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Coroners and Justice Act 2009

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Schedules

Section 11

Schedule 1E+W+S+N.I.Duty or power to suspend or resume investigations

Part 1 E+W+S+N.I.Suspension of investigations

Suspension where certain criminal charges may be broughtE+W

1(1)A senior coroner must suspend an investigation under this Part of this Act into a person's death in the following cases.E+W

(2)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)a homicide offence involving the death of the deceased, or

(b)an offence (other than a service offence) that is alleged to be a related offence.

(3)The second case is where a Provost Marshal or the Director of Service Prosecutions requests the coroner to suspend the investigation on the ground that a person may be charged with—

(a)the service equivalent of a homicide offence involving the death of the deceased, or

(b)a service offence that is alleged to be a related offence.

(4)Subject to paragraphs 2 and 3, a suspension of an investigation under this paragraph must be for—

(a)a period of 28 days beginning with the day on which the suspension first takes effect, or

(b)whatever longer period (beginning with that day) the coroner specifies.

(5)The period referred to in sub-paragraph (4) may be extended or further extended—

(a)in the first case, at the request of the authority by which the suspension was originally requested;

(b)in the second case, at the request of—

(i)the Provost Marshal by whom the suspension was originally requested, or

(ii)the Director of Service Prosecutions.

(6)In this Act—

  • homicide offence” means—

    (a)

    murder, manslaughter, corporate manslaughter or infanticide;

    (b)

    an offence under any of the following provisions of the Road Traffic Act 1988 (c. 52)—

    (i)

    section 1 (causing death by dangerous driving);

    (ii)

    section 2B (causing death by careless, or inconsiderate, driving);

    (iii)

    section 3ZB (causing death by driving: unlicensed F1... or uninsured drivers);

    (iiia)

    [F2section 3ZC (causing death by driving: disqualified drivers);]

    (iv)

    section 3A (causing death by careless driving when under the influence of drink or drugs);

    (c)

    an offence under section 2(1) of the Suicide Act 1961 (c. 60) (encouraging or assisting suicide);

    (d)

    an offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (c. 28) [F3of causing or allowing the death of a child or vulnerable adult];

  • related offence” means an offence (including a service offence) that—

    (a)

    involves the death of the deceased, but is not a homicide offence or the service equivalent of a homicide offence, or

    (b)

    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.

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Amendments (Textual)

F1Word in Sch. 1 para. 1(6) omitted (13.4.2015) by virtue of Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 6 para. 12(2) (with s. 29(5)); S.I. 2015/778, art. 3, Sch. 1 para. 75

Commencement Information

I1Sch. 1 para. 1 in force at 25.7.2013 by S.I. 2013/1869, art. 2(h)

Suspension where certain criminal proceedings are broughtE+W

2(1)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.E+W

(2)The first case is where the coroner—

(a)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

(b)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.

(3)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.

(4)The third case is where a prosecuting authority informs the coroner that a person—

(a)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

(b)has been charged on an indictment with such an offence without having been sent for trial for it,

and the prosecuting authority requests the coroner to suspend the investigation.

(5)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.

(6)The coroner need not suspend the investigation—

(a)in the first case, if a prosecuting authority informs the coroner that it has no objection to the investigation continuing;

(b)in the second case, if the Director of Service Prosecutions informs the coroner that he or she has no objection to the investigation continuing;

(c)in any case, if the coroner thinks that there is an exceptional reason for not suspending the investigation.

(7)In the case of an investigation that is already suspended under paragraph 1—

(a)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;

(b)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;

(c)a reference above in this paragraph to suspending an investigation is to be read as a reference to continuing the suspension of an investigation;

(d)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).

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Commencement Information

I2Sch. 1 para. 2 in force at 25.7.2013 by S.I. 2013/1869, art. 2(h)

Suspension pending inquiry under Inquiries Act 2005E+W+S+N.I.

3(1)Subject to sub-paragraph (2), a senior coroner must suspend an investigation under this Part of this Act into a person's death if—E+W

(a)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,

(b)a senior judge has been appointed under that Act as chairman of the inquiry, and

(c)the Lord Chief Justice has indicated approval to the Lord Chancellor, for the purposes of this paragraph, of the appointment of that judge.

In paragraph (b) “senior judge” means a judge of the High Court or the Court of Appeal or a Justice of the Supreme Court.

(2)The coroner need not suspend the investigation if there appears to be an exceptional reason for not doing so.

(3)In the case of an investigation that is already suspended under paragraph 1—

(a)a reference above in this paragraph to suspending the investigation is to be read as a reference to continuing the suspension of the investigation;

(b)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).

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Commencement Information

I3Sch. 1 para. 3 in force at 25.7.2013 by S.I. 2013/1869, art. 2(h)

4(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).E+W+S+N.I.

(2)The terms of reference of the inquiry must be such that it has as its purpose, or among its purposes, the purpose set out in section 5(1) above (read with section 5(2) where applicable); and section 5 of the Inquiries Act 2005 has effect accordingly.

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Commencement Information

I4Sch. 1 para. 4 in force at 25.7.2013 by S.I. 2013/1869, art. 2(h)

General power to suspendE+W

5A 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.E+W

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Commencement Information

I5Sch. 1 para. 5 in force at 25.7.2013 by S.I. 2013/1869, art. 2(h)

Effect of suspensionE+W

6(1)Where an investigation is suspended under this Schedule, the senior coroner must adjourn any inquest that is being held as part of the investigation.E+W

(2)Where an inquest held with a jury is adjourned under this paragraph, the senior coroner may discharge the jury.

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Commencement Information

I6Sch. 1 para. 6 in force at 25.7.2013 by S.I. 2013/1869, art. 2(h)

Part 2 E+WResumption of investigations

Resumption of investigation suspended under paragraph 1E+W

7An 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.E+W

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Commencement Information

I7Sch. 1 para. 7 in force at 25.7.2013 by S.I. 2013/1869, art. 2(h)

Resumption of investigation suspended under paragraph 2E+W

8(1)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.E+W

(2)Subject to sub-paragraph (3)—

(a)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;

(b)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.

(3)The investigation may be resumed while the proceedings in question are continuing if—

(a)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;

(b)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.

(4)For the purposes of sub-paragraph (3)(a), the relevant prosecuting authority—

(a)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;

(b)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.

(5)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—

(a)the proceedings in respect of the charge (or each charge) by reason of which the investigation was suspended;

(b)any proceedings that, by reason of sub-paragraph (2), had to be concluded before the investigation could be resumed.

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Commencement Information

I8Sch. 1 para. 8 in force at 25.7.2013 by S.I. 2013/1869, art. 2(h)

Resumption of investigation suspended under paragraph 3E+W

9(1)Where an investigation is suspended under paragraph 3—E+W

(a)it may not be resumed unless, but must be resumed if, the senior coroner thinks that there is sufficient reason for resuming it;

(b)it may not be resumed before the end of the period of 28 days beginning with the relevant day;

(c)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)).

(2)In sub-paragraph (1)(b) “the relevant day” means—

(a)if the Lord Chancellor gives the coroner notification under this paragraph, the day on which the inquiry concerned is concluded;

(b)otherwise, the day on which the findings of that inquiry are published.

(3)Sub-paragraph (4) applies where, during the suspension of the investigation, the coroner—

(a)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

(b)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.

(4)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.

(5)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.

(6)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.

(7)Sub-paragraph (8) applies where, during the suspension of the investigation, a prosecuting authority informs the senior coroner that a person—

(a)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

(b)has been charged on an indictment with such an offence without having been sent for trial for it.

(8)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.

(9)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.

(10)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.

(11)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—

(a)the inquiry under the Inquiries Act 2005 (c. 12) by reason of which the investigation was suspended;

(b)any proceedings that, by reason of sub-paragraph (4), (6), (8) or (10), had to be concluded before the investigation could be resumed.

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Commencement Information

I9Sch. 1 para. 9 in force at 25.7.2013 by S.I. 2013/1869, art. 2(h)

Resumption of investigation suspended under paragraph 5E+W

10An 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.E+W

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Commencement Information

I10Sch. 1 para. 10 in force at 25.7.2013 by S.I. 2013/1869, art. 2(h)

SupplementalE+W

11(1)Where an investigation is resumed under this Schedule, the senior coroner must resume any inquest that was adjourned under paragraph 6.E+W

(2)The following provisions apply, in place of section 7, to an inquest that is resumed under this paragraph.

(3)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.

(4)Where the adjourned inquest was held with a jury and the senior coroner decides to hold the resumed inquest with a jury—

(a)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;

(b)if not, or if the original jury was discharged under paragraph 6(2), a new jury must be summoned.

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Commencement Information

I11Sch. 1 para. 11 in force at 25.7.2013 by S.I. 2013/1869, art. 2(h)

Section 22

Schedule 2E+WCoroner areas

Coroner areasE+W

1(1)England and Wales is to be divided into areas to be known as coroner areas.E+W

(2)Each coroner area is to consist of the area of a local authority or the combined areas of two or more local authorities.

(3)Subject to paragraph 2—

(a)the coroner areas are to be those specified in an order made by the Lord Chancellor;

(b)each coroner area is to be known by whatever name is specified in the order.

(4)Before making an order under this paragraph, the Lord Chancellor must consult—

(a)every local authority,

(b)the Welsh Ministers, and

(c)any other persons the Lord Chancellor thinks appropriate.

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Commencement Information

I12Sch. 2 para. 1 in force at 25.7.2013 by S.I. 2013/1869, art. 2(i)

Alteration of coroner areasE+W

2(1)The Lord Chancellor may make orders altering coroner areas.E+W

(2)Before making an order under this paragraph the Lord Chancellor must consult—

(a)whichever local authorities the Lord Chancellor thinks appropriate,

(b)in the case of a coroner area in Wales, the Welsh Ministers, and

(c)any other persons the Lord Chancellor thinks appropriate.

(3)Altering”, in relation to a coroner area, includes (as well as changing its boundaries)—

(a)combining it with one or more other coroner areas;

(b)dividing it between two or more other coroner areas;

(c)changing its name.

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Commencement Information

I13Sch. 2 para. 2 in force at 25.7.2013 by S.I. 2013/1869, art. 2(i)

Relevant authoritiesE+W

3(1)This paragraph sets out for the purposes of this Part what is the “relevant authority” for a given coroner area.E+W

(2)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.

(3)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—

(a)whichever one of those authorities they jointly nominate;

(b)if they cannot agree on a nomination, whichever one of them the Lord Chancellor determines.

(4)Before making a determination under sub-paragraph (3)(b) the Lord Chancellor must consult—

(a)the Secretary of State, in a case involving local authorities in England;

(b)the Welsh Ministers, in a case involving local authorities in Wales.

(5)This paragraph has effect subject to paragraph 2 of Schedule 22.

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Commencement Information

I14Sch. 2 para. 3 in force at 25.7.2013 by S.I. 2013/1869, art. 2(i)

Effect of body being outside coroner area etcE+W

4(1)This paragraph applies where—E+W

(a)a senior coroner is responsible for conducting an investigation under this Part into a person's death, and

(b)the body is outside the coroner's area (whether because of its removal or otherwise).

(2)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.

(3)The presence of the body at a place outside the coroner's area does not confer any functions on any other coroner.

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Commencement Information

I15Sch. 2 para. 4 in force at 25.7.2013 by S.I. 2013/1869, art. 2(i)

Section 23

Schedule 3E+WAppointment etc of senior coroners, area coroners and assistant coroners

Part 1 E+WAppointment of senior, area and assistant coroners

Appointment of senior coronersE+W

1(1)The relevant authority for each coroner area must appoint a coroner (the “senior coroner”) for that area.E+W

(2)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.

(3)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.

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Commencement Information

I16Sch. 3 para. 1 in force at 25.7.2013 by S.I. 2013/1869, art. 2(j)

Appointment of area and assistant coronersE+W

2(1)The Lord Chancellor may by order require the appointment, for any coroner area, of—E+W

(a)an area coroner, or a specified number of area coroners;

(b)a minimum number of assistant coroners.

(2)Before making an order under this paragraph in relation to a particular coroner area, the Lord Chancellor must consult—

(a)the Chief Coroner, and

(b)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).

(3)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.

(4)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.

(5)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.

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Commencement Information

I17Sch. 3 para. 2 in force at 25.7.2013 by S.I. 2013/1869, art. 2(j)

Part 2 E+WQualifications of senior, area and assistant coroners

3To be eligible for appointment as a senior coroner, area coroner or assistant coroner, a person must—E+W

(a)be under the age of 70, and

(b)satisfy the judicial-appointment eligibility condition on a 5-year basis.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I18Sch. 3 para. 3 in force at 25.7.2013 by S.I. 2013/1869, art. 2(j)

4(1)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.E+W

(2)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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I19Sch. 3 para. 4 in force at 25.7.2013 by S.I. 2013/1869, art. 2(j)

Part 3 E+WVacancies; functions of area and assistant coroners

Filling of vacanciesE+W

5(1)This paragraph applies where a vacancy occurs—E+W

(a)in the office of senior coroner for an area, or

(b)in an office of area coroner for an area.

(2)The relevant authority for the area must—

(a)give notice in writing of the vacancy to the Lord Chancellor and the Chief Coroner as soon as practicable after the vacancy occurs;

(b)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;

(c)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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I20Sch. 3 para. 5 in force at 25.7.2013 by S.I. 2013/1869, art. 2(j)

6(1)This paragraph applies where—E+W

(a)a vacancy occurs in an office of assistant coroner for an area, and

(b)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).

(2)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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I21Sch. 3 para. 6 in force at 25.7.2013 by S.I. 2013/1869, art. 2(j)

Person to act as senior coroner in case of vacancyE+W

7(1)This paragraph applies where a vacancy occurs in the office of senior coroner for an area.E+W

(2)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.

(3)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.

(4)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.

(5)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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I22Sch. 3 para. 7 in force at 25.7.2013 by S.I. 2013/1869, art. 2(j)

Functions of area and assistant coronersE+W

8(1)An area coroner or assistant coroner for an area may perform any functions of the senior coroner for the area (including functions which that senior coroner has by virtue of section 2 or 3)—E+W

(a)during a period when that senior coroner is absent or unavailable;

(b)at any other time, with the consent of that senior coroner.

(2)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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I23Sch. 3 para. 8 in force at 25.7.2013 by S.I. 2013/1869, art. 2(j)

Part 4 E+WTerms of office of senior, area and assistant coroners

Status of officeE+W

9The offices of senior coroner, area coroner and assistant coroner are not to be regarded as freehold offices.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I24Sch. 3 para. 9 in force at 25.7.2013 by S.I. 2013/1869, art. 2(j)

Vacation or termination of officeE+W

10A senior coroner, area coroner or assistant coroner must vacate office on reaching the age of 70.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I25Sch. 3 para. 10 in force at 25.7.2013 by S.I. 2013/1869, art. 2(j)

11(1)The senior coroner or an area coroner or assistant coroner for an area (“the relevant coroner area”) must vacate office immediately if—E+W

(a)he or she becomes a councillor for a local authority, and

(b)the area of that local authority is the same as or falls within the relevant coroner area.

(2)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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I26Sch. 3 para. 11 in force at 25.7.2013 by S.I. 2013/1869, art. 2(j)

12The 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.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I27Sch. 3 para. 12 in force at 25.7.2013 by S.I. 2013/1869, art. 2(j)

13(1)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.E+W

(2)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).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I28Sch. 3 para. 13 in force at 25.7.2013 by S.I. 2013/1869, art. 2(j)

DisciplineE+W

14Chapter 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.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I29Sch. 3 para. 14 in force at 25.7.2013 by S.I. 2013/1869, art. 2(j)

Salary of senior and area coronersE+W

15(1)The senior coroner for an area is entitled to a salary.E+W

(2)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.

(3)If the senior coroner and the relevant authority cannot agree about an alteration in the amount of the salary—

(a)either of them may refer the matter to the Lord Chancellor;

(b)the Lord Chancellor may determine the amount of the salary and the date on which it is to become payable.

Any alteration in the amount of salary is to take effect in accordance with the Lord Chancellor's determination.

(4)In making a determination under sub-paragraph (3), the Lord Chancellor must have regard—

(a)to the nature and extent of the coroner's functions, and

(b)to all the circumstances of the case.

(5)The salary to which the senior coroner for an area is entitled under this paragraph is payable by the relevant authority for the area.

(6)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).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I30Sch. 3 para. 15 in force at 25.7.2013 by S.I. 2013/1869, art. 2(j)

Fees payable to assistantsE+W

16(1)An assistant coroner for an area is entitled to fees.E+W

(2)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.

(3)The fees to which an assistant coroner for an area is entitled under this paragraph are payable by the relevant authority for the area.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I31Sch. 3 para. 16 in force at 25.7.2013 by S.I. 2013/1869, art. 2(j)

Pensions for senior and area coronersE+W

17A 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.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I32Sch. 3 para. 17 in force at 25.7.2013 by S.I. 2013/1869, art. 2(j)

Prohibition on receipt of fees etcE+W

18Except 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.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I33Sch. 3 para. 18 in force at 25.7.2013 by S.I. 2013/1869, art. 2(j)

Other terms of officeE+W

19Subject 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.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I34Sch. 3 para. 19 in force at 25.7.2013 by S.I. 2013/1869, art. 2(j)

Prospective

Section 25

Schedule 4E+WCoroner for Treasure and Assistant Coroners for Treasure

Part 1 E+WAppointment, qualifications and terms of office of Coroner for Treasure

AppointmentE+W

1The Lord Chancellor may appoint a person as the Coroner for Treasure.E+W

QualificationsE+W

2To be eligible for appointment as the Coroner for Treasure, a person must—E+W

(a)be under the age of 70, and

(b)satisfy the judicial-appointment eligibility condition on a 5-year basis.

Vacation or termination of officeE+W

3The Coroner for Treasure must vacate office on reaching the age of 70.E+W

4The Coroner for Treasure may resign office by giving notice to the Lord Chancellor.E+W

5(1)The Lord Chancellor may, with the agreement of the Lord Chief Justice, remove the Coroner for Treasure from office for incapacity or misbehaviour.E+W

(2)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 expensesE+W

6(1)The Lord Chancellor may pay to the Coroner for Treasure amounts determined by the Lord Chancellor by way of remuneration or allowances.E+W

(2)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.

