For this purpose an offence is “serious” if—
in the case of an offence under the law of England and Wales, it is an offence which, if committed by an adult, is triable only on indictment,
in the case of an offence under the law of Scotland, it is an offence triable only on indictment,
in the case of an offence under the law of Northern Ireland, it is an offence which, if committed by an adult, is triable only on indictment,
in the case of a foreign offence, the act constituting the offence—
at the time it was done, would have constituted an offence within paragraph (a), (b) or (c) if it had been done in any part of the United Kingdom, and
would also constitute such an offence if it were done in any part of the United Kingdom at the time the application for an exploitation proceeds order is made in respect of it.
Two offences are associated with one another if—
they were committed in the context of the same joint criminal venture, or
subsection (4) applies.
This subsection applies if one of the offences is—
an offence of inciting the commission of the other offence;
an offence of conspiring to commit the other offence;
an offence of soliciting (however expressed) the commission of the other offence;
an offence under section 4 of the Criminal Law Act 1967 (c. 58) (assisting the evasion of arrest and concealment) in relation to the other offence;
an offence of perverting the course of justice in connection with the other offence;
an offence under section 51 of the Criminal Justice and Public Order Act 1994 (c. 33) (intimidation of witnesses and jurors etc) in connection with the other offence.
In subsection (1)—
a reference to an offence includes a reference to a UK service offence and a foreign service offence, and
the reference to a court includes a reference to a UK service court or a court or authority of the kind mentioned in section 157(2)(c)(i) or (ii).
Subsection (2) does not apply in relation to a UK service offence or a foreign service offence, and for the purposes of subsection (1) such an offence is “serious” if—
in the case of a UK service offence—
the act constituting the offence is a serious offence within subsection (2)(a),
the act constituting the offence, if done in England and Wales, would be a serious offence within subsection (2)(a), or
the offence is within subsection (7);
in the case of a foreign service offence, the act constituting the offence—
at the time it was done, would have constituted a serious offence within subsection (2) or an offence within subsection (7) if it had been done in any part of the United Kingdom by a member of Her Majesty's forces, and
would also constitute such an offence if it were done in any part of the United Kingdom by a member of Her Majesty's forces at the time the application for an exploitation proceeds order is made in respect of it.
An offence is within this subsection if it is an offence under—
In subsection (4), the offences listed in paragraphs (a) to (g) include—
any corresponding offence triable by a court exercising jurisdiction in a country outside the United Kingdom,
the corresponding offences triable by a UK service court, and
any corresponding offence triable by any court or authority of the kind mentioned in section 157(2)(c)(i) or (ii).
In this section—“AA 1955” means the Army Act 1955 (3 & 4 Eliz. 2 c. 18);“act” includes a failure to act (and references to the doing of an act are to be read accordingly);“AFA 1955” means the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19);“AFA 2006” means the Armed Forces Act 2006 (c. 52);“foreign offence” has the same meaning as in section 156;“foreign service offence”, “Her Majesty's services” and “UK service offence” have the same meaning as in section 157;“NDA 1957” means the Naval Discipline Act 1957 (c. 53).
This section applies for the purposes of section 155(3).
The exploitation may be by any means, including—
the publication of any material in written or electronic form;
the use of any media from which visual images, words or sounds can be produced;
live entertainment, representation or interview.
A person (“A”) is to be regarded as having derived a benefit if A secures the benefit for another person (“B”) (whether or not A had any legal right to ensure the benefit was so secured or B had any legal entitlement to the benefit).
It does not matter whether the benefit is derived, or whether the exploitation (or any step taken or to be taken with a view to exploitation) takes place,—
within or outside the United Kingdom, or
before or after the person who committed the relevant offence is convicted of that offence.
But—
the benefit must be derived after the coming into force of section 155, and
where the relevant offence is an offence within section 159(1)(c), the associated offence committed by the respondent must have been committed before the benefit was derived.
A court may not make an exploitation proceeds order except on the application of an enforcement authority.
“Enforcement authority” means—
in relation to an application to the High Court in England and Wales or to the High Court in Northern Ireland—
the National Crime Agency, or
a person prescribed or of a description prescribed by order made by the Secretary of State;
in relation to an application to the Court of Session, the Scottish Ministers.
An enforcement authority (other than the Scottish Ministers) may make such an application only with the consent of—
in the case of an application to the High Court in England and Wales, the Attorney General;
in the case of an application to the High Court in Northern Ireland, the Advocate General for Northern Ireland.
The Secretary of State may by order make such modifications of any provision made by or under Part 8 of the Proceeds of Crime Act 2002 (c. 29) or any other enactment (whenever passed or made) as the Secretary of State considers appropriate in consequence of provision made by an order under subsection (2)(a)(ii).
In subsection (4) “modification” includes an amendment, addition, revocation or repeal.
In the application of this section to Northern Ireland, in subsections (2)(a)(ii) and (4) references to the Secretary of State are to be read as references to the Department of Justice in Northern Ireland.
Exercise of power to make orders
This section applies where the court to which an application for an exploitation proceeds order is made is satisfied as mentioned in section 155(1).
When determining whether to make an exploitation proceeds order in respect of any benefit, or the recoverable amount to be specified in such an order, the court—
must take account of the matters mentioned in subsection (3), and
may take account of such other matters as it considers relevant.
Those matters are—
the nature and purpose of the exploitation from which (or intended exploitation in connection with which) the respondent derived the benefit;
the degree to which the relevant material was (or was intended to be) integral to the activity or product and whether it was (or was intended to be) of central importance to the activity or product;
the extent to which the carrying out of the activity or supplying of the product is in the public interest;
the social, cultural or educational value of the activity or product;
the seriousness of the relevant offence to which the activity or product relates;
the extent to which any victim of the offence or the family of the victim is offended by the respondent obtaining exploitation proceeds from the relevant offence.
In subsection (3) references to “activity” or “product” are to the activity or product which constituted (or was intended to constitute) the exploitation from which, or in connection with which, the respondent derived the benefit.
“Relevant material” means the material—
which pertains to the relevant offence in relation to the respondent, and
by reason of the exploitation of which (or steps taken or to be taken with a view to the exploitation of which) the respondent has derived the benefit.
The recoverable amount specified in an order must not exceed whichever is the lesser of—
the total value of the benefits identified in the order under section 155(4)(b), and
the available amount.
The recoverable amount may be a nominal amount.
The benefits identified in the order—
may include any benefit derived by the respondent up to the time the court makes its determination;
must not include any benefit identified in a previous exploitation proceeds order made against the respondent;
must not include any benefit in respect of which an enforcement authority has no cause of action under this Part by virtue of section 27C of the Limitation Act 1980 (c. 58), Article 72C of the Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (N.I. 11)) or section 19D of the Prescription and Limitation (Scotland) Act 1973 (c. 52) (limitation period for exploitation proceeds orders).
The value of a benefit in kind derived by a person is the amount which, at the time that benefit was received, it would have cost that person to obtain the benefit in the open market less the total value of any consideration for that benefit provided by that person or, where that benefit was secured for another person, by that other person.
If a benefit in kind cannot be obtained in the open market, the court is to determine a value to attribute to that benefit that is just and reasonable, taking into account any similar benefits available in the open market.
In this section “the court” means the court making the exploitation proceeds order.
The available amount is the total of—
the value of the respondent's relevant assets,
to the extent that any benefits identified in the order are benefits secured for a person other than the respondent, the value of those benefits, and
the value (at the time the exploitation proceeds order is made) of such relevant gifts (if any) as the court considering making the exploitation proceeds order considers it just and reasonable to take account of in determining the available amount.
The value of the respondent's relevant assets is the total of the values (at the time the exploitation proceeds order is made) of all the free property then held by the respondent, reduced by the total amount payable in pursuance of obligations which then have priority.
Property is free unless an order or notice (as the case may be) is in force in respect of it under any of these provisions—
section 27 of the Misuse of Drugs Act 1971 (c. 38) (forfeiture orders);
Article 11 of the Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15)) (deprivation orders);
Part 2 of the Proceeds of Crime (Scotland) Act 1995 (c. 43) (forfeiture of property used in crime);
section 143 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) or Chapter 4 of Part 7 of the Sentencing Code (deprivation orders);
section 297A of the Proceeds of Crime Act 2002 (c. 29) (forfeiture notices).
An obligation has priority if it is an obligation of the respondent—
to pay an amount due in respect of a fine or other order of a court which was imposed or made on conviction of an offence and at any time before the time the exploitation proceeds order is made, or
to pay a sum which would be included among the preferential debts (or preferred debts) if the respondent's bankruptcy (or sequestration) had commenced on the date of the exploitation proceeds order or the respondent's winding up had been ordered on that date.
If the respondent transfers property to another person for a consideration the value of which is significantly less than the value of the property at the time of the transfer, the respondent is to be treated as making a gift of the difference in value between the value of the property transferred and the consideration given in respect of it.
In this section—“preferential debts” has the meaning given by section 386 of the Insolvency Act 1986 (c. 45);“preferred debts” has the meaning given by section 129(2) of the Bankruptcy (Scotland) Act 2016;“relevant gift”, in relation to an exploitation proceeds order, means a gift made by the respondent on or after the day on which the respondent first derived any of the benefits identified in the order under section 155(4)(b).
This section applies for the purposes of this Part.
Property is all property wherever situated and includes—
money;
all forms of real, corporeal or personal property;
things in action and other intangible or incorporeal property.
The following rules apply in relation to property—
property is held by a person if the person holds an interest in it;
property is transferred by one person to another if the first one transfers or grants an interest in it to the second;
references to property held by a person include references to property vested in the person's trustee in bankruptcy, trustee or interim trustee in a sequestration of the person’s estate under the Bankruptcy (Scotland) Act 2016 or liquidator;
references to an interest, in relation to land in England and Wales or Northern Ireland, are to any legal estate or equitable interest or power;
references to an interest, in relation to land in Scotland, are to any interest, servitude or other right in or over land, including a heritable security;
references to an interest, in relation to property other than land, include references to a right (including a right in possession).
Where property is held jointly the court considering making the exploitation proceeds order must determine such value as it considers just and reasonable to attribute to the person's interest in that property for the purposes of section 164.
Additional powers
Where an exploitation proceeds order has been made in respect of exploitation proceeds obtained by the respondent from a relevant offence, the order ceases to have effect if—
the relevant offence is within paragraph (a) of section 159(1) and the respondent's conviction for it is subsequently quashed, or
the relevant offence is within paragraph (b) or (c) of that section and the respondent's conviction for the offence (or, if more than one, all of the offences) by virtue of which the relevant offence is within either of those paragraphs is (or are) subsequently quashed.
Where an exploitation proceeds order has been made in respect of exploitation proceeds obtained by the respondent from 2 or more relevant offences, the order ceases to have effect if paragraph (a) or (b) of subsection (1) applies in relation to each of those offences.
Where an exploitation proceeds order ceases to have effect under subsection (1) or (2), the court must, on the application of the respondent (or the respondent's personal representative), order the Secretary of State to repay to the respondent (or the personal representative) the recovered amount.
Subsection (5) applies where an exploitation proceeds order has been made if—
where the order was made in respect of exploitation proceeds obtained by the respondent from 2 or more relevant offences, paragraph (a) or (b) of subsection (1) applies in relation to one or more, but not all, of those offences, or
where the order was made in respect of exploitation proceeds obtained by the respondent from a relevant offence within section 159(1)(c) (whether alone or together with other relevant offences), another person has been convicted of that offence and that conviction is subsequently quashed.
On the application of the respondent (or the respondent's personal representative), the court may—
determine that the exploitation proceeds order is to cease to have effect, or
reduce the recoverable amount by such amount (if any) as it considers just and reasonable.
Where the exploitation proceeds order ceases to have effect under subsection (5)(a), the court must order the Secretary of State to repay to the respondent (or the respondent's personal representative) the recovered amount.
Where the court reduces the recoverable amount under subsection (5)(b), if the recovered amount exceeds the reduced recoverable amount, the court must order the Secretary of State to repay to the respondent (or the respondent's personal representative) that excess.
An order under subsection (3), (6) or (7) for the repayment of a sum must also order the Secretary of State to pay to the recipient interest on that sum, at a rate determined by the court, for the period which—
begins with the day on which the respondent made the payment in accordance with the exploitation proceeds order, and
ends with the day before the day on which that sum is repaid to the respondent or the respondent's personal representative.
In the case of an exploitation proceeds order made on the application of the Scottish Ministers—
references in this section to the Secretary of State are to be read as references to the Scottish Ministers, and
the reference in subsection (8) to a rate determined by the court is to read as a reference to a rate set by rules of court.
In the case of an exploitation proceeds order made in Northern Ireland on the application of an enforcement authority other than the National Crime Agency, references in this section to the Secretary of State are to be read as references to the Department of Justice in Northern Ireland.
In this section—
any reference to a conviction for an offence being quashed includes a reference to—
the reversal or setting aside of a conviction;
a finding of the kind mentioned in section 156(3)(a)(ii) or (iii) being quashed;
a finding of the kind mentioned in section 157(2)(b) or (3) being quashed, set aside, reversed or replaced with a verdict of acquittal.
In this section—“the court” means the court which made the exploitation proceeds order;“personal representative” means—in relation to England and Wales, a person who is a personal representative within the meaning of section 55(1) of the Administration of Estates Act 1925 (c. 23), in relation to Scotland, an executor confirmed to the estate of the respondent, in relation to Northern Ireland, a person who is one of the personal representatives within the meaning of the Administration of Estates Act (Northern Ireland) 1955 (c. 24), or any person having, in relation to the respondent, under the law of another country any functions corresponding to the functions of a person falling within paragraph (a), (b) or (c);“the recovered amount”, in relation to an exploitation proceeds order, means the amount (if any) paid by the respondent to an enforcement authority in accordance with the order, reduced by any amount already repaid under subsection (7) and disregarding any interest paid under section 155(6).
This section applies if—
a court makes an exploitation proceeds order (“the earlier order”) in respect of a person, and
an application (“the later application”) is then made to the court for another exploitation proceeds order in respect of the same person.
The court may, for the purposes of the later application, adopt any finding of fact made by the court in connection with the earlier order.
Subsection (4) applies where, on the later application, the court is satisfied as mentioned in section 155(1).
If, or to the extent that, the earlier order was in respect of benefits derived from the same source as the benefits to which the later application relates, the court must when making a determination under section 162 in relation to the later application, have regard to any determination made by it under that section in connection with the earlier order.
For the purposes of subsection (4) benefits are from the same source if they consist of benefits derived by the respondent from (or from steps taken or to be taken with a view to) the same exploitation of material related to the same relevant offence.
A court making an exploitation proceeds order may also make an additional proceeds reporting order in respect of the respondent.
But it may do so only if it is satisfied that the likelihood of the respondent obtaining further exploitation proceeds from a relevant offence is sufficiently high to justify the making of an additional proceeds reporting order.
An additional proceeds reporting order—
comes into force when it is made, and
has effect for the period specified in the order, beginning with the date on which it is made.
The period specified under subsection (3) must not exceed 20 years.
The person to whom reports are made under an additional proceeds reporting order may disclose a report to an enforcement authority for the purposes of—
an exploitation proceeds investigation (within the meaning of section 341(5) of the Proceeds of Crime Act 2002 (c. 29)), or
the making or pursuing of an application for, or the enforcement of, an exploitation proceeds order or an additional proceeds reporting order.
Investigations
Part 8 of the Proceeds of Crime Act 2002 (c. 29) (investigations) is amended in accordance with Schedule 19.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Limitation
After section 27B of the Limitation Act 1980 (c. 58) insert—
After Article 72B of the Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (N.I. 11)) insert—
After section 19C of the Prescription and Limitation (Scotland) Act 1973 (c. 52) insert—
Interpretation
In this Part—“benefit” means a direct or indirect benefit of any nature (pecuniary or non-pecuniary);“enactment” includes an enactment contained in, or an instrument made under, Northern Ireland legislation;“enforcement authority” has the meaning given by section 161(2);“material” means any information, opinion, image or other thing;“qualifying offender” has the meaning given by section 156;“recoverable amount” has the meaning given by section 155;“relevant offence” has the meaning given by section 159;“the respondent” has the meaning given by section 155;“UK service court” means—a court-martial constituted under the Army Act 1955 (3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or the Naval Discipline Act 1957 (c. 53) or the Court Martial established by the Armed Forces Act 2006 (c. 52); a Standing Civilian Court established under the Armed Forces Act 1976 (c. 52) or the Service Civilian Court established by the Armed Forces Act 2006; the Courts-Martial Appeal Court or the Court Martial Appeal Court.
Data Protection Act 1998
After section 41 of the Data Protection Act 1998 (c. 29) insert—
After section 52 of the Data Protection Act 1998 (c. 29) insert—
In section 51 of the Data Protection Act 1998 (c. 29) (general duties of Commissioner), after subsection (5) insert—
Schedule 20 contains further amendments of the Data Protection Act 1998 (c. 29).
General
Orders or regulations made by the Secretary of State, the Lord Chancellor, the Welsh Ministers or the Chief Coroner under this Act are to be made by statutory instrument.
The Statutory Instruments Act 1946 (c. 36) applies in relation to the power of the Chief Coroner under section 37 to make regulations as if the Chief Coroner were a Minister of the Crown.
Any power of the Department of Justice in Northern Ireland to make an order under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
Any power conferred by this Act to make orders, regulations or rules includes power—
to make provision generally or only for specified purposes, cases, circumstances or areas;
to make different provision for different purposes, cases, circumstances or areas;
to make incidental, supplementary, consequential, transitional, transitory or saving provision.
A statutory instrument containing an order or regulations under this Act is subject to negative resolution procedure unless it is—
an instrument within subsection (5), or
an instrument containing an order under section 182 only.
A statutory instrument containing (whether alone or with other provision)—is subject to affirmative resolution procedure.
regulations under section 20(5) setting a fee for the first time or increasing the fee by more than is necessary to reflect changes in the value of money,
an order under section 40(6),
an order under section 161(2)(a)(ii) or (4),
an order under section 177 which contains provision amending or repealing any provision of an Act, or
an order under paragraph 34 or 35 of Schedule 22.
