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Part 1 E+W+N.I.Coroners etc

Chapter 1E+WInvestigations into deaths

Duty to investigateE+W

1Duty to investigate certain deathsE+W

(1)A senior coroner who is made aware that the body of a deceased person is within that coroner's area must as soon as practicable conduct an investigation into the person's death if subsection (2) applies.

(2)This subsection applies if the coroner has reason to suspect that—

(a)the deceased died a violent or unnatural death,

(b)the cause of death is unknown, or

(c)the deceased died while in custody or otherwise in state detention.

(3)Subsection (1) is subject to sections 2 to 4.

(4)A senior coroner who has reason to believe that—

(a)a death has occurred in or near the coroner's area,

(b)the circumstances of the death are such that there should be an investigation into it, and

(c)the duty to conduct an investigation into the death under subsection (1) does not arise because of the destruction, loss or absence of the body,

may report the matter to the Chief Coroner.

(5)On receiving a report under subsection (4) the Chief Coroner may direct a senior coroner (who does not have to be the one who made the report) to conduct an investigation into the death.

(6)The coroner to whom a direction is given under subsection (5) must conduct an investigation into the death as soon as practicable.

This is subject to section 3.

(7)A senior coroner may make whatever enquiries seem necessary in order to decide—

(a)whether the duty under subsection (1) arises;

(b)whether the power under subsection (4) arises.

(8)This Chapter is subject to Schedule 10.

Commencement Information

I1S. 1 in force at 25.7.2013 by S.I. 2013/1869, art. 2(a)

Investigation by other coronerE+W

2Request for other coroner to conduct investigationE+W

(1)A senior coroner (coroner A) who is under a duty under section 1(1) to conduct an investigation into a person's death may request a senior coroner for another area (coroner B) to conduct the investigation.

(2)If coroner B agrees to conduct the investigation, that coroner (and not coroner A) must conduct the investigation, and must do so as soon as practicable.

(3)Subsection (2) does not apply if a direction concerning the investigation is given under section 3 before coroner B agrees to conduct the investigation.

(4)Subsection (2) is subject to—

(a)any direction concerning the investigation that is given under section 3 after the agreement, and

(b)section 4.

(5)A senior coroner must give to the Chief Coroner notice in writing of any request made by him or her under subsection (1), stating whether or not the other coroner agreed to it.

Commencement Information

I2S. 2 in force at 25.7.2013 by S.I. 2013/1869, art. 2(a)

3Direction for other coroner to conduct investigationE+W

(1)The Chief Coroner may direct a senior coroner (coroner B) to conduct an investigation under this Part into a person's death even though, apart from the direction, a different senior coroner (coroner A) would be under a duty to conduct it.

(2)Where a direction is given under this section, coroner B (and not coroner A) must conduct the investigation, and must do so as soon as practicable.

(3)Subsection (2) is subject to—

(a)any subsequent direction concerning the investigation that is given under this section, and

(b)section 4.

(4)The Chief Coroner must give notice in writing of a direction under this section to coroner A.

(5)A reference in this section to conducting an investigation, in the case of an investigation that has already begun, is to be read as a reference to continuing to conduct the investigation.

Commencement Information

I3S. 3 in force at 25.7.2013 by S.I. 2013/1869, art. 2(a)

Discontinuance of investigationE+W

4Discontinuance where cause of death [F1becomes clear before inquest] E+W

(1)A senior coroner who is responsible for conducting an investigation under this Part into a person's death must discontinue the investigation if—

[F2(a)the coroner is satisfied that the cause of death has become clear in the course of the investigation,

(aa)an inquest into the death has not yet begun, and]

(b)the coroner thinks that it is not necessary to continue the investigation.

(2)Subsection (1) does not apply if the coroner has reason to suspect that the deceased—

(a)died a violent or unnatural death, or

(b)died while in custody or otherwise in state detention.

(3)Where a senior coroner discontinues an investigation into a death under this section—

(a)the coroner may not hold an inquest into the death;

(b)no determination or finding under section 10(1) may be made in respect of the death.

This subsection does not prevent a fresh investigation under this Part from being conducted into the death.