Part 2 E+WDesignation and remuneration of Assistant Coroners for Treasure

DesignationE+W

7The Chief Coroner may designate one or more assistant coroners to act as Assistant Coroners for Treasure.E+W

8A 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.E+W

9A person's designation under that paragraph ceases to have effect—E+W

(a)when the person ceases to be an assistant coroner;

(b)if earlier, when the designation is terminated by notice given—

(i)by the person to the Chief Coroner, or

(ii)by the Chief Coroner to the person.

Remuneration, allowances and expensesE+W

10(1)The Lord Chancellor may pay to an Assistant Coroner for Treasure amounts determined by the Lord Chancellor by way of remuneration or allowances.E+W

(2)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.

Part 3 E+WMiscellaneous

Functions of Assistant Coroners for TreasureE+W

11(1)An Assistant Coroner for Treasure may perform any functions of the Coroner for Treasure—E+W

(a)during a period when the Coroner for Treasure is absent or unavailable;

(b)during a vacancy in the office of Coroner for Treasure;

(c)at any other time, with the consent of the Coroner for Treasure.

(2)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.

StaffE+W

12(1)The Lord Chancellor may appoint staff to assist the Coroner for Treasure and any Assistant Coroners for Treasure in the performance of their functions.E+W

(2)Such staff are to be appointed on whatever terms and conditions the Lord Chancellor thinks appropriate.

Section 32

Schedule 5E+WPowers of coroners

Power to require evidence to be given or producedE+W

1(1)A senior coroner may by notice require a person to attend at a time and place stated in the notice and—E+W

(a)to give evidence at an inquest,

(b)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

(c)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.

(2)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—

(a)to provide evidence to the senior coroner, about any matters specified in the notice, in the form of a written statement,

(b)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

(c)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.

(3)A notice under sub-paragraph (1) or (2) must—

(a)explain the possible consequences, under paragraphs 6 and 7 of Schedule 6, of not complying with the notice;

(b)indicate what the recipient of the notice should do if he or she wishes to make a claim under sub-paragraph (4).

(4)A claim by a person that—

(a)he or she is unable to comply with a notice under this paragraph, or

(b)it is not reasonable in all the circumstances to require him or her to comply with such a notice,

is to be determined by the senior coroner, who may revoke or vary the notice on that ground.

(5)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.

(6)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.

(7)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.

(8)A reference in this paragraph to a senior coroner is to be read as including the Coroner for Treasure.

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Commencement Information

I35Sch. 5 para. 1 in force at 25.7.2013 by S.I. 2013/1869, art. 2(k)

2(1)A person may not be required to give, produce or provide any evidence or document under paragraph 1 if—E+W

(a)he or she could not be required to do so in civil proceedings in a court in England and Wales, or

(b)the requirement would be incompatible with a [F4EU] obligation.

(2)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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I36Sch. 5 para. 2 in force at 25.7.2013 by S.I. 2013/1869, art. 2(k)

Prospective

Power of entry, search and seizureE+W

3(1)A senior coroner conducting an investigation under this Part, if authorised—E+W

(a)by the Chief Coroner, or

(b)by another senior coroner nominated by the Chief Coroner to give authorisation,

may enter and search any land specified in the authorisation.

(2)An authorisation may be given only if—

(a)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

(b)any of the conditions in sub-paragraph (3) are met.

(3)Those conditions are—

(a)that it is not practicable to communicate with a person entitled to grant permission to enter and search the land;

(b)that permission to enter and search the land has been refused;

(c)that the senior coroner has reason to believe that such permission would be refused if requested;

(d)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.

(4)A senior coroner conducting an investigation under this Part who is lawfully on any land—

(a)may seize anything that is on the land;

(b)may inspect and take copies of any documents.

(5)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.

(6)A reference in this paragraph to a senior coroner is to be read as including the Coroner for Treasure.

4(1)The person by whom an authorisation under paragraph 3(1) is given must make a record—E+W

(a)setting out the reasons for the suspicion referred to in paragraph 3(2)(a);

(b)specifying which of the conditions in paragraph 3(3) is met.

(2)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.

(3)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.

5(1)A power under paragraph 3(4) is not exercisable unless the person exercising the power has reasonable grounds for believing—E+W

(a)that its exercise may assist the investigation, and

(b)in the case of the seizure of anything, that the seizure is necessary to prevent the thing being concealed, lost, damaged, altered or destroyed.

(2)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—

(a)in which it can be taken away, and

(b)in which it is legible or from which it can readily be produced in a legible form.

(3)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.

(4)Anything that has been seized or taken away under paragraph 3 may be retained for so long as is necessary in all the circumstances.

(5)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.

(6)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 examinationE+W

6(1)A senior coroner may order the exhumation of a person's body if sub-paragraph (2) or (3) applies.E+W

(2)This sub-paragraph applies if—

(a)the body is buried in England and Wales (whether or not within the coroner area for which the coroner is appointed), and

(b)the coroner thinks it necessary for the body to be examined under section 14.

(3)This sub-paragraph applies if—

(a)the body is buried within the coroner area for which the coroner is appointed, and

(b)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—

(i)the death of the person whose body it is, or

(ii)the death of another person who died in circumstances connected with the death of that person.

(4)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)).

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Commencement Information

I37Sch. 5 para. 6 in force at 25.7.2013 by S.I. 2013/1869, art. 2(k)

Action to prevent other deathsE+W

7(1)Where—E+W

(a)a senior coroner has been conducting an investigation under this Part into a person's death,

(b)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

(c)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,

the coroner must report the matter to a person who the coroner believes may have power to take such action.

(2)A person to whom a senior coroner makes a report under this paragraph must give the senior coroner a written response to it.

(3)A copy of a report under this paragraph, and of the response to it, must be sent to the Chief Coroner.

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Commencement Information

I38Sch. 5 para. 7 in force at 25.7.2013 by S.I. 2013/1869, art. 2(k)

Section 33

Schedule 6E+WOffences

Part 1E+WOffences relating to jurors

[F5 Serving while disqualified, failure to attend etc] E+W

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Amendments (Textual)

1(1)It is an offence for a person to serve on a jury at an inquest if the person—E+W

(a)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

(b)knows that he or she is disqualified from jury service.

(2)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.

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Commencement Information

I39Sch. 6 para. 1 in force at 25.7.2013 by S.I. 2013/1869, art. 2(l)

2(1)It is an offence for a person—E+W

(a)to refuse without reasonable excuse to answer any question put under section 8(5),

(b)to give an answer to such a question knowing the answer to be false in a material particular, or

(c)recklessly to give an answer to such a question that is false in a material particular.

(2)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.

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Commencement Information

I40Sch. 6 para. 2 in force at 25.7.2013 by S.I. 2013/1869, art. 2(l)

3(1)It is an offence for a person who is duly summoned as a juror at an inquest—E+W

(a)to make any false representation, or

(b)to cause or permit to be made any false representation on his or her behalf,

with the intention of evading service as a juror at an inquest.

(2)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.

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Commencement Information

I41Sch. 6 para. 3 in force at 25.7.2013 by S.I. 2013/1869, art. 2(l)

4(1)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.E+W

(2)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.

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Commencement Information

I42Sch. 6 para. 4 in force at 25.7.2013 by S.I. 2013/1869, art. 2(l)

5(1)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—E+W

(a)fails without reasonable excuse to attend in accordance with the summons, or

(b)attends in accordance with the summons but refuses without reasonable excuse to serve as a juror.

(2)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.

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Commencement Information

I43Sch. 6 para. 5 in force at 25.7.2013 by S.I. 2013/1869, art. 2(l)

[F6Research by jurorsE+W

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Amendments (Textual)

5A(1)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).E+W

(2)A person researches a case if (and only if) the person—

(a)intentionally seeks information, and

(b)when doing so, knows or ought reasonably to know that the information is or may be relevant to the inquest.

(3)The ways in which a person may seek information include—

(a)asking a question,

(b)searching an electronic database, including by means of the internet,

(c)visiting or inspecting a place or object,

(d)conducting an experiment, and

(e)asking another person to seek the information.

(4)Information relevant to the inquest includes information about—

(a)a person involved in events relevant to the inquest,

(b)the senior coroner dealing with the inquest,

(c)any other person who is involved in the inquest, whether as a lawyer, a witness or otherwise,

(d)the law relating to the case,

(e)the law of evidence, and

(f)procedure at inquests.

(5)The inquest period”, in relation to a member of a jury at an inquest, is the period—

(a)beginning when the person is sworn to inquire into the case, and

(b)ending when the senior coroner discharges the jury or, if earlier, when the senior coroner discharges the person.

(6)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.

(7)It is not an offence under this paragraph for a person—

(a)to attend proceedings at the inquest;

(b)to seek information from the senior coroner dealing with the case;

(c)to do anything which the senior coroner dealing with the case directs or authorises the person to do;

(d)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;

(e)to do anything else which is reasonably necessary in order for the jury to make a determination or finding in the case.

(8)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).

(9)Proceedings for an offence under this paragraph may only be instituted by or with the consent of the Attorney General.

Sharing research with other jurorsE+W

5B(1)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—E+W

(a)the member contravened paragraph 5A in the process of obtaining the information, and

(b)the information has not been provided at the inquest.

(2)Information has been provided at the inquest if (and only if) it has been provided as part of—

(a)evidence presented at the inquest, or

(b)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.

(3)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).

(4)Proceedings for an offence under this paragraph may not be instituted except by or with the consent of the Attorney General.

(5)In this paragraph, “the inquest period” has the same meaning as in paragraph 5A.

Jurors engaging in other prohibited conductE+W

5C(1)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).E+W

(2)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.

(3)An offence under this paragraph is committed whether or not the person knows that the conduct is prohibited conduct.

(4)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)).

(5)It is not an offence under this paragraph for a member of the jury to disclose information to another member of the jury.

(6)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).

(7)Proceedings for an offence under this paragraph may not be instituted except by or with the consent of the Attorney General.

(8)In this paragraph, “the inquest period” has the same meaning as in paragraph 5A.]

[F7Part 1AE+WOffence relating to jury's deliberations

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Amendments (Textual)

OffenceE+W

5D(1)It is an offence for a person intentionally—

(a)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

(b)to solicit or obtain such information,

subject to the exceptions in paragraphs 5E to 5G.

(2)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).

(3)Proceedings for an offence under this paragraph may not be instituted except by or with the consent of the Attorney General.

Initial exceptionsE+W

5E(1)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.

(2)It is not an offence under paragraph 5D for the senior coroner dealing with that inquest to disclose information—

(a)for the purposes of dealing with the inquest, or

(b)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.

(3)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.

(4)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).

(5)In this paragraph—

  • publish” means make available to the public or a section of the public;

  • relevant investigator” means—

    (a)

    a police force;

    (b)

    the Attorney General;

    (c)

    any other person or class of person specified by the Lord Chancellor for the purposes of this paragraph by regulations.

(6)The Lord Chancellor must obtain the consent of the Lord Chief Justice before making regulations under this paragraph.

Further exceptionsE+W

5F(1)It is not an offence under paragraph 5D for a person to disclose information to a person listed in sub-paragraph (2) if—

(a)the disclosure is made after the jury at the inquest mentioned in paragraph 5D(1) has been discharged, and

(b)the person making the disclosure reasonably believes that—

(i)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

(ii)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.

(2)Those persons are—

(a)a member of a police force;

(b)the Attorney General's Office;

(c)a judge of the High Court;

(d)the Chief Coroner;

(e)the senior coroner who dealt with the inquest mentioned in paragraph 5D(1);

(f)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).

(3)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.

(4)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—

(a)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

(b)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.

(5)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.

(6)It is not an offence under paragraph 5D for a person to disclose information in evidence in—

(a)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),

(b)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

(c)proceedings on any further appeal, reference or investigation arising out of proceedings mentioned in paragraph (a) or (b).

(7)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).

(8)It is not an offence under paragraph 5D to publish information disclosed as described in sub-paragraph (6).

(9)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)

    a police force;

    (b)

    the Attorney General;

    (c)

    the Criminal Cases Review Commission;

    (d)

    the Crown Prosecution Service;

    (e)

    a senior coroner, area coroner or assistant coroner;

    (f)

    any other person or class of person specified by the Lord Chancellor for the purposes of this paragraph by regulations.

(10)The Lord Chancellor must obtain the consent of the Lord Chief Justice before making regulations under this paragraph.

Exceptions for soliciting disclosures or obtaining informationE+W

5G(1)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).

(2)It is not an offence under paragraph 5D to obtain information—

(a)by means of a disclosure described in paragraph 5E(1) to (4) or paragraph 5F(1) to (8), or

(b)from a document that is available to the public or a section of the public.]

Part 2E+WOffences relating to witnesses and evidence

6A 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.E+W

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Commencement Information

I44Sch. 6 para. 6 in force at 25.7.2013 by S.I. 2013/1869, art. 2(l)

7(1)It is an offence for a person to do anything that is intended to have the effect of—E+W

(a)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

(b)preventing any evidence, document or other thing from being given, produced or provided for the purposes of such an investigation,

or to do anything that the person knows or believes is likely to have that effect.

(2)It is an offence for a person—

(a)intentionally to suppress or conceal a document that is, and that the person knows or believes to be, a relevant document, or

(b)intentionally to alter or destroy such a document.

(3)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.

(4)A person does not commit an offence under sub-paragraph (1) or (2) by doing anything that is authorised or required—

(a)by a senior coroner or the Coroner for Treasure, or

(b)by virtue of paragraph 2 of Schedule 5 or any privilege that applies.

(5)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.

(6)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.

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Commencement Information

I45Sch. 6 para. 7 in force at 25.7.2013 by S.I. 2013/1869, art. 2(l)

8(1)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.E+W

(2)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.

(3)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 ”.

(4)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.

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Commencement Information

I46Sch. 6 para. 8 in force at 25.7.2013 by S.I. 2013/1869, art. 2(l)

Part 3E+WMiscellaneous

9(1)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—E+W

(a)to compel a person to appear before him or her;

(b)to compel a person to give evidence or produce any document or other thing;

(c)to punish a person for contempt of court for failure to appear or to give evidence or to produce any document or other thing.

(2)But a person may not be fined under paragraph 5 or 6 and also be punished under any such other power.

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Commencement Information

I47Sch. 6 para. 9 in force at 25.7.2013 by S.I. 2013/1869, art. 2(l)

10In 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.E+W

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Commencement Information

I48Sch. 6 para. 10 in force at 25.7.2013 by S.I. 2013/1869, art. 2(l)

[F811Nothing in paragraph 5A, 5B or 5C affects what constitutes contempt of court at common law.]E+W

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Amendments (Textual)

Section 34

Schedule 7E+WAllowances, fees and expenses

Part 1 E+WAllowances payable to jurors

1A person who serves as a juror at an inquest is entitled, in respect of attending the inquest, to receive payments by way of allowance—E+W

(a)for travelling and subsistence;

(b)for financial loss.

This is subject to any conditions prescribed by regulations.

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Commencement Information

I49Sch. 7 para. 1 in force at 25.7.2013 by S.I. 2013/1869, art. 2(m)

2But 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—E+W

(a)incurred expenses (other than on travelling and subsistence) that he or she would otherwise not have incurred,

(b)suffered a loss of earnings that he or she would otherwise not have suffered, or

(c)suffered a loss of benefit under the enactments relating to social security that he or she would otherwise not have suffered.

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Commencement Information

I50Sch. 7 para. 2 in force at 25.7.2013 by S.I. 2013/1869, art. 2(m)

3Regulations may prescribe the rates of any allowances payable under paragraph 1.E+W

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Commencement Information

I51Sch. 7 para. 3 in force at 25.7.2013 by S.I. 2013/1869, art. 2(m)

4The 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.E+W

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Commencement Information

I52Sch. 7 para. 4 in force at 25.7.2013 by S.I. 2013/1869, art. 2(m)

Part 2 E+WAllowances payable to witnesses

5(1)Regulations may prescribe the allowances that may be paid by (or on behalf of) senior coroners or the Coroner for Treasure—E+W

(a)to witnesses;

(b)to persons who produce documents or things by virtue of paragraph 1(1) or (2) of Schedule 5;

(c)to persons who provide evidence in the form of a written statement by virtue of paragraph 1(2)(a) of that Schedule.

(2)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)a police officer, or a member of a service police force, attending in his or her capacity as such;

(b)a full-time officer of an institution to which the Prison Act 1952 (c. 52) applies in his or her capacity as such;

(c)a prisoner in respect of an occasion on which he or she is conveyed in custody to appear before a senior coroner.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I53Sch. 7 para. 5 in force at 25.7.2013 by S.I. 2013/1869, art. 2(m)

Part 3 E+WMiscellaneous fees, allowances and expenses

6Regulations 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.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I54Sch. 7 para. 6 in force at 25.7.2013 by S.I. 2013/1869, art. 2(m)

7(1)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.E+W

(2)The power under sub-paragraph (1) includes power to amend or revoke any schedule issued.

(3)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.

(4)A copy of any schedule that is issued or amended must be given to the senior coroner.

(5)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.

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Commencement Information

I55Sch. 7 para. 7 in force at 25.7.2013 by S.I. 2013/1869, art. 2(m)

8Regulations 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.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I56Sch. 7 para. 8 in force at 25.7.2013 by S.I. 2013/1869, art. 2(m)

Part 4 E+WMeeting or reimbursing expenses

9(1)Regulations may make provision for or in connection with meeting or reimbursing—E+W

(a)expenses incurred by senior coroners (including expenses incurred under or by virtue of paragraph 4, 5 or 6);

(b)expenses incurred by area coroners and assistant coroners;

(c)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.

(2)The regulations may make provision—

(a)for accounts or evidence relating to expenses to be provided to relevant authorities;

(b)for or in connection with the meeting or reimbursement by relevant authorities of expenses of a description specified in the regulations;

(c)for or in connection with appeals relating to decisions with respect to meeting or reimbursing expenses.

This sub-paragraph is not to be read as limiting the power in sub-paragraph (1).