In this section—“affirmative resolution procedure” means—in relation to any statutory instrument made by the Secretary of State or the Lord Chancellor, a requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament; in relation to any statutory instrument made by the Welsh Ministers, a requirement that a draft of the instrument be laid before, and approved by a resolution of, the National Assembly for Wales;“negative resolution procedure” means—in relation to any statutory instrument made by the Secretary of State, Lord Chancellor or Chief Coroner, annulment in pursuance of a resolution of either House of Parliament; in relation to any statutory instrument made by the Welsh Ministers, annulment in pursuance of a resolution of the National Assembly for Wales.
No order may be made under this Act by the Department of Justice in Northern Ireland unless a draft of the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (7) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.
Subsection (7) does not apply to the making by the Department of Justice of—and an order within paragraph (a) above made by the Department of Justice is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).
an order under section 177 which does not contain any provision amending or repealing any provision of an Act;
an order under section 182;
Schedule 21 contains minor and consequential amendments.
Schedule 22 contains transitional, transitory and saving provisions.
An appropriate minister may by order make—as the appropriate minister considers appropriate for the general purposes, or any particular purposes, of this Act, or in consequence of, or for giving full effect to, any provision made by this Act.
such supplementary, incidental or consequential provision, or
such transitory, transitional or saving provision,
In relation to the making of provision that could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998), in subsection (3) references to the appropriate minister are to be read as references to the Department of Justice in Northern Ireland.
An order under subsection (3) may, in particular—
provide for any amendment or other provision made by this Act which comes into force before any other provision (whether made by this or any other Act or by any subordinate legislation) has come into force to have effect, until that other provision has come into force, with specified modifications, and
modify any provision of—
any Act (including this Act and any Act passed in the same session as this Act);
subordinate legislation made before the passing of this Act;
Northern Ireland legislation passed, or made, before the passing of this Act;
any instrument made, before the passing of this Act, under Northern Ireland legislation.
The modifications that may be made by virtue of subsection (4)(b) are in addition to those made by, or which may be made under, any other provision of this Act.
Her Majesty may by Order in Council extend any provision made by virtue of subsection (4)(b), with such modifications as may appear to Her Majesty to be appropriate, to the Isle of Man or any British overseas territory.
The power under subsection (7) includes power to make supplementary, incidental, consequential, transitory, transitional or saving provision.
Subsection (7) does not apply in relation to amendments of the Armed Forces Act 2006 (c. 52).
In this section—“appropriate minister” means the Secretary of State or the Lord Chancellor;“modify” includes amend, repeal and revoke, and modification is to be construed accordingly;“subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).
Schedule 23 contains repeals (including repeals of spent provisions).
The following are to be paid out of money provided by Parliament—
any expenditure incurred by a Minister of the Crown under or by virtue of this Act;
any increase attributable to this Act in the sums payable out of money so provided under any other Act.
In this section “relevant criminal justice provisions” means provisions of, or made under, an Act which—
relate to criminal justice, and
are applied (with or without modifications) for any purposes of service law by any provision of, or made under, any Act.
Unless the contrary intention appears, any amendment by this Act of relevant criminal justice provisions also amends those provisions as so applied.
In this section “service law” means—
the system of service law established by the Armed Forces Act 2006, or
any of the systems of service law superseded by that Act (namely, military law, air force law and the Naval Discipline Act 1957 (c. 53)).
Subject to the following provisions of this section and any other provision of this Act, this Act extends to England and Wales only.
The following provisions extend to England and Wales, Scotland and Northern Ireland—
section 84;
the service courts provisions of Chapter 2 of Part 3;
section 143;
paragraph 4 of Schedule 1;
paragraphs 8, 15, 29, 42 and 45 of Schedule 22.
The following provisions extend to England and Wales and Northern Ireland—
section 67(3);
section 71;
section 73;
Chapter 1 of Part 3 (except section 84);
Chapter 2 of that Part, and paragraphs 16 and 17 of Schedule 22, (subject to subsection (2)(b));
paragraphs 7, 12(2), 39, 40 and 41 of Schedule 22.
The following provisions extend to Northern Ireland only—
section 67(2);
paragraphs 11, 38 and 44(2) of Schedule 22.
Paragraphs 34 and 35 of Schedule 22 extend to England and Wales and Scotland, and paragraph 36 of that Schedule extends to Scotland only.
Except as otherwise provided by this Act, an amendment, repeal or revocation of any enactment by any provision of this Act extends to the part or parts of the United Kingdom to which the enactment extends.
In section 338(1) of the Criminal Justice Act 2003 (c. 44) (power to extend the provisions of that Act to the Channel Islands etc) the reference to that Act includes a reference to that Act as amended by any provision of this Act.
In section 384 of the Armed Forces Act 2006 (c. 52) (extent to Channel Islands, Isle of Man etc) any reference to that Act includes a reference to—
that Act as amended by or under any provision of this Act;
section 84;
the service courts provisions of Chapter 2 of Part 3;
section 180.
The following provisions come into force on the day on which this Act is passed—
section 116;
section 143;
section 154;
Schedule 18;
in Part 3, the repeals relating to the Administration of Justice (Miscellaneous Provisions) Act 1933 (c. 36) and the Supreme Court Act 1981 (c. 54),
in Part 4, the repeals in the Criminal Justice and Immigration Act 2008 (c. 4),
in Part 5, the repeal of section 8(6) of the Animal Welfare Act 2006 (c. 45),
Part 9,
The following provisions come into force at the end of the period of 2 months beginning with the day on which this Act is passed—
section 73;
section 138;
Libel Act 1792 (c. 60),
Criminal Libel Act 1819 (60 Geo. 3 & 1 Geo. 4 c. 8),
Libel Act 1843 (c. 96),
Newspaper Libel and Registration Act 1881 (c. 60),
Law of Libel Amendment Act 1888 (c. 64),
Defamation Act 1952 (c. 66),
Theatres Act 1968 (c. 54),
Broadcasting Act 1990 (c. 42),
Criminal Procedure and Investigations Act 1996 (c. 25),
Defamation Act 1996 (c. 31), and
Legal Deposit Libraries Act 2003 (c. 28),
The following provisions come into force on 1 January 2010—
Chapter 2 of Part 3;
The following provisions come into force on such day as the Lord Chancellor may by order appoint—
Chapter 1 of Part 4;
the repeals in Part 1,
the repeals in Part 4 (other than those relating to the Criminal Procedure (Scotland) Act 1995 (c. 46) and the Criminal Justice and Immigration Act 2008 (c. 4)), and
The other provisions of this Act come into force on such day as the Secretary of State may by order appoint.
The power to make provision by order under subsection (4) or (5) is exercisable by the Department of Justice in Northern Ireland (and not by the Lord Chancellor or the Secretary of State) so far as it may be used to make provision which could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998).
Before making an order under subsection (4) or (5) bringing into force any provision for the purposes of the law of Northern Ireland, the Lord Chancellor or the Secretary of State must consult the Department of Justice.
This Act may be cited as the Coroners and Justice Act 2009.
Duty or power to suspend or resume investigations
Suspension of investigations
Suspension where certain criminal charges may be brought
A senior coroner must suspend an investigation under this Part of this Act into a person's death in the following cases.
The first case is where a prosecuting authority requests the coroner to suspend the investigation on the ground that a person may be charged with—
a homicide offence involving the death of the deceased, or
an offence (other than a service offence) that is alleged to be a related offence.
The second case is where a Provost Marshal of a service police force, the Provost Marshal for serious crime or the Director of Service Prosecutions requests the coroner to suspend the investigation on the ground that a person may be charged with—
the service equivalent of a homicide offence involving the death of the deceased, or
a service offence that is alleged to be a related offence.
Subject to paragraphs 2 and 3, a suspension of an investigation under this paragraph must be for—
a period of 28 days beginning with the day on which the suspension first takes effect, or
whatever longer period (beginning with that day) the coroner specifies.
The period referred to in sub-paragraph (4) may be extended or further extended—
in the first case, at the request of the authority by which the suspension was originally requested;
in the second case, at the request of—
the Provost Marshal by whom the suspension was originally requested, or
the Director of Service Prosecutions.
In this Act—“homicide offence” means—murder, manslaughter, corporate manslaughter or infanticide; an offence under any of the following provisions of the Road Traffic Act 1988 (c. 52)—section 1 (causing death by dangerous driving); section 2B (causing death by careless, or inconsiderate, driving); section 3ZB (causing death by driving: unlicensed ... or uninsured drivers); section 3ZC (causing death by driving: disqualified drivers); section 3A (causing death by careless driving when under the influence of drink or drugs); an offence under section 2(1) of the Suicide Act 1961 (c. 60) (encouraging or assisting suicide); an offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (c. 28) of causing or allowing the death of a child or vulnerable adult;“related offence” means an offence (including a service offence) that—involves the death of the deceased, but is not a homicide offence or the service equivalent of a homicide offence, or involves the death of a person other than the deceased (whether or not it is a homicide offence or the service equivalent of a homicide offence) and is committed in circumstances connected with the death of the deceased;“the service equivalent of a homicide offence” means an offence under section 42 of the Armed Forces Act 2006 (c. 52) (or section 70 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18), section 70 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or section 42 of the Naval Discipline Act 1957 (c. 53)) corresponding to a homicide offence.
Suspension where certain criminal proceedings are brought
Subject to sub-paragraph (6), a senior coroner must suspend an investigation under this Part of this Act into a person's death in the following cases.
The first case is where the coroner—
becomes aware that a person has appeared or been brought before a magistrates' court charged with a homicide offence involving the death of the deceased, or
becomes aware that a person has been charged on an indictment with such an offence without having appeared or been brought before a magistrates' court charged with it.
The second case is where the coroner becomes aware that a person has been charged with the service equivalent of a homicide offence involving the death of the deceased.
The third case is where a prosecuting authority informs the coroner that a person—and the prosecuting authority requests the coroner to suspend the investigation.
has appeared or been brought before a magistrates' court charged with an offence (other than a service offence) that is alleged to be a related offence, or
has been charged on an indictment with such an offence without having been sent for trial for it,
The fourth case is where the Director of Service Prosecutions informs the coroner that a person has been charged with a service offence that is alleged to be a related offence, and the Director requests the coroner to suspend the investigation.
The coroner need not suspend the investigation—
in the first case, if a prosecuting authority informs the coroner that it has no objection to the investigation continuing;
in the second case, if the Director of Service Prosecutions informs the coroner that he or she has no objection to the investigation continuing;
in any case, if the coroner thinks that there is an exceptional reason for not suspending the investigation.
In the case of an investigation that is already suspended under paragraph 1—
a suspension imposed by virtue of sub-paragraph (2) of that paragraph comes to an end if, in reliance of sub-paragraph (6)(a) above, the coroner decides not to suspend the investigation;
a suspension imposed by virtue of sub-paragraph (3) of that paragraph comes to an end if, in reliance on sub-paragraph (6)(b) above, the coroner decides not to suspend the investigation;
a reference above in this paragraph to suspending an investigation is to be read as a reference to continuing the suspension of an investigation;
if the suspension of the investigation is continued under this paragraph, the investigation is to be treated for the purposes of paragraphs 1(4), 7 and 8 of this Schedule as suspended under this paragraph (and not as suspended under paragraph 1).
Suspension pending inquiry under Inquiries Act 2005
Subject to sub-paragraph (2), a senior coroner must suspend an investigation under this Part of this Act into a person's death if—In paragraph (b) “senior judge” means a judge of the High Court or the Court of Appeal or a Justice of the Supreme Court.
the Lord Chancellor requests the coroner to do so on the ground that the cause of death is likely to be adequately investigated by an inquiry under the Inquiries Act 2005 (c. 12) that is being or is to be held,
a senior judge has been appointed under that Act as chairman of the inquiry, and
the Lord Chief Justice has indicated approval to the Lord Chancellor, for the purposes of this paragraph, of the appointment of that judge.
The coroner need not suspend the investigation if there appears to be an exceptional reason for not doing so.
In the case of an investigation that is already suspended under paragraph 1—
a reference above in this paragraph to suspending the investigation is to be read as a reference to continuing the suspension of the investigation;
if the suspension of the investigation is continued under this paragraph, the investigation is to be treated for the purposes of paragraphs 1(4), 7 and 9 of this Schedule as suspended under this paragraph (and not as suspended under paragraph 1).
This paragraph applies where an investigation is suspended under paragraph 3 on the basis that the cause of death is likely to be adequately investigated by an inquiry under the Inquiries Act 2005 (c. 12).
General power to suspend
A senior coroner may suspend an investigation under this Part of this Act into a person's death in any case if it appears to the coroner that it would be appropriate to do so.
Effect of suspension
Where an investigation is suspended under this Schedule, the senior coroner must adjourn any inquest that is being held as part of the investigation.
Where an inquest held with a jury is adjourned under this paragraph, the senior coroner may discharge the jury.
Resumption of investigations
Resumption of investigation suspended under paragraph 1
An investigation that is suspended under paragraph 1 must be resumed once the period under sub-paragraph (4) of that paragraph, or as the case may be the extended period under sub-paragraph (5) of that paragraph, has ended.
Resumption of investigation suspended under paragraph 2
An investigation that is suspended under paragraph 2 may not be resumed unless, but must be resumed if, the senior coroner thinks that there is sufficient reason for resuming it.
Subject to sub-paragraph (3)—
an investigation that is suspended under paragraph 2 may not be resumed while proceedings are continuing before the court of trial in respect of a homicide offence, or the service equivalent of a homicide offence, involving the death of the deceased;
an investigation that is suspended by virtue of sub-paragraph (4) or (5) of that paragraph may not be resumed while proceedings are continuing before the court of trial in respect of the offence referred to in that sub-paragraph.
The investigation may be resumed while the proceedings in question are continuing if—
in the case of an investigation suspended by virtue of sub-paragraph (2) or (4) of paragraph 2, the relevant prosecuting authority informs the coroner that it has no objection to the investigation being resumed;
in the case of an investigation suspended by virtue of sub-paragraph (3) or (5) of that paragraph, the Director of Service Prosecutions informs the coroner that he or she has no objection to the investigation being resumed.
For the purposes of sub-paragraph (3)(a), the relevant prosecuting authority—
in the case of an investigation suspended by virtue of sub-paragraph (2) of paragraph 2, is the prosecuting authority responsible for the prosecution in question;
in the case of an investigation suspended by virtue of sub-paragraph (4) of that paragraph, is the prosecuting authority that made the request under that sub-paragraph.
In the case of an investigation resumed under this paragraph, a determination under section 10(1)(a) may not be inconsistent with the outcome of—
the proceedings in respect of the charge (or each charge) by reason of which the investigation was suspended;
any proceedings that, by reason of sub-paragraph (2), had to be concluded before the investigation could be resumed.
Resumption of investigation suspended under paragraph 3
Where an investigation is suspended under paragraph 3—
it may not be resumed unless, but must be resumed if, the senior coroner thinks that there is sufficient reason for resuming it;
it may not be resumed before the end of the period of 28 days beginning with the relevant day;
where sub-paragraph (4), (6), (8) or (10) applies, it may be resumed only in accordance with that sub-paragraph (and not before the end of the 28-day period mentioned in paragraph (b)).
In sub-paragraph (1)(b) “the relevant day” means—
if the Lord Chancellor gives the coroner notification under this paragraph, the day on which the inquiry concerned is concluded;
otherwise, the day on which the findings of that inquiry are published.
Sub-paragraph (4) applies where, during the suspension of the investigation, the coroner—
becomes aware that a person has appeared or been brought before a magistrates' court charged with a homicide offence involving the death of the deceased, or
becomes aware that a person has been charged on an indictment with such an offence without having appeared or been brought before a magistrates' court charged with it.
The coroner must not resume the investigation until after the conclusion of proceedings before the court of trial in respect of the offence in question, unless a prosecuting authority informs the coroner that it has no objection to the investigation being resumed before then.
Sub-paragraph (6) applies where, during the suspension of the investigation, the coroner becomes aware that a person has been charged with the service equivalent of a homicide offence involving the death of the deceased.
The coroner must not resume the investigation until after the conclusion of proceedings before the court of trial in respect of the offence in question, unless the Director of Service Prosecutions informs the coroner that he or she has no objection to the investigation being resumed before then.
Sub-paragraph (8) applies where, during the suspension of the investigation, a prosecuting authority informs the senior coroner that a person—
has appeared or been brought before a magistrates' court charged with an offence (other than a service offence) that is alleged to be a related offence, or
has been charged on an indictment with such an offence without having been sent for trial for it.
If the prosecuting authority requests the coroner not to resume the investigation until after the conclusion of proceedings before the court of trial in respect of the offence in question, the coroner must not do so.
Sub-paragraph (10) applies where the Director of Service Prosecutions informs the coroner that a person has been charged with a service offence that is alleged to be a related offence.
If the Director of Service Prosecutions requests the coroner not to resume the investigation until after the conclusion of proceedings before the court of trial in respect of the offence in question, the coroner must not do so.
In the case of an investigation resumed under this paragraph, a determination under section 10(1)(a) may not be inconsistent with the outcome of—
the inquiry under the Inquiries Act 2005 (c. 12) by reason of which the investigation was suspended;
any proceedings that, by reason of sub-paragraph (4), (6), (8) or (10), had to be concluded before the investigation could be resumed.
Resumption of investigation suspended under paragraph 5
An investigation that is suspended under paragraph 5 may be resumed at any time if the senior coroner thinks that there is sufficient reason for resuming it.
Supplemental
Where an investigation is resumed under this Schedule, the senior coroner must resume any inquest that was adjourned under paragraph 6.
Sub-paragraphs (3) and (4) apply, in place of section 7, to an inquest that is resumed under this paragraph.
The resumed inquest may be held with a jury if the senior coroner thinks that there is sufficient reason for it to be held with one.
Where the adjourned inquest was held with a jury and the senior coroner decides to hold the resumed inquest with a jury—
if at least seven persons who were members of the original jury are available to serve at the resumed inquest, the resumed inquest must be held with a jury consisting of those persons;
if not, or if the original jury was discharged under paragraph 6(2), a new jury must be summoned.