(4)A senior coroner who discontinues an investigation into a death under this section must, if requested to do so in writing by an interested person, give to that person as soon as practicable a written explanation as to why the investigation was discontinued.

Textual Amendments

F1Words in s. 4 heading substituted (28.6.2022) by Judicial Review and Courts Act 2022 (c. 35), ss. 39(2), 51(3)

Commencement Information

I4S. 4 in force at 25.7.2013 by S.I. 2013/1869, art. 2(a)

Purpose of investigationE+W

5Matters to be ascertainedE+W

(1)The purpose of an investigation under this Part into a person's death is to ascertain—

(a)who the deceased was;

(b)how, when and where the deceased came by his or her death;

(c)the particulars (if any) required by the 1953 Act to be registered concerning the death.

(2)Where necessary in order to avoid a breach of any Convention rights (within the meaning of the Human Rights Act 1998 (c. 42)), the purpose mentioned in subsection (1)(b) is to be read as including the purpose of ascertaining in what circumstances the deceased came by his or her death.

(3)Neither the senior coroner conducting an investigation under this Part into a person's death nor the jury (if there is one) may express any opinion on any matter other than—

(a)the questions mentioned in subsection (1)(a) and (b) (read with subsection (2) where applicable);

(b)the particulars mentioned in subsection (1)(c).

This is subject to paragraph 7 of Schedule 5.

Commencement Information

I5S. 5 in force at 25.7.2013 by S.I. 2013/1869, art. 2(a)

InquestsE+W

6Duty to hold inquestE+W

A senior coroner who conducts an investigation under this Part into a person's death must (as part of the investigation) hold an inquest into the death.

This is subject to section 4(3)(a).

Commencement Information

I6S. 6 in force at 25.7.2013 by S.I. 2013/1869, art. 2(a)

7Whether jury requiredE+W

(1)An inquest into a death must be held without a jury unless subsection (2) or (3) applies.

(2)An inquest into a death must be held with a jury if the senior coroner has reason to suspect—

(a)that the deceased died while in custody or otherwise in state detention, and that either—

(i)the death was a violent or unnatural one, or

(ii)the cause of death is unknown,

(b)that the death resulted from an act or omission of—

(i)a police officer, or

(ii)a member of a service police force,

in the purported execution of the officer's or member's duty as such, or

(c)that the death was caused by a notifiable accident, poisoning or disease.

(3)An inquest into a death may be held with a jury if the senior coroner thinks that there is sufficient reason for doing so.

(4)For the purposes of subsection (2)(c) an accident, poisoning or disease is “notifiable” if notice of it is required under any Act to be given—

(a)to a government department,

(b)to an inspector or other officer of a government department, or

(c)to an inspector appointed under section 19 of the Health and Safety at Work etc. Act 1974 (c. 37).

[F3(5)But COVID-19 is not a notifiable disease for the purposes of subsection (2)(c).]

Textual Amendments

F3S. 7(5) inserted (temp.) (28.6.2022) by virtue of Judicial Review and Courts Act 2022 (c. 35), ss. 42(1), 51(3) (with s. 42(2)-(10))

Modifications etc. (not altering text)

Commencement Information

I7S. 7 in force at 25.7.2013 by S.I. 2013/1869, art. 2(a)

8Assembling a juryE+W

(1)The jury at an inquest (where there is a jury) is to consist of seven, eight, nine, ten or eleven persons.

(2)For the purpose of summoning a jury, a senior coroner may summon persons (whether within or without the coroner area for which that coroner is appointed) to attend at the time and place stated in the summons.

(3)Once assembled, the members of a jury are to be sworn by or before the coroner to inquire into the death of the deceased and to give a true determination according to the evidence.

(4)Only a person who is qualified to serve as a juror in the Crown Court, the High Court and the [F4county court], under section 1 of the Juries Act 1974 (c. 23), is qualified to serve as a juror at an inquest.

(5)The senior coroner may put to a person summoned under this section any questions that appear necessary to establish whether or not the person is qualified to serve as a juror at an inquest.

Textual Amendments

F4Words in s. 8(4) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 73; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Commencement Information

I8S. 8 in force at 25.7.2013 by S.I. 2013/1869, art. 2(a)

9Determinations and findings by juryE+W

(1)Subject to subsection (2), a determination or finding that a jury is required to make under section 10(1) must be unanimous.