(3)A reference in this paragraph to meeting or reimbursing expenses incurred by a person (“P”) includes a reference to indemnifying P in respect of—

(a)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;

(b)costs that P reasonably incurs in taking steps to dispute claims that might be made in such proceedings;

(c)damages awarded against P, or costs ordered to be paid by P, in such proceedings;

(d)sums payable by P in connection with a reasonable settlement of such proceedings or of claims that might be made in such proceedings.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I57Sch. 7 para. 9 in force at 25.7.2013 by S.I. 2013/1869, art. 2(m)

Part 5 E+WSupplemental

10For 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.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I58Sch. 7 para. 10 in force at 25.7.2013 by S.I. 2013/1869, art. 2(m)

11(1)The power to make regulations under this Schedule is exercisable by the Lord Chancellor.E+W

(2)Regulations under this Schedule may be made only if—

(a)the Lord Chief Justice, or

(b)a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005 (c. 4)) nominated for the purposes of this sub-paragraph by the Lord Chief Justice,

agrees to the making of the regulations.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I59Sch. 7 para. 11 in force at 25.7.2013 by S.I. 2013/1869, art. 2(m)

Section 35

Schedule 8E+WChief Coroner and Deputy Chief Coroners

Appointment of Chief CoronerE+W

1(1)The Lord Chief Justice may appoint a person as the Chief Coroner.E+W

(2)To be eligible for appointment as the Chief Coroner a person must be—

(a)a judge of the High Court or a Circuit judge, and

(b)under the age of 70.

(3)The Lord Chief Justice must consult the Lord Chancellor before making an appointment under this paragraph.

(4)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.

(5)In this paragraph “appointment” includes re-appointment.

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Commencement Information

Appointment of Deputy Chief CoronersE+W

2(1)The Lord Chief Justice may secure the appointment as Deputy Chief Coroners of however many persons the Lord Chief Justice thinks appropriate.E+W

(2)To be eligible for appointment as a Deputy Chief Coroner a person must be—

(a)a judge of the High Court, a Circuit judge, the Coroner for Treasure or a senior coroner, and

(b)under the age of 70.

(3)The Lord Chief Justice must consult the Lord Chancellor as to—

(a)the appropriate number of persons to be appointed as Deputy Chief Coroners;

(b)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.

(4)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.

(5)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.

(6)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.

(7)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.

(8)In this paragraph “appointment” includes re-appointment.

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Commencement Information

Resignation or removalE+W

3(1)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.E+W

(2)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.

(3)A Deputy Chief Coroner appointed by the Lord Chancellor may resign from office by giving notice in writing to the Lord Chancellor.

(4)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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

4(1)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.E+W

(2)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.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

Remuneration, allowances and expensesE+W

5The Lord Chancellor may pay to the Chief Coroner—E+W

(a)amounts determined by the Lord Chancellor by way of remuneration or allowances;

(b)amounts determined by the Lord Chancellor towards expenses incurred by the Chief Coroner in performing functions as such.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

6The Lord Chancellor may pay to a Deputy Chief Coroner—E+W

(a)amounts determined by the Lord Chancellor by way of remuneration or allowances;

(b)amounts determined by the Lord Chancellor towards expenses incurred by that Deputy Chief Coroner in performing functions as such.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

7A reference in paragraph 5 or 6 to paying expenses incurred by a person (“P”) includes a reference to indemnifying P in respect of—E+W

(a)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;

(b)costs that P reasonably incurs in taking steps to dispute claims that might be made in such proceedings;

(c)damages awarded against P, or costs ordered to be paid by P, in such proceedings;

(d)sums payable by P in connection with a reasonable settlement of such proceedings or of claims that might be made in such proceedings.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

Exercise of Chief Coroner's functions by Deputy Chief coronerE+W

8(1)A Deputy Chief Coroner may perform any functions of the Chief Coroner—E+W

(a)during a period when the Chief Coroner is absent or unavailable;

(b)during a vacancy in the office of Chief Coroner;

(c)at any other time, with the consent of the Chief Coroner.

(2)Accordingly a reference in this Part to the Chief Coroner is to be read, where appropriate, as including a Deputy Chief Coroner.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

StaffE+W

9(1)The Lord Chancellor must appoint staff to assist the Chief Coroner and any Deputy Chief Coroners in the performance of their functions.E+W

(2)Such staff are to be appointed on whatever terms and conditions the Lord Chancellor thinks appropriate.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

Prospective

Section 38

Schedule 9E+WMedical adviser and Deputy medical advisers to the Chief Coroner

Appointment and functions of Medical Adviser to the Chief CoronerE+W

1The 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.E+W

Appointment and functions of Deputy Medical Advisers to the Chief CoronerE+W

2(1)The Lord Chancellor may appoint however many Deputy Medical Advisers to the Chief Coroner (“Deputy Medical Advisers”) the Lord Chancellor thinks appropriate.E+W

(2)A Deputy Medical Adviser may perform any functions of the Medical Adviser—

(a)during a period when the Medical Adviser is absent or unavailable;

(b)during a vacancy in the office of Medical Adviser;

(c)at any other time, with the consent of the Medical Adviser.

Qualification for appointmentE+W

3A 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—E+W

(a)is a registered medical practitioner and has been throughout the previous 5 years, and

(b)practises as such or has done within the previous 5 years.

Consultation before making appointmentE+W

4Before appointing a person as the Medical Adviser or as a Deputy Medical Adviser, the Lord Chancellor must consult—E+W

(a)the Chief Coroner, and

(b)the Welsh Ministers.

Terms and conditions of appointmentE+W

5The 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.E+W

Remuneration, allowances and expensesE+W

6(1)The Lord Chancellor may pay to the Medical Adviser—E+W

(a)amounts determined by the Lord Chancellor by way of remuneration or allowances;

(b)amounts determined by the Lord Chancellor towards expenses incurred in performing functions as such.

(2)The Lord Chancellor may pay to a Deputy Medical Adviser—

(a)amounts determined by the Lord Chancellor by way of remuneration or allowances;

(b)amounts determined by the Lord Chancellor towards expenses incurred by that Deputy Medical Adviser in performing functions as such.

Section 41

Schedule 10E+WInvestigation by Chief Coroner or Coroner for Treasure or by judge, former judge or former coroner

Investigation by Chief CoronerE+W

1(1)The Chief Coroner may conduct an investigation into a person's death.E+W

(2)Where the Chief Coroner is responsible for conducting an investigation by virtue of this paragraph—

(a)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;

(b)no senior coroner, area coroner or assistant coroner has any functions in relation to the body or the investigation.

(3)Accordingly a reference in a statutory provision (whenever made) to a senior coroner is to be read, where appropriate, as including the Chief Coroner exercising functions by virtue of this paragraph.

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Commencement Information

I69Sch. 10 para. 1 in force at 25.7.2013 by S.I. 2013/1869, art. 2(n)

Prospective

Investigation by Coroner for TreasureE+W

2(1)The Chief Coroner may direct the Coroner for Treasure to conduct an investigation into a person's death.E+W

(2)Where a direction is given under this paragraph—

(a)the Coroner for Treasure must conduct the investigation;

(b)the Coroner for Treasure has the same functions in relation to the body and the investigation as would be the case if he or she were a senior coroner in whose area the body was situated;

(c)no senior coroner, area coroner or assistant coroner has any functions in relation to the body or the investigation.

(3)Accordingly, a reference in a statutory provision (whenever made) to a senior coroner is to be read, where appropriate, as including the Coroner for Treasure exercising functions by virtue of this paragraph.

Investigation by judge, former judge or former coronerE+W

3(1)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.E+W

(2)A person is within this sub-paragraph if at the time of the nomination he or she is—

(a)a judge of the High Court,

(b)a Circuit judge, or

(c)a person who has held office as a judge of the Court of Appeal or of the High Court (but no longer does so),

and is under the age of 75.

(3)The Chief Coroner may request a person who at the time of the request—

(a)has held office as a senior coroner (but no longer does so), and

(b)is under the age of 75,

to conduct an investigation into a person's death.

(4)If a person nominated or requested under this paragraph agrees to conduct the investigation—

(a)that person is under a duty to do so;

(b)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;

(c)no senior coroner, area coroner or assistant coroner has any functions in relation to the body or the investigation.

(5)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.

(6)The Lord Chief Justice must consult the Lord Chancellor before making a nomination under this paragraph.

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Commencement Information

I70Sch. 10 para. 3 in force at 25.7.2013 by S.I. 2013/1869, art. 2(n)

Prospective

AppealsE+W

F94. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Investigations already begunE+W

5A 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.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I71Sch. 10 para. 5 in force at 25.7.2013 by S.I. 2013/1869, art. 2(n)

Section 49

Schedule 11N.I.Amendments to the Coroners Act (Northern Ireland) 1959

Witnesses and evidenceN.I.

1In the Coroners Act (Northern Ireland) 1959 (c. 15), for section 17 (witnesses to be summoned) substitute—N.I.

17APower to require evidence to be given or produced

(1)A coroner who proceeds to hold an inquest may by notice require a person to attend at a time and place stated in the notice and—

(a)to give evidence at the inquest,

(b)to produce any documents in the custody or under the control of the person which relate to a matter that is relevant to the inquest, or

(c)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 inquest.

(2)A coroner who is making any investigation to determine whether or not an inquest is necessary, or who proceeds to hold an inquest, may by notice require a person, within such period as the coroner thinks reasonable—

(a)to provide evidence to the coroner, about any matters specified in the notice, in the form of a written statement,

(b)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 inquest, or

(c)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 or inquest.

(3)A notice under subsection (1) or (2) shall—

(a)explain the possible consequences, under subsection (6), of not complying with the notice;

(b)indicate what the recipient of the notice should do if he wishes to make a claim under subsection (4).

(4)A claim by a person that—

(a)he is unable to comply with a notice under this section, or

(b)it is not reasonable in all the circumstances to require him to comply with such a notice,

is to be determined by the coroner, who may revoke or vary the notice on that ground.

(5)In deciding whether to revoke or vary a notice on the ground mentioned in subsection (4)(b), the coroner shall consider the public interest in the information in question being obtained for the purposes of the inquest, having regard to the likely importance of the information.

(6)A coroner may impose a fine not exceeding £1000 on a person who fails without reasonable excuse to do anything required by a notice under subsection (1) or (2).

(7)For the purposes of this section a document or thing is under a person's control if it is in the person's possession or if he has a right to possession of it.

(8)Nothing in this section shall prevent a person who has not been given a notice under subsection (1) or (2) from giving or producing any evidence, document or other thing.

17BGiving or producing evidence: further provision

(1)The power of a coroner under section 17A(6) is additional to, and does not affect, any other power the coroner may have—

(a)to compel a person to appear before him;

(b)to compel a person to give evidence or produce any document or other thing;

(c)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 that section and also be punished under any such other power.

(2)A person may not be required to give or produce any evidence or document under section 17A if—

(a)he could not be required to do so in civil proceedings in a court in Northern Ireland, or

(b)the requirement would be incompatible with a Community obligation.

(3)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 inquest as they apply in relation to civil proceedings in a court in Northern Ireland.

17COffences relating to evidence

(1)It is an offence for a person to do anything that is intended to have the effect of—

(a)distorting or otherwise altering any evidence, document or other thing that is given or produced for the purposes of any investigation or inquest under this Act, or

(b)preventing any evidence, document or other thing from being given or produced for the purposes of such an investigation or inquest,

or to do anything that the person knows or believes is likely to have that effect.

(2)It is an offence for a person—

(a)intentionally to suppress or conceal a document that is, and that the person knows or believes to be, a relevant document, or

(b)intentionally to alter or destroy such a document.

(3)For the purposes of subsection (2) a document is a “relevant document” if it is likely that a coroner making any investigation or holding an inquest would (if aware of its existence) wish to be provided with it.

(4)A person does not commit an offence under subsection (1) or (2) by doing anything that is authorised or required—

(a)by a coroner, or

(b)by virtue of section 17B(2) or (3) or any privilege that applies.

(5)Proceedings for an offence under subsection (1) or (2) may be instituted only by or with the consent of the Director of Public Prosecutions for Northern Ireland.

(6)A person guilty of an offence under subsection (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 6 months, or to both.

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Commencement Information

I72Sch. 11 para. 1 in force at 29.2.2016 by S.R. 2016/23, art. 2

2Omit sections 19 (service of summonses) and 20 (provisions as to witnesses) of that Act.N.I.

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Commencement Information

I73Sch. 11 para. 2 in force at 29.2.2016 by S.R. 2016/23, art. 2

Section 61

Schedule 12E+W+N.I.Encouraging or assisting suicide: providers of information society services

Domestic service providers: extension of liabilityE+W+N.I.

1(1)This paragraph applies where a service provider is established in England and Wales (an “E&W service provider”).E+W+N.I.

(2)Section 2 of the Suicide Act 1961 (c. 60) (criminal liability for complicity in another's suicide) applies to an E&W service provider who—

(a)does an act, in an EEA state other than the United Kingdom, which is capable of encouraging or assisting the suicide or attempted suicide of another person and which is intended to encourage or assist suicide or an attempt at suicide, and

(b)does that act in the course of providing information society services,

as well as to persons (of any description) who do such acts in England and Wales.

(3)In the case of an offence under that section, as it applies to an E&W service provider by virtue of sub-paragraph (2)—

(a)proceedings for the offence may be taken at any place in England and Wales, and

(b)the offence may for all incidental purposes be treated as having been committed at any such place.

(4)Nothing in this paragraph is to be read as affecting the operation of any of paragraphs 4 to 6.

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Commencement Information

2(1)This paragraph applies where a service provider is established in Northern Ireland (a “NI service provider”).E+W+N.I.

(2)Section 13 of the Criminal Justice Act (Northern Ireland) 1966 (c. 20) (criminal liability for complicity in another's suicide) applies to a NI service provider who—

(a)does an act, in an EEA state other than the United Kingdom, which is capable of encouraging or assisting the suicide or attempted suicide of another person and which is intended to encourage or assist suicide or an attempt at suicide, and

(b)does that act in the course of providing information society services,

as well as to persons (of any description) who do such acts in Northern Ireland.

(3)In the case of an offence under that section, as it applies to a NI service provider by virtue of sub-paragraph (2)—

(a)proceedings for the offence may be taken at any place in Northern Ireland, and

(b)the offence may for all incidental purposes be treated as having been committed at any such place.

(4)Nothing in this paragraph is to be read as affecting the operation of any of paragraphs 4 to 6.

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Commencement Information

Non-UK service providers: restriction on institution of proceedingsE+W+N.I.

3(1)This paragraph applies where a service provider is established in an EEA state other than the United Kingdom (a “non-UK service provider”).E+W+N.I.

(2)Proceedings for a relevant offence may not be instituted against a non-UK service provider in respect of anything done in the course of the provision of information society services unless the derogation condition is satisfied.

(3)Relevant offence” means an offence under—

(a)section 2 of the Suicide Act 1961 (c. 60) (criminal liability for complicity in another's suicide), or

(b)section 13 of the Criminal Justice Act (Northern Ireland) 1966 (c. 20) (criminal liability for complicity in another's suicide).

(4)The derogation condition is satisfied where the institution of proceedings—

(a)is necessary for the purposes of the public interest objective,

(b)relates to an information society service that prejudices that objective or presents a serious and grave risk of prejudice to that objective, and

(c)is proportionate to that objective.

(5)The public interest objective” means the pursuit of public policy.

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Commencement Information

Exceptions for mere conduitsE+W+N.I.

4(1)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—E+W+N.I.

(a)the provision of access to a communication network, or

(b)the transmission in a communication network of information provided by a recipient of the service,

if the condition in sub-paragraph (2) is satisfied.

(2)The condition is that the service provider does not—

(a)initiate the transmission,

(b)select the recipient of the transmission, or

(c)select or modify the information contained in the transmission.

(3)For the purposes of sub-paragraph (1)—

(a)the provision of access to a communication network, and

(b)the transmission of information in a communication network,

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.

(4)Sub-paragraph (3) does not apply if the information is stored for longer than is reasonably necessary for the transmission.

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Commencement Information

Exception for cachingE+W+N.I.

5(1)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.E+W+N.I.

(2)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—

(a)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

(b)the condition in sub-paragraph (3) is satisfied.

(3)The condition is that the service provider—

(a)does not modify the information,

(b)complies with any conditions attached to having access to the information, and

(c)(where sub-paragraph (4) applies) expeditiously removes the information or disables access to it.

(4)This sub-paragraph applies if the service provider obtains actual knowledge that—

(a)the information at the initial source of the transmission has been removed from the network,

(b)access to it has been disabled, or

(c)a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information.

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Commencement Information

Exception for hostingE+W+N.I.

6(1)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—E+W+N.I.

(a)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

(b)on obtaining such knowledge, the service provider expeditiously removed the information or disabled access to the information.

(2)Sub-paragraph (1) does not apply if the recipient of the service is acting under the authority or control of the service provider.

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Commencement Information

InterpretationE+W+N.I.

7(1)This paragraph applies for the purposes of this Schedule.E+W+N.I.

(2)Relevant offence” has the same meaning as in paragraph 3.

(3)“Information society services”—

(a)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

(b)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”;

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).

(4)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.

(5)Service provider” means a person providing an information society service.

(6)For the purpose of construing references in this Schedule to a service provider who is established in a part of the United Kingdom or in some other EEA state—

(a)a service provider is established in a particular part of the United Kingdom, or in a particular EEA state, if the service provider—

(i)effectively pursues an economic activity using a fixed establishment in that part of the United Kingdom, or that EEA state, for an indefinite period, and

(ii)is a national of an EEA state or a company or firm mentioned in [F10Article 54 of the Treaty on the Functioning of the European Union];

(b)the presence or use in a particular place of equipment or other technical means of providing an information society service does not, of itself, constitute the establishment of a service provider;

(c)where it cannot be determined from which of a number of establishments a given information society service is provided, that service is to be regarded as provided from the establishment at the centre of the service provider's activities relating to that service.

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Amendments (Textual)

Commencement Information

I80Sch. 12 para. 7 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 22

Section 68

Schedule 13E+W+N.I.Prohibited images: providers of information society services

Domestic service providers: extension of liabilityE+W+N.I.

1(1)This paragraph applies where a service provider is established in England and Wales or Northern Ireland (a “domestic service provider”).E+W+N.I.

(2)Section 62(1) applies to a domestic service provider who—

(a)is in possession, in an EEA state other than the United Kingdom, of a prohibited image of a child, and

(b)is in possession of it there in the course of providing information society services,

as well as to persons (of any description) who are in possession of such images in England and Wales or Northern Ireland.