Where an inquest is resumed under this paragraph without a jury (whether or not it had one before the adjournment), the senior coroner must consider, in accordance with section 9C, whether the resumed inquest is to be held at a hearing or in writing.
Investigations and inquests into Troubles-related deaths
This paragraph applies to an investigation into a death that resulted directly from the Troubles if, on 1 May 2024, a senior coroner was under a duty to conduct the investigation unless, on that day, the only part of the investigation that remains to be carried out is the coroner or any jury making the determination and any findings required by section 10, or something subsequent to that.
On and after that day a coroner must not progress the conduct of—
the investigation, or
the inquest.
As soon as practicable on or after that day, the senior coroner who is responsible for conducting the investigation must discontinue—
the investigation, and
the inquest, including by discharging any jury that has been summoned.
Any enactment which requires a senior coroner to conduct an investigation or hold an inquest is subject to this paragraph.
This paragraph applies on and after the day on which paragraph 1(2) of Schedule 11 to the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 comes into force.
The duty under section 1(1) is not to begin to apply to a senior coroner in respect of a death that resulted directly from the Troubles.
A senior coroner (A) must not make a request under section 2 for another senior coroner (B) to conduct an investigation into a death that resulted directly from the Troubles; and B must not agree to such a request.
For the purposes of this Schedule a death “resulted directly from the Troubles” if—
the death was wholly caused by physical injuries or physical illness, or a combination of both, that resulted directly from of an act of violence or force, and
the act of violence or force was conduct forming part of the Troubles.
In this paragraph “conduct forming part of the Troubles” has the same meaning as in the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (see section 1 of that Act).
In this Schedule—“inquest” means the inquest that forms part of an investigation;“investigation” means an investigation under this Part.
Coroner areas
Coroner areas
England and Wales is to be divided into areas to be known as coroner areas.
Each coroner area is to consist of the area of a local authority or the combined areas of two or more local authorities.
Subject to paragraph 2—
the coroner areas are to be those specified in an order made by the Lord Chancellor;
each coroner area is to be known by whatever name is specified in the order.
Before making an order under this paragraph, the Lord Chancellor must consult—
every local authority,
the Welsh Ministers, and
any other persons the Lord Chancellor thinks appropriate.
Alteration of coroner areas
The Lord Chancellor may make orders altering coroner areas.
Before making an order under this paragraph the Lord Chancellor must consult—
whichever local authorities the Lord Chancellor thinks appropriate,
in the case of a coroner area in Wales, the Welsh Ministers, and
any other persons the Lord Chancellor thinks appropriate.
“Altering”, in relation to a coroner area, includes (as well as changing its boundaries)—
combining it with one or more other coroner areas;
dividing it between two or more other coroner areas;
changing its name.
Relevant authorities
This paragraph sets out for the purposes of this Part what is the “relevant authority” for a given coroner area.
In the case of a coroner area consisting of the area of a single local authority, that authority is the relevant authority for the coroner area.
In the case of a coroner area consisting of the areas of two or more local authorities, the relevant authority for the coroner area is—
whichever one of those authorities they jointly nominate;
if they cannot agree on a nomination, whichever one of them the Lord Chancellor determines.
Before making a determination under sub-paragraph (3)(b) the Lord Chancellor must consult—
the Secretary of State, in a case involving local authorities in England;
the Welsh Ministers, in a case involving local authorities in Wales.
This paragraph has effect subject to paragraph 2 of Schedule 22.
Effect of body being outside coroner area etc
This paragraph applies where—
a senior coroner is responsible for conducting an investigation under this Part into a person's death, and
the body is outside the coroner's area (whether because of its removal or otherwise).
The coroner has the same functions in relation to the body and the investigation as would be the case if the body were within the coroner's area.
The presence of the body at a place outside the coroner's area does not confer any functions on any other coroner.
Appointment etc of senior coroners, area coroners and assistant coroners
Appointment of senior, area and assistant coroners
Appointment of senior coroners
The relevant authority for each coroner area must appoint a coroner (the “senior coroner”) for that area.
In the case of a coroner area that consists of the areas of two or more local authorities, the relevant authority for the area must consult the other authorities before making an appointment under this paragraph.
A person may not be appointed as a senior coroner unless the Lord Chancellor and the Chief Coroner consent to the appointment of that person.
Appointment of area and assistant coroners
The Lord Chancellor may by order require the appointment, for any coroner area, of—
an area coroner, or a specified number of area coroners;
a minimum number of assistant coroners.
Before making an order under this paragraph in relation to a particular coroner area, the Lord Chancellor must consult—
the Chief Coroner, and
every local authority whose area falls within the coroner area (or, as the case may be, the local authority whose area is the same as the coroner area).
The relevant authority for a coroner area in relation to which provision is made under sub-paragraph (1)(a) must appoint an area coroner or, as the case may be, the number of area coroners specified for the area in the order.
The relevant authority for a coroner area in relation to which provision is made under sub-paragraph (1)(b) must appoint at least the number of assistant coroners specified for the area in the order.
A person may not be appointed as an area coroner or assistant coroner unless the Lord Chancellor and the Chief Coroner consent to the appointment of that person.
Qualifications of senior, area and assistant coroners
To be eligible for appointment as a senior coroner, area coroner or assistant coroner, a person must—
be under the age of 75, and
satisfy the judicial-appointment eligibility condition on a 5-year basis.
A person who is a councillor for a local authority, or has been during the previous 6 months, may not be appointed as the senior coroner, or as an area coroner or assistant coroner, for a coroner area that is the same as or includes the area of that local authority.
In the application of this paragraph to the Common Council, the reference to a councillor is to be read as a reference to an alderman of the City of London or a common councillor.
Vacancies; functions of area and assistant coroners
Filling of vacancies
This paragraph applies where a vacancy occurs—
in the office of senior coroner for an area, or
in an office of area coroner for an area.
The relevant authority for the area must—
give notice in writing of the vacancy to the Lord Chancellor and the Chief Coroner as soon as practicable after the vacancy occurs;
appoint a person to fill the vacancy under paragraph 1 or 2 (as the case may be) within 3 months of the vacancy occurring, or within whatever further period the Lord Chancellor allows;
give notice in writing of the appointment of a person to fill the vacancy to the Lord Chancellor and the Chief Coroner as soon as practicable after it is filled.
This paragraph applies where—
a vacancy occurs in an office of assistant coroner for an area, and
the vacancy causes the number of assistant coroners for the area to fall below (or further below) the minimum number specified under paragraph 2(1)(b).
Within 3 months of the vacancy occurring, or within whatever further period the Lord Chancellor allows, the relevant authority for the area must appoint a person to fill the vacancy.
Person to act as senior coroner in case of vacancy
This paragraph applies where a vacancy occurs in the office of senior coroner for an area.
Subject to sub-paragraph (3), the area coroner for the area (or, if there is more than one such area coroner, whichever of them is nominated by the relevant authority for the area) is to act as senior coroner for the area while the office remains vacant.
Where there is no area coroner for the area, whichever assistant coroner for the area is nominated by the relevant authority for the area is to act as senior coroner for the area while the office remains vacant.
In the case of a coroner area that consists of the area of two or more local authorities, the relevant authority for the area must consult the other authority or authorities before making a nomination under this paragraph.
A person who acts as senior coroner for an area by virtue of this paragraph is to be treated for all purposes of this Part of this Act (except those of this paragraph and paragraphs 1 to 5 and 9 to 19 of this Schedule) as being the senior coroner for the area.
Functions of area and assistant coroners
during a period when that senior coroner is absent or unavailable;
at any other time, with the consent of that senior coroner.
Accordingly a reference in a statutory provision (whenever made) to a senior coroner is to be read, where appropriate, as including an area coroner or assistant coroner.
Terms of office of senior, area and assistant coroners
Status of office
The offices of senior coroner, area coroner and assistant coroner are not to be regarded as freehold offices.
Vacation or termination of office
A senior coroner, area coroner or assistant coroner must vacate office on reaching the age of 75.
The senior coroner or an area coroner or assistant coroner for an area (“the relevant coroner area”) must vacate office immediately if—
he or she becomes a councillor for a local authority, and
the area of that local authority is the same as or falls within the relevant coroner area.
In the application of this paragraph to the Common Council, the reference to a councillor is to be read as a reference to an alderman of the City of London or a common councillor.
The senior coroner or an area coroner or assistant coroner for an area may resign office by giving notice in writing to the relevant authority for the area.
The Lord Chancellor may, with the agreement of the Lord Chief Justice, remove a senior coroner, area coroner or assistant coroner from office for incapacity or misbehaviour.
The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005 (c. 4)) to exercise the functions of the Lord Chief Justice under sub-paragraph (1).
Discipline
Chapter 3 of Part 4 of the Constitutional Reform Act 2005 (c. 4) (discipline) applies in relation to the offices of senior coroner, area coroner and assistant coroner as it would apply if those offices were listed in Schedule 14 to that Act.
Salary of senior and area coroners
The senior coroner for an area is entitled to a salary.
The amount of the salary is to be whatever is from time to time agreed by the senior coroner and the relevant authority for the area.
If the senior coroner and the relevant authority cannot agree about an alteration in the amount of the salary—Any alteration in the amount of salary is to take effect in accordance with the Lord Chancellor's determination.
either of them may refer the matter to the Lord Chancellor;
the Lord Chancellor may determine the amount of the salary and the date on which it is to become payable.
In making a determination under sub-paragraph (3), the Lord Chancellor must have regard—
to the nature and extent of the coroner's functions, and
to all the circumstances of the case.
The salary to which the senior coroner for an area is entitled under this paragraph is payable by the relevant authority for the area.
This paragraph applies in relation to an area coroner for an area as it applies in relation to the senior coroner for an area (references to the senior coroner being read as references to an area coroner).
Fees payable to assistants
An assistant coroner for an area is entitled to fees.
The amount of the fees is to be whatever is agreed from time to time by the assistant coroner and the relevant authority for the area.
The fees to which an assistant coroner for an area is entitled under this paragraph are payable by the relevant authority for the area.
Pensions for senior and area coroners
A relevant authority for a coroner area must make provision for the payment of pensions, allowances or gratuities to or in respect of persons who are or have been senior coroners or area coroners for the area.
Prohibition on receipt of fees etc
Except as permitted by or under this or any other Act, a senior coroner, area coroner or assistant coroner may not accept any remuneration or fee in respect of anything done by that coroner in the performance of his or her functions.
Other terms of office
Subject to the preceding provisions of this Part, the senior coroner or an area coroner or assistant coroner for an area holds office on whatever terms are from time to time agreed by that coroner and the relevant authority for the area.
Coroner for Treasure and Assistant Coroners for Treasure
Appointment, qualifications and terms of office of Coroner for Treasure
Appointment
The Lord Chancellor may appoint a person as the Coroner for Treasure.
Qualifications
To be eligible for appointment as the Coroner for Treasure, a person must—
be under the age of 75, and
satisfy the judicial-appointment eligibility condition on a 5-year basis.
Vacation or termination of office
The Coroner for Treasure must vacate office on reaching the age of 75.
The Coroner for Treasure may resign office by giving notice to the Lord Chancellor.
The Lord Chancellor may, with the agreement of the Lord Chief Justice, remove the Coroner for Treasure from office for incapacity or misbehaviour.
The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005 (c. 4)) to exercise the functions of the Lord Chief Justice under sub-paragraph (1).
Remuneration, allowances and expenses
The Lord Chancellor may pay to the Coroner for Treasure amounts determined by the Lord Chancellor by way of remuneration or allowances.
The Lord Chancellor may pay to the Coroner for Treasure amounts determined by the Lord Chancellor towards expenses incurred by the Coroner for Treasure in performing functions as such.
Designation and remuneration of Assistant Coroners for Treasure
Designation
The Chief Coroner may designate one or more assistant coroners to act as Assistant Coroners for Treasure.
A person who is designated under paragraph 7 to act as an Assistant Coroner for Treasure may act as such for so long as the designation continues to have effect.
A person's designation under that paragraph ceases to have effect—
when the person ceases to be an assistant coroner;
if earlier, when the designation is terminated by notice given—
by the person to the Chief Coroner, or
by the Chief Coroner to the person.
Remuneration, allowances and expenses
The Lord Chancellor may pay to an Assistant Coroner for Treasure amounts determined by the Lord Chancellor by way of remuneration or allowances.
The Lord Chancellor may pay to an Assistant Coroner for Treasure amounts determined by the Lord Chancellor towards expenses incurred by the Assistant Coroner for Treasure in performing functions as such.
Miscellaneous
Functions of Assistant Coroners for Treasure
An Assistant Coroner for Treasure may perform any functions of the Coroner for Treasure—
during a period when the Coroner for Treasure is absent or unavailable;
during a vacancy in the office of Coroner for Treasure;
at any other time, with the consent of the Coroner for Treasure.
Accordingly a reference in this Part of this Act to the Coroner for Treasure is to be read, where appropriate, as including an Assistant Coroner for Treasure.
Staff
The Lord Chancellor may appoint staff to assist the Coroner for Treasure and any Assistant Coroners for Treasure in the performance of their functions.
Such staff are to be appointed on whatever terms and conditions the Lord Chancellor thinks appropriate.
Powers of coroners
Power to require evidence to be given or produced
A senior coroner may by notice require a person to attend at a time and place stated in the notice and—
to give evidence at an inquest,
to produce any documents in the custody or under the control of the person which relate to a matter that is relevant to an inquest, or
to produce for inspection, examination or testing any other thing in the custody or under the control of the person which relates to a matter that is relevant to an inquest.
A senior coroner who is conducting an investigation under this Part may by notice require a person, within such period as the senior coroner thinks reasonable—
to provide evidence to the senior coroner, about any matters specified in the notice, in the form of a written statement,
to produce any documents in the custody or under the control of the person which relate to a matter that is relevant to the investigation, or
to produce for inspection, examination or testing any other thing in the custody or under the control of the person which relates to a matter that is relevant to the investigation.
A notice under sub-paragraph (1) or (2) must—
explain the possible consequences, under paragraphs 6 and 7 of Schedule 6, of not complying with the notice;
indicate what the recipient of the notice should do if he or she wishes to make a claim under sub-paragraph (4).
A claim by a person that—is to be determined by the senior coroner, who may revoke or vary the notice on that ground.
he or she is unable to comply with a notice under this paragraph, or
it is not reasonable in all the circumstances to require him or her to comply with such a notice,
In deciding whether to revoke or vary a notice on the ground mentioned in sub-paragraph (4)(b), the senior coroner must consider the public interest in the information in question being obtained for the purposes of the inquest or investigation, having regard to the likely importance of the information.
For the purposes of this paragraph a document or thing is under a person's control if it is in the person's possession or if he or she has a right to possession of it.
The validity of a notice under sub-paragraph (1) or (2) is not limited to the coroner area for which the senior coroner issuing the notice is appointed.
A reference in this paragraph to a senior coroner is to be read as including the Coroner for Treasure.
A person may not be required to give, produce or provide any evidence or document under paragraph 1 if—
he or she could not be required to do so in civil proceedings in a court in England and Wales, or
the requirement would be incompatible with an assimilated obligation.
The rules of law under which evidence or documents are permitted or required to be withheld on grounds of public interest immunity apply in relation to an investigation or inquest under this Part as they apply in relation to civil proceedings in a court in England and Wales.
Power of entry, search and seizure
A senior coroner conducting an investigation under this Part, if authorised—may enter and search any land specified in the authorisation.
by the Chief Coroner, or
by another senior coroner nominated by the Chief Coroner to give authorisation,
An authorisation may be given only if—
the senior coroner conducting the investigation has reason to suspect that there may be anything on the land which relates to a matter that is relevant to the investigation, and
any of the conditions in sub-paragraph (3) are met.
Those conditions are—
that it is not practicable to communicate with a person entitled to grant permission to enter and search the land;
that permission to enter and search the land has been refused;
that the senior coroner has reason to believe that such permission would be refused if requested;
that the purpose of a search may be frustrated or seriously prejudiced unless the senior coroner can secure immediate entry to the land on arrival.
A senior coroner conducting an investigation under this Part who is lawfully on any land—
may seize anything that is on the land;
may inspect and take copies of any documents.
A reference in this paragraph to land is not limited to land within the coroner area for which the senior coroner in question is appointed.
A reference in this paragraph to a senior coroner is to be read as including the Coroner for Treasure.
The person by whom an authorisation under paragraph 3(1) is given must make a record—
setting out the reasons for the suspicion referred to in paragraph 3(2)(a);
specifying which of the conditions in paragraph 3(3) is met.
Where the authorisation is given by a senior coroner nominated under paragraph 3(1)(b), that coroner must give the record made under this paragraph to the Chief Coroner.
The Chief Coroner must retain a record made this paragraph until the Chief Coroner has given to the Lord Chancellor the report under section 36 for the calendar year in which the authorisation in question was given.
A power under paragraph 3(4) is not exercisable unless the person exercising the power has reasonable grounds for believing—
that its exercise may assist the investigation, and
in the case of the seizure of anything, that the seizure is necessary to prevent the thing being concealed, lost, damaged, altered or destroyed.
The power under paragraph 3(4)(b) includes power to require any information that is stored in an electronic form and is on, or accessible from, the land to be produced in a form—
in which it can be taken away, and
in which it is legible or from which it can readily be produced in a legible form.
A power under paragraph 3(4) does not apply to any item that the person by whom the power is exercisable has reasonable grounds for believing to be subject to legal privilege.
Anything that has been seized or taken away under paragraph 3 may be retained for so long as is necessary in all the circumstances.
A person on whom a power is conferred by virtue of paragraph 3 may use reasonable force, if necessary, in the exercise of the power.
In this paragraph “subject to legal privilege”, in relation to an item, has the meaning given by section 10 of the Police and Criminal Evidence Act 1984 (c. 60).
Exhumation of body for examination
A senior coroner may order the exhumation of a person's body if sub-paragraph (2) or (3) applies.
This sub-paragraph applies if—
the body is buried in England and Wales (whether or not within the coroner area for which the coroner is appointed), and
the coroner thinks it necessary for the body to be examined under section 14.