(2)A determination or finding need not be unanimous if—

(a)only one or two of the jury do not agree on it, and

(b)the jury has deliberated for a period of time that the senior coroner thinks reasonable in view of the nature and complexity of the case.

Before accepting a determination or finding not agreed on by all the members of the jury, the coroner must require one of them to announce publicly how many agreed and how many did not.

(3)If the members of the jury, or the number of members required by subsection (2)(a), do not agree on a determination or finding, the coroner may discharge the jury and another one may be summoned in its place.

Commencement Information

I9S. 9 in force at 25.7.2013 by S.I. 2013/1869, art. 2(a)

[F59ASurrender of electronic communications devices by jurorsE+W

(1)A senior coroner holding an inquest with a jury may order the members of the jury to surrender any electronic communications devices for a period.

(2)An order may be made only if the senior coroner considers that—

(a)the order is necessary or expedient in the interests of justice, and

(b)the terms of the order are a proportionate means of safeguarding those interests.

(3)An order may only specify a period during which the members of the jury are—

(a)in the building in which the inquest is being heard,

(b)in other accommodation provided at the senior coroner's request,

(c)visiting a place in accordance with arrangements made for the purposes of the inquest, or

(d)travelling to or from a place mentioned in paragraph (b) or (c).

(4)An order may be made subject to exceptions.

(5)It is a contempt of court for a member of a jury to fail to surrender an electronic communications device in accordance with an order under this section.

(6)Proceedings for a contempt of court under this section may only be instituted on the motion of a senior coroner having jurisdiction to deal with it.

(7) In this section, “electronic communications device” means a device that is designed or adapted for a use which consists of or includes the sending or receiving of signals that are transmitted by means of an electronic communications network (as defined in section 32 of the Communications Act 2003).

9B Surrender of electronic communications devices: powers of search etc E+W

(1)This section applies where an order has been made under section 9A in respect of the members of a jury.

(2)A coroners' officer must, if ordered to do so by a senior coroner, search a member of the jury in order to determine whether the juror has failed to surrender an electronic communications device in accordance with the order.

(3)Subsection (2) does not authorise the officer to require a person to remove clothing other than a coat, jacket, headgear, gloves or footwear.

(4)If the search reveals a device which is required by the order to be surrendered—

(a)the officer must ask the juror to surrender the device, and

(b)if the juror refuses to do so, the officer may seize it.

(5)Subject to subsection (6), a coroners' officer may retain an article which was surrendered or seized under subsection (4) until the end of the period specified in the order.

(6)If a coroners' officer reasonably believes that the device may be evidence of, or in relation to, an offence, the officer may retain it until the later of—

(a)the end of the period specified in the order, and

(b)the end of such period as will enable the officer to draw it to the attention of a constable.

(7)A coroners' officer may not retain a device under subsection (6)(b) for a period of more than 24 hours from the time when it was surrendered or seized.

(8)The Lord Chancellor may by regulations make provision as to—

(a)the provision of written information about coroners' officers' powers of retention to persons by whom devices have been surrendered, or from whom devices have been seized, under this section,

(b)the keeping of records about devices which have been surrendered or seized under this section,

(c)the period for which unclaimed devices have to be kept, and

(d)the disposal of unclaimed devices at the end of that period.

(9)In this section—

[F69CInquests without jury to be conducted at hearing or in writingE+W

(1)Where an inquest into a death is to be held without a jury, the inquest is to be held—

(a)at a hearing, or

(b)if the senior coroner decides that a hearing is unnecessary, in writing.

(2)The senior coroner is not to decide that a hearing is unnecessary unless—

(a)the coroner has invited representations from each interested person known to the coroner,

(b)no interested person has represented on reasonable grounds that a hearing should take place,

(c)it appears to the coroner that there is no real prospect of disagreement among interested persons as to the determinations or findings that the inquest could or should make, and

(d)it appears to the coroner that no public interest would be served by a hearing.]