(3)In the case of an offence under section 62(1), as it applies to a domestic service provider by virtue of sub-paragraph (2)—

(a)proceedings for the offence may be taken at any place in England and Wales or Northern Ireland, and

(b)the offence may for all incidental purposes be treated as having been committed at any such place.

(4)Nothing in this paragraph is to be read as affecting the operation of any of paragraphs 3 to 5.

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Commencement Information

I81Sch. 13 para. 1 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 16

Non-UK service providers: restriction on institution of proceedingsE+W+N.I.

2(1)This paragraph applies where a service provider is established in an EEA state other than the United Kingdom (a “non-UK service provider”).E+W+N.I.

(2)Proceedings for an offence under section 62(1) may not be instituted against a non-UK service provider in respect of anything done in the course of the provision of information society services unless the derogation condition is satisfied.

(3)The derogation condition is satisfied where the institution of proceedings—

(a)is necessary for the purposes of the public interest objective,

(b)relates to an information society service that prejudices that objective or presents a serious and grave risk of prejudice to that objective, and

(c)is proportionate to that objective.

(4)The public interest objective” means the pursuit of public policy.

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Commencement Information

I82Sch. 13 para. 2 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 16

Exceptions for mere conduitsE+W+N.I.

3(1)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—E+W+N.I.

(a)the provision of access to a communication network, or

(b)the transmission in a communication network of information provided by a recipient of the service,

if the condition in sub-paragraph (2) is satisfied.

(2)The condition is that the service provider does not—

(a)initiate the transmission,

(b)select the recipient of the transmission, or

(c)select or modify the information contained in the transmission.

(3)For the purposes of sub-paragraph (1)—

(a)the provision of access to a communication network, and

(b)the transmission of information in a communication network,

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.

(4)Sub-paragraph (3) does not apply if the information is stored for longer than is reasonably necessary for the transmission.

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Commencement Information

I83Sch. 13 para. 3 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 16

Exception for cachingE+W+N.I.

4(1)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.E+W+N.I.

(2)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—

(a)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

(b)the condition in sub-paragraph (3) is satisfied.

(3)The condition is that the service provider—

(a)does not modify the information,

(b)complies with any conditions attached to having access to the information, and

(c)(where sub-paragraph (4) applies) expeditiously removes the information or disables access to it.

(4)This sub-paragraph applies if the service provider obtains actual knowledge that—

(a)the information at the initial source of the transmission has been removed from the network,

(b)access to it has been disabled, or

(c)a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information.

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Commencement Information

I84Sch. 13 para. 4 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 16

Exception for hostingE+W+N.I.

5(1)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—E+W+N.I.

(a)the service provider had no actual knowledge when the information was provided that it contained offending material, or

(b)on obtaining actual knowledge that the information contained offending material, the service provider expeditiously removed the information or disabled access to it.

(2)Offending material” means material the possession of which constitutes an offence under section 62(1).

(3)Sub-paragraph (1) does not apply if the recipient of the service is acting under the authority or control of the service provider.

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Commencement Information

I85Sch. 13 para. 5 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 16

InterpretationE+W+N.I.

6(1)This paragraph applies for the purposes of this Schedule.E+W+N.I.

(2)Prohibited image of a child” has the same meaning as in section 62.

(3)“Information society services”—

(a)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

(b)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”;

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).

(4)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.

(5)Service provider” means a person providing an information society service.

(6)For the purpose of construing references in this Schedule to a service provider who is established in a part of the United Kingdom or in some other EEA state—

(a)a service provider is established in a particular part of the United Kingdom, or in a particular EEA state, if the service provider—

(i)effectively pursues an economic activity using a fixed establishment in that part of the United Kingdom, or that EEA state, for an indefinite period, and

(ii)is a national of an EEA state or a company or firm mentioned in [F11Article 54 of the Treaty on the Functioning of the European Union];

(b)the presence or use in a particular place of equipment or other technical means of providing an information society service does not, of itself, constitute the establishment of a service provider;

(c)where it cannot be determined from which of a number of establishments a given information society service is provided, that service is to be regarded as provided from the establishment at the centre of the service provider's activities relating to that service.

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Amendments (Textual)

Commencement Information

I86Sch. 13 para. 6 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 16

Section 99

Schedule 14E+WSchedule 1A to the Youth Justice and Criminal Evidence Act 1999

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Commencement Information

I87Sch. 14 in force at 27.6.2011 by S.I. 2011/1452, art. 2(f)

The following is the Schedule to be inserted as Schedule 1A to the Youth Justice and Criminal Evidence Act 1999 (c. 23)—

Schedule 1AE+WRelevant offences for the purposes of section 17

Murder and manslaughterE+W

1Murder in a case where it is alleged that a firearm or knife was used to cause the death in question.

2Manslaughter in a case where it is alleged that a firearm or knife was used to cause the death in question.

3Murder or manslaughter in a case (other than a case falling within paragraph 1 or 2) where it is alleged that—

(a)the accused was carrying a firearm or knife at any time during the commission of the offence, and

(b)a person other than the accused knew or believed at any time during the commission of the offence that the accused was carrying a firearm or knife.

Offences against the Person Act 1861 (c. 100)E+W

4An offence under section 18 of the Offences against the Person Act 1861 (wounding with intent to cause grievous bodily harm etc) in a case where it is alleged that a firearm or knife was used to cause the wound or harm in question.

5An offence under section 20 of that Act (malicious wounding) in a case where it is alleged that a firearm or knife was used to cause the wound or inflict the harm in question.

6An offence under section 38 of that Act (assault with intent to resist arrest) in a case where it is alleged that a firearm or knife was used to carry out the assault in question.

7An offence under section 47 of the Offences against the Person Act 1861 (assault occasioning actual bodily harm) in a case where it is alleged that a firearm or knife was used to inflict the harm in question.

8An offence under section 18, 20, 38 or 47 of the Offences against the Person Act 1861 in a case (other than a case falling within any of paragraphs 4 to 7) where it is alleged that—

(a)the accused was carrying a firearm or knife at any time during the commission of the offence, and

(b)a person other than the accused knew or believed at any time during the commission of the offence that the accused was carrying a firearm or knife.

Prevention of Crime Act 1953 (c. 14)E+W

9An offence under section 1 of the Prevention of Crime Act 1953 (having an offensive weapon in a public place).

Firearms Act 1968 (c. 27)E+W

10An offence under section 1 of the Firearms Act 1968 (requirement of firearm certificate).

11An offence under section 2(1) of that Act (possession etc of a shot gun without a certificate).

12An offence under section 3 of that Act (business and other transactions with firearms and ammunition).

13An offence under section 4 of that Act (conversion of weapons).

14An offence under section 5(1) of that Act (weapons subject to general prohibition).

15An offence under section 5(1A) of that Act (ammunition subject to general prohibition).

16An offence under section 16 of that Act (possession with intent to injure).

17An offence under section 16A of that Act (possession with intent to cause fear of violence).

18An offence under section 17 of that Act (use of firearm to resist arrest).

19An offence under section 18 of that Act (carrying firearm with criminal intent).

20An offence under section 19 of that Act (carrying firearm in a public place).

21An offence under section 20 of that Act (trespassing with firearm).

22An offence under section 21 of that Act (possession of firearms by person previously convicted of crime).

23An offence under section 21A of that Act (firing an air weapon beyond premises).

24An offence under section 24A of that Act (supplying imitation firearms to minors).

Criminal Justice Act 1988 (c. 33)E+W

25An offence under section 139 of the Criminal Justice Act 1988 (having article with blade or point in public place).

26An offence under section 139A of that Act (having article with blade or point (or offensive weapon) on school premises).

Violent Crime Reduction Act 2006 (c. 38)E+W

27An offence under section 28 of the Violent Crime Reduction Act 2006 (using someone to mind a weapon).

28An offence under section 32 of that Act (sales of air weapons by way of trade or business to be face to face).

29An offence under section 36 of that Act (manufacture, import and sale of realistic imitation firearms).

GeneralE+W

30A reference in any of paragraphs 1 to 8 to an offence (“offence A”) includes—

(a)a reference to an attempt to commit offence A in a case where it is alleged that it was attempted to commit offence A in the manner or circumstances described in that paragraph,

(b)a reference to a conspiracy to commit offence A in a case where it is alleged that the conspiracy was to commit offence A in the manner or circumstances described in that paragraph,

(c)a reference to an offence under Part 2 of the Serious Crime Act 2007 in relation to which offence A is the offence (or one of the offences) which the person intended or believed would be committed in a case where it is alleged that the person intended or believed offence A would be committed in the manner or circumstances described in that paragraph, and

(d)a reference to aiding, abetting, counselling or procuring the commission of offence A in a case where it is alleged that offence A was committed, or the act or omission charged in respect of offence A was done or made, in the manner or circumstances described in that paragraph.

31A reference in any of paragraphs 9 to 29 to an offence (“offence A”) includes—

(a)a reference to an attempt to commit offence A,

(b)a reference to a conspiracy to commit offence A,

(c)a reference to an offence under Part 2 of the Serious Crime Act 2007 in relation to which offence A is the offence (or one of the offences) which the person intended or believed would be committed, and

(d)a reference to aiding, abetting, counselling or procuring the commission of offence A.

InterpretationE+W

32In this Schedule—

  • firearm” has the meaning given by section 57 of the Firearms Act 1968;

  • knife” has the meaning given by section 10 of the Knives Act 1997.

Section 118

Schedule 15E+WThe Sentencing Council for England and Wales

Constitution of the CouncilE+W

1The Council is to consist of—E+W

(a)8 members appointed by the Lord Chief Justice with the agreement of the Lord Chancellor (“judicial members”);

(b)6 members appointed by the Lord Chancellor with the agreement of the Lord Chief Justice (“non-judicial members”).

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Commencement Information

Appointment of a person to chair the Council etcE+W

2The Lord Chief Justice must, with the agreement of the Lord Chancellor, appoint—E+W

(a)a judicial member to chair the Council (“the chairing member”), and

(b)another judicial member to chair the Council in the absence of the chairing member.

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Commencement Information

Appointment of judicial membersE+W

3(1)A person is eligible for appointment as a judicial member if the person is—E+W

(a)a judge of the Court of Appeal,

(b)a puisne judge of the High Court,

(c)a Circuit judge,

(d)a District Judge (Magistrates' Courts), or

(e)a lay justice.

(2)The judicial members must include at least one Circuit judge, one District Judge (Magistrates' Courts) and one lay justice.

(3)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.

(4)Judicial office-holder” has the meaning given by section 109(4) of the Constitutional Reform Act 2005 (c. 4).

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Commencement Information

Appointment of non-judicial membersE+W

4(1)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—E+W

(a)criminal defence;

(b)criminal prosecution;

(c)policing;

(d)sentencing policy and the administration of justice;

(e)the promotion of the welfare of victims of crime;

(f)academic study or research relating to criminal law or criminology;

(g)the use of statistics;

(h)the rehabilitation of offenders.

(2)The persons eligible for appointment as a non-judicial member by virtue of experience of criminal prosecution include the Director of Public Prosecutions.

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Commencement Information

President of the CouncilE+W

5(1)The Lord Chief Justice is to have the title of President of the Sentencing Council for England and Wales.E+W

(2)The President is not a member of the Council.

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Commencement Information

I92Sch. 15 para. 5 in force at 1.2.2010 for specified purposes by S.I. 2010/145, art. 2(2), Sch. para. 23(b)

I93Sch. 15 para. 5 in force at 6.4.2010 in so far as not already in force by S.I. 2010/816, art. 2, Sch. para. 17

Lord Chancellor's representativeE+W

6(1)The Lord Chancellor may appoint a person to attend and speak at any meeting of the Council.E+W

(2)The person appointed under sub-paragraph (1) must be a person appearing to the Lord Chancellor to have experience of sentencing policy.

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Commencement Information

Terms of appointmentE+W

7(1)The Lord Chancellor may by order make provision—E+W

(a)as to the term of office, resignation and re-appointment of judicial members and non-judicial members;

(b)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;

(c)enabling the Lord Chancellor to remove a non-judicial member from office on the grounds of incapacity or misbehaviour.

(2)The following provisions apply to an order under sub-paragraph (1)—

(a)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;

(b)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.

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Commencement Information

I95Sch. 15 para. 7 in force at 1.2.2010 for specified purposes by S.I. 2010/145, art. 2(2), Sch. para. 23(b)

I96Sch. 15 para. 7 in force at 6.4.2010 in so far as not already in force by S.I. 2010/816, art. 2, Sch. para. 17

Vacancies etcE+W

8The 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.E+W

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Commencement Information

I97Sch. 15 para. 8 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 17

Remuneration etcE+W

9(1)The Lord Chancellor may pay—E+W

(a)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

(b)to any other judicial member, such expenses as the Lord Chancellor may determine.

(2)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).

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Commencement Information

InterpretationE+W

10In this Schedule “lay justice” means a justice of the peace who is not a District Judge (Magistrates' Courts).E+W

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Commencement Information

I99Sch. 15 para. 10 in force at 1.2.2010 for specified purposes by S.I. 2010/145, art. 2(2), Sch. para. 23(b)

I100Sch. 15 para. 10 in force at 6.4.2010 in so far as not already in force by S.I. 2010/816, art. 2, Sch. para. 17

Section 137

Schedule 16E+WExtension of disqualification for driving

Prospective

Criminal Justice (Northern Ireland) Order 1980 (S.I. 1980/704 (N.I. 6))E+W

1After Article 8 of the Criminal Justice (Northern Ireland) Order 1980 insert—E+W

8AExtension of disqualification where custodial sentence also imposed

(1)This Article applies where a person is convicted of an offence for which the court—

(a)imposes a custodial sentence, and

(b)orders the person to be disqualified under Article 8 for holding or obtaining a driving licence or a provisional licence granted under Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)).

(2)The order under Article 8 must provide for the person to be disqualified for the appropriate extension period, in addition to the discretionary disqualification period.

(3)The discretionary disqualification period is the period for which, in the absence of this Article, the court would have disqualified the person under Article 8.

(4)The appropriate extension period is—

(a)where a court imposes a sentence under Article 45(2) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) (punishment of grave crimes: indeterminate sentences), a period equal to the period specified in the sentence under Article 45(2) of that Order less any relevant discount;

(b)where an order under Article 5(1) of the Life Sentences (Northern Ireland) Order 2001 (S.I. 2001/2564 (N.I. 2)) (determination of tariffs) is made in relation to the custodial sentence, a period equal to the part of the sentence specified in that order less any relevant discount;

(c)where Article 8(1) of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)) (sentence for a determinate term) applies in relation to the custodial sentence, a period equal to the custodial period specified pursuant to Article 8(2) of that Order less any relevant discount;

(d)where a court imposes a sentence under Article 13(3) of the Criminal Justice (Northern Ireland) Order 2008 (indeterminate custodial sentences for serious offences), a period equal to the period specified pursuant to Article 13(3)(b) of that Order less any relevant discount;

(e)where Article 14(3) of the Criminal Justice (Northern Ireland) Order 2008 (extended custodial sentences for certain offences where the offender is aged over 21) applies in relation to the custodial sentence, a period equal to half of the term imposed pursuant to Article 14(3)(a) of that Order calculated after that term has been reduced by any relevant discount;

(f)where Article 14(5) of the Criminal Justice (Northern Ireland) Order 2008 (extended custodial sentences for certain offences where the offender is aged under 21) applies in relation to the custodial sentence, a period equal to half of the term imposed pursuant to Article 14(5)(a) of that Order calculated after that term has been reduced by any relevant discount;

(g)in any other case, a period equal to half the custodial sentence imposed calculated after that sentence has been reduced by any relevant discount.

(5)If a period determined under paragraph (4) includes a fraction of a day, that period is to be rounded up to the nearest number of whole days.

(6)The “relevant discount” is the number of days by which the custodial sentence is treated as reduced by virtue of section 26(2) of the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29) (periods in custody before sentence passed etc).

(7)This Article does not apply where—

(a)the custodial sentence was a suspended sentence, or

(b)the court has made an order under Article 5(3) of the Life Sentences (Northern Ireland) Order 2001 (life sentence: no early release) in relation to the custodial sentence.

(8)Paragraph (9) applies where an amending order provides that the proportion of a prisoner's sentence referred to in Article 18(2)(b) of the Criminal Justice (Northern Ireland) Order 2008 (duty to release prisoners serving extended custodial sentences) is to be read as a reference to another proportion (“the new proportion”).

(9)The Secretary of State may by order provide that the proportion specified in paragraph (4)(e) and (f) of this Article is to be read, in the case of a custodial sentence to which the amending order applies, as a reference to the new proportion.

(10)An order under paragraph (9) is subject to annulment by a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 (instruments subject to [F12negative resolution].

(11)In this Article—

  • amending order” means an order under Article 18(9) of the Criminal Justice (Northern Ireland) Order 2008 (alteration by order of relevant part of sentence);

  • custodial sentence” has the meaning given by Article 4 of the Criminal Justice (Northern Ireland) Order 2008;

  • suspended sentence” means a suspended sentence or order for detention under section 18 of the Treatment of Offenders Act (Northern Ireland) 1968.

8BEffect of custodial sentence in other cases

(1)This Article applies where a person is convicted of an offence for which a court proposes to order the person to be disqualified under Article 8 for holding or obtaining a driving licence or a provisional licence granted under Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)) and—

(a)the court proposes to impose on the person a custodial sentence (other than a suspended sentence) for another offence, or

(b)at the time of sentencing for the offence, a custodial sentence imposed on the person on an earlier occasion has not expired.

(2)In determining the period for which the person is to be disqualified under Article 8, the court must have regard to the consideration in paragraph (3) if and to the extent that it is appropriate to do so.

(3)The consideration is the diminished effect of disqualification as a distinct punishment if the person who is disqualified is also detained in pursuance of a custodial sentence.

(4)If the court proposes to order the person to be disqualified under Article 8 and to impose a custodial sentence for the same offence, the court may not in relation to that disqualification take that custodial sentence into account for the purposes of paragraph (2).

(5)In this Article “custodial sentence” and “suspended sentence” have the same meaning as in Article 8A.

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Amendments (Textual)

Road Traffic Offenders Act 1988 (c. 53)E+W

2(1)The Road Traffic Offenders Act 1988 is amended as follows.E+W

(2)After section 35 insert—

35AExtension of disqualification where custodial sentence also imposed

(1)This section applies where a person is convicted in England and Wales of an offence for which the court—

(a)imposes a custodial sentence, and

(b)orders the person to be disqualified under section 34 or 35.