This sub-paragraph applies if—
the body is buried within the coroner area for which the coroner is appointed, and
the coroner thinks it necessary for the body to be examined for the purpose of any criminal proceedings that have been instituted or are contemplated in respect of—
the death of the person whose body it is, or
the death of another person who died in circumstances connected with the death of that person.
In sub-paragraph (3) “criminal proceedings” includes proceedings in respect of an offence under section 42 of the Armed Forces Act 2006 (c. 52) (or section 70 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18), section 70 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or section 42 of the Naval Discipline Act 1957 (c. 53)).
Action to prevent other deaths
Where—the coroner must report the matter to a person who the coroner believes may have power to take such action.
a senior coroner has been conducting an investigation under this Part into a person's death,
anything revealed by the investigation gives rise to a concern that circumstances creating a risk of other deaths will occur, or will continue to exist, in the future, and
in the coroner's opinion, action should be taken to prevent the occurrence or continuation of such circumstances, or to eliminate or reduce the risk of death created by such circumstances,
A person to whom a senior coroner makes a report under this paragraph must give the senior coroner a written response to it.
A copy of a report under this paragraph, and of the response to it, must be sent to the Chief Coroner.
Offences
Offences relating to jurors
Serving while disqualified, failure to attend etc
It is an offence for a person to serve on a jury at an inquest if the person—
is disqualified from jury service (by reason of being a person listed in Part 2 of Schedule 1 to the Juries Act 1974 (c. 23)), and
knows that he or she is disqualified from jury service.
A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
It is an offence for a person—
to refuse without reasonable excuse to answer any question put under section 8(5),
to give an answer to such a question knowing the answer to be false in a material particular, or
recklessly to give an answer to such a question that is false in a material particular.
A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
It is an offence for a person who is duly summoned as a juror at an inquest—with the intention of evading service as a juror at an inquest.
to make any false representation, or
to cause or permit to be made any false representation on his or her behalf,
A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
It is an offence for a person to make or cause to be made, on behalf of a person who has been duly summoned as a juror at an inquest, any false representation with the intention of enabling the other person to evade service as a juror at an inquest.
A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
A senior coroner, or (as the case may be) the Coroner for Treasure, may impose a fine not exceeding £1000 on a person duly summoned as a juror at an inquest who—
fails without reasonable excuse to attend in accordance with the summons, or
attends in accordance with the summons but refuses without reasonable excuse to serve as a juror.
But a fine may not be imposed under this paragraph unless the summons was duly served on the person in question not later than 14 days before the day on which he or she was required to attend.
Research by jurors
It is an offence for a member of a jury at an inquest to research the case during the inquest period, subject to the exceptions in sub-paragraphs (6) and (7).
A person researches a case if (and only if) the person—
intentionally seeks information, and
when doing so, knows or ought reasonably to know that the information is or may be relevant to the inquest.
The ways in which a person may seek information include—
asking a question,
searching an electronic database, including by means of the internet,
visiting or inspecting a place or object,
conducting an experiment, and
asking another person to seek the information.
Information relevant to the inquest includes information about—
a person involved in events relevant to the inquest,
the senior coroner dealing with the inquest,
any other person who is involved in the inquest, whether as a lawyer, a witness or otherwise,
the law relating to the case,
the law of evidence, and
procedure at inquests.
“The inquest period”, in relation to a member of a jury at an inquest, is the period—
beginning when the person is sworn to inquire into the case, and
ending when the senior coroner discharges the jury or, if earlier, when the senior coroner discharges the person.
It is not an offence under this paragraph for a person to seek information if the person needs the information for a reason which is not connected with the case.
It is not an offence under this paragraph for a person—
to attend proceedings at the inquest;
to seek information from the senior coroner dealing with the case;
to do anything which the senior coroner dealing with the case directs or authorises the person to do;
to seek information from another member of the jury, unless the person knows or ought reasonably to know that the other member of the jury contravened this paragraph in the process of obtaining the information;
to do anything else which is reasonably necessary in order for the jury to make a determination or finding in the case.
A person guilty of an offence under this paragraph is liable, on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).
Proceedings for an offence under this paragraph may only be instituted by or with the consent of the Attorney General.
Sharing research with other jurors
It is an offence for a member of a jury at an inquest intentionally to disclose information to another member of the jury during the inquest period if—
the member contravened paragraph 5A in the process of obtaining the information, and
the information has not been provided at the inquest.
Information has been provided at the inquest if (and only if) it has been provided as part of—
evidence presented at the inquest, or
other information provided to the jury or a juror during the inquest period by, or with the permission of, the senior coroner dealing with the case.
A person guilty of an offence under this paragraph is liable, on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).
Proceedings for an offence under this paragraph may not be instituted except by or with the consent of the Attorney General.
In this paragraph, “the inquest period” has the same meaning as in paragraph 5A.
Jurors engaging in other prohibited conduct
It is an offence for a member of a jury at an inquest intentionally to engage in prohibited conduct during the inquest period, subject to the exceptions in sub-paragraphs (4) and (5).
“Prohibited conduct” means conduct from which it may reasonably be concluded that the person intends to make a determination or finding otherwise than on the basis of the evidence presented at the inquest.
An offence under this paragraph is committed whether or not the person knows that the conduct is prohibited conduct.
It is not an offence under this paragraph for a member of the jury to research the case (as defined in paragraph 5A(2) to (4)).
It is not an offence under this paragraph for a member of the jury to disclose information to another member of the jury.
A person guilty of an offence under this paragraph is liable, on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).
Proceedings for an offence under this paragraph may not be instituted except by or with the consent of the Attorney General.
In this paragraph, “the inquest period” has the same meaning as in paragraph 5A.
Offence relating to jury's deliberations
It is an offence for a person intentionally—subject to the exceptions in paragraphs 5E to 5G.
to disclose information about statements made, opinions expressed, arguments advanced or votes cast by members of a jury in the course of their deliberations in proceedings at an inquest, or
to solicit or obtain such information,
A person guilty of an offence under this paragraph is liable, on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).
Proceedings for an offence under this paragraph may not be instituted except by or with the consent of the Attorney General.
It is not an offence under paragraph 5D for a person to disclose information in the inquest mentioned in paragraph 5D(1) for the purposes of enabling the jury to make findings or a determination or in connection with the delivery of findings or a determination.
It is not an offence under paragraph 5D for the senior coroner dealing with that inquest to disclose information—
for the purposes of dealing with the inquest, or
for the purposes of an investigation by a relevant investigator into whether an offence or contempt of court has been committed by or in relation to a juror in the inquest.
It is not an offence under paragraph 5D for a person who reasonably believes that a disclosure described in sub-paragraph (2)(b) has been made to disclose information for the purposes of the investigation.
It is not an offence under paragraph 5D to publish information disclosed as described in sub-paragraph (1) or (2)(a) in the inquest mentioned in paragraph 5D(1).
In this paragraph—“publish” means make available to the public or a section of the public;“relevant investigator” means—a police force; the Attorney General; any other person or class of person specified by the Lord Chancellor for the purposes of this paragraph by regulations.
The Lord Chancellor must obtain the consent of the Lord Chief Justice before making regulations under this paragraph.
It is not an offence under paragraph 5D for a person to disclose information to a person listed in sub-paragraph (2) if—
the disclosure is made after the jury at the inquest mentioned in paragraph 5D(1) has been discharged, and
the person making the disclosure reasonably believes that—
an offence or contempt of court has been, or may have been, committed by or in relation to a juror in connection with that inquest, or
conduct of a juror in connection with that inquest may provide grounds for an application under section 13(1)(b) of the Coroners Act 1988.
Those persons are—
a member of a police force;
the Attorney General's Office;
a judge of the High Court;
the Chief Coroner;
the senior coroner who dealt with the inquest mentioned in paragraph 5D(1);
a coroner's officer or a member of staff assisting a senior coroner who would reasonably be expected to disclose the information only to a person mentioned in paragraphs (b) to (e).
It is not an offence under paragraph 5D for a member of a police force to disclose information for the purposes of obtaining assistance in deciding whether to submit the information to a person listed in sub-paragraph (2), provided that the disclosure does not involve publishing the information.
It is not an offence under paragraph 5D for the Attorney General's Office or a judge of the High Court to disclose information for the purposes of an investigation by a relevant investigator into—
whether an offence or contempt of court has been committed by or in relation to a juror in connection with the inquest mentioned in paragraph 5D(1), or
whether conduct of a juror in connection with that inquest may provide grounds for an application under section 13(1)(b) of the Coroners Act 1988.
It is not an offence under paragraph 5D for a person who reasonably believes that a disclosure described in sub-paragraph (4) has been made to disclose information for the purposes of the investigation.
It is not an offence under paragraph 5D for a person to disclose information in evidence in—
proceedings for an offence or contempt of court alleged to have been committed by or in relation to a juror in connection with the inquest mentioned in paragraph 5D(1),
proceedings on an application to the High Court under section 13(1)(b) of the Coroners Act 1988 in connection with the inquest mentioned in paragraph 5D(1) where an allegation relating to conduct of or in relation to a juror forms part of the grounds for the application, or
proceedings on any further appeal, reference or investigation arising out of proceedings mentioned in paragraph (a) or (b).
It is not an offence under paragraph 5D for a person to disclose information in the course of taking reasonable steps to prepare for proceedings described in sub-paragraph (6)(a) to (c).
It is not an offence under paragraph 5D to publish information disclosed as described in sub-paragraph (6).
In this paragraph—“the Attorney General's Office” means the Attorney General, the Solicitor General or a member of staff of the Attorney General's Office;“publish” means make available to the public or a section of the public;“relevant investigator” means—a police force; the Attorney General; the Criminal Cases Review Commission; the Crown Prosecution Service; a senior coroner, area coroner or assistant coroner; any other person or class of person specified by the Lord Chancellor for the purposes of this paragraph by regulations.
The Lord Chancellor must obtain the consent of the Lord Chief Justice before making regulations under this paragraph.
It is not an offence under paragraph 5D to solicit a disclosure described in paragraph 5E(1) to (4) or paragraph 5F(1) to (8).
It is not an offence under paragraph 5D to obtain information—
by means of a disclosure described in paragraph 5E(1) to (4) or paragraph 5F(1) to (8), or
from a document that is available to the public or a section of the public.
Offences relating to witnesses and evidence
A senior coroner, or (as the case may be) the Coroner for Treasure, may impose a fine not exceeding £1000 on a person who fails without reasonable excuse to do anything required by a notice under paragraph 1 of Schedule 5.
It is an offence for a person to do anything that is intended to have the effect of—or to do anything that the person knows or believes is likely to have that effect.
distorting or otherwise altering any evidence, document or other thing that is given, produced or provided for the purposes of an investigation under this Part of this Act, or
preventing any evidence, document or other thing from being given, produced or provided for the purposes of such an investigation,
It is an offence for a person—
intentionally to suppress or conceal a document that is, and that the person knows or believes to be, a relevant document, or
intentionally to alter or destroy such a document.
For the purposes of sub-paragraph (2) a document is a “relevant document” if it is likely that a person conducting an investigation under this Part of this Act would (if aware of its existence) wish to be provided with it.
A person does not commit an offence under sub-paragraph (1) or (2) by doing anything that is authorised or required—
by a senior coroner or the Coroner for Treasure, or
by virtue of paragraph 2 of Schedule 5 or any privilege that applies.
Proceedings for an offence under sub-paragraph (1) or (2) may be instituted only by or with the consent of the Director of Public Prosecutions.
A person guilty of an offence under sub-paragraph (1) or (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale, or to imprisonment for a term not exceeding 51 weeks, or to both.
It is an offence for a person, in giving unsworn evidence at an inquest by virtue of section 45(2)(a), to give false evidence in such circumstances that, had the evidence been given on oath, he or she would have been guilty of perjury.
A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding £1000, or to imprisonment for a term not exceeding 51 weeks, or to both.
In relation to a person under the age of 14, sub-paragraph (2) has effect as if for the words following “summary conviction” there were substituted “ to a fine not exceeding £250 ”.
For the purposes of sub-paragraph (3), a person's age is to be taken to be that which it appears to the court to be after considering any available evidence.
Miscellaneous
The powers of a senior coroner or the Coroner for Treasure under paragraph 5 or 6 are additional to, and do not affect, any other power the coroner may have—
to compel a person to appear before him or her;
to compel a person to give evidence or produce any document or other thing;
to punish a person for contempt of court for failure to appear or to give evidence or to produce any document or other thing.
But a person may not be fined under paragraph 5 or 6 and also be punished under any such other power.
In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), a reference in this Schedule to 51 weeks is to be read as a reference to 6 months.
Nothing in paragraph 5A, 5B or 5C affects what constitutes contempt of court at common law.
Allowances, fees and expenses
Allowances payable to jurors
A person who serves as a juror at an inquest is entitled, in respect of attending the inquest, to receive payments by way of allowance—This is subject to any conditions prescribed by regulations.
for travelling and subsistence;
for financial loss.
But a person is entitled to receive payments by way of allowance for financial loss only if, in consequence of attending the inquest, the person has—
incurred expenses (other than on travelling and subsistence) that he or she would otherwise not have incurred,
suffered a loss of earnings that he or she would otherwise not have suffered, or
suffered a loss of benefit under the enactments relating to social security that he or she would otherwise not have suffered.
Regulations may prescribe the rates of any allowances payable under paragraph 1.
The amount due to a person under paragraph 1 is to be calculated by the senior coroner and paid by (or on behalf of) the senior coroner or, where appropriate, the Coroner for Treasure.
Allowances payable to witnesses
Regulations may prescribe the allowances that may be paid by (or on behalf of) senior coroners or the Coroner for Treasure—
to witnesses;
to persons who produce documents or things by virtue of paragraph 1(1) or (2) of Schedule 5;
to persons who provide evidence in the form of a written statement by virtue of paragraph 1(2)(a) of that Schedule.
In this paragraph “witness” means a person properly attending before a senior coroner to give evidence at an inquest or in connection with the possibility of doing so (whether or not the person actually gives evidence), but does not include—
a police officer, member of a police force or member of the tri-service serious crime unit, attending in his or her capacity as such;
a full-time officer of an institution to which the Prison Act 1952 (c. 52) applies in his or her capacity as such;
a prisoner in respect of an occasion on which he or she is conveyed in custody to appear before a senior coroner.
Miscellaneous fees, allowances and expenses
Regulations may prescribe the fees and allowances that may be paid by (or on behalf of) senior coroners to persons who make examinations under section 14.
A relevant authority for a coroner area may issue a schedule of the fees, allowances and expenses that may be lawfully paid or incurred by the senior coroner for the area in the performance of the coroner's functions.
The power under sub-paragraph (1) includes power to amend or revoke any schedule issued.
In exercising the power under sub-paragraph (1) a relevant authority must have regard to any guidance from time to time issued by the Lord Chancellor.
A copy of any schedule that is issued or amended must be given to the senior coroner.
The reference in sub-paragraph (1) to fees and allowances does not include fees or allowances within any of the preceding paragraphs of this Schedule.
Regulations may prescribe the fees payable to coroners for supplying copies of documents in their custody relating to investigations or inquests under this Part of this Act that they are conducting or have conducted.
Meeting or reimbursing expenses
Regulations may make provision for or in connection with meeting or reimbursing—
expenses incurred by senior coroners (including expenses incurred under or by virtue of paragraph 4, 5 or 6);
expenses incurred by area coroners and assistant coroners;
expenses incurred by virtue of Schedule 10 in the conduct of an investigation by the Chief Coroner or the Coroner for Treasure or by a judge, former judge or former coroner.
The regulations may make provision—This sub-paragraph is not to be read as limiting the power in sub-paragraph (1).
for accounts or evidence relating to expenses to be provided to relevant authorities;
for or in connection with the meeting or reimbursement by relevant authorities of expenses of a description specified in the regulations;
for or in connection with appeals relating to decisions with respect to meeting or reimbursing expenses.
A reference in this paragraph to meeting or reimbursing expenses incurred by a person (“P”) includes a reference to indemnifying P in respect of—
costs that P reasonably incurs in or in connection with proceedings in respect of things done or omitted in the exercise (or purported exercise) by P of duties under this Part of this Act;
costs that P reasonably incurs in taking steps to dispute claims that might be made in such proceedings;
damages awarded against P, or costs ordered to be paid by P, in such proceedings;
sums payable by P in connection with a reasonable settlement of such proceedings or of claims that might be made in such proceedings.
Supplemental
For the purposes of paragraph 1, a person who attends for service as a juror in accordance with a summons is to be treated as serving as a juror even if he or she is not sworn.
The power to make regulations under this Schedule is exercisable by the Lord Chancellor.
Regulations under this Schedule may be made only if—agrees to the making of the regulations.
the Lord Chief Justice, or
a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005 (c. 4)) nominated for the purposes of this sub-paragraph by the Lord Chief Justice,
Chief Coroner and Deputy Chief Coroners
Appointment of Chief Coroner
The Lord Chief Justice may appoint a person as the Chief Coroner.
To be eligible for appointment as the Chief Coroner a person must be—
a judge of the High Court or a Circuit judge, and
under the age of 75.
The Lord Chief Justice must consult the Lord Chancellor before making an appointment under this paragraph.
The appointment of a person as the Chief Coroner is to be for a term decided by the Lord Chief Justice after consulting the Lord Chancellor.
In this paragraph “appointment” includes re-appointment.
Appointment of Deputy Chief Coroners
The Lord Chief Justice may secure the appointment as Deputy Chief Coroners of however many persons the Lord Chief Justice thinks appropriate.
To be eligible for appointment as a Deputy Chief Coroner a person must be—
a judge of the High Court, a Circuit judge, the Coroner for Treasure or a senior coroner, and
under the age of 75.
The Lord Chief Justice must consult the Lord Chancellor as to—
the appropriate number of persons to be appointed as Deputy Chief Coroners;
how many of them are to be persons eligible for appointment by virtue of being judges and how many are to be persons eligible for appointment by virtue of being senior coroners or the Coroner for Treasure.
The function of appointing a person as a Deputy Chief Coroner is exercisable, in the case of a judge of the High Court or a Circuit judge, by the Lord Chief Justice after consulting the Lord Chancellor.
