Explanatory Notes

Coroners and Justice Act 2009

2009 CHAPTER 25

12 November 2009

The Act

Commentary on Sections

Part 3 - Criminal evidence, investigations and procedure
Chapter 1: Anonymity in investigations
Section 74: Qualifying offences

412.Subsection (1) stipulates that an offence is a qualifying offence if it is listed in subsection (2) and the condition in subsection (3) is satisfied in relation to it. The offences listed in subsection (2) are murder and manslaughter, and the condition in subsection (3) is that the death was caused by being shot with a firearm, and/or by being injured with a knife. The purpose of defining qualifying offence in this way is to limit investigation anonymity orders so that they are available only in respect of investigations concerning suspected homicides (murder and manslaughter) where death was caused by a gun and/or a knife.

413.Subsection (4) gives power to the Secretary of State to amend subsections (2) and (3) by order so as to alter what is a qualifying offence. The order making power is subject to the affirmative resolution procedure (see section 176(4)(a) and (5)(c)).