(2)The order under section 34 or 35 must provide for the person to be disqualified for the appropriate extension period, in addition to the discretionary disqualification period.

(3)The discretionary disqualification period is the period for which, in the absence of this section, the court would have disqualified the person under section 34 or 35.

(4)The appropriate extension period is—

(a)where an order under section 82A(2) of the Powers of Criminal Courts (Sentencing) Act 2000 (life sentence: determination of tariffs) is made in relation to the custodial sentence, a period equal to the part of the sentence specified in that order;

(b)in the case of a detention and training order under section 100 of that Act (offenders under 18: detention and training orders), a period equal to half the term of that order;

(c)where an order under section 181 of the Criminal Justice Act 2003 (prison sentences of less than 12 months) is made in relation to the custodial sentence, a period equal to the custodial period specified pursuant to section 181(3)(a) of that Act less any relevant discount;

(d)where an order under section 183 of that Act (intermittent custody orders) is made in relation to the custodial sentence, a period equal to the number of custodial days specified pursuant to section 183(1)(a) of that Act less any relevant discount;

(e)where section 227 of that Act (extended sentence for certain violent or sexual offences: persons 18 or over) applies in relation to the custodial sentence, a period equal to half the term imposed pursuant to section 227(2C)(a) of that Act calculated after that term has been reduced by any relevant discount;

(f)where section 228 of that Act (extended sentence for certain violent or sexual offences: persons under 18) applies in relation to the custodial sentence, a period equal to half the term imposed pursuant to section 228(2B)(a) of that Act calculated after that term has been reduced by any relevant discount;

(g)where an order under section 269(2) of that Act (determination of minimum term in relation to mandatory life sentence: early release) is made in relation to the custodial sentence, a period equal to the part of the sentence specified in that order;

(h)in any other case, a period equal to half the custodial sentence imposed calculated after that sentence has been reduced by any relevant discount.

(5)If a period determined under subsection (4) includes a fraction of a day, that period is to be rounded up to the nearest number of whole days.

(6)The “relevant discount” is the total number of days to count as time served by virtue of a direction under—

(a)section 240 of the Criminal Justice Act 2003 (crediting periods of remand in custody), or

(b)section 240A of that Act (crediting periods of remand on bail).

(7)This section does not apply where—

(a)the custodial sentence was a suspended sentence,

(b)the court has made an order under section 269(4) of the Criminal Justice Act 2003 (determination of minimum term in relation to mandatory life sentence: no early release) in relation to the custodial sentence, or

(c)the court has made an order under section 82A(4) of the Powers of Criminal Courts (Sentencing) Act 2000 (determination of minimum term in relation to discretionary life sentence: no early release) in relation to the custodial sentence.

(8)Subsection (9) applies where an amending order provides that the proportion of a prisoner's sentence referred to in section 244(3)(a) or 247(2) of the Criminal Justice Act 2003 (release of prisoners in certain circumstances) is to be read as a reference to another proportion (“the new proportion”).

(9)The Secretary of State may by order—

(a)if the amending order makes provision in respect of section 244(3)(a) of that Act, provide that the proportion specified in subsection (4)(h) of this section is to be read, in the case of a custodial sentence to which the amending order applies, as a reference to the new proportion;

(b)if the amending order makes provision in respect of section 247(2) of that Act, provide that the proportion specified in subsection (4)(e) and (f) of this section is to be read, in the case of a custodial sentence to which the amending order applies, as a reference to the new proportion.

(10)An order under subsection (9) is to be made by statutory instrument and a draft of the statutory instrument containing the order must be laid before, and approved by a resolution of, each House of Parliament.

(11)In this section—

  • amending order” means an order under section 267 of the Criminal Justice Act 2003 (alteration by order of relevant proportion of sentence);

  • custodial sentence” has the meaning given by section 76 of the Powers of Criminal Courts (Sentencing) Act 2000;

  • suspended sentence” has the meaning given by section 189 of the Criminal Justice Act 2003.

35BEffect of custodial sentence in other cases

(1)This section applies where a person is convicted in England and Wales of an offence for which a court proposes to order the person to be disqualified under section 34 or 35 and—

(a)the court proposes to impose on the person a custodial sentence (other than a suspended sentence) for another offence, or

(b)at the time of sentencing for the offence, a custodial sentence imposed on the person on an earlier occasion has not expired.

(2)In determining the period for which the person is to be disqualified under section 34 or 35, the court must have regard to the consideration in subsection (3) if and to the extent that it is appropriate to do so.

(3)The consideration is the diminished effect of disqualification as a distinct punishment if the person who is disqualified is also detained in pursuance of a custodial sentence.

(4)If the court proposes to order the person to be disqualified under section 34 or 35 and to impose a custodial sentence for the same offence, the court may not in relation to that disqualification take that custodial sentence into account for the purposes of subsection (2).

(5)In this section “custodial sentence” and “suspended sentence” have the same meaning as in section 35A.

(3)After section 35B (as inserted by sub-paragraph (2)) insert—

35CExtension of disqualification where sentence of imprisonment also imposed: Scotland

(1)This section applies where a person is convicted in Scotland of an offence for which the court—

(a)imposes a sentence of imprisonment, and

(b)orders the person to be disqualified under section 34 or 35.

(2)The order under section 34 or 35 must provide for the person to be disqualified for the appropriate extension period, in addition to the discretionary disqualification period.

(3)The discretionary disqualification period is the period for which, in the absence of this section, the court would have disqualified the person under section 34 or 35.

(4)The appropriate extension period is—

(a)in the case of a life prisoner, a period equal to the punishment part of the life sentence;

(b)in the case of a custody and community prisoner, a period equal to half the custody part of the sentence of imprisonment;

(c)in the case of a person serving an extended sentence, a period equal to half the confinement term;

(d)in any other case, a period equal to half the sentence of imprisonment imposed.

(5)If a period determined under subsection (4) includes a fraction of a day, that period is to be rounded up to the nearest number of whole days.

(6)For the purposes of subsection (4), a sentence is to be taken to start on the date of commencement of the sentence.

(7)Subsection (8) applies where an amending order provides for a different proportion (“the new proportion”) to be substituted for the proportion of a prisoner's sentence referred to in section 6(4)(a) of the Custodial Sentences and Weapons (Scotland) Act 2007 (asp 17) (“the 2007 Act”).

(8)The Secretary of State may by order provide that the proportion specified in subsection (4)(b) and (c) of this section is to be read, in the case of a sentence of imprisonment to which the amending order applies, as a reference to the new proportion.

(9)An order under subsection (8) is to be made by statutory instrument and a draft of the statutory instrument containing the order must be laid before, and approved by a resolution of, each House of Parliament.

(10)In this section—

  • amending order” means an order made by the Scottish Ministers under section 7 of the 2007 Act;

  • confinement term” has the meaning given by section 210A(2)(a) of the Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”);

  • custody and community prisoner” has the meaning given by section 4 of the 2007 Act;

  • custody part” has the meaning given by section 6(3) of the 2007 Act;

  • extended sentence” has the meaning given by section 210A of the 1995 Act;

  • life prisoner” has the meaning given by section 4 of the 2007 Act;

  • punishment part” has the meaning given by section 4 of the 2007 Act;

  • sentence of imprisonment” includes—

    (a)

    an order for detention in residential accommodation under section 44 of the 1995 Act, and

    (b)

    a sentence of detention under section 205, 207 or 208 of the 1995 Act.

35DEffect of sentence of imprisonment in other cases: Scotland

(1)This section applies where a person is convicted in Scotland of an offence for which a court proposes to order the person to be disqualified under section 34 or 35 and—

(a)the court proposes to impose on the person a sentence of imprisonment for another offence, or

(b)at the time of sentencing for the offence, a sentence of imprisonment imposed on the person on an earlier occasion has not expired.

(2)In determining the period for which the person is to be disqualified under section 34 or 35, the court must have regard to the consideration in subsection (3) if and to the extent that it is appropriate to do so.

(3)The consideration is the diminished effect of disqualification as a distinct punishment if the person who is disqualified is also detained in pursuance of a sentence of imprisonment.

(4)If the court proposes to order the person to be disqualified under section 34 or 35 and to impose a sentence of imprisonment for the same offence, the court may not in relation to that disqualification take that sentence of imprisonment into account for the purposes of subsection (2).

(5)In this section “sentence of imprisonment” has the same meaning as in section 35C.

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Commencement Information

I101Sch. 16 para. 2(1)(2) in force at 13.4.2015 by S.I. 2015/819, art. 2(b)

Prospective

Criminal Procedure (Scotland) Act 1995 (c. 46)E+W

3After section 248C of the Criminal Procedure (Scotland) Act 1995 insert—E+W

248DExtension of disqualification where sentence of imprisonment also imposed

(1)This section applies where a person is convicted of an offence for which the court—

(a)imposes a sentence of imprisonment, and

(b)orders the person to be disqualified under section 248 or 248A of this Act from holding or obtaining a driving licence.

(2)The order under section 248 or 248A of this Act must provide for the person to be disqualified for the appropriate extension period, in addition to the discretionary disqualification period.

(3)The discretionary disqualification period is the period for which, in the absence of this section, the court would have disqualified the person under section 248 or 248A of this Act.

(4)The appropriate extension period is—

(a)in the case of a life prisoner, a period equal to the punishment part of the life sentence;

(b)in the case of a custody and community prisoner, a period equal to half the custody part of the sentence of imprisonment;

(c)in the case of a person serving an extended sentence, a period equal to half the confinement term;

(d)in any other case, a period equal to half the sentence of imprisonment imposed.

(5)If a period determined under subsection (4) includes a fraction of a day, that period is to be rounded up to the nearest number of whole days.

(6)For the purposes of subsection (4), a sentence is to be taken to start on the date of commencement of the sentence.

(7)Subsection (8) applies where an amending order provides for a different proportion (“the new proportion”) to be substituted for the proportion of a prisoner's sentence referred to in section 6(4)(a) of the Custodial Sentences and Weapons (Scotland) Act 2007 (asp 17) (“the 2007 Act”).

(8)The Secretary of State may by order provide that the proportion specified in subsection (4)(b) and (c) of this section is to be read, in the case of a sentence of imprisonment to which the amending order relates, as a reference to the new proportion.

(9)An order under subsection (8) is to be made by statutory instrument and a draft of the statutory instrument containing the order must be laid before, and approved by a resolution of, each House of Parliament.

(10)In this section—

  • amending order” means an order made by the Scottish Ministers under section 7 of the 2007 Act;

  • confinement term” has the meaning given by section 210A(2)(a) of this Act;

  • custody and community prisoner” has the meaning given by section 4 of the 2007 Act;

  • custody part” has the meaning given by section 6(3) of the 2007 Act;

  • extended sentence” has the meaning given by section 210A of this Act;

  • life prisoner” has the meaning given by section 4 of the 2007 Act;

  • punishment part” has the meaning given by section 4 of the 2007 Act;

  • sentence of imprisonment” includes—

    (a)

    an order for detention in residential accommodation under section 44 of this Act, and

    (b)

    a sentence of detention under section 205, 207 or 208 of this Act.

248EEffect of sentence of imprisonment in other cases

(1)This section applies where a person is convicted of an offence for which a court proposes to order the person to be disqualified under section 248 or 248A from holding or obtaining a driving licence and—

(a)the court proposes to impose on the person a sentence of imprisonment for another offence, or

(b)at the time of sentencing for the offence, a sentence of imprisonment imposed on the person on an earlier occasion has not expired.

(2)In determining the period for which the person is to be disqualified under section 248 or 248A, the court must have regard to the consideration in subsection (3) if and to the extent that it is appropriate to do so.

(3)The consideration is the diminished effect of disqualification as a distinct punishment if the person who is disqualified is also detained in pursuance of a sentence of imprisonment.

(4)If the court proposes to order the person to be disqualified under section 248 or 248A and to impose a sentence of imprisonment for the same offence, the court may not in relation to that disqualification take that sentence of imprisonment into account for the purposes of subsection (2).

(5)In this section “sentence of imprisonment” has the same meaning as in section 248D.

Prospective

Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/1320 (N.I. 10))E+W

4After Article 40 of the Road Traffic Offenders (Northern Ireland) Order 1996 insert—E+W

40AExtension of disqualification where custodial sentence also imposed

(1)This Article applies where a person is convicted of an offence for which the court—

(a)imposes a custodial sentence, and

(b)orders the person to be disqualified under Article 35 or 40.

(2)The order under Article 35 or 40 must provide for the person to be disqualified for the appropriate extension period, in addition to the discretionary disqualification period.

(3)The discretionary disqualification period is the period for which, in the absence of this Article, the court would have disqualified the person under Article 35 or 40.

(4)The appropriate extension period is—

(a)where a court imposes a sentence under Article 45(2) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) (punishment of grave crimes: indeterminate sentences), a period equal to the period specified in the sentence under Article 45(2) of that Order less any relevant discount;

(b)where an order under Article 5(1) of the Life Sentences (Northern Ireland) Order 2001 (S.I. 2001/2564 (N.I. 2)) (determination of tariffs) is made in relation to the custodial sentence, a period equal to the part of the sentence specified in that order less any relevant discount;

(c)where Article 8(1) of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)) (sentence for a determinate term) applies in relation to the custodial sentence, a period equal to the custodial period specified pursuant to Article 8(2) of that Order less any relevant discount;

(d)where a court imposes a sentence under Article 13(3) of the Criminal Justice (Northern Ireland) Order 2008 (indeterminate custodial sentences for serious offences), a period equal to the period specified pursuant to Article 13(3)(b) of that Order less any relevant discount;

(e)where Article 14(3) of the Criminal Justice (Northern Ireland) Order 2008 (extended custodial sentences for certain offences where the offender is aged over 21) applies in relation to the custodial sentence, a period equal to half of the term imposed pursuant to Article 14(3)(a) of that Order calculated after that term has been reduced by any relevant discount;

(f)where Article 14(5) of the Criminal Justice (Northern Ireland) Order 2008 (extended custodial sentences for certain offences where the offender is aged under 21) applies in relation to the custodial sentence, a period equal to half of the term imposed pursuant to Article 14(5)(a) of that Order calculated after that term has been reduced by any relevant discount;

(g)in any other case, a period equal to half the custodial sentence imposed calculated after that sentence has been reduced by any relevant discount.

(5)If a period determined under paragraph (4) includes a fraction of a day, that period is to be rounded up to the nearest number of whole days.

(6)The “relevant discount” is the number of days by which the custodial sentence is treated as reduced by virtue of section 26(2) of the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29) (periods in custody before sentence passed etc).

(7)This Article does not apply where—

(a)the custodial sentence was a suspended sentence, or

(b)the court has made an order under Article 5(3) of the Life Sentences (Northern Ireland) Order 2001 (life sentence: no early release) in relation to the custodial sentence.

(8)Paragraph (9) applies where an amending order provides that the proportion of a prisoner's sentence referred to in Article 18(2)(b) of the Criminal Justice (Northern Ireland) Order 2008 (duty to release prisoners serving extended custodial sentences) is to be read as a reference to another proportion (“the new proportion”).

(9)The [F13Department of Justice]may by order provide that the proportion specified in paragraph (4)(e) and (f) of this Article is to be read, in the case of a custodial sentence to which the amending order applies, as a reference to the new proportion.

(10)An order under paragraph (9) is subject to [F14negative resolution].

(11)In this Article—

  • amending order” means an order under Article 18(9) of the Criminal Justice (Northern Ireland) Order 2008 (alteration by order of relevant part of sentence);

  • custodial sentence” has the meaning given by Article 4 of the Criminal Justice (Northern Ireland) Order 2008;

  • suspended sentence” means a suspended sentence or order for detention under section 18 of the Treatment of Offenders Act (Northern Ireland) 1968.

40BEffect of custodial sentence in other cases

(1)This Article applies where a person is convicted of an offence for which a court proposes to order the person to be disqualified under Article 35 or 40 and—

(a)the court proposes to impose on the person a custodial sentence (other than a suspended sentence) for another offence, or

(b)at the time of sentencing for the offence, a custodial sentence imposed on the person on an earlier occasion has not expired.

(2)In determining the period for which the person is to be disqualified under Article 35 or 40, the court must have regard to the consideration in paragraph (3) if and to the extent that it is appropriate to do so.

(3)The consideration is the diminished effect of disqualification as a distinct punishment if the person who is disqualified is also detained in pursuance of a custodial sentence.

(4)If the court proposes to order the person to be disqualified under Article 35 or 40 and to impose a custodial sentence for the same offence, the court may not in relation to that disqualification take that custodial sentence into account for the purposes of paragraph (2).

(5)In this Article “custodial sentence” and “suspended sentence” have the same meaning as in Article 40A.

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Amendments (Textual)

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)E+W

5(1)After section 147 of the Powers of Criminal Courts (Sentencing) Act 2000 insert—E+W

147AExtension of disqualification where custodial sentence also imposed

(1)This section applies where a person is convicted of an offence for which the court—

(a)imposes a custodial sentence, and

(b)orders the person to be disqualified under section 146 or 147 for holding or obtaining a driving licence.

(2)The order under section 146 or 147 must provide for the person to be disqualified for the appropriate extension period, in addition to the discretionary disqualification period.

(3)The discretionary disqualification period is the period for which, in the absence of this section, the court would have disqualified the person under section 146 or 147.

(4)The appropriate extension period is—

(a)where an order under section 82A(2) of this Act (determination of tariffs) is made in relation to the custodial sentence, a period equal to the part of the sentence specified in that order;

(b)in the case of a detention and training order under section 100 of this Act (offenders under 18: detention and training orders), a period equal to half the term of that order;

(c)where an order under section 181 of the Criminal Justice Act 2003 (prison sentences of less than 12 months) is made in relation to the custodial sentence, a period equal to the custodial period specified pursuant to section 181(3)(a) of that Act less any relevant discount;

(d)where an order under section 183 of that Act (intermittent custody orders) is made in relation to the custodial sentence, a period equal to the number of custodial days specified pursuant to section 183(1)(a) of that Act less any relevant discount;

(e)where section 227 of that Act (extended sentence for certain violent or sexual offences: persons 18 or over) applies in relation to the custodial sentence, a period equal to half the term imposed pursuant to section 227(2C)(a) of that Act calculated after that term has been reduced by any relevant discount;

(f)where section 228 of that Act (extended sentence for certain violent or sexual offences: persons under 18) applies in relation to the custodial sentence, a period equal to half the term imposed pursuant to section 228(2B)(a) of that Act calculated after that term has been reduced by any relevant discount;

(g)where an order under section 269(2) of that Act (determination of minimum term in relation to mandatory life sentence: early release) is made in relation to the custodial sentence, a period equal to the part of the sentence specified in that order;

(h)in any other case, a period equal to half the custodial sentence imposed calculated after that sentence has been reduced by any relevant discount.