The appointment by the Lord Chief Justice of a person as a Deputy Chief Coroner is to be for a term decided by the Lord Chief Justice after consulting the Lord Chancellor.
The function of appointing a person as a Deputy Chief Coroner is exercisable, in the case of a senior coroner or the Coroner for Treasure, by the Lord Chancellor at the invitation of the Lord Chief Justice.
The appointment by the Lord Chancellor of a person as a Deputy Chief Coroner is to be for a term decided by the Lord Chancellor after consulting the Lord Chief Justice.
In this paragraph “appointment” includes re-appointment.
Resignation or removal
The Chief Coroner, or a Deputy Chief Coroner appointed by the Lord Chief Justice, may resign from office by giving notice in writing to the Lord Chief Justice.
But the resignation does not take effect unless and until it is accepted by the Lord Chief Justice, who must consult the Lord Chancellor before accepting it.
A Deputy Chief Coroner appointed by the Lord Chancellor may resign from office by giving notice in writing to the Lord Chancellor.
But the resignation does not take effect unless and until it is accepted by the Lord Chancellor, who must consult the Lord Chief Justice before accepting it.
The Lord Chief Justice may, after consulting the Lord Chancellor, remove the Chief Coroner, or a Deputy Chief Coroner appointed by the Lord Chief Justice, from office for incapacity or misbehaviour.
The Lord Chancellor may, after consulting the Lord Chief Justice, remove a Deputy Chief Coroner appointed by the Lord Chancellor from office for incapacity or misbehaviour.
Remuneration, allowances and expenses
The Lord Chancellor may pay to the Chief Coroner—
amounts determined by the Lord Chancellor by way of remuneration or allowances;
amounts determined by the Lord Chancellor towards expenses incurred by the Chief Coroner in performing functions as such.
The Lord Chancellor may pay to a Deputy Chief Coroner—
amounts determined by the Lord Chancellor by way of remuneration or allowances;
amounts determined by the Lord Chancellor towards expenses incurred by that Deputy Chief Coroner in performing functions as such.
A reference in paragraph 5 or 6 to paying expenses incurred by a person (“P”) includes a reference to indemnifying P in respect of—
costs that P reasonably incurs in or in connection with proceedings in respect of things done or omitted in the exercise (or purported exercise) by P of duties under this Part;
costs that P reasonably incurs in taking steps to dispute claims that might be made in such proceedings;
damages awarded against P, or costs ordered to be paid by P, in such proceedings;
sums payable by P in connection with a reasonable settlement of such proceedings or of claims that might be made in such proceedings.
Exercise of Chief Coroner's functions by Deputy Chief coroner
A Deputy Chief Coroner may perform any functions of the Chief Coroner—
during a period when the Chief Coroner is absent or unavailable;
during a vacancy in the office of Chief Coroner;
at any other time, with the consent of the Chief Coroner.
Accordingly a reference in this Part to the Chief Coroner is to be read, where appropriate, as including a Deputy Chief Coroner.
Staff
The Lord Chancellor must appoint staff to assist the Chief Coroner and any Deputy Chief Coroners in the performance of their functions.
Such staff are to be appointed on whatever terms and conditions the Lord Chancellor thinks appropriate.
Medical adviser and Deputy medical advisers to the Chief Coroner
Appointment and functions of Medical Adviser to the Chief Coroner
The Lord Chancellor may appoint a person as Medical Adviser to the Chief Coroner (“the Medical Adviser”) to provide advice and assistance to the Chief Coroner as to medical matters in relation to the coroner system.
Appointment and functions of Deputy Medical Advisers to the Chief Coroner
The Lord Chancellor may appoint however many Deputy Medical Advisers to the Chief Coroner (“Deputy Medical Advisers”) the Lord Chancellor thinks appropriate.
A Deputy Medical Adviser may perform any functions of the Medical Adviser—
during a period when the Medical Adviser is absent or unavailable;
during a vacancy in the office of Medical Adviser;
at any other time, with the consent of the Medical Adviser.
Qualification for appointment
A person may be appointed as the Medical Adviser or as a Deputy Medical Adviser only if, at the time of the appointment, he or she—
is a registered medical practitioner and has been throughout the previous 5 years, and
practises as such or has done within the previous 5 years.
Consultation before making appointment
Before appointing a person as the Medical Adviser or as a Deputy Medical Adviser, the Lord Chancellor must consult—
the Chief Coroner, and
the Welsh Ministers.
Terms and conditions of appointment
The appointment of a person as the Medical Adviser or as a Deputy Medical Adviser is to be on whatever terms and conditions the Lord Chancellor thinks appropriate.
Remuneration, allowances and expenses
The Lord Chancellor may pay to the Medical Adviser—
amounts determined by the Lord Chancellor by way of remuneration or allowances;
amounts determined by the Lord Chancellor towards expenses incurred in performing functions as such.
The Lord Chancellor may pay to a Deputy Medical Adviser—
amounts determined by the Lord Chancellor by way of remuneration or allowances;
amounts determined by the Lord Chancellor towards expenses incurred by that Deputy Medical Adviser in performing functions as such.
Investigation by Chief Coroner or Coroner for Treasure or by judge, former judge or former coroner
Investigation by Chief Coroner
The Chief Coroner may conduct an investigation into a person's death.
Where the Chief Coroner is responsible for conducting an investigation by virtue of this paragraph—
the Chief Coroner 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;
no senior coroner, area coroner or assistant coroner has any functions in relation to the body or the investigation.
Accordingly a reference in a statutory provision (whenever made) to a senior coroner is to be read, where appropriate, as including the Chief Coroner exercising functions by virtue of this paragraph.
Investigation by Coroner for Treasure
The Chief Coroner may direct the Coroner for Treasure to conduct an investigation into a person's death.
Where a direction is given under this paragraph—
the Coroner for Treasure must conduct the investigation;
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;
no senior coroner, area coroner or assistant coroner has any functions in relation to the body or the investigation.
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.
Investigation by judge, former judge or former coroner
If requested to do so by the Chief Coroner, the Lord Chief Justice may nominate a person within sub-paragraph (2) to conduct an investigation into a person's death.
A person is within this sub-paragraph if at the time of the nomination he or she is—and is under the age of 75.
a judge of the High Court,
a Circuit judge, or
a person who has held office as a judge of the Court of Appeal or of the High Court (but no longer does so),
The Chief Coroner may request a person who at the time of the request—to conduct an investigation into a person's death.
has held office as a senior coroner (but no longer does so), and
is under the age of 75,
If a person nominated or requested under this paragraph agrees to conduct the investigation—
that person is under a duty to do so;
that person 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;
no senior coroner, area coroner or assistant coroner has any functions in relation to the body or the investigation.
Accordingly a reference in a statutory provision (whenever made) to a coroner is to be read, where appropriate, as including a person who has been nominated or requested under this paragraph to conduct an investigation and has agreed to do so.
The Lord Chief Justice must consult the Lord Chancellor before making a nomination under this paragraph.
Appeals
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Investigations already begun
A reference in this Schedule to conducting an investigation, in the case of an investigation that has already begun, is to be read as a reference to continuing to conduct the investigation.
Amendments to the Coroners Act (Northern Ireland) 1959
Witnesses and evidence
In the Coroners Act (Northern Ireland) 1959 (c. 15), for section 17 (witnesses to be summoned) substitute—
Omit sections 19 (service of summonses) and 20 (provisions as to witnesses) of that Act.
Encouraging or assisting suicide: providers of information society services
Domestic service providers: extension of liability
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Non-UK service providers: restriction on institution of proceedings
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Exceptions for mere conduits
A service provider is not capable of being guilty of a relevant offence in respect of anything done in the course of providing so much of an information society service as consists in—if the condition in sub-paragraph (2) is satisfied.
the provision of access to a communication network, or
the transmission in a communication network of information provided by a recipient of the service,
The condition is that the service provider does not—
initiate the transmission,
select the recipient of the transmission, or
select or modify the information contained in the transmission.
For the purposes of sub-paragraph (1)—includes the automatic, intermediate and transient storage of the information transmitted so far as the storage is solely for the purpose of carrying out the transmission in the network.
the provision of access to a communication network, and
the transmission of information in a communication network,
Sub-paragraph (3) does not apply if the information is stored for longer than is reasonably necessary for the transmission.
Exception for caching
This paragraph applies where an information society service consists in the transmission in a communication network of information provided by a recipient of the service.
The service provider is not capable of being guilty of a relevant offence in respect of the automatic, intermediate and temporary storage of information so provided, if—
the storage of the information is solely for the purpose of making more efficient the onward transmission of the information to other recipients of the service at their request, and
the condition in sub-paragraph (3) is satisfied.
The condition is that the service provider—
does not modify the information,
complies with any conditions attached to having access to the information, and
(where sub-paragraph (4) applies) expeditiously removes the information or disables access to it.
This sub-paragraph applies if the service provider obtains actual knowledge that—
the information at the initial source of the transmission has been removed from the network,
access to it has been disabled, or
a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information.
Exception for hosting
A service provider is not capable of being guilty of a relevant offence in respect of anything done in the course of providing so much of an information society service as consists in the storage of information provided by a recipient of the service if—
the service provider had no actual knowledge when the information was provided that the information was capable of, and provided with the intention of, encouraging or assisting suicide or an attempt at suicide, or
on obtaining such knowledge, the service provider expeditiously removed the information or disabled access to the information.
Sub-paragraph (1) does not apply if the recipient of the service is acting under the authority or control of the service provider.
Interpretation
and “the E-Commerce Directive” means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce).
This paragraph applies for the purposes of this Schedule.
“Relevant offence” means an offence under—
section 2 of the Suicide Act 1961 (c.60)(criminal liability for complicity in another’s suicide), or
section 13 of the Criminal Justice Act (Northern Ireland) 1966 (c. 20 (N.I.)) (criminal liability for complicity in another’s suicide).
“Information society services”—
has the meaning given in Article 2(a) of the E-Commerce Directive (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations), and
is summarised in recital 17 of the E-Commerce Directive as covering “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”;
“Recipient”, in relation to a service, means any person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible.
“Service provider” means a person providing an information society service.
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Prohibited images: providers of information society services
Domestic service providers: extension of liability
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Non-UK service providers: restriction on institution of proceedings
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Exceptions for mere conduits
A service provider is not capable of being guilty of an offence under section 62(1) in respect of anything done in the course of providing so much of an information society service as consists in—if the condition in sub-paragraph (2) is satisfied.
the provision of access to a communication network, or
the transmission in a communication network of information provided by a recipient of the service,
The condition is that the service provider does not—
initiate the transmission,
select the recipient of the transmission, or
select or modify the information contained in the transmission.
For the purposes of sub-paragraph (1)—includes the automatic, intermediate and transient storage of the information transmitted so far as the storage is solely for the purpose of carrying out the transmission in the network.
the provision of access to a communication network, and
the transmission of information in a communication network,
Sub-paragraph (3) does not apply if the information is stored for longer than is reasonably necessary for the transmission.
Exception for caching
This paragraph applies where an information society service consists in the transmission in a communication network of information provided by a recipient of the service.
The service provider is not capable of being guilty of an offence under section 62(1) in respect of the automatic, intermediate and temporary storage of information so provided, if—
the storage of the information is solely for the purpose of making more efficient the onward transmission of the information to other recipients of the service at their request, and
the condition in sub-paragraph (3) is satisfied.
The condition is that the service provider—
does not modify the information,
complies with any conditions attached to having access to the information, and
(where sub-paragraph (4) applies) expeditiously removes the information or disables access to it.
This sub-paragraph applies if the service provider obtains actual knowledge that—
the information at the initial source of the transmission has been removed from the network,
access to it has been disabled, or
a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information.
Exception for hosting
A service provider is not capable of being guilty of an offence under section 62(1) in respect of anything done in the course of providing so much of an information society service as consists in the storage of information provided by a recipient of the service if—
the service provider had no actual knowledge when the information was provided that it contained offending material, or
on obtaining actual knowledge that the information contained offending material, the service provider expeditiously removed the information or disabled access to it.
“Offending material” means material the possession of which constitutes an offence under section 62(1).
Sub-paragraph (1) does not apply if the recipient of the service is acting under the authority or control of the service provider.
Interpretation
and “the E-Commerce Directive” means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce).
This paragraph applies for the purposes of this Schedule.
“Prohibited image of a child” has the same meaning as in section 62.
“Information society services”—
has the meaning given in Article 2(a) of the E-Commerce Directive (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations), and
is summarised in recital 17 of the E-Commerce Directive as covering “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”;
“Recipient”, in relation to a service, means any person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible.
“Service provider” means a person providing an information society service.
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Schedule 1A to the Youth Justice and Criminal Evidence Act 1999
The following is the Schedule to be inserted as Schedule 1A to the Youth Justice and Criminal Evidence Act 1999 (c. 23)—
The Sentencing Council for England and Wales
Constitution of the Council
The Council is to consist of—
8 members appointed by the Lord Chief Justice with the agreement of the Lord Chancellor (“judicial members”);
6 members appointed by the Lord Chancellor with the agreement of the Lord Chief Justice (“non-judicial members”).
Appointment of a person to chair the Council etc
The Lord Chief Justice must, with the agreement of the Lord Chancellor, appoint—
a judicial member to chair the Council (“the chairing member”), and
another judicial member to chair the Council in the absence of the chairing member.
Appointment of judicial members
A person is eligible for appointment as a judicial member if the person is—
a judge of the Court of Appeal,
a puisne judge of the High Court,
a Circuit judge,
a District Judge (Magistrates' Courts), or
a lay justice.
The judicial members must include at least one Circuit judge, one District Judge (Magistrates' Courts) and one lay justice.
When appointing judicial members, the Lord Chief Justice must have regard to the desirability of the judicial members including at least one person who appears to the Lord Chief Justice to have responsibilities relating to the training of judicial office-holders who exercise criminal jurisdiction in England and Wales.
“Judicial office-holder” has the meaning given by section 109(4) of the Constitutional Reform Act 2005 (c. 4).
Appointment of non-judicial members
A person is eligible for appointment as a non-judicial member if the person appears to the Lord Chancellor to have experience in one or more of the following areas—
criminal defence;
criminal prosecution;
policing;
sentencing policy and the administration of justice;
the promotion of the welfare of victims of crime;
academic study or research relating to criminal law or criminology;
the use of statistics;
the rehabilitation of offenders.
The persons eligible for appointment as a non-judicial member by virtue of experience of criminal prosecution include the Director of Public Prosecutions.
President of the Council
The Lord Chief Justice is to have the title of President of the Sentencing Council for England and Wales.
The President is not a member of the Council.
Lord Chancellor's representative
The Lord Chancellor may appoint a person to attend and speak at any meeting of the Council.
The person appointed under sub-paragraph (1) must be a person appearing to the Lord Chancellor to have experience of sentencing policy.
Terms of appointment
The Lord Chancellor may by order make provision—
as to the term of office, resignation and re-appointment of judicial members and non-judicial members;
enabling the Lord Chancellor to remove a judicial member from office, with the agreement of the Lord Chief Justice, on the grounds of incapacity or misbehaviour;
enabling the Lord Chancellor to remove a non-judicial member from office on the grounds of incapacity or misbehaviour.
The following provisions apply to an order under sub-paragraph (1)—
if the order includes provision falling within sub-paragraph (1)(a), the Lord Chancellor must consult the Lord Chief Justice about that provision before making the order;
if the order includes provision falling within sub-paragraph (1)(b), the order may not be made unless the Lord Chief Justice agrees to the inclusion of that provision.
Vacancies etc
The validity of anything done by the Council is not affected by any vacancy among its members, by any defect in the appointment of a member or by any failure to comply with paragraph 2, 3 or 4.
Remuneration etc
The Lord Chancellor may pay—
to any judicial member who is appointed by virtue of being a lay justice, such remuneration or expenses as the Lord Chancellor may determine, and
to any other judicial member, such expenses as the Lord Chancellor may determine.
The Lord Chancellor may pay to any non-judicial member such remuneration or expenses as the Lord Chancellor may determine (except that, where the Director of Public Prosecutions is such a member, no remuneration may be paid to the Director).
Interpretation
In this Schedule “lay justice” means a justice of the peace who is not a District Judge (Magistrates' Courts).
Extension of disqualification for driving
Criminal Justice (Northern Ireland) Order 1980 (S.I. 1980/704 (N.I. 6))
After Article 8 of the Criminal Justice (Northern Ireland) Order 1980 insert—
Road Traffic Offenders Act 1988 (c. 53)
The Road Traffic Offenders Act 1988 is amended as follows.
After section 35 insert—
After section 35B (as inserted by sub-paragraph (2)) insert—
Criminal Procedure (Scotland) Act 1995 (c. 46)
After section 248C of the Criminal Procedure (Scotland) Act 1995 insert—
Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/1320 (N.I. 10))
After Article 40 of the Road Traffic Offenders (Northern Ireland) Order 1996 insert—
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
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Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1))
After Article 91 of the Criminal Justice (Northern Ireland) Order 2008 insert—
Treatment of convictions in other member States etc
Evidence of bad character
The Criminal Justice Act 2003 (c. 44) is amended as follows.
In section 103 (matter in issue between the defendant and the prosecution), after subsection (6) add—
In section 108 (offences committed by defendant when a child), after subsection (2) insert—
The Criminal Justice (Evidence) (Northern Ireland) Order 2004 (S.I. 2004/1501 (N.I. 10)) is amended as follows.
In Article 8 (matter in issue between the defendant and the prosecution), after paragraph (6) add—
In Article 13 (offences committed by a defendant when a child), after paragraph (1) insert—
Bail
Section 25 of the Criminal Justice and Public Order Act 1994 (c. 33) (no bail for defendants charged with or convicted of homicide or rape after previous conviction of such offences) is amended as follows.
For subsection (3) substitute—
In subsection (5), omit “and” at the end of the definition of “conviction”, and at the end insert—
After that subsection insert—
Decision as to allocation
Section 19 of the Magistrates' Courts Act 1980 (c. 43) (decision as to allocation) (as substituted by Schedule 3 to the Criminal Justice Act 2003 (c. 44)) is amended as follows.