Textual Amendments

Outcome of investigationE+W

10Determinations and findings to be madeE+W

(1)After [F7considering the evidence given to] an inquest into a death, the senior coroner (if there is no jury) or the jury (if there is one) must—

(a)make a determination as to the questions mentioned in section 5(1)(a) and (b) (read with section 5(2) where applicable), and

(b)if particulars are required by the 1953 Act to be registered concerning the death, make a finding as to those particulars.

(2)A determination under subsection (1)(a) may not be framed in such a way as to appear to determine any question of—

(a)criminal liability on the part of a named person, or

(b)civil liability.

(3)In subsection (2) “criminal liability” includes liability in respect of a service offence.

Textual Amendments

F7Words in s. 10(1) substituted (28.6.2022) by Judicial Review and Courts Act 2022 (c. 35), ss. 40(3), 51(3)

Commencement Information

I10S. 10 in force at 25.7.2013 by S.I. 2013/1869, art. 2(a)

SuspensionE+W

11Duty or power to suspend or resume investigationsE+W

Schedule 1 makes provision about suspension and resumption of investigations.

Commencement Information

I11S. 11 in force at 25.7.2013 by S.I. 2013/1869, art. 2(a)

[F8Deaths related to the Northern Ireland TroublesE+W

Textual Amendments

11AInvestigations and inquests into Troubles-related deathsE+W

Schedule 1A makes provision about investigations and inquests into Troubles-related deaths.]

Death of service personnel abroadE+W

12Investigation in ScotlandE+W

(1)This section applies to the death outside the United Kingdom of a person within subsection (2) or (3).

(2)A person is within this subsection if at the time of the death the person was subject to service law by virtue of section 367 of the Armed Forces Act 2006 (c. 52) and was engaged in—

(a)active service,

(b)activities carried on in preparation for, or directly in support of, active service, or

(c)training carried out in order to improve or maintain the effectiveness of those engaged in active service.

(3)A person is within this subsection if at the time of the death the person was not subject to service law but—

(a)by virtue of paragraph 7 of Schedule 15 to the Armed Forces Act 2006 was a civilian subject to service discipline, and

(b)was accompanying persons subject to service law who were engaged in active service.

(4)If—

(a)the person's body is within Scotland or is expected to be brought to the United Kingdom, and

(b)the Secretary of State thinks that it may be appropriate for the circumstances of the death to be investigated under the [F9Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016],

the Secretary of State may notify the Lord Advocate accordingly.

(5)If—

(a)the person's body is within England and Wales, and

(b)the Chief Coroner thinks that it may be appropriate for the circumstances of the death to be investigated under that Act,

the Chief Coroner may notify the Lord Advocate accordingly.

13Investigation in England and Wales despite body being brought to ScotlandE+W

(1)The Chief Coroner may direct a senior coroner to conduct an investigation into a person's death if—

(a)the deceased is a person within subsection (2) or (3) of section 12,

(b)the Lord Advocate has been notified under subsection (4) or (5) of that section in relation to the death,

(c)the body of the deceased has been brought to Scotland,

(d)no inquiry into the circumstances of the death under the [F10Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016] has been held (or any such inquiry that has been started has not been concluded),

(e)the Lord Advocate notifies the Chief Coroner that, in the Lord Advocate's view, it may be appropriate for an investigation under this Part into the death to be conducted, and

(f)the Chief Coroner has reason to suspect that—

(i)the deceased died a violent or unnatural death,

(ii)the cause of death is unknown, or

(iii)the deceased died while in custody or otherwise in state detention.

(2)The coroner to whom a direction is given under subsection (1) must conduct an investigation into the death as soon as practicable.

This is subject to section 3.

Ancillary powers of coroners in relation to deathsE+W

14Post-mortem examinationsE+W

(1)A senior coroner may request a suitable practitioner to make a post-mortem examination of a body if—

(a)the coroner is responsible for conducting an investigation under this Part into the death of the person in question, or

(b)a post-mortem examination is necessary to enable the coroner to decide whether the death is one into which the coroner has a duty under section 1(1) to conduct an investigation.

(2)A request under subsection (1) may specify the kind of examination to be made.