(5)If a period determined under subsection (4) includes a fraction of a day, that period is to be rounded up to the nearest number of whole days.

(6)The “relevant discount” is the total number of days to count as time served by virtue of a direction under—

(a)section 240 of the Criminal Justice Act 2003 (crediting periods of remand in custody), or

(b)section 240A of that Act (crediting periods of remand on bail).

(7)This section does not apply where—

(a)the custodial sentence was a suspended sentence,

(b)the court has made an order under section 269(4) of the Criminal Justice Act 2003 (determination of minimum term in relation to mandatory life sentence: no early release) in relation to the custodial sentence, or

(c)the court has made an order under section 82A(4) of this Act (determination of minimum term in relation to discretionary life sentence: no early release) in relation to the custodial sentence.

(8)Subsection (9) applies where an amending order provides that the proportion of a prisoner's sentence referred to in section 244(3)(a) or 247(2) of the Criminal Justice Act 2003 (release of prisoners in certain circumstances) is to be read as a reference to another proportion (“the new proportion”).

(9)The Secretary of State may by order—

(a)if the amending order makes provision in respect of section 244(3)(a) of that Act, provide that the proportion specified in subsection (4)(h) of this section is to be read, in the case of a custodial sentence to which the amending order applies, as a reference to the new proportion;

(b)if the amending order makes provision in respect of section 247(2) of that Act, provide that the proportion specified in subsection (4)(e) and (f) of this section is to be read, in the case of a custodial sentence to which the amending order applies, as a reference to the new proportion.

(10)In this section—

  • amending order” means an order under section 267 of the Criminal Justice Act 2003 (alteration by order of relevant proportion of sentence);

  • driving licence” means a licence to drive a motor vehicle granted under Part 3 of the Road Traffic Act 1988;

  • suspended sentence” has the meaning given by section 189 of the Criminal Justice Act 2003.

147BEffect of custodial sentence in other cases

(1)This section applies where a person is convicted of an offence for which a court proposes to order the person to be disqualified under section 146 or 147 for holding or obtaining a driving licence and—

(a)the court proposes to impose on the person a custodial sentence (other than a suspended sentence) for another offence, or

(b)at the time of sentencing for the offence, a custodial sentence imposed on the person on an earlier occasion has not expired.

(2)In determining the period for which the person is to be disqualified under section 146 or 147, the court must have regard to the consideration in subsection (3) if and to the extent that it is appropriate to do so.

(3)The consideration is the diminished effect of disqualification as a distinct punishment if the person who is disqualified is also detained in pursuance of a custodial sentence.

(4)If the court proposes to order the person to be disqualified under section 146 or 147 and to impose a custodial sentence for the same offence, the court may not in relation to that disqualification take that custodial sentence into account for the purposes of subsection (2).

(5)In this section “suspended sentence” has the same meaning as in section 147A.

(2)In section 160(3) of that Act (orders subject to the affirmative resolution procedure), after paragraph (a) insert—

(aa)an order under section 147A(9),.

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Commencement Information

I102Sch. 16 para. 5 in force at 13.4.2015 by S.I. 2015/819, art. 2(b)

Prospective

Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1))E+W

6After Article 91 of the Criminal Justice (Northern Ireland) Order 2008 insert—E+W

91AExtension of disqualification where custodial sentence also imposed

(1)This Article applies where a person is convicted of an offence for which the court—

(a)imposes a custodial sentence, and

(b)orders the person to be disqualified under Article 91 for holding or obtaining a driving licence.

(2)The order under Article 91 must provide for the person to be disqualified for the appropriate extension period, in addition to the discretionary disqualification period.

(3)The discretionary disqualification period is the period for which, in the absence of this Article, the court would have disqualified the person under Article 91.

(4)The appropriate extension period is—

(a)where a court imposes a sentence under Article 45(2) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) (punishment of grave crimes: indeterminate sentences), a period equal to the period specified in the sentence under Article 45(2) of that Order less any relevant discount;

(b)where an order under Article 5(1) of the Life Sentences (Northern Ireland) Order 2001 (S.I. 2001/2564 (N.I. 2)) (determination of tariffs) is made in relation to the custodial sentence, a period equal to the part of the sentence specified in that order less any relevant discount;

(c)where Article 8(1) (sentence for a determinate term) applies in relation to the custodial sentence, a period equal to the custodial period specified pursuant to Article 8(2) less any relevant discount;

(d)where a court imposes a sentence under Article 13(3) (indeterminate custodial sentences for serious offences), a period equal to the period specified pursuant to Article 13(3)(b) less any relevant discount;

(e)where Article 14(3) (extended custodial sentences for certain offences where the offender is aged over 21) applies in relation to the custodial sentence, a period equal to half of the term imposed pursuant to Article 14(3)(a) calculated after that term has been reduced by any relevant discount;

(f)where Article 14(5) (extended custodial sentences for certain offences where the offender is aged under 21) applies in relation to the custodial sentence, a period equal to half of the term imposed pursuant to Article 14(5)(a) calculated after that term has been reduced by any relevant discount;

(g)in any other case, a period equal to half the custodial sentence imposed calculated after that sentence has been reduced by any relevant discount.

(5)If a period determined under paragraph (4) includes a fraction of a day, that period is to be rounded up to the nearest number of whole days.

(6)The “relevant discount” is the number of days by which the custodial sentence is treated as reduced by virtue of section 26(2) of the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29) (periods in custody before sentence passed etc).

(7)This Article does not apply where—

(a)the custodial sentence was a suspended sentence, or

(b)the court has made an order under Article 5(3) of the Life Sentences (Northern Ireland) Order 2001 (life sentence: no early release) in relation to the custodial sentence.

(8)Paragraph (9) applies where an amending order provides that the proportion of a prisoner's sentence referred to in Article 18(2)(b) (duty to release prisoners serving extended custodial sentences) is to be read as a reference to another proportion (“the new proportion”).

(9)The Secretary of State may by order provide that the proportion specified in paragraph (4)(e) and (f) of this Article is to be read, in the case of a custodial sentence to which the amending order applies, as a reference to the new proportion.

(10)In this Article—

  • amending order” means an order under Article 18(9) (alteration by order of relevant part of sentence);

  • custodial sentence” has the meaning given by Article 4;

  • driving licence” has the meaning given by Article 91;

  • suspended sentence” means a suspended sentence or order for detention under section 18 of the Treatment of Offenders Act (Northern Ireland) 1968.

91BEffect of custodial sentence in other cases

(1)This Article applies where a person is convicted of an offence for which a court proposes to order the person to be disqualified under Article 91 for holding or obtaining a driving licence and—

(a)the court proposes to impose on the person a custodial sentence (other than a suspended sentence) for another offence, or

(b)at the time of sentencing for the offence, a custodial sentence imposed on the person on an earlier occasion has not expired.

(2)In determining the period for which the person is to be disqualified under Article 91, the court must have regard to the consideration in paragraph (3) if and to the extent that it is appropriate to do so.

(3)The consideration is the diminished effect of disqualification as a distinct punishment if the person who is disqualified is also detained in pursuance of a custodial sentence.

(4)If the court proposes to order the person to be disqualified under Article 91 and to impose a custodial sentence for the same offence, the court may not in relation to that disqualification take that custodial sentence into account for the purposes of paragraph (2).

(5)In this Article “custodial sentence” and “suspended sentence” have the same meaning as in Article 91A.

Section 144

Schedule 17E+WTreatment of convictions in other member States etc

Evidence of bad characterE+W

1(1)The Criminal Justice Act 2003 (c. 44) is amended as follows.E+W

(2)In section 103 (matter in issue between the defendant and the prosecution), after subsection (6) add—

(7)Where—

(a)a defendant has been convicted of an offence under the law of any country outside England and Wales (“the previous offence”), and

(b)the previous offence would constitute an offence under the law of England and Wales (“the corresponding offence”) if it were done in England and Wales at the time of the trial for the offence with which the defendant is now charged (“the current offence”),

subsection (8) applies for the purpose of determining if the previous offence and the current offence are of the same description or category.

(8)For the purposes of subsection (2)—

(a)the previous offence is of the same description as the current offence if the corresponding offence is of that same description, as set out in subsection (4)(a);

(b)the previous offence is of the same category as the current offence if the current offence and the corresponding offence belong to the same category of offences prescribed as mentioned in subsection (4)(b).

(9)For the purposes of subsection (10) “foreign service offence” means an offence which—

(a)was the subject of proceedings under the service law of a country outside the United Kingdom, and

(b)would constitute an offence under the law of England and Wales or a service offence (“the corresponding domestic offence”) if it were done in England and Wales by a member of Her Majesty's forces at the time of the trial for the offence with which the defendant is now charged (“the current offence”).

(10)Where a defendant has been found guilty of a foreign service offence (“the previous service offence”), for the purposes of subsection (2)—

(a)the previous service offence is an offence of the same description as the current offence if the corresponding domestic offence is of that same description, as set out in subsection (4)(a);

(b)the previous service offence is an offence of the same category as the current offence if the current offence and the corresponding domestic offence belong to the same category of offences prescribed as mentioned in subsection (4)(b).

(11)In this section—

  • 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.

(3)In section 108 (offences committed by defendant when a child), after subsection (2) insert—

(2A)Subsection (2B) applies where—

(a)the defendant has been convicted of an offence under the law of any country outside England and Wales (“the previous offence”), and

(b)the previous offence would constitute an offence under the law of England and Wales (“the corresponding offence”) if it were done in England and Wales at the time of the proceedings for the offence with which the defendant is now charged.

(2B)For the purposes of subsection (2), the previous offence is to be regarded as triable only on indictment if the corresponding offence is so triable.

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Commencement Information

I103Sch. 17 para. 1 in force at 15.8.2010 by S.I. 2010/1858, art. 3(d)(i)

2(1)The Criminal Justice (Evidence) (Northern Ireland) Order 2004 (S.I. 2004/1501 (N.I. 10)) is amended as follows.E+W

(2)In Article 8 (matter in issue between the defendant and the prosecution), after paragraph (6) add—

(7)Where—

(a)a defendant has been convicted of an offence under the law of any country outside Northern Ireland (“the previous offence”), and

(b)the previous offence would constitute an offence under the law of Northern Ireland (“the corresponding offence”) if it were done in Northern Ireland at the time of the trial for the offence with which the defendant is now charged (“the current offence”),

paragraph (8) applies for the purpose of determining if the previous offence and the current offence are of the same description or category.

(8)For the purposes of paragraph (2)—

(a)the previous offence is of the same description as the current offence, if the corresponding offence is of that same description, as set out in paragraph (4)(a);

(b)the previous offence is of the same category as the current offence, if the current offence and the corresponding offence belong to the same category of offences prescribed as mentioned in paragraph (4)(b).

(3)In Article 13 (offences committed by a defendant when a child), after paragraph (1) insert—

(1A)Paragraph (1B) applies where—

(a)the defendant has been convicted of an offence under the law of any country outside Northern Ireland (“the previous offence”), and

(b)the previous offence would constitute an offence under the law of Northern Ireland (“the corresponding offence”) if it were done in Northern Ireland at the time of the proceedings for the offence with which the defendant is now charged.

(1B)For the purposes of paragraph (1), the previous offence is to be regarded as triable only on indictment if the corresponding offence is so triable.

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Commencement Information

I104Sch. 17 para. 2 in force at 18.4.2011 for N.I. by S.R. 2011/182, art. 2(d)(i)

BailE+W

3(1)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.E+W

(2)For subsection (3) substitute—

(3)This section applies in the circumstances described in subsection (3A) or (3B) only.

(3A)This section applies where—

(a)the person has been previously convicted by or before a court in any part of the United Kingdom of any offence within subsection (2) or of culpable homicide, and

(b)if that previous conviction is one of manslaughter or culpable homicide—

(i)the person was then a child or young person, and was sentenced to long-term detention under any of the relevant enactments, or

(ii)the person was not then a child or young person, and was sentenced to imprisonment or detention.

(3B)This section applies where—

(a)the person has been previously convicted by or before a court in another member State of any relevant foreign offence corresponding to an offence within subsection (2) or to culpable homicide, and

(b)if the previous conviction is of a relevant foreign offence corresponding to the offence of manslaughter or culpable homicide—

(i)the person was then a child or young person, and was sentenced to detention for a period in excess of 2 years, or

(ii)the person was not then a child or young person, and was sentenced to detention.

(3)In subsection (5), omit “and” at the end of the definition of “conviction”, and at the end insert—

relevant foreign offence”, in relation to a member State other than the United Kingdom, means an offence under the law in force in that member State.

(4)After that subsection insert—

(5A)For the purposes of subsection (3B), a relevant foreign offence corresponds to another offence if the relevant foreign offence would have constituted that other offence if it had been done in any part of the United Kingdom at the time when the relevant foreign offence was committed.

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Commencement Information

I105Sch. 17 para. 3 in force at 15.8.2010 by S.I. 2010/1858, art. 3(d)(ii)

Decision as to allocationE+W

4(1)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.E+W

(2)In subsection (5), omit “or” at the end of paragraph (a) and insert—

(aa)a previous conviction by a court in another member State of a relevant offence under the law of that State; or.

(3)After that subsection insert—

(5A)For the purposes of subsection (5)(aa) an offence is “relevant” if the offence would constitute an offence under the law of any part of the United Kingdom if it were done in that part at the time when the allocation decision is made.

Annotations: Help about Annotation
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Commencement Information

I106Sch. 17 para. 4 in force at 28.5.2013 by S.I. 2013/1104, art. 2(b)

5(1)Paragraph 9 of Schedule 3 to the Crime and Disorder Act 1998 (c. 37) (procedure where persons are sent for trial under section 51 of the Crime and Disorder Act 1998) (as amended by Schedule 3 to the Criminal Justice Act 2003) is amended as follows.E+W

(2)In sub-paragraph (5), omit “or” at the end of paragraph (a) and insert—

(aa)a previous conviction by a court in another member State of a relevant offence under the law of that State, or.

(3)After that sub-paragraph, insert—

(5A)For the purposes of sub-paragraph (5)(aa) an offence is “relevant” if the offence would constitute an offence under the law of any part of the United Kingdom if it were done in that part at the time when the allocation decision is made.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I107Sch. 17 para. 5 in force at 28.5.2013 by S.I. 2013/1104, art. 2(b)

SeriousnessE+W

6(1)Section 143 of the Criminal Justice Act 2003 (determining the seriousness of an offence) is amended as follows.E+W

(2)In subsection (4)—

(a)omit “or” at the end of paragraph (a) and insert—

(aa)a previous conviction by a court in another member State of a relevant offence under the law of that State,, and

(b)after paragraph (b) insert or

(c)a finding of guilt in respect of a member State service offence.

(3)For subsection (5) substitute—

(5)Subsections (2) and (4) do not prevent the court from treating—

(a)a previous conviction by a court outside both the United Kingdom and any other member State, or

(b)a previous conviction by a court in any member State (other than the United Kingdom) of an offence which is not a relevant offence,

as an aggravating factor in any case where the court considers it appropriate to do so.

(6)For the purposes of this section—

(a)an offence is “relevant” if the offence would constitute an offence under the law of any part of the United Kingdom if it were done in that part at the time of the conviction of the defendant for the current offence,

(b)member State service offence” means an offence which—

(i)was the subject of proceedings under the service law of a member State other than the United Kingdom, and

(ii)would constitute an offence under the law of any part of the United Kingdom, or a service offence (within the meaning of the Armed Forces Act 2006), if it were done in any part of the United Kingdom, by a member of Her Majesty's forces, at the time of the conviction of the defendant for the current offence,

(c)Her Majesty's forces” has the same meaning as in the Armed Forces Act 2006, and

(d)service law”, in relation to a member State other than the United Kingdom, means the law governing all or any of the naval, military or air forces of that State.

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Commencement Information

I108Sch. 17 para. 6 in force at 15.8.2010 by S.I. 2010/1858, art. 3(d)(iii)

7(1)Section 238 of the Armed Forces Act 2006 (c. 52) (deciding the seriousness of an offence) is amended as follows.E+W

(2)In subsection (3)—

(a)omit “or” at the end of paragraph (a), and

(b)at the end of paragraph (b), insert—

(c)a previous conviction by a court in a member State other than the United Kingdom of a relevant offence under the law of that State, or

(d)a finding of guilt in respect of a member State service offence.

(3)For subsection (4) substitute—

(4)Nothing in this section prevents the court or officer from treating—

(a)a previous conviction by a court outside both the British Islands and any member State, or

(b)a previous conviction by a court in any member State (other than the United Kingdom) of an offence which is not a relevant offence or a member State service offence,

as an aggravating factor in any case where the court or officer considers it appropriate to do so.

(5)For the purposes of this section—

(a)an offence is “relevant” if the offence would constitute an offence under the law of any part of the United Kingdom if it were done in that part at the time of the conviction in respect of the current offence,

(b)member State service offence” means an offence which—

(i)was the subject of proceedings under the service law of a member State other than the United Kingdom, and

(ii)would constitute an offence under the law of any part of the United Kingdom, or a service offence, if it were done in any part of the United Kingdom, by a member of Her Majesty's forces, at the time of the conviction of the defendant for the current offence, and

(c)service law”, in relation to a member State other than the United Kingdom, means the law governing all or any of the naval, military or air forces of that State.