In subsection (5), omit “or” at the end of paragraph (a) and insert—.
After that subsection insert—
In sub-paragraph (5), omit “or” at the end of paragraph (a) and insert—.
After that sub-paragraph, insert—
Seriousness
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Section 238 of the Armed Forces Act 2006 (c. 52) (deciding the seriousness of an offence) is amended as follows.
In subsection (3)—
omit “or” at the end of paragraph (a), and
at the end of paragraph (b), insert—
For subsection (4) substitute—
Availability of community orders
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Required custodial sentences for certain offences
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Restriction on imposing custodial sentence or service detention
In section 263 of the Armed Forces Act 2006 (c. 52) (restriction on imposing custodial sentence or service detention on unrepresented offender)—
at the end of subsection (2)(b) insert “ , or sentenced to detention by a court in any other member State or for a member State service offence ”, and
at the end of subsection (6)(b) insert—
Young offenders: referral conditions
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Proving of foreign convictions before courts in England and Wales
Section 73 of the Police and Criminal Evidence Act 1984 (c. 60) (proof of convictions and acquittals) is amended as follows.
In subsection (1), after “Kingdom” insert “ or any other member State ”.
In subsection (2), after paragraph (b) insert.
In subsection (3)—
in paragraph (b), after “other court” insert “ in the United Kingdom ”, and
after that paragraph add “, and
Section 74 of that Act (conviction as evidence of commission of offence) is amended as follows.
In subsection (1), after “Kingdom” (in first place it occurs) insert “ or any other member State ”.
In subsection (2), after “Kingdom” (in first place it occurs) insert “ or any other member State ”.
In subsection (3)(a) after “Kingdom” insert “ or any other member State ”.
Proving of foreign convictions before courts in Northern Ireland
.
Article 71 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (proof of convictions and acquittals) is amended as follows.
After paragraph (1) insert—
In paragraph (2), after sub-paragraph (b) insert “; and
Article 72 of that Order (conviction as evidence of commission of offence) is amended as follows.
In paragraph (1), after “Kingdom” (in first place it occurs) insert “ or any other member State ”.
In paragraph (2), after “Kingdom” (in first place it occurs) insert “ or any other member State ”.
In paragraph (3)(a), after “Kingdom” insert “ or any other member State ”.
In Article 73 of that Order (provisions supplementary to Article 72), for paragraph (1)(b) substitute—.
Motor vehicle orders
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Exploitation proceeds investigations
Part 8 of the Proceeds of Crime Act 2002 (c. 29) (investigations) is amended as follows.
In section 341 (investigations), after subsection (4) add—
In section 342 (offences of prejudicing investigation)—
in subsection (1), after “detained cash investigation” insert “ , an exploitation proceeds investigation ”, and
after subsection (3)(ba) insert—.
In section 343(3) (judges) after “civil recovery investigation” insert “ or an exploitation proceeds investigation ”.
In section 344(b) (courts) after “civil recovery investigation” insert “ or an exploitation proceeds investigation ”.
In section 345(2) (production orders), in paragraph (a) after “confiscation investigation” insert “ , an exploitation proceeds investigation ”.
In section 346 (requirements for making of production order)—
after subsection (2)(c) add—, and
after subsection (2) insert—
In section 350(5) (government departments), in paragraph (b) after “civil recovery investigation” insert “ or an exploitation proceeds investigation ”.
In section 351(8) (supplementary) after “civil recovery investigation” insert “ or an exploitation proceeds investigation ”.
In section 352 (search and seizure warrants)—
in subsection (2)(a), after “confiscation investigation” insert “ , an exploitation proceeds investigation ”, and
after subsection (5)(c) add—
In section 353 (requirements where production order not available)—
after subsection (2)(c) insert—,
in subsection (5)(a), for “or (8)” substitute “ , (8) or (8A) ”,
after subsection (8) insert—
after subsection (10)(c) add—
In section 356 (further provision: civil recovery), in subsection (1) after “civil recovery investigations” insert “ or exploitation proceeds investigations ”.
In section 357 (disclosure orders)—
after subsection (3)(b) add “, or, and
after subsection (7)(b) add “; and
In section 358(2) (requirements for making of disclosure order) after paragraph (b) add—
In section 362(5) (supplementary) after “investigation” add “ or an exploitation proceeds investigation ”.
In section 363(2) (customer information orders), in paragraph (a) after “investigation”, in first place it occurs, insert “ , an exploitation proceeds investigation ”.
In section 370(2) (account monitoring orders), in paragraph (a) after “confiscation investigation” insert “ , an exploitation proceeds investigation ”.
After section 378(6) (officers) insert—
Amendments of the Data Protection Act 1998 (c. 29)
Data controllers' registration
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Assessment notices
Section 48 of that Act (rights of appeal) is amended as follows.
In subsection (1) after “enforcement notice” insert “ , an assessment notice ”>.
In subsection (3)—
after “enforcement notice” insert “ , an assessment notice ”>, and
after “40(8)” insert “ , 41B(2) ”>.
In section 67 of that Act (general provision about orders etc under the Act)—
in subsection (4) insert at the appropriate place—, and
in subsection (5)(a) insert at the appropriate place—.
In section 70(1) of that Act (supplementary definitions) for the definition of “government department” substitute—
Powers to require information
Section 43 of that Act (information notices) is amended as follows.
In subsection (1) for “, within” to the end substitute “ to furnish the Commissioner with specified information relating to the request or to compliance with the principles. ”>
After that subsection insert—
In subsection (4) for “the time” to “expire” substitute “ a period specified in an information notice under subsection (1B)(b) must not end, and a time so specified must not fall, ”>.
Section 44 of that Act (special information notices) is amended as follows.
in subsection (1) for “, within” to the end substitute “ to furnish the Commissioner with specified information for the purpose specified in subsection (2). ”>
After subsection (1) insert—
In subsection (5) for “the time” to “expire” substitute “ a period specified in a special information notice under subsection (1B)(b) must not end, and a time so specified must not fall, ”.
Restriction on use of information
Section 43 of that Act (information notices) is amended as follows.
In subsection (8), for “other than an offence under this Act,” substitute “ , other than an offence under this Act or an offence within subsection (8A), ”.
After that subsection insert—
Section 44 of that Act (special information notices) is amended as follows.
In subsection (9), for “other than an offence under this Act,” substitute “ , other than an offence under this Act or an offence within subsection (9A), ”.
After subsection (9) of that section insert—
Paragraph 11 of Schedule 7 to that Act (miscellaneous exemptions: self incrimination) is amended as follows.
In sub-paragraph (1), for “other than an offence under this Act,” substitute “ , other than an offence under this Act or an offence within sub-paragraph (1A), ”.
After that sub-paragraph insert—
Monetary penalties: restriction on matters to be taken into account
In section 55A of that Act (power of Commissioner to impose monetary penalties), after subsection (3) insert—
Warrant for entry and inspection
Schedule 9 to that Act (powers of entry and inspection) is amended as follows.
After sub-paragraph (1) of paragraph 1 insert—
In sub-paragraph (3) of that paragraph—
for “sub-paragraph (1)” substitute “ this Schedule ”, and
for the words from “to enter” to the end substitute
After sub-paragraph (1) of paragraph 2 insert—
In paragraph 5 for “evidence in question would not be found” substitute “ object of the warrant would be defeated ”.
In paragraph 12, at the end of paragraph (b) insert—.
After paragraph 15 add—
Minor and consequential amendments
Coroners etc
Cremation Act 1902 (c. 8)
In section 10 of the Cremation Act 1902 (saving for coroners), for “the Coroners Act 1988” substitute “ Part 1 of the Coroners and Justice Act 2009 ”.
Births and Deaths Registration Act 1926 (c. 48)
The Births and Deaths Registration Act 1926 is amended as follows.
In section 4 (prohibition of removal of body out of England without notice), for “the coroner within whose jurisdiction the body is lying” substitute “ the senior coroner in whose area the body is situated, ”.
In section 5 (burial of still-born children), for the words after “delivered to him” substitute
Visiting Forces Act 1952 (c. 67)
Section 7 of the Visiting Forces Act 1952 (provisions as to coroners' inquests etc) is amended as follows.
For subsection (1) substitute—
In subsection (2)—
for the words from “the last” to “a death” substitute “ subsections (1) to (1B) of this section, if in the course of an investigation under Part 1 of the Coroners and Justice Act 2009 into a person's death ”,
for “Secretary of State” substitute “ Lord Chancellor ”,
for the words from “adjourn the inquest” to “discharge the jury,” substitute “ suspend the investigation ”, and
for “at the inquest” substitute “ in the course of the investigation ”.
After subsection (2) insert—
For subsection (3) substitute—
In subsection (4), for the words from “the Secretary of State” to “to be held” substitute “ the Lord Chancellor under subsection (1A) or (3) of this section, an investigation is required to be conducted ”.
In subsection (5), for “section two of the said Act of 1926” substitute “ section 24 of the Births and Deaths Registration Act 1953 ”.
For subsection (7) substitute—
Births and Deaths Registration Act 1953 (c. 20)
The Births and Deaths Registration Act 1953 is amended as follows.
In section 2 (information concerning birth to be given to registrar within 42 days), in paragraph (ii) of the proviso, for “an inquest is held at which” substitute “ an investigation is conducted under Part 1 of the 2009 Act, other than one that is discontinued under section 4 of that Act (cause of death revealed by post-mortem examination), in the course of which ”.
Section 16 (information concerning death in a house) is amended as follows.
In subsection (2)—
in paragraph (a), for “any relative of the deceased person” substitute “ any person who is a relative or the partner of the deceased and who was ”,
in paragraph (b), for “any other relative of the deceased residing or being” substitute “ any person who is a relative or the partner of the deceased and who is or resides ”, and
after paragraph (b) insert—.
In subsection (3)—
in paragraph (a), for “the nearest relative such” substitute “ each such person ”,
in paragraph (b)—
for “no such relative” substitute “ no such person ”, and
for “each such relative” substitute “ each such person ”,
in paragraph (c)—
for “if there are no such relatives” substitute “ if neither of paragraphs (a) and (b) above applies ”, and
for “paragraph (c) or (d)” substitute “ paragraph (ba), (c) or (d) ”,
in paragraph (d), for “if there are no such relatives or persons as aforesaid” substitute “ if none of paragraphs (a) to (c) above applies ”, and
for “five days from the date of the death” substitute “ five days from the relevant date ”.
In that subsection, for paragraph (ii) of the proviso substitute—
After that subsection insert—
Section 17 (information concerning other deaths) is amended as follows.
In subsection (2)—
in paragraph (a), for “any relative of the deceased who” substitute “ any person who is a relative or the partner of the deceased and who ”, and
after that paragraph insert—.
In subsection (3)—
in paragraph (a), for “relative” substitute “ person ”,
in paragraph (b), for “relatives” substitute “ persons ”,
for “five days from the date of the death or of the finding of the body” substitute “ five days from the relevant date ”, and
for paragraph (ii) of the proviso substitute—
After that subsection insert—
Section 18 (notice preliminary to information of death) is amended as follows.
For the words from the beginning to “that person's death” substitute “ If, before the expiration of five days from the relevant date, a qualified informant of a person's death ”.
For the words from “accompanied by a notice” to “the cause of death,” substitute “ accompanied by a confirmed attending practitioner's certificate, or a medical examiner's certificate issued in accordance with regulations under section 20 of the 2009 Act (medical certificate of cause of death), ”.
For “from the date aforesaid” substitute “ from the relevant date ”.
At the end of that section (which becomes subsection (1)) insert—
In section 19 (registrar's power to require information concerning death), subsection (1) is amended as follows.
For the words from the beginning to “the registrar may” substitute—.
For paragraph (ii) of the proviso substitute—.
In section 20 (registration of death free of charge) omit the words from “, at any time” to “of any person,”.
Omit section 21 (registration of death after twelve months).
For section 22 substitute—
Section 23 (furnishing of information by coroner) is amended as follows.
For subsection (2) substitute—
For subsection (2A) substitute—
In subsection (3), for the words from the beginning to “stating” substitute “ Where an investigation is discontinued under section 4 of the 2009 Act by reason of an examination under section 14 of that Act (post-mortem examinations) and the senior coroner sends to the registrar a certificate stating ”.
Section 23A (giving of information concerning a death to a person other than the registrar) is amended as follows.
In subsection (2), for paragraphs (a) and (b) substitute—.
In subsection (5), after “a relative” insert “ or the partner ”.
Omit subsection (6).
In section 24 (certificates as to registration of death), in subsection (1), for “has received a certificate under section twenty-two of this Act” substitute “ has been given a confirmed attending practitioner's certificate or a medical examiner's certificate in accordance with regulations under section 20 of the 2009 Act ”.
Section 29 (correction of error in registers) is amended as follows.
After subsection (3) insert—
In paragraph (a) of subsection (4), for “touching which he has held an inquest” substitute “into which he has conducted an investigation under Part 1 of the 2009 Act (other than one that has been discontinued under section 4 of that Act)”.
Omit paragraph (b) of that subsection and the word “or” preceding it.
After section 33 insert—
In section 34 (entry in register as evidence of birth or death) omit subsection (4).
In section 41 (interpretation) insert the following definitions at the appropriate places—
At the end of that section (which becomes subsection (1)) insert—
Courts Act 1971 (c. 23)
Pensions (Increase) Act 1971 (c. 56)
Juries Act 1974 (c. 23)
In section 19 of the Juries Act 1974 (payment for jury service), in subsections (2) and (5), for “the Coroners Act 1988” substitute “ Schedule 7 to the Coroners and Justice Act 2009 ”.
Health and Safety at Work etc. Act 1974 (c. 37)
In section 34 of the Health and Safety at Work etc. Act 1974 (extension of time for bringing summary proceedings), subsection (1) is amended as follows.
In paragraph (c), for “a coroner's inquest is held touching” substitute “ an investigation under Part 1 of the Coroners and Justice Act 2009 is conducted into ”.
For the words from “from the report” to “proceedings at the inquest or” substitute “ from the report or investigation or, in a case falling within paragraph (d) above, from the proceedings at the ”.
For “report, inquest or inquiry” substitute “ report, investigation or inquiry ”.
For “conclusion of the inquest” substitute “ conclusion of the investigation ”.
House of Commons Disqualification Act 1975 (c. 24)
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices) insert the following entries at the appropriate place—
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices) insert the following entries at the appropriate place—
Magistrates' Courts Act 1980 (c. 43)
In Schedule 6A to the Magistrates' Courts Act 1980 (fines that may be altered under section 143)—
omit the entry relating to the Coroners Act 1988, and
after the entry relating to the Powers of Criminal Courts (Sentencing) Act 2000 insert—
Access to Health Records Act 1990 (c. 23)
Section 3 of the Access to Health Records Act 1990 (right of access to health records) is amended as follows.
In subsection (1) (persons entitled to access), at the end insert—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Courts and Legal Services Act 1990 (c. 41)
Judicial Pensions and Retirement Act 1993 (c. 8)
In Part 2 of Schedule 1 to the Judicial Pensions and Retirement Act 1993 (other offices that may be qualifying judicial offices), after the entry relating to the Adjudicator to Her Majesty's Land Registry there is inserted— “ Coroner for Treasure. Deputy Chief Coroner appointed by the Lord Chancellor who is not also a senior coroner ”
Merchant Shipping Act 1995 (c. 21)
The Merchant Shipping Act 1995 is amended as follows.
In section 108 (returns of births and deaths in ships etc), in subsection (6)(b), for “is satisfied that an inquest is unnecessary” substitute “ discontinues an investigation under Part 1 of the Coroners and Justice Act 2009 or, as the case may be, is satisfied that an inquest under the Coroners Act (Northern Ireland) 1959 is unnecessary ”.
In section 271 (inquiries into deaths of crew members and others), in subsection (6), for “where” to the end substitute
Section 273 (transmission of particulars of certain deaths on ships) is amended as follows.
In paragraph (a), for “or a post mortem examination” to the end substitute “ or subsection (2) below applies; and ”.
At the end of that section (which becomes subsection (1)) insert—
Employment Rights Act 1996 (c. 18)
The Employment Rights Act 1996 is amended as follows.
In section 43M (jury service), in subsection (1)(a), for “the Coroners Act 1988” substitute “ Part 1 of the Coroners and Justice Act 2009 ”.
In section 98B (jury service), in subsection (1)(a), for “the Coroners Act 1988” substitute “ Part 1 of the Coroners and Justice Act 2009 ”.
Treasure Act 1996 (c. 24)
The Treasure Act 1996 is amended as follows.
For section 7 (jurisdiction of coroners) substitute—
Section 8 (duty of finder to notify coroner) is amended as follows.
In subsection (1), for “coroner for the district in which the object was found” substitute “ Coroner for Treasure ”.
In subsection (4), for “coroner” substitute “ Coroner for Treasure ”.
For subsection (5) substitute—
After that subsection insert—
After section 8A (inserted by section 30 of this Act) insert—
For section 9 substitute—
Omit section 13.
Northern Ireland (Location of Victims' Remains) Act 1999 (c. 7)
In section 4 of the Northern Ireland (Location of Victims' Remains) Act 1999 (restrictions on forensic testing), in subsection (2), for “for the purposes of an inquest, the identity” substitute.
Freedom of Information Act 2000 (c. 36)
In section 32 of the Freedom of Information Act 2000 (court records etc), in subsection (4)(b), for “any inquest or” substitute “ any investigation under Part 1 of the Coroners and Justice Act 2009, any inquest under the Coroners Act (Northern Ireland) 1959 and any ”.
International Criminal Court Act 2001 (c. 17)
Courts Act 2003 (c. 39)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Human Tissue Act 2004 (c. 30)
The Human Tissue Act 2004 is amended as follows.
In section 1 (authorisation of activities for scheduled purposes), in subsection (2), for the words after “shall be lawful” substitute
Section 5 (prohibition of activities without consent etc) is amended as follows.