(3)For the purposes of subsection (1) a person is a suitable practitioner if he or she—

(a)is a registered medical practitioner, or

(b)in a case where a particular kind of examination is requested, a practitioner of a description designated by the Chief Coroner as suitable to make examinations of that kind.

(4)Where a person informs the senior coroner that, in the informant's opinion, death was caused wholly or partly by the improper or negligent treatment of a registered medical practitioner or other person, that practitioner or other person—

(a)must not make, or assist at, an examination under this section of the body, but

(b)is entitled to be represented at such an examination.

This subsection has no effect as regards a post-mortem examination already made.

(5)A person who makes a post-mortem examination under this section must as soon as practicable report the result of the examination to the senior coroner in whatever form the coroner requires.

Commencement Information

I14S. 14 in force at 25.7.2013 by S.I. 2013/1869, art. 2(a)

15Power to remove bodyE+W

(1)A senior coroner who—

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

(b)needs to request a post-mortem examination under section 14 in order to decide whether the death is one into which the coroner has a duty under section 1(1) to conduct an investigation,

may order the body to be removed to any suitable place.

(2)That place may be within the coroner's area or elsewhere.

(3)The senior coroner may not order the removal of a body under this section to a place provided by a person who has not consented to its being removed there.

This does not apply to a place within the coroner's area that is provided by a district council, a county council, a county borough council, a London borough council or the Common Council.

Commencement Information

I15S. 15 in force at 25.7.2013 by S.I. 2013/1869, art. 2(a)

MiscellaneousE+W

16Investigations lasting more than a yearE+W

(1)A senior coroner who is conducting an investigation under this Part into a person's death that has not been completed or discontinued within a year—

(a)must notify the Chief Coroner of that fact;

(b)must notify the Chief Coroner of the date on which the investigation is completed or discontinued.

(2)In subsection (1) “within a year” means within the period of 12 months beginning with the day on which the coroner was made aware that the person's body was within the coroner's area.

(3)The Chief Coroner must keep a register of notifications given under subsection (1).

Commencement Information

I16S. 16 in force at 25.7.2013 by S.I. 2013/1869, art. 2(a)

17Monitoring of and training for investigations into deaths of service personnelE+W

(1)The Chief Coroner must—

(a)monitor investigations under this Part into service deaths;

(b)secure that coroners conducting such investigations are suitably trained to do so.

(2)In this section “service death” means the death of a person who at the time of the death was subject to service law by virtue of section 367 of the Armed Forces Act 2006 (c. 52) and was engaged in—

(a)active service,

(b)activities carried on in preparation for, or directly in support of, active service, or

(c)training carried out in order to improve or maintain the effectiveness of those engaged in active service.

Commencement Information

I17S. 17 in force at 25.7.2013 by S.I. 2013/1869, art. 2(a)

Chapter 2E+WNotification, certification and registration of deaths

18Notification by medical practitioner to senior coronerE+W

(1)The Lord Chancellor may make regulations requiring a registered medical practitioner, in prescribed cases or circumstances, to notify a senior coroner of a death of which the practitioner is aware.

(2)Before making regulations under this section the Lord Chancellor must consult—

(a)the Secretary of State for Health [F11and Social Care], and

(b)the Chief Coroner.

[F1218AMedical examiners: EnglandE+W

(1)An English NHS body may appoint persons as medical examiners to discharge in England the functions conferred on medical examiners by or under this Chapter.

(2)The Secretary of State must take such steps as the Secretary of State considers appropriate for the purpose of ensuring—

(a)that enough medical examiners are appointed under subsection (1) to enable those functions to be discharged in England,

(b)that the funds and other resources that are made available to such medical examiners are enough to enable those functions to be discharged in England, and

(c)that the performance of such medical examiners is monitored by reference to any standards or levels of performance that they are expected to attain.

(3)For the purposes of discharging the duty in subsection (2), the Secretary of State may give a direction to an English NHS body—

(a)requiring the body to appoint or arrange for the appointment of one or more medical examiners,

(b)about the funds or other resources to be made available to a medical examiner employed by an English NHS body,

(c)about the steps to be taken by the body to monitor the performance of such a medical examiner, or

(d)about the steps to be taken by the body to monitor the performance of functions by an English NHS body in relation to such a medical examiner.