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Commencement Information

I109Sch. 17 para. 7 in force at 15.8.2010 by S.I. 2010/1858, art. 3(d)(iii)

Prospective

Availability of community ordersE+W

8(1)Section 151 of the Criminal Justice Act 2003 (c. 44) (community order or youth rehabilitation order for persistent offender previously fined) (as amended by the Criminal Justice and Immigration Act 2008 (c. 4)) is amended as follows.E+W

(2)For subsection (1)(b) substitute—

(b)on three or more previous occasions a sentence consisting only of a fine has been passed on the offender on conviction—

(i)by a court in the United Kingdom of an offence committed by the offender after attaining the age of 16, or

(ii)by a court in another member State of a relevant offence so committed, and.

(3)For subsection (1A)(c) substitute—

(c)on three or more previous occasions a sentence consisting only of a fine has been passed on the offender on conviction—

(i)by a court in the United Kingdom of an offence committed by the offender after attaining the age of 16, or

(ii)by a court in another member State of a relevant offence so committed.

(4)For subsection (2A)(b) substitute—

(b)on three or more previous occasions a sentence consisting only of a fine has been passed on the offender on conviction—

(i)by a court in the United Kingdom of an offence committed by the offender after attaining the age of 16, or

(ii)by a court in another member State of a relevant offence so committed, and.

(5)After subsection (4) insert—

(4A)For the purposes of subsections (1)(b), (1A)(c) and (2A)(b), an offence is “relevant” if the offence would constitute an offence under the law of any part of the United Kingdom if it were done there at the time of the conviction of the defendant for the current offence.

(6)In subsection (8) (as inserted by Schedule 16 to the Armed Forces Act 2006 (c. 52))—

(a)in paragraph (a) for the words “within the meaning of the Armed Forces Act 2006; and”, substitute “ or a member State service offence; ”,

(b)in paragraph (b)—

(i)after “service disciplinary proceedings” insert “ (other than proceedings for a member State service offence) ”, and

(ii)for “that Act” substitute “ the Armed Forces Act 2006 ”, and

(c)after that paragraph insert—

(c)member State service offence” means an offence which—

(i)was the subject of proceedings under the service law of a member State other than the United Kingdom, and

(ii)would constitute an offence under the law of any part of the United Kingdom, or a service offence, if it were done in any part of the United Kingdom, by a member of Her Majesty's forces, at the time of the conviction of the defendant for the current offence;

(d)Her Majesty's forces” has the same meaning as in the Armed Forces Act 2006;

(e)service law”, in relation to a member State other than the United Kingdom, means the law governing all or any of the naval, military or air forces of that State;

(f)service offence” has the same meaning as in the Armed Forces Act 2006.

F159. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

Required custodial sentences for certain offencesE+W

10(1)Chapter 3 of Part 5 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) is amended as follows.E+W

(2)In section 110 (minimum sentence of 7 years for third class A drug trafficking offence)—

(a)in subsection (1)(b), for “been convicted” to the end substitute “ 2 relevant drug convictions; and ”, and

(b)after subsection (2) insert—

(2A)For the purposes of subsection (1)—

(a)a “relevant drug conviction” means—

(i)a conviction in any part of the United Kingdom of a class A drug trafficking offence, or

(ii)a conviction in another member State of an offence which was committed after the relevant date and would, if done in the United Kingdom at the time of the conviction, have constituted a class A drug trafficking offence; and

(b)the relevant date” means the date on which this subsection comes into force.

(3)In section 111 (minimum of 3 years for third domestic burglary)—

(a)in subsection (1)—

(i)in paragraph (b), for “been convicted” to the end substitute “ 2 relevant domestic burglary convictions; and ”, and

(ii)in paragraph (c), for “30th November 1999” substitute “ the relevant date ”, and

(b)after subsection (2) insert—

(2A)For the purposes of subsection (1)—

(a)a “relevant domestic burglary conviction” means—

(i)a conviction in England and Wales of a domestic burglary, or

(ii)a conviction in any other part of the United Kingdom or any other member State of an offence which would, if done in England and Wales at the time of the conviction, have constituted domestic burglary;

(b)the relevant date”, in relation to a relevant domestic burglary conviction, means—

(i)in respect of a conviction in England and Wales, 30 November 1999, and

(ii)in any other case, the day on which this subsection comes into force.

(4)In section 113 (certificates of conviction for the purposes of Chapter 3)—

(a)after subsection (1) insert—

(1A)Where—

(a)a person is convicted—

(i)in any part of the United Kingdom other than England and Wales of a class A drug trafficking offence,

(ii)in any member State other than the United Kingdom of a corresponding drug trafficking offence, or

(iii)in any part of the United Kingdom other than England and Wales, or in any other member State, of a corresponding domestic burglary offence,

(b)in the case of a conviction by or before a court in the United Kingdom, it is stated in open court that the person has been convicted of such an offence on that date, and

(c)the court by or before which the person is convicted certifies, by way of a certificate signed by the proper officer of the court, the fact that the person has been convicted of such an offence on that date,the certificate is evidence, for the purposes of the relevant section of this Chapter, that the person was convicted of such an offence on that date.”,

(b)after subsection (2) insert—

(2A)Where—

(a)a person is convicted—

(i)in any part of the United Kingdom other than England and Wales of a class A drug trafficking offence,

(ii)in any member State other than the United Kingdom of a corresponding drug trafficking offence, or

(iii)in any part of the United Kingdom other than England and Wales, or in any other member State, of a corresponding domestic burglary offence,

(b)in the case of a conviction by or before a court in the United Kingdom, it is stated in open court that the offence was committed on a particular day or over, or at some time during, a particular period, and

(c)the court by or before which the person is convicted certifies, by way of a certificate signed by the proper officer of the court, that the offence was committed on a particular day or over, or at some time during, a particular period,the certificate is evidence, for the purposes of the relevant section of this Chapter, that the offence was committed on that day or over, or at some time during, that period.”, and

(c)in subsection (3)—

(i)at the beginning of the definitions insert—

proper officer” means the clerk of the court, that clerk's deputy or any other person having custody of the court record;, and

(ii)omit “and” at the end of the definition of “class A drug trafficking offence” and “domestic burglary”, and after those definitions insert—

corresponding drug trafficking offence” means an offence within section 110(2A)(a)(ii);

corresponding domestic burglary offence” means an offence within section 111(2A)(a)(ii); and.

(5)In section 114 (offences under service law) (as substituted by Schedule 16 to the Armed Forces Act 2006 (c. 52))—

(a)after subsection (1) insert—

(1A)Where—

(a)a person has at any time been found guilty of a member State service offence committed after the relevant date, and

(b)the corresponding UK offence was a class A drug trafficking offence or a domestic burglary,

the relevant section of this Chapter and subsection (1) above shall have effect as if the person had at that time been convicted in England and Wales of that corresponding UK offence.

(1B)For the purposes of subsection (1A)—

(a)member State service offence” means an offence which—

(i)was the subject of proceedings under the service law of a member State other than the United Kingdom, and

(ii)at the time it was done would have constituted an offence under the law of any part of the United Kingdom, or an offence under section 42 of the Armed Forces Act 2006, if it had been done in any part of the United Kingdom by a member of Her Majesty's forces (“the corresponding UK offence”);

(b)relevant date” means—

(i)where the corresponding UK offence was a class A drug trafficking offence, the relevant date referred to in section 110(2A)(b), and

(ii)where the corresponding UK offence was a domestic burglary, the relevant date referred to in section 111(2A)(b)(ii);

(c)Her Majesty's forces” has the same meaning as in the Armed Forces Act 2006;

(d)service law”, in relation to a member State other than the United Kingdom, means the law governing all or any of the naval, military or air forces of that State.”, and

(b)after subsection (3) insert—

(4)Where—

(a)the corresponding UK offence is an offence under section 42 of the Armed Forces Act 2006 by reason of section 43, 45, 46 or 47 of that Act (attempting, conspiring to commit, inciting, aiding, abetting, counselling or procuring criminal conduct); and

(b)the act to which it relates (“the contemplated act”) is not an act that is (or that if done would have been) punishable by the law of England and Wales;

for the purposes of subsections (1A) and (1B) it must be assumed that the contemplated act amounted to the offence under the law of England and Wales that it would have amounted to if it had been the equivalent act in England or Wales.

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Commencement Information

I110Sch. 17 para. 10 in force at 15.8.2010 by S.I. 2010/1858, art. 3(d)(iv)

Restriction on imposing custodial sentence or service detentionE+W

11In section 263 of the Armed Forces Act 2006 (c. 52) (restriction on imposing custodial sentence or service detention on unrepresented offender)—E+W

(a)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

(b)at the end of subsection (6)(b) insert—

(c)member State service offence” means an offence which—

(i)was the subject of proceedings under the service law of a member State other than the United Kingdom, and

(ii)at the time it was done, would have constituted an offence in any part of the United Kingdom, or a service offence, if it had been done in any part of the United Kingdom by a member of Her Majesty's forces;

(d)service law”, in relation to a member State other than the United Kingdom, means the law governing all or any of the naval, military or air forces of that State.

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Commencement Information

I111Sch. 17 para. 11 in force at 15.8.2010 by S.I. 2010/1858, art. 3(d)(v)

Young offenders: referral conditionsE+W

12(1)Section 17 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (referral conditions for young offenders) (as amended by the Criminal Justice and Immigration Act 2008 (c. 4)) is amended as follows.E+W

(2)For subsection (1)(b) substitute—

(b)has never been—

(i)convicted by or before a court in the United Kingdom of any offence other than the offence and any connected offence, or

(ii)convicted by or before a court in another member State of any offence.

F16(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Commencement Information

I112Sch. 17 para. 12 in force at 15.8.2010 by S.I. 2010/1858, art. 3(d)(vi)

Proving of foreign convictions before courts in England and WalesE+W

13(1)Section 73 of the Police and Criminal Evidence Act 1984 (c. 60) (proof of convictions and acquittals) is amended as follows.E+W

(2)In subsection (1), after “Kingdom” insert “ or any other member State ”.

(3)In subsection (2), after paragraph (b) insert ; and

(c)shall, as regards a conviction or acquittal by a court in a member State (other than the United Kingdom), consist of a certificate, signed by the proper officer of the court where the conviction or acquittal took place, giving details of the offence, of the conviction or acquittal, and of any sentence;.

(4)In subsection (3)—

(a)in paragraph (b), after “other court” insert “ in the United Kingdom ”, and

(b)after that paragraph add “, and

(c)in relation to any court in another member State (“the EU court”), a person who would be the proper officer of the EU court if that court were in the United Kingdom.

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Commencement Information

I113Sch. 17 para. 13 in force at 15.8.2010 by S.I. 2010/1858, art. 3(d)(vii)

14(1)Section 74 of that Act (conviction as evidence of commission of offence) is amended as follows.E+W

(2)In subsection (1), after “Kingdom” (in first place it occurs) insert “ or any other member State ”.

(3)In subsection (2), after “Kingdom” (in first place it occurs) insert “ or any other member State ”.

(4)In subsection (3)(a) after “Kingdom” insert “ or any other member State ”.

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Commencement Information

I114Sch. 17 para. 14 in force at 15.8.2010 by S.I. 2010/1858, art. 3(d)(vii)

15In section 75 of that Act (provisions supplementary to section 74), for subsection (1)(b) substitute—E+W

(b)the contents of—

(i)the information, complaint, indictment or charge-sheet on which the person in question was convicted, or

(ii)in the case of a conviction of an offence by a court in a member State (other than the United Kingdom), any document produced in relation to the proceedings for that offence which fulfils a purpose similar to any document or documents specified in sub-paragraph (i),.

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Commencement Information

I115Sch. 17 para. 15 in force at 15.8.2010 by S.I. 2010/1858, art. 3(d)(vii)

Proving of foreign convictions before courts in Northern IrelandE+W

16(1)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.E+W

(2)After paragraph (1) insert—

(1A)Where in any criminal proceedings the fact that a person has in a member State been convicted or acquitted of an offence is admissible in evidence, it may be proved by—

(a)producing a certificate of conviction or, as the case may be, of acquittal relating to that offence, and

(b)proving that the person named in the certificate as having been convicted or acquitted of the offence is the person whose conviction or acquittal of the offence is to be proved.

(3)In paragraph (2), after sub-paragraph (b) insert “; and

(c)shall, as regards a conviction or acquittal by a court in a member State (other than the United Kingdom), consist of a certificate, signed by the clerk of the court where the conviction or acquittal took place, giving details of the offence, of the conviction or acquittal, and of any sentence;.

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Commencement Information

I116Sch. 17 para. 16 in force at 18.4.2011 for N.I. by S.R. 2011/182, art. 2(d)(ii)

17(1)Article 72 of that Order (conviction as evidence of commission of offence) is amended as follows.E+W

(2)In paragraph (1), after “Kingdom” (in first place it occurs) insert “ or any other member State ”.

(3)In paragraph (2), after “Kingdom” (in first place it occurs) insert “ or any other member State ”.

(4)In paragraph (3)(a), after “Kingdom” insert “ or any other member State ”.

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Commencement Information

I117Sch. 17 para. 17 in force at 18.4.2011 for N.I. by S.R. 2011/182, art. 2(d)(ii)

18In Article 73 of that Order (provisions supplementary to Article 72), for paragraph (1)(b) substitute—E+W

(b)the contents of—

(i)the complaint, information, indictment or charge-sheet on which the person in question was convicted, or

(ii)in the case of a conviction of an offence by a court in a member State (other than the United Kingdom), any document produced in relation to the proceedings for that offence which fulfils a purpose similar to any document or documents specified in paragraph (i),.

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Commencement Information

I118Sch. 17 para. 18 in force at 18.4.2011 for N.I. by S.R. 2011/182, art. 2(d)(ii)

Section 152

F17Schedule 18E+WMotor vehicle orders

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

Section 169

Schedule 19E+WExploitation proceeds investigations

1Part 8 of the Proceeds of Crime Act 2002 (c. 29) (investigations) is amended as follows.E+W

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Commencement Information

I119Sch. 19 para. 1 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 18

2In section 341 (investigations), after subsection (4) add—E+W

(5)For the purposes of this Part an exploitation proceeds investigation is an investigation for the purposes of Part 7 of the Coroners and Justice Act 2009 (criminal memoirs etc) into—

(a)whether a person is a qualifying offender,

(b)whether a person has obtained exploitation proceeds from a relevant offence,

(c)the value of any benefits derived by a person from a relevant offence, or

(d)the available amount in respect of a person.

Paragraphs (a) to (d) are to be construed in accordance with that Part of that Act.

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Commencement Information

I120Sch. 19 para. 2 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 18

3In section 342 (offences of prejudicing investigation)—E+W

(a)in subsection (1), after “detained cash investigation” insert “ , an exploitation proceeds investigation ”, and

(b)after subsection (3)(ba) insert—

(bb)the disclosure is made in the exercise of a function under Part 7 of the Coroners and Justice Act 2009 (criminal memoirs etc) or in compliance with a requirement imposed under or by virtue of that Act,.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I121Sch. 19 para. 3 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 18

4In section 343(3) (judges) after “civil recovery investigation” insert “ or an exploitation proceeds investigation ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I122Sch. 19 para. 4 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 18

5In section 344(b) (courts) after “civil recovery investigation” insert “ or an exploitation proceeds investigation ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I123Sch. 19 para. 5 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 18

6In section 345(2) (production orders), in paragraph (a) after “confiscation investigation” insert “ , an exploitation proceeds investigation ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I124Sch. 19 para. 6 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 18

7In section 346 (requirements for making of production order)—E+W

(a)after subsection (2)(c) add—

(d)in the case of an exploitation proceeds investigation, the person the application for the order specifies as being subject to the investigation is within subsection (2A)., and

(b)after subsection (2) insert—

(2A)A person is within this subsection if, for the purposes of Part 7 of the Coroners and Justice Act 2009 (criminal memoirs etc), exploitation proceeds have been obtained by the person from a relevant offence by reason of any benefit derived by the person.

This subsection is to be construed in accordance with that Part.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I125Sch. 19 para. 7 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 18

8In section 350(5) (government departments), in paragraph (b) after “civil recovery investigation” insert “ or an exploitation proceeds investigation ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I126Sch. 19 para. 8 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 18

9In section 351(8) (supplementary) after “civil recovery investigation” insert “ or an exploitation proceeds investigation ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I127Sch. 19 para. 9 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 18

10In section 352 (search and seizure warrants)—E+W

(a)in subsection (2)(a), after “confiscation investigation” insert “ , an exploitation proceeds investigation ”, and

(b)after subsection (5)(c) add—

(d)a member of SOCA's staff, if the warrant is sought for the purposes of an exploitation proceeds investigation.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I128Sch. 19 para. 10 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 18

11In section 353 (requirements where production order not available)—E+W

(a)after subsection (2)(c) insert—

(d)in the case of an exploitation proceeds investigation, the person specified in the application for the warrant is within section 346(2A).,

(b)in subsection (5)(a), for “or (8)” substitute “ , (8) or (8A) ”,

(c)after subsection (8) insert—

(8A)In the case of an exploitation proceeds investigation, material falls within this subsection if it cannot be identified at the time of the application but it—

(a)relates to the person specified in the application, the question whether exploitation proceeds have been obtained from a relevant offence in relation to that person, any question as to the extent or whereabouts of any benefit as a result of which exploitation proceeds are obtained or any question about the person's available amount, and

(b)is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought.