In subsection (3), for the words from “neither” to the end substitute
In subsection (4)(a)(i), for “a certificate under either of those provisions has been signed in relation to the cause of death of the person concerned” substitute “ one of the things mentioned in paragraphs (a) and (b) of that subsection has happened in relation to the death of the person concerned ”.
In section 43 (preservation for transplantation), after subsection (5) insert—
Constitutional Reform Act 2005 (c. 4)
In Schedule 14 to the Constitutional Reform Act 2005 (the Judicial Appointments Commission: relevant offices and enactments), at the end of Table 1 of Part 3 insert—
Murder and suicide
Criminal Justice Act 2003 (c. 44)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Children and Young Persons Act 1933 (c. 12)
In Schedule 1 to the Children and Young Persons Act 1933 (offences against children and young persons to which special provisions apply), after the entry relating to infanticide insert— “ An offence under section 2(1) of the Suicide Act 1961 (encouraging or assisting suicide) where the relevant act is an act capable of, and done with the intention of, encouraging or assisting the suicide of a child or young person. ”
Visiting Forces Act 1952 (c. 67)
In the Visiting Forces Act 1952—
in section 7(6) (provisions as to coroner's inquests and removal of bodies: meaning of homicide) for the words from “murder” to the end substitute, and
in paragraph 1(a) of the Schedule (offences against the person for purposes of restriction of trial by United Kingdom courts of offenders connected with visiting forces) for “of” to “commit suicide” substitute “ under section 2(1) of the Suicide Act 1961 or section 13(1) of the Criminal Justice Act (Northern Ireland) 1966 (encouraging or assisting suicide) ”.
Suicide Act 1961 (c. 60)
In Schedule 1 to the Suicide Act 1961—
in Part 1 omit the entry relating to Schedule 1 to the Children and Young Persons Act 1933 (c. 12), and
in Part 2 omit the entry relating to section 7 of the Visiting Forces Act 1952 (c. 67).
Criminal Justice Act (Northern Ireland) 1966 (c. 20)
In section 12 of the Criminal Justice Act (Northern Ireland) 1966 (suicide to cease to be a crime), for “13 and 14” substitute “ 13 to 14 ”.
Children and Young Persons Act (Northern Ireland) 1968 (c. 34)
In Schedule 1 to the Children and Young Persons Act (Northern Ireland) 1968 (offences against children and young persons to which special provisions apply), for the entry for “Aiding, abetting, counselling or procuring the suicide of a child or young person” substitute— “ An offence under section 13(1) of the Criminal Justice Act (Northern Ireland) 1966 (encouraging or assisting suicide) where the relevant act is an act capable of, and done with the intention of, encouraging or assisting the suicide of a child or young person. ”
Criminal Attempts Act 1981 (c. 47)
After section 1(4)(b) of the Criminal Attempts Act 1981 (exclusions to offence of attempting to commit an offence) insert—.
Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I. 13))
After Article 3(4)(b) of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (exclusions to offence of attempting to commit an offence) insert—.
Law Reform (Year and a Day Rule) Act 1996 (c. 19)
Section 2 of the Law Reform (Year and a Day Rule) Act 1996 (restriction on institution of proceedings for a fatal offence) is amended as follows.
For subsection (3)(b) (but not the “or” following it) substitute—.
In subsection (5) after paragraph (a) insert—.
Serious Crime Act 2007 (c. 27)
The Serious Crime Act 2007 is amended as follows.
After section 51 insert—
in Part 2, after paragraph 27 insert—, and
in Part 4, after paragraph 42 insert—
Prohibited images of children
Sexual Offences Act 2003 (c. 42)
Schedule 3 to the Sexual Offences Act 2003 (sexual offences in respect of which offender becomes subject to notification requirements) is amended as follows.
After paragraph 35A insert—
Paragraphs 92A to 92V, as inserted by Article 13 of the Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), are renumbered as paragraphs 92B to 92W of that Schedule (and are to be regarded as so inserted after paragraph 92A as inserted by paragraph 58(3) of Schedule 26 to the Criminal Justice and Immigration Act 2008 (c. 4)).
After paragraph 92W insert—
In paragraphs 93(1) and 93A(1) (service offences) for “35A” substitute “ 35B ”.
Criminal Justice Act 2003 (c. 44)
In Schedule 34A to the Criminal Justice Act 2003 (child sex offences for purposes of provisions about disclosure of information to the public), after paragraph 13 insert—
Armed Forces Act 2006 (c. 52)
In Schedule 2 to the Armed Forces Act 2006 (offences), after paragraph 12(au) add—
Abolition of common law libel offences etc
Criminal Libel Act 1819 (60 Geo. 3 & 1 Geo. 4 c. 8)
In section 1 of the Criminal Libel Act 1819 (power of court to make order for seizure of copies of libel)—
after “In every case” insert “ in Northern Ireland ”, and
omit from “, or any seditious libel” to “means”.
This paragraph does not extend to Scotland.
Libel Act 1843 (c. 96)
In section 7 of the Libel Act 1843 (evidence to rebut prima facie case of publication by agent)—
after “Whensoever” insert “ in Northern Ireland ”, and
before “libel” insert “ blasphemous ”.
Newspaper Libel and Registration Act 1881 (c. 60)
In section 4 of the Newspaper Libel and Registration Act 1881 (inquiry by court of summary jurisdiction as to libel being for public benefit etc)—
after “jurisdiction” insert “ in Northern Ireland ”,
before “libel” (in first place it occurs) insert “ blasphemous ”, and
omit from “as to the publication” to “malice, and”.
Law of Libel Amendment Act 1888 (c. 64)
In section 8 of the Law of Libel Amendment Act 1888 (order of Judge required for prosecution of newspaper proprietor etc)—
after “commenced” insert “ in Northern Ireland ”, and
before “libel” insert “ blasphemous ”.
Witness anonymity orders
Criminal Appeal Act 1968 (c. 19)
In section 31 of the Criminal Appeal Act 1968 (powers of Court which are exercisable by single judge), after subsection (2E) insert—
Court Martial Appeals Act 1968 (c. 20)
In section 36 of the Court Martial Appeals Act 1968 (powers of Court which are exercisable by single judge), in subsection (1), after paragraph (j) (as inserted by Schedule 8 to the Armed Forces Act 2006 (c. 52)) insert—.
Criminal Appeal (Northern Ireland) Act 1980 (c. 47)
In section 45 of the Criminal Appeal (Northern Ireland) Act 1980 (powers of Court which are exercisable by single judge), after subsection (3D) insert—
Vulnerable and intimidated witnesses
Crime and Disorder Act 1998 (c. 37)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Youth Justice and Criminal Evidence Act 1999 (c. 23)
Bail
Bail Act 1976 (c. 63)
In the Bail Act 1976—
in section 7 (liability to arrest for absconding or breaking conditions of bail), after subsection (7) add—
Magistrates' Courts Act 1980 (c. 43)
In section 117 of the Magistrates' Courts Act 1980 (warrant endorsed for bail), after subsection (1) insert—
Supreme Court Act 1981 (c. 54)
In section 81 of the Supreme Court Act 1981 (granting of bail by the Crown Court)—
after subsection (1)(g) insert—
in subsection (5) for “either” to the end substitute
Police and Criminal Evidence Act 1984 (c. 60)
In section 38 of the Police and Criminal Evidence Act 1984 (duties of custody officer after charge), after subsection (1)(b) add—
Crime and Disorder Act 1998 (c. 37)
Sentencing Council for England and Wales
Parliamentary Commissioner Act 1967 (c. 13)
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation), after the entry for the Security Industry Authority insert—
Magistrates' Courts Act 1980 (c. 43)
In section 19 of the Magistrates' Courts Act 1980 (decision as to allocation), as substituted by Schedule 3 to the Criminal Justice Act 2003 (c. 44), in subsection (3) for “170 of the Criminal Justice Act 2003” substitute “ 122 of the Coroners and Justice Act 2009 ”.
Crime and Disorder Act 1998 (c. 37)
In Schedule 3 to the Crime and Disorder Act 1998 (procedure where persons are sent for trial under section 51 of that Act), in paragraph 9(3), as substituted by Schedule 3 to the Criminal Justice Act 2003, for “170 of the Criminal Justice Act 2003” substitute “ 122 of the Coroners and Justice Act 2009 ”.
Freedom of Information Act 2000 (c. 36)
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities: other public bodies and offices), after the entry for the Senior Salaries Review Body insert—
Criminal Justice Act 2003 (c. 44)
The Criminal Justice Act 2003 is amended as follows.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 330 (orders and rules), in subsection (1), after paragraph (b) add—
In Schedule 38 (transitory, transitional and saving provisions), omit paragraphs 2 and 3.
Armed Forces Act 2006 (c. 52)
In section 259 of the Armed Forces Act 2006 (sentencing guidelines), for subsection (5) substitute—
Disqualification for driving
Road Traffic Offenders Act 1988 (c. 53)
The Road Traffic Offenders Act 1988 is amended as follows.
In section 34 (disqualification for certain offences), after subsection (4A) insert—
In section 34A (as substituted by section 35 of the Road Safety Act 2006 (c. 49)) (reduced disqualification for attendance on courses)—
in subsection (1)(b), after “months” insert “ (disregarding any extension period added pursuant to section 35A or 35C) ”,
in subsection (5), after “of this Act” insert “ (disregarding any extension period added pursuant to section 35A or 35C) ”,
in subsection (6), after “order”, in first place it occurs, insert “ (but including any extension period added pursuant to section 35A or 35C) ”, and
after subsection (7) insert—
In section 34B (as so substituted) (certificates of completion of courses)—
in subsection (1), for “unreduced period” substitute “ total unreduced period of disqualification ”,
in subsection (2)—
for “unreduced period” substitute “ total unreduced period of disqualification ”, and
for “reduced period”, in both places it occurs, substitute “ the total reduced period of disqualification ”, and
after subsection (11) add—
In section 34D (as inserted by section 15 of the Road Safety Act 2006) (reduced disqualification period: alcohol ignition interlock programme orders)—
in subsection (1)(d), after “section” insert “ and disregarding any extension period added pursuant to section 35A or 35C ”,
in subsection (3), after “specify” insert “ as the period of disqualification under section 34 (disregarding any extension period added pursuant to section 35A or 35C) ”,
after subsection (5) insert—,
in subsection (6)—
in paragraph (a), for “unreduced period” substitute “ total unreduced period of disqualification ”, and
in paragraph (b), for “reduced period” substitute “ total reduced period of disqualification ”, and
after that subsection insert—
In section 35 (disqualification for repeated offences)—
in subsection (2), in the words following paragraph (b), after “offender is” insert “ , subject to subsection (2A), ”, and
after subsection (2) insert—
In section 37 (effect of order of disqualification)—
in subsection (1A)(a), after “56 days” insert “ (disregarding any extension period) ”,
in subsection (1A), after “period of disqualification” insert “ (including any extension period) ”, and
after subsection (1A) insert—
In section 42 (removal of disqualification)—
in subsection (3)—
for “the date of the order by which the disqualification was imposed” substitute “ the relevant date ”,
in paragraph (a), after “four years” insert “ (disregarding any extension period) ”, and
in paragraph (b), for “period of disqualification, if it is” substitute “ period of disqualification (disregarding any extension period), if the disqualification is (disregarding any extension period) ”,
after subsection (3) insert—, and
after subsection (3A) (as inserted by paragraph (b)), insert—
In section 47 (supplementary provisions as to disqualification and endorsements)—
in subsection (2) (as substituted by paragraph 44(2) of Schedule 3 to the Road Safety Act 2006 (c. 49)), after “or more” insert “ (disregarding any extension period) ”, and
after subsection (2), insert—
Criminal Procedure (Scotland) Act 1995 (c. 46)
In section 248C of the Criminal Procedure (Scotland) Act 1995 (application of sections 248A and 248B), omit subsection (3).
Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/1320 (N.I. 10))
The Road Traffic Offenders (Northern Ireland) Order 1996 is amended as follows.
In Article 35(4) (disqualification for certain offences), in sub-paragraph (b) after “or more” insert “ (disregarding any extension period added pursuant to Article 40A or Article 91A of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1))) ”.
In Article 36 (reduced disqualification period for attendance on courses)—
in paragraph (1)(b), after “months” insert “ (disregarding any extension period added pursuant to Article 40A) ”,
in paragraph (2), after “Article 35” insert “ (disregarding any extension period added pursuant to Article 40A) (“the unreduced period”) ”,
in paragraph (3), after “Article 35”, in both places it occurs, insert “ (disregarding any extension period added pursuant to Article 40A) ”,
after that paragraph insert—, and
in paragraph (5), at the end insert “ but including any extension period added pursuant to Article 40A. ”
In Article 37 (certificates of completion of courses)—
in paragraph (1), for “period of disqualification imposed under Article 35” substitute “ total unreduced period of disqualification ”,
in paragraph (2)—
for “period of disqualification imposed under Article 35” substitute “ total unreduced period of disqualification ”,
for “end of the period as it would have been reduced by the order” substitute “ total reduced period of disqualification ”, and
for “reduced period” substitute “ the total reduced period of disqualification ”, and
after that paragraph insert—
In Article 38A (as inserted by Article 60 of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)) (reduced disqualification period: alcohol ignition interlock programme orders)—
in paragraph (1)(d), after “Article” insert “ and disregarding any extension period added pursuant to Article 40A ”,
in paragraph (3), after “specify” insert “ as the period of disqualification under Article 35 (disregarding any extension period added pursuant to Article 40A) ”,
after paragraph (5) insert—,
in paragraph (6)—
in sub-paragraph (a), for “unreduced period” substitute “ total unreduced period of disqualification ”, and
in sub-paragraph (b), for “reduced period” substitute “ total reduced period of disqualification ”, and
after that paragraph insert—
In Article 40(3) (disqualification for repeated offences), after “or more” insert “ (disregarding any extension period added pursuant to Article 40A or Article 91A of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1))) ”.
In Article 42 (effect of order of disqualification)—
in paragraph (2)(a), after “56 days” insert “ (disregarding any extension period) ”,
in paragraph (2), after “period of disqualification” insert “ (including any extension period) ”, and
after paragraph (2) insert—
In Article 47 (removal of disqualification)—
in paragraph (3)—
for “the date of the order by which the disqualification was imposed” substitute “ the relevant date ”,
in sub-paragraph (a), after “4 years” insert “ (disregarding any extension period) ”, and
in sub-paragraph (b), for “period of disqualification, if it is” substitute “ period of disqualification (disregarding any extension period), if the disqualification is (disregarding any extension period) ”,
after paragraph (3) insert—, and
after paragraph (3A) (as inserted by paragraph (b)), insert—
In Article 52 (supplementary provisions as to disqualification and endorsements)—
in paragraph (2), after “or more” insert “ (disregarding any extension period) ”, and
after paragraph (2), insert—
Crime (International Co-operation) Act 2003 (c. 32)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Miscellaneous
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Criminal Justice Act 2003 (c. 44)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Animal Welfare Act 2006 (c. 45)
Section 8(6) of the Animal Welfare Act 2006 (penalties for offences relating to provision of information society services) ceases to have effect.
Legal Services Act 2007 (c. 29)
In Schedule 23 to the Legal Services Act 2007 (repeals), in the second column of the entry for the Constitutional Reform Act 2005 (c. 4), omit “1(2),”.
Criminal Justice and Immigration Act 2008 (c. 4)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Transitional, transitory and saving provisions
Coroners etc
Coroner areas
Where an order is made under section 182(4) bringing into force the repeal of sections 1 to 7 of the 1988 Act (coroners, coroners' districts and deputy coroners), the Lord Chancellor must make an order under paragraph 1 of Schedule 2—The order made by virtue of this sub-paragraph is referred to in this Schedule as the “transitional order”.
specifying as a coroner area the area of each coroner's district immediately before the repeal, and
coming into force at the same time as the repeal.
Paragraph 1(2) of Schedule 2 does not apply to the coroner areas specified in the transitional order.
The transitional order must specify, as the name of each coroner area, the name by which the corresponding coroner's district was known (but ending “coroner area” instead of “coroner's district”).
The transitional order must, in relation to each coroner area, contain the provision that may be made under paragraph 2(1)(b) of Schedule 3 (minimum number of assistant coroners).
An order under paragraph 2 of Schedule 2 (alteration of coroner areas) may combine two or more coroner areas each of which—without the resulting coroner area having to satisfy paragraph 1(2) of that Schedule.
is wholly within the area of the same local authority, and
is specified in either—
the transitional order, or
an earlier order made by virtue of this paragraph,
Relevant authorities
For the purposes of this Part, the “relevant authority” for each coroner area specified in the transitional order is the authority that was the relevant council under the 1988 Act for the corresponding coroner's district.
This paragraph does not apply in relation to a coroner area specified in any subsequent order under Schedule 2.
Senior and assistant coroners
A person who—is to be treated as having been appointed under paragraph 1(1) of Schedule 3 as the senior coroner for the corresponding coroner area.
immediately before the repeal was the coroner for a district, and
would, but for the repeal, continue in office,
A person who—is to be treated as having been appointed under paragraph 2(4) of Schedule 3 as an assistant coroner for the corresponding coroner area.
immediately before the repeal was the deputy coroner or an assistant deputy coroner appointed by the coroner for a district, and
would, but for the repeal, continue in office,
A person who—is instead entitled to a salary under paragraph 15 of that Schedule if immediately before becoming an assistant coroner he or she was a deputy coroner remunerated by a salary.
becomes an assistant coroner as the result of sub-paragraph (3), and
would accordingly (but for this sub-paragraph) be entitled to fees under paragraph 16 of Schedule 3,
Paragraphs 15(6) and 17 of Schedule 3 have effect as if a reference to an area coroner included a reference to a person within sub-paragraph (4).
Paragraphs 3 and 4 of Schedule 3 do not apply in relation to a deemed appointment under sub-paragraph (2) or (3) above.
Paragraph 10 of that Schedule does not apply to a person who becomes a senior coroner, area coroner or assistant coroner as the result of sub-paragraph (2) or (3) above.
Sub-paragraphs (9) to (11) apply where an order under paragraph 2 of Schedule 2 has the effect of creating a coroner area (“the new area”) that consists of or includes some or all of the area of one or more existing coroner areas (“the old areas”).