(4)In this section “English NHS body” means—

(a)NHS England,

(b)an integrated care board established under section 14Z25 of the National Health Service Act 2006,

(c)a National Health Service trust established under section 25 of that Act,

(d)a Special Health Authority established under section 28 of that Act, or

(e)an NHS foundation trust within the meaning of section 30 of that Act.

18BMedical examiners: WalesE+W

(1)A Welsh NHS body may appoint persons as medical examiners to discharge in Wales the functions conferred on medical examiners by or under this Chapter.

(2)The Welsh Ministers must take such steps as the Welsh Ministers consider appropriate for the purpose of ensuring—

(a)that enough medical examiners are appointed under subsection (1) to enable those functions to be discharged in Wales,

(b)that the funds and other resources that are made available to such medical examiners are enough to enable those functions to be discharged in Wales, and

(c)that the performance of such medical examiners is monitored by reference to any standards or levels of performance that they are expected to attain.

(3)In this section “Welsh NHS body” means—

(a)a Local Health Board,

(b)a National Health Service trust established under section 18 of the National Health Service (Wales) Act 2006, or

(c)a Special Health Authority established under section 22 of that Act.]

19Medical examiners [F13: supplementary]E+W

F14(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)A person may be appointed as a medical examiner only if, at the time of the appointment, he or she—

(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.

(4)The appropriate Minister may by regulations make—

(a)provision about the terms of appointment of medical examiners and about termination of appointment;

(b)provision for the payment to medical examiners of remuneration, expenses, fees, compensation for termination of appointment, pensions, allowances or gratuities;

(c)provision as to training—

(i)to be undertaken as a precondition for appointment as a medical examiner;

(ii)to be undertaken by medical examiners;

(d)provision about the procedure to be followed in connection with the exercise of functions by medical examiners;

(e)provision conferring functions on medical examiners;

(f)provision for functions of medical examiners to be exercised, during a period of emergency, by persons not meeting the criteria in subsection (3).

(5)Nothing in [F16section 18A or 18B or] this section, or in regulations under this section, gives [F17an English NHS body (as defined by section 18A) or a Welsh NHS body (as defined by section 18B)] any role in relation to the way in which medical examiners exercise their professional judgment as medical practitioners.

(6)In this section “the appropriate Minister” means—

(a)in relation to England, the Secretary of State;

(b)in relation to Wales, the Welsh Ministers.

(7)For the purposes of this section a “period of emergency” is a period certified as such by the Secretary of State on the basis that there is or has been, or is about to be, an event or situation involving or causing, or having the potential to cause, a substantial loss of human life throughout, or in any part of, England and Wales.

(8)A certification under subsection (7) must specify—

(a)the date when the period of emergency begins, and

(b)the date when it is to end.

(9)Subsection (8)(b) does not prevent the Secretary of State certifying a new period of emergency in respect of the same event or situation.

20Medical certificate of cause of deathE+W

(1)The Secretary of State may by regulations make the following provision in relation to a death that is required to be registered under Part 2 of the 1953 Act—

(a)provision requiring a registered medical practitioner who attended the deceased before his or her death (an “attending practitioner”)—

(i)to prepare a certificate stating the cause of death to the best of the practitioner's knowledge and belief (an “attending practitioner's certificate”), or

(ii)where the practitioner is unable to establish the cause of death, to refer the case to a senior coroner;

(b)provision requiring a copy of an attending practitioner's certificate to be given to a medical examiner;

(c)provision allowing an attending practitioner, if invited to do so by the medical examiner or a registrar, to issue a fresh attending practitioner's certificate superseding the existing one;

(d)provision requiring a senior coroner to refer a case to a medical examiner;

(e)provision requiring a medical examiner to make whatever enquiries appear to be necessary in order to confirm or establish the cause of death;

(f)provision requiring a medical examiner to whom a copy of an attending practitioner's certificate has been given—

(i)to confirm the cause of death stated on the certificate and to notify a registrar that the cause of death has been confirmed, or

(ii)where the examiner is unable to confirm the cause of death, to refer the case to a senior coroner;

(g)provision for an attending practitioner's certificate, once the cause of death has been confirmed as mentioned in paragraph (f), to be given to a registrar;