This subsection is to be construed in accordance with Part 7 of the Coroners and Justice Act 2009 (criminal memoirs etc).”, and

(d)after subsection (10)(c) add—

(d)a member of SOCA's staff, if the warrant is sought for the purposes of an exploitation proceeds investigation.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I129Sch. 19 para. 11 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 18

12In section 356 (further provision: civil recovery), in subsection (1) after “civil recovery investigations” insert “ or exploitation proceeds investigations ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I130Sch. 19 para. 12 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 18

13In section 357 (disclosure orders)—E+W

(a)after subsection (3)(b) add “, or

(c)a person specified in the application is subject to an exploitation proceeds investigation and the order is sought for the purposes of the investigation., and

(b)after subsection (7)(b) add “; and

(c)in relation to an exploitation proceeds investigation, a member of SOCA's staff.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I131Sch. 19 para. 13 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 18

14In section 358(2) (requirements for making of disclosure order) after paragraph (b) add—E+W

(c)in the case of an exploitation proceeds investigation, the person specified in the application for the order is a person within section 346(2A).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I132Sch. 19 para. 14 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 18

15In section 362(5) (supplementary) after “investigation” add “ or an exploitation proceeds investigation ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I133Sch. 19 para. 15 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 18

16In section 363(2) (customer information orders), in paragraph (a) after “investigation”, in first place it occurs, insert “ , an exploitation proceeds investigation ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I134Sch. 19 para. 16 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 18

17In section 370(2) (account monitoring orders), in paragraph (a) after “confiscation investigation” insert “ , an exploitation proceeds investigation ”.E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I135Sch. 19 para. 17 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 18

18After section 378(6) (officers) insert—E+W

(6A)In relation to an exploitation proceeds investigation, a member of SOCA's staff is an appropriate officer.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I136Sch. 19 para. 18 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 18

Section 175

Schedule 20E+WAmendments of the Data Protection Act 1998 (c. 29)

Part 1 E+WData controllers' registration

1In section 16 of the Data Protection Act 1998 (meaning of “the registrable particulars” etc), in subsection (1)—E+W

(a)omit “and” at the end of paragraph (ff), and

(b)after paragraph (g) insert , and

(h)such information about the data controller as may be prescribed under section 18(5A).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

2In section 18 of that Act (notification by data controllers), after subsection (5) insert—E+W

(5A)Notification regulations may prescribe the information about the data controller which is required for the purpose of verifying the fee payable under subsection (5).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

3In section 19 of that Act (register of notifications), after subsection (7) add—E+W

(8)Nothing in subsection (6) or (7) applies to information which is included in an entry in the register only by reason of it falling within section 16(1)(h).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

Prospective

4In section 20 of that Act (duty to notify changes), in subsection (2)—E+W

(a)omit “that at any time”,

(b)at the beginning of paragraph (a) insert “ that at any time ”>,

(c)before “and” at the end of that paragraph insert—

(aa)that the correct fee is paid under section 19(4),, and

(d)at the beginning of paragraph (b) insert “ that at any time ”>.

Part 2 E+WAssessment notices

5(1)Section 48 of that Act (rights of appeal) is amended as follows.E+W

(2)In subsection (1) after “enforcement notice” insert “ , an assessment notice ”>.

(3)In subsection (3)—

(a)after “enforcement notice” insert “ , an assessment notice ”>, and

(b)after “40(8)” insert “ , 41B(2) ”>.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I140Sch. 20 para. 5 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 19

6In section 67 of that Act (general provision about orders etc under the Act)—E+W

(a)in subsection (4) insert at the appropriate place—

section 41A(2)(c),, and

(b)in subsection (5)(a) insert at the appropriate place—

section 41A(2)(b),.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I141Sch. 20 para. 6 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 19

7In section 70(1) of that Act (supplementary definitions) for the definition of “government department” substitute—E+W

government department”includes—

(a)any part of the Scottish Administration;

(b)a Northern Ireland department;

(c)the Welsh Assembly Government;

(d)any body or authority exercising statutory functions on behalf of the Crown.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I142Sch. 20 para. 7 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 19

Part 3 E+WPowers to require information

8(1)Section 43 of that Act (information notices) is amended as follows.E+W

(2)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. ”>

(3)After that subsection insert—

(1A)In subsection (1) “specified information” means information—

(a)specified, or described, in the information notice, or

(b)falling within a category which is specified, or described, in the information notice.

(1B)The Commissioner may also specify in the information notice—

(a)the form in which the information must be furnished;

(b)the period within which, or the time and place at which, the information must be furnished.

(4)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, ”>.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I143Sch. 20 para. 8 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 19

9(1)Section 44 of that Act (special information notices) is amended as follows.E+W

(2)in subsection (1) for “, within” to the end substitute “ to furnish the Commissioner with specified information for the purpose specified in subsection (2). ”>

(3)After subsection (1) insert—

(1A)In subsection (1) “specified information” means information—

(a)specified, or described, in the special information notice, or

(b)falling within a category which is specified, or described, in the special information notice.

(1B)The Commissioner may also specify in the special information notice—

(a)the form in which the information must be furnished;

(b)the period within which, or the time and place at which, the information must be furnished.

(4)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, ”.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I144Sch. 20 para. 9 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 19

Part 4 E+WRestriction on use of information

10(1)Section 43 of that Act (information notices) is amended as follows.E+W

(2)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), ”.

(3)After that subsection insert—

(8A)The offences mentioned in subsection (8) are—

(a)an offence under section 5 of the Perjury Act 1911 (false statements made otherwise than on oath),

(b)an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath), or

(c)an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (false statutory declarations and other false unsworn statements).

(8B)Any relevant statement provided by a person in response to a requirement under this section may not be used in evidence against that person on a prosecution for any offence under this Act (other than an offence under section 47) unless in the proceedings—

(a)in giving evidence the person provides information inconsistent with it, and

(b)evidence relating to it is adduced, or a question relating to it is asked, by that person or on that person's behalf.

(8C)In subsection (8B) “relevant statement”, in relation to a requirement under this section, means—

(a)an oral statement, or

(b)a written statement made for the purposes of the requirement.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I145Sch. 20 para. 10 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 19

11(1)Section 44 of that Act (special information notices) is amended as follows.E+W

(2)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), ”.

(3)After subsection (9) of that section insert—

(9A)The offences mentioned in subsection (9) are—

(a)an offence under section 5 of the Perjury Act 1911 (false statements made otherwise than on oath),

(b)an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath), or

(c)an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (false statutory declarations and other false unsworn statements).

(9B)Any relevant statement provided by a person in response to a requirement under this section may not be used in evidence against that person on a prosecution for any offence under this Act (other than an offence under section 47) unless in the proceedings—

(a)in giving evidence the person provides information inconsistent with it, and

(b)evidence relating to it is adduced, or a question relating to it is asked, by that person or on that person's behalf.

(9C)In subsection (9B) “relevant statement”, in relation to a requirement under this section, means—

(a)an oral statement, or

(b)a written statement made for the purposes of the requirement.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I146Sch. 20 para. 11 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 19

12(1)Paragraph 11 of Schedule 7 to that Act (miscellaneous exemptions: self incrimination) is amended as follows.E+W

(2)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), ”.

(3)After that sub-paragraph insert—

(1A)The offences mentioned in sub-paragraph (1) are—

(a)an offence under section 5 of the Perjury Act 1911 (false statements made otherwise than on oath),

(b)an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath), or

(c)an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (false statutory declarations and other false unsworn statements).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I147Sch. 20 para. 12 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 19

Part 5 E+WMonetary penalties: restriction on matters to be taken into account

13In section 55A of that Act (power of Commissioner to impose monetary penalties), after subsection (3) insert—E+W

(3A)The Commissioner may not be satisfied as mentioned in subsection (1) by virtue of any matter which comes to the Commissioner's attention as a result of anything done in pursuance of—

(a)an assessment notice;

(b)an assessment under section 51(7).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I148Sch. 20 para. 13 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 19

Part 6 E+WWarrant for entry and inspection

14(1)Schedule 9 to that Act (powers of entry and inspection) is amended as follows.E+W

(2)After sub-paragraph (1) of paragraph 1 insert—

(1A)Sub-paragraph (1B) applies if a circuit judge or a District Judge (Magistrates' Courts) is satisfied by information on oath supplied by the Commissioner that a data controller has failed to comply with a requirement imposed by an assessment notice.

(1B)The judge may, for the purpose of enabling the Commissioner to determine whether the data controller has complied or is complying with the data protection principles, grant a warrant to the Commissioner in relation to any premises that were specified in the assessment notice; but this is subject to sub-paragraph (2) and paragraph 2.

(3)In sub-paragraph (3) of that paragraph—

(a)for “sub-paragraph (1)” substitute “ this Schedule ”, and

(b)for the words from “to enter” to the end substitute

(a)to enter the premises;

(b)to search the premises;

(c)to inspect, examine, operate and test any equipment found on the premises which is used or intended to be used for the processing of personal data;

(d)to inspect and seize any documents or other material found on the premises which—

(i)in the case of a warrant issued under sub-paragraph (1), may be such evidence as is mentioned in that paragraph;

(ii)in the case of a warrant issued under sub-paragraph (1B), may enable the Commissioner to determine whether the data controller has complied or is complying with the data protection principles;

(e)to require any person on the premises to provide an explanation of any document or other material found on the premises;

(f)to require any person on the premises to provide such other information as may reasonably be required for the purpose of determining whether the data controller has contravened, or is contravening, the data protection principles.

(4)After sub-paragraph (1) of paragraph 2 insert—

(1A)In determining whether the Commissioner has given an occupier the seven days' notice referred to in sub-paragraph (1)(a) any assessment notice served on the occupier is to be disregarded.

(5)In paragraph 5 for “evidence in question would not be found” substitute “ object of the warrant would be defeated ”.

(6)In paragraph 12, at the end of paragraph (b) insert—

(c)makes a statement in response to a requirement under paragraph (e) or (f) of paragraph 1(3) which that person knows to be false in a material respect, or

(d)recklessly makes a statement in response to such a requirement which is false in a material respect,.

(7)After paragraph 15 add—

Self-incriminationE+W

16An explanation given, or information provided, by a person in response to a requirement under paragraph (e) or (f) of paragraph 1(3) may only be used in evidence against that person—

(a)on a prosecution for an offence under—

(i)paragraph 12,

(ii)section 5 of the Perjury Act 1911 (false statements made otherwise than on oath),

(iii)section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath), or

(iv)Article 10 of the Perjury (Northern Ireland) Order 1979 (false statutory declarations and other false unsworn statements), or

(b)on a prosecution for any other offence where—

(i)in giving evidence that person makes a statement inconsistent with that explanation or information, and

(ii)evidence relating to that explanation or information is adduced, or a question relating to it is asked, by that person or on that person's behalf.

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Commencement Information

I149Sch. 20 para. 14 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 19

Section 177

Schedule 21E+W+S+N.I.Minor and consequential amendments

Part 1 E+W+S+N.I.Coroners etc

Cremation Act 1902 (c. 8)E+W+S+N.I.

1In 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 ”.E+W+S+N.I.

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Commencement Information

I150Sch. 21 para. 1 in force at 25.7.2013 by S.I. 2013/1869, art. 2(o)(i)

Births and Deaths Registration Act 1926 (c. 48)E+W+S+N.I.

2The Births and Deaths Registration Act 1926 is amended as follows.E+W+S+N.I.

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Commencement Information

I151Sch. 21 para. 2 in force at 25.7.2013 by S.I. 2013/1869, art. 2(o)(i)

3In 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, ”.E+W+S+N.I.

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Commencement Information

I152Sch. 21 para. 3 in force at 25.7.2013 by S.I. 2013/1869, art. 2(o)(i)

4In section 5 (burial of still-born children), for the words after “delivered to him” substitute either— E+W+S+N.I.

(a)a certificate given by the registrar under section 11(2) or (3) of the Births and Deaths Registration Act 1953, or

(b)in a case in relation to which a senior coroner has made enquiries under section 1(7) of the Coroners and Justice Act 2009 (or has purported to conduct an investigation under Part 1 of that Act), an order of the coroner.

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Commencement Information

I153Sch. 21 para. 4 in force at 25.7.2013 by S.I. 2013/1869, art. 2(o)(i)

Visiting Forces Act 1952 (c. 67)E+W+S+N.I.

5(1)Section 7 of the Visiting Forces Act 1952 (provisions as to coroners' inquests etc) is amended as follows.E+W+S+N.I.

(2)For subsection (1) substitute—

(1)Subsections (1A) and (1B) of this section apply if a coroner who has jurisdiction to conduct an investigation under Part 1 of the Coroners and Justice Act 2009 into a person's death is satisfied that the deceased person, at the time of the death, had a relevant association with a visiting force.

(1A)If no investigation into the person's death has begun, the coroner shall not begin an investigation unless directed to do so by the Lord Chancellor.

(1B)If an investigation into the person's death has begun but has not been completed, the coroner shall suspend the investigation unless directed not to do so by the Lord Chancellor.

(3)In subsection (2)—

(a)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 ”,

(b)for “Secretary of State” substitute “ Lord Chancellor ”,

(c)for the words from “adjourn the inquest” to “discharge the jury,” substitute “ suspend the investigation ”, and

(d)for “at the inquest” substitute “ in the course of the investigation ”.

(4)After subsection (2) insert—

(2A)A coroner who suspends an investigation under this section shall—

(a)adjourn any inquest being held as part of the investigation, and

(b)discharge any jury that has been summoned.

(2B)The suspension of an investigation under this section does not prevent its suspension under Schedule 1 to the Coroners and Justice Act 2009; and vice versa.

(5)For subsection (3) substitute—

(3)Where an investigation is suspended under this section, the coroner shall not resume it except on the direction of the Lord Chancellor.

(3A)Where the investigation is resumed, the coroner must resume any inquest that was adjourned under subsection (2A).

(3B)A resumed inquest may be held with a jury if the coroner thinks that there is sufficient reason for it to be held with one.

(6)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 ”.

(7)In subsection (5), for “section two of the said Act of 1926” substitute “ section 24 of the Births and Deaths Registration Act 1953 ”.

(8)For subsection (7) substitute—

(7)In the application of this section to Northern Ireland—

(a)in subsection (1), for “a coroner who has jurisdiction to conduct an investigation under Part 1 of the Coroners and Justice Act 2009 into a person's death” there is substituted “ a coroner who has jurisdiction under the Coroners Act (Northern Ireland) 1959 to hold an inquest into a person's death ”;

(b)in subsection (1A), for “no investigation” there is substituted “ no inquest ” and for “an investigation” there is substituted “ an inquest ”;

(c)in subsection (1B), for “an investigation” there is substituted “ an inquest ”, and for “suspend the investigation” there is substituted “ adjourn the inquest ”;

(d)in subsection (2)—

(i)for “in the course of an investigation under Part 1 of the Coroners and Justice Act 2009” there is substituted “ on an inquest ”;

(ii)for “suspend the investigation” there is substituted “ adjourn the inquest ”;

(iii)for “in the course of the investigation” there is substituted “ at the inquest ”;

(e)in subsection (2A), for the words from “suspends an investigation” to the end there is substituted “ adjourns an inquest under this section shall discharge any jury that has been summoned ”;

(f)in subsection (3), for “investigation is suspended” there is substituted “ inquest is adjourned ”;

(g)subsection (3A) is omitted;

(h)in subsection (3B), for “A resumed inquest” there is substituted “ An inquest resumed under this section ”;

(i)subsections (4) and (5) are omitted.

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Commencement Information

I154Sch. 21 para. 5 in force at 25.7.2013 by S.I. 2013/1869, art. 2(o)(i)

Births and Deaths Registration Act 1953 (c. 20)E+W+S+N.I.

6The Births and Deaths Registration Act 1953 is amended as follows.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I155Sch. 21 para. 6 in force at 25.7.2013 by S.I. 2013/1869, art. 2(o)(i)

7In 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 ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I156Sch. 21 para. 7 in force at 25.7.2013 by S.I. 2013/1869, art. 2(o)(i)

8(1)Section 16 (information concerning death in a house) is amended as follows.E+W+S+N.I.

(2)In subsection (2)—

(a)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 ”,

(b)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

(c)after paragraph (b) insert—

(ba)any personal representative of the deceased;.

(3)In subsection (3)—

(a)in paragraph (a), for “the nearest relative such” substitute “ each such person ”,

(b)in paragraph (b)—

(i)for “no such relative” substitute “ no such person ”, and

(ii)for “each such relative” substitute “ each such person ”,

(c)in paragraph (c)—

(i)for “if there are no such relatives” substitute “ if neither of paragraphs (a) and (b) above applies ”, and

(ii)for “paragraph (c) or (d)” substitute “ paragraph (ba), (c) or (d) ”,

(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

(e)for “five days from the date of the death” substitute “ five days from the relevant date ”.

(4)In that subsection, for paragraph (ii) of the proviso substitute—

(ii)this subsection shall not have effect if an investigation is conducted under Part 1 of the 2009 Act into the death of the deceased person and has not been discontinued under section 4 of that Act (cause of death revealed by post-mortem examination).

(5)After that subsection insert—

(4)In this section, the expression “the relevant date” means—

(a)the date on which the registrar is notified in accordance with regulations under section 20(1)(f)(i) or (h)(i) of the 2009 Act (confirmation or certification by medical examiner of cause of death); or

(b)where an investigation under Part 1 of that Act into the death of the deceased person is discontinued under section 4 of that Act, the date of the discontinuance.

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Commencement Information

I157Sch. 21 para. 8(4) in force at 25.7.2013 by S.I. 2013/1869, art. 2(o)(ii)

9(1)Section 17 (information concerning other deaths) is amended as follows.E+W+S+N.I.

(2)In subsection (2)—

(a)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

(b)after that paragraph insert—

(aa)any personal representative of the deceased;.

(3)In subsection (3)—

(a)in paragraph (a), for “relative” substitute “ person ”,

(b)in paragraph (b), for “relatives” substitute “ persons ”,

(c)for “five days from the date of the death or of the finding of the body” substitute “ five days from the relevant date ”, and

(d)for paragraph (ii) of the proviso substitute—

(ii)this subsection shall not have effect if an investigation is conducted under Part 1 of the 2009 Act into the death of the deceased person and has not been discontinued under section 4 of that Act (cause of death revealed by post-mortem examination).

(4)After that subsection insert—

(4)In this section, the expression “the relevant date” means—

(a)the date on which the registrar is notified in accordance with regulations under section 20(1)(f)(i) or (h)(i) of the 2009 Act (confirmation or certification by medical examiner of cause of death); or

(b)where an investigation under Part 1 of that Act into the death of the deceased person is discontinued under section 4 of that Act, the date of the discontinuance.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

Prospective

10(1)Section 18 (notice preliminary to information of death) is amended as follows.E+W+S+N.I.

(2)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 ”.

(3)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), ”.

(4)For “from the date aforesaid” substitute “ from the relevant date ”.

(5)At the end of that section (which becomes subsection (1)) insert—

(2)In this section, the expression “the relevant date” means—

(a)the date on which the registrar is notified in accordance with regulations under section 20(1)(f)(i) or (h)(i) of the 2009 Act (confirmation or certification by medical examiner of cause of death); or

(b)where an investigation under Part 1 of that Act into the death of the deceased person is discontinued under section 4 of that Act (cause of death revealed by post-mortem examination), the date of the discontinuance.

11(1)In section 19 (registrar's power to require information concerning death), subsection (1) is amended as follows.E+W+S+N.I.