A person who does not meet the criteria in paragraph 3 of Schedule 3, or who falls within paragraph 4 of that Schedule, may nevertheless become the senior coroner or an area coroner for the new area at its inception if he or she is someone who—
was treated by virtue of sub-paragraph (2) above as having been appointed as the senior coroner for one of the old areas, and
held office as such immediately before the inception of the new area.
A person who does not meet the criteria in paragraph 3 of Schedule 3, or who falls within paragraph 4 of that Schedule, may nevertheless become an assistant coroner for the new area at its inception if he or she is someone who—
was treated by virtue of sub-paragraph (2) or (3) above as having been appointed as the senior coroner or an assistant coroner for one of the old areas, and
held office as such immediately before the inception of the new area.
Paragraph 10 of that Schedule does not apply to—
a person within paragraphs (a) and (b) of sub-paragraph (9) above who becomes the senior coroner for the new area at its inception;
a person within paragraphs (a) and (b) of sub-paragraph (10) above who becomes an assistant coroner for the new area at its inception.
Coroner for Treasure
In the case of the first appointment to the office of Coroner for Treasure, paragraph 2(b) of Schedule 4 does not apply to a person holding office as a coroner, deputy coroner or assistant deputy coroner under the 1988 Act on the coming into force of that Schedule.
Investigation by former coroner
A person who—is to be treated for the purposes of paragraph 3(3) of Schedule 10 as having held office as a senior coroner.
was appointed as a coroner under section 1 of the 1988 Act, and
ceased to hold office as such before the coming into force of the repeal by this Act of that section,
Interpretation
In this Part—“the 1988 Act” means the Coroners Act 1988 (c. 13);“coroner's district” or “district” means a coroner's district for the purposes of the 1988 Act;“corresponding coroner area”, in relation to a district, means the coroner area that (by virtue of the transitional order) has the same area as that district;“corresponding coroner's district”, in relation to a coroner area, means the coroner's district whose area becomes (by virtue of the transitional order) the area of that coroner area;“transitional order” means the order made by virtue of paragraph 1(1).
Criminal offences
Commencement of Chapter 1 of Part 2
No provision of Chapter 1 of Part 2 affects the operation of—in relation to offences committed wholly or partly before the commencement of the provision in question.
any rule of the common law, or
any provision of an Act or of subordinate legislation,
For the purposes of this paragraph an offence is partly committed before a particular time if—
a relevant event occurs before that time, and
another relevant event occurs at or after that time.
“Relevant event” in relation to an offence means any act, omission or other event (including any consequence of an act) proof of which is required for conviction of the offence.
Suicide
The reference to “aiding, abetting, counselling or procuring suicide” in the following enactments is to be read as including a reference to “an offence under section 2(1) of the Suicide Act 1961 (encouraging or assisting suicide) in connection with the death of a person”—
section 70(4) of the Army Act 1955 (3 & 4 Eliz. 2 c. 18);
section 70(4) of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19);
section 48(2) of the Naval Discipline Act 1957 (c. 53).
Until such time as the following provisions of the Coroners Act 1988 (c. 13) are repealed by this Act, they have effect with the following amendments—
in section 16(1)(a)(iii) for “consisting of aiding, abetting, counselling or procuring the suicide of the deceased” substitute “ (encouraging or assisting suicide) in connection with the death of the deceased ”,
in section 17(1)(c) for “consisting of aiding, abetting, counselling or procuring the suicide of another” substitute “ (encouraging or assisting suicide) in connection with a death ”, and
in section 17(2)(c) for “consisting of aiding, abetting, counselling or procuring the suicide of another” substitute “ (encouraging or assisting suicide) in connection with a death ”.
In this paragraph—“old offence” means an offence under section 2(1) of the Suicide Act 1961 as that section had effect before the section 59 commencement date, or an attempt to commit such an offence;“new offence” means an offence under section 2(1) of that Act as that Act is amended by section 59 of this Act.
Sub-paragraph (3) applies where—
a person (“the defendant”) is charged in respect of the same conduct with both an old offence and a new offence,
the only thing preventing the defendant from being found guilty of the new offence is the fact that it has not been proved beyond reasonable doubt that the offence was committed wholly after the section 59 commencement date, and
the only thing preventing the defendant from being found guilty of the old offence is the fact that it has not been proved beyond reasonable doubt that the offence was committed wholly or partly before the section 59 commencement date.
For the purpose of determining the guilt of the defendant it is to be conclusively presumed that the offence was committed wholly or partly before the section 59 commencement date.
In this paragraph—“old offence” means an offence under section 13(1) of the Criminal Justice Act (Northern Ireland) 1966 (c. 20) as that section had effect before the section 60 commencement date, or an attempt to commit such an offence;“new offence” means an offence under section 13(1) of that Act as that Act is amended by section 60 of this Act.
Sub-paragraph (3) applies where—
a person (“the defendant”) is charged in respect of the same conduct with both an old offence and a new offence,
the only thing preventing the defendant from being found guilty of the new offence is the fact that it has not been proved beyond reasonable doubt that the offence was committed wholly after the section 60 commencement date, and
the only thing preventing the defendant from being found guilty of the old offence is the fact that it has not been proved beyond reasonable doubt that the offence was committed wholly or partly before the section 60 commencement date.
For the purpose of determining the guilt of the defendant it is to be conclusively presumed that the offence was committed wholly or partly before the section 60 commencement date.
Prohibited images of children
In section 66(3)(a) in its application in relation to England and Wales the reference to the general limit in a magistrates’ court is to be read as a reference to 6 months in relation to an offence committed before 2 May 2022.
The Schedules mentioned in subsections (1)(b) and (2)(b) of section 67, as applied by virtue of that section, have effect in relation to property regardless of when it was lawfully seized.
Slavery, servitude and forced or compulsory labour
In the definition of “the relevant period” in section 71(4), as it extends to England and Wales, the reference to 12 months is to be read as a reference to 6 months in relation to an offence committed before 2 May 2022.
Criminal evidence, investigations and procedure
Anonymity in investigations
In section 76(12)(a) the reference to the general limit in a magistrates’ court is to be read as a reference to 6 months in relation to an offence committed before 2 May 2022.
Notwithstanding subsection (4)(a) of section 84, references in that section to a service offence are to be treated as including a reference to—
an offence under Part 2 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18), Part 2 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or Part 1 of the Naval Discipline Act 1957 (c. 53),
an offence under paragraph 4(6) of Schedule 5A to the Army Act 1955 or the Air Force Act 1955 or of Schedule 4A to the Naval Discipline Act 1957,
an offence under section 47K of the Naval Discipline Act 1957,
Notwithstanding subsection (4)(b) of section 84, references in that section to a charge are to be treated as including a reference to a charge that is not brought under Part 5 of the Armed Forces Act 2006 but is to be regarded for the purposes of Part 5 as allocated for Court Martial trial, summary hearing or (as the case may be) Service Civilian Court trial.
Anonymity of witnesses
The following provisions of this paragraph apply in relation to witness anonymity orders made under the 2008 Act before 1 January 2010.
Where section 91 or 92 of this Act has effect for the purposes of discharging or varying a witness anonymity order made under the 2008 Act, the definition in that section of “the relevant time” is to be treated as including, in a case where a previous application has been made under section 6 of the 2008 Act, the time when the application under section 6 (or the last application under section 6) was made.
Where an appeal court's consideration of a relevant appeal commences on or after 1 January 2010, the reference in section 11(2)(b)(i) to the 2008 Act is to be treated as a reference to Chapter 2 of Part 3 of this Act.
In this paragraph—“appeal court” has the meaning given by section 11 of the 2008 Act;“relevant appeal” means an appeal against conviction in relation to which that section applies.
Section 92 of this Act has effect with the modifications made by this paragraph for the purposes of discharging or varying—
a witness anonymity order made under the Criminal Evidence (Witness Anonymity) Act 2008 (c. 15) by a court-martial constituted under the Army Act 1955 (3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or the Naval Discipline Act 1957 (c. 53), or
a witness anonymity order made under Chapter 2 of Part 3 of this Act by a court-martial constituted under any of those Acts.
until the coming into force of section 154(1) of the Armed Forces Act 2006 (c. 52), as references to a court-martial constituted under the Army Act 1955, the Air Force Act 1955 or, as the case may be, the Naval Discipline Act 1957, and
after the coming into force of section 154(1) of the Armed Forces Act 2006, as references to the Court Martial established by that Act.
Section 92 has effect with the modifications made by this paragraph for the purposes of discharging or varying a witness anonymity order made under the Criminal Evidence (Witness Anonymity) Act 2008 by—
a Summary Appeal Court established by the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957, or
a Standing Civilian Court established under the Armed Forces Act 1976 (c. 52).
where the order was made by a Summary Appeal Court, as references to the Summary Appeal Court established by the Armed Forces Act 2006 (c. 52), and
where the order was made by a Standing Civilian Court, as references to the Service Civilian Court established by the Armed Forces Act 2006.
Notwithstanding section 97, references in Chapter 2 of Part 3 of this Act to a service court are to be treated as including a reference to—
a court-martial constituted under the Army Act 1955 (3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or the Naval Discipline Act 1957 (c. 53);
the Summary Appeal Court established by any of those Acts;
a Standing Civilian Court established under the Armed Forces Act 1976;
the Courts-Martial Appeal Court.
Notwithstanding subsection (6) of section 93 of this Act, the references in section 93 to an appeal court are to be treated as including a reference to the Courts-Martial Appeal Court.
Each of the provisions mentioned in sub-paragraph (4) has effect with the modification set out in that sub-paragraph in a case where—
a witness anonymity order is made under Chapter 2 of Part 3 of this Act by a relevant service court to which that provision applies, and
a person does anything in relation to the order which would, if the court had been a court of law having power to commit for contempt, have been contempt of that court.
In such a case—
section 101(1) of the Army Act 1955 has effect with the omission of the words “not subject to military law”,
section 101(1) of the Air Force Act 1955 has effect with the omission of the words “not subject to air-force law”, and
section 65(1) of the Naval Discipline Act 1957 has effect with the omission of the words “not subject to this Act”.
In sub-paragraph (3) “relevant service court” means—
a court-martial constituted under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957;
the Summary Appeal Court established by any of those Acts.
Notwithstanding section 97, references in Chapter 2 of Part 3 of this Act to a service offence are to be treated as including a reference to—
an offence under Part 2 of the Army Act 1955, Part 2 of the Air Force Act 1955 or Part 1 of the Naval Discipline Act 1957,
an offence under paragraph 4(6) of Schedule 5A to the Army Act 1955 or the Air Force Act 1955 or of Schedule 4A to the Naval Discipline Act 1957,
an offence under section 47K of the Naval Discipline Act 1957,
Vulnerable and intimidated witnesses
the variation under section 20 of the Youth Justice and Criminal Evidence Act 1999 (c. 23) of a special measures direction that was given in relation to a witness before the commencement of the amendment, and
the giving of a new special measures direction in relation to a witness (including the giving of a new direction in a case where a special measures direction given in relation to the witness in question has been discharged under section 20 of the Youth Justice and Criminal Evidence Act 1999 after the commencement of the amendment).
In this paragraph, “special measures direction” means a direction under section 19 of the Youth Justice and Criminal Evidence Act 1999.
Evidence of previous complaint
Section 112 does not have effect in relation to trials or hearings begun before the commencement of that section.
Indictment of offenders
For the purposes of any proceedings before a court (including proceedings on an appeal to the court) after the passing of this Act, the amendments in subsections (1) and (2) of section 116 are to be deemed always to have had effect.
For the purposes of sub-paragraph (1), it is immaterial whether the proceedings were begun before or after the passing of this Act.
Sentencing
Sentencing Council for England and Wales
Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of sub-paragraph (1) to have been committed on the last of those days.
Without prejudice to the generality of section 177, an order under subsection (3) of that section made by the Lord Chancellor may provide—
for the Sentencing Council for England and Wales to exercise any function conferred on the Sentencing Guidelines Council by any provision of Chapter 1 of Part 12 of the Criminal Justice Act 2003 (c. 44) pending the repeal of the provision in question by this Act;
for existing guidelines which have effect immediately before the coming into force of section 125(1) to be treated as guidelines issued by the Sentencing Council for England and Wales under this Act;
that, in relation to the sentencing of persons for offences committed before the coming into force of section 125(1), any provision of Chapter 1 of Part 12 of the Criminal Justice Act 2003 repealed by this Act continues to have effect with such modifications as are specified in the order.
“Existing guidelines” means—
sentencing or allocation guidelines issued as definitive guidelines under section 170 of the Criminal Justice Act 2003;
guidelines with respect to sentencing which were included in any judgment of the Court of Appeal given before 27 February 2004 and have not been superseded by sentencing guidelines so issued.
Driving disqualification
No provision of Schedule 16 applies in relation to, or has effect by reference to, offences committed wholly or partly before the commencement of the provision in question.
An offence is partly committed before the commencement of a provision if—
a relevant event occurs before commencement, and
another relevant event occurs on or after commencement.
“Relevant event” in relation to an offence means any act or other event (including any consequence of an act) proof of which is required for conviction of the offence.
During the transitory period, the Road Traffic Offenders Act 1988 (c. 53) has effect with the amendments made by paragraphs 31 to 33.
The transitory period is—
in the case of paragraph 31 or 32, the period beginning with the coming into force of the paragraph and ending with the coming into force of section 35 of the Road Safety Act 2006 (c. 49) (which substitutes sections 34A to 34C of the Road Traffic Offenders Act 1988 (c. 53));
in the case of paragraph 33, the period beginning with the coming into force of the paragraph and ending with the coming into force of paragraph 44(2) of Schedule 3 to the Road Safety Act 2006.
In section 34A (reduced disqualification period for attendance on courses)—
in subsection (1)(b), after “months” insert “ (disregarding any extension period added pursuant to section 35A or 35C) ”,
in subsection (2), after “section 34” insert “ (disregarding any extension period added pursuant to section 35A or 35C) (“the unreduced period”) ”,
in subsection (3), after “section 34”, in both places it occurs, insert “ (disregarding any extension period added pursuant to section 35A or 35C) ”,
after that subsection insert—, and
in subsection (5), at the end insert “ but including any extension period added pursuant to section 35A or 35C. ”
In section 34B (certificates of completion of courses)—
in subsection (1), for “period of disqualification imposed under section 34” substitute “ total unreduced period of disqualification ”,
in subsection (2)—
for “period of disqualification imposed under section 34” substitute “ total unreduced period of disqualification ”,
for “end of the period as it would have been reduced by the order” substitute “ total reduced period of disqualification ”, and
for “reduced period” substitute “ total reduced period of disqualification ”, and
after that subsection insert—
In section 47(2) (supplementary provisions as to disqualification and endorsement) after “or more” insert “ (disregarding any extension period) ”.
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Dangerous offenders
The amendments made by section 138 have effect in relation only to offences committed on or after the day that section comes into force.
Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of sub-paragraph (1) to have been committed on the last of those days.
The amendments made by section 139 have effect in relation only to offences committed on or after the day that section comes into force.
Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of sub-paragraph (1) to have been committed on the last of those days.
Confiscation orders
Miscellaneous
Treatment of convictions in other member States etc
No provision of paragraph 1, 2 or 13 to 18 of Schedule 17 has effect in relation to trials or hearings begun before the commencement of that provision.
No provision of paragraph 6, 8, 10 or 12 of that Schedule has effect in relation to any sentence passed in relation to a conviction for an offence committed before the coming into force of that provision.
Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of sub-paragraph (1) to have been committed on the last of those days.
No provision of paragraph 7, 9 or 11 of that Schedule has effect in relation to any sentence passed in relation to a conviction for a service offence committed before the coming into force of that provision.
Where a service offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of sub-paragraph (1) to have been committed on the last of those days.
For the purposes of this paragraph—
“service offence” has the meaning given in section 50(2) of the Armed Forces Act 2006 (c. 52), and
subsections (1) to (3) of section 376 of that Act apply as they apply in relation to that Act.
Transfer of functions to Parole Board
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Knives in court buildings etc
No provision of section 146 has effect in relation to property which was surrendered or seized before the coming into force of that provision.
No provision of section 147 has effect in relation to property which was surrendered or seized before the coming into force of that provision.
Criminal memoirs etc
Assessment notices
Assessment of dangerousness and service offences
Repeals
Coroners etc
Criminal offences
In Schedule 1—in Part 1, the entry relating to the Children and Young Persons Act 1933, and in Part 2, the entry relating to section 7 of the Visiting Forces Act 1952.
In section 10—in subsection (1), “, or subject to any criminal liability,”, in subsection (2)(a), “in the case of liability in damages”, in subsection (3), “, or subject to any criminal liability,”, in subsection (4)(a), “in the case of liability in damages”, in subsection 6(a), “, or subject to any criminal liability,”, and in subsection (8), “and criminal liability”.
Criminal evidence and procedure
In section 2—in subsection (2), from “, and where” to “the bill,”, in subsection (2), from “Provided” to the end, and in subsection (3), “has been signed by the proper officer of the court”.
In section 57C—subsection (7), in subsection (8), “before or”, and in subsection (9), paragraph (a) and the “and” following it.
In section 57D—subsection (2)(b), and in subsection (3), paragraph (a) and the “and” following it.
In section 57E—in subsection (5), paragraph (a) and the “and” following it, and in subsection (7), paragraph (a) and the “and” following it.
In section 21—subsection (1)(b), in subsection (4), the “and” following paragraph (b), and subsections (5) to (7).
In section 27—in subsection (7)(a), from “if there” to “relevant time,”, subsection (8), and in subsection (9), from “and, if” to the end.
Sentencing
In section 176, the definitions of—“allocation guidelines”,“the Council”,“the Panel”, and“sentencing guidelines”.
Miscellaneous criminal justice provisions
In Schedule 1—in the list headed “Other Bodies”, the entry for employment as a member of the staff of the Commissioner for Victims and Witnesses, and in the list headed “Offices”, the entries for the Commissioner for Victims and Witnesses and the Deputy Commissioner for Victims and Witnesses.
Legal aid
Criminal memoirs etc
Data Protection Act 1998
Miscellaneous