(h)provision requiring a medical examiner to whom a case has been referred by a senior coroner—

(i)to issue a certificate stating the cause of death to the best of the examiner's knowledge and belief (a “medical examiner's certificate”) and to notify a registrar that the certificate has been issued, or

(ii)where the examiner is unable to establish the cause of the death, to refer the case back to the coroner;

(i)provision for a medical examiner's certificate to be given to a registrar;

(j)provision allowing a medical examiner, if invited to do so by the registrar, to issue a fresh medical examiner's certificate superseding the existing one;

(k)provision requiring a medical examiner or someone acting on behalf of a medical examiner—

(i)to discuss the cause of death with the informant or with some other person whom the examiner considers appropriate, and

(ii)to give him or her the opportunity to mention any matter that might cause a senior coroner to think that the death should be investigated under section 1;

(l)provision for confirmation to be given in writing, either by the informant or by a person of a prescribed description, that the requirement referred to in paragraph (k) has been complied with;

(m)provision prescribing forms (including the form of an attending practitioner's certificate and of a medical examiner's certificate) for use by persons exercising functions under the regulations, and requiring the forms to be made available to those persons;

(n)provision requiring the Chief Medical Officer of the Department of Health [F18and Social Care], after consulting—

(i)the Officer with corresponding functions in relation to Wales,

(ii)the Registrar General, and

(iii)the Statistics Board,

to issue guidance as to how certificates and other forms under the regulations are to be completed;

(o)provision for certificates or other forms under the regulations to be signed or otherwise authenticated.

(2)Regulations under subsection (1) imposing a requirement—

(a)may prescribe a period within which the requirement is to be complied with;

(b)may prescribe cases or circumstances in which the requirement does, or does not, apply (and may, in particular, provide for the requirement not to apply during a period of emergency).

(3)The power under subsection (1)(m) to prescribe forms is exercisable only after consultation with—

(a)the Welsh Ministers,

(b)the Registrar General, and

(c)the Statistics Board.

(4)Regulations under subsection (1) may provide for functions that would otherwise be exercisable by a registered medical practitioner who attended the deceased before his or her death to be exercisable, during a period of emergency, by a registered medical practitioner who did not do so.

(5)The appropriate Minister may by regulations provide for a fee to be payable to [F19an English NHS body (as defined by section 18A) or a Welsh NHS body (as defined by section 18B)] in respect of—

(a)a medical examiner's confirmation of the cause of death stated on an attending practitioner's certificate, or

(b)the issue of a medical examiner's certificate.

(6)Section 7 of the Cremation Act 1902 (c. 8) (regulations as to burning) does not require the Secretary of State to make regulations, or to include any provision in regulations, if or to the extent that he or she thinks it unnecessary to do so in consequence of—

(a)provision made by regulations under this Chapter or by Coroners regulations, or

(b)provision contained in, or made by regulations under, Part 2 of the 1953 Act as amended by Part 1 of Schedule 21 to this Act.

(7)In this section—

the appropriate Minister” has the same meaning as in section 19;

21National Medical ExaminerE+W

(1)The Secretary of State may appoint a person as National Medical Examiner.

(2)The National Medical Examiner is to have—

(a)the function of issuing guidance to medical examiners with a view to securing that they carry out their functions in an effective and proportionate manner;

(b)any further functions conferred by regulations made by the Secretary of State.

(3)Before appointing a person as National Medical Examiner or making regulations under subsection (2)(b), the Secretary of State must consult the Welsh Ministers.

(4)A person may be appointed as National Medical Examiner only if, at the time of the appointment, he or she—

(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.

(5)The appointment of a person as National Medical Examiner is to be on whatever terms and conditions the Secretary of State thinks appropriate.

(6)The Secretary of State may pay to the National Medical Examiner—

(a)amounts determined by the Secretary of State by way of remuneration or allowances;

(b)amounts determined by the Secretary of State towards expenses incurred in performing functions as such.

(7)The National Medical Examiner may amend or revoke any guidance issued under subsection (2)(a).

(8)The National Medical Examiner must consult the Welsh Ministers before issuing, amending or revoking any such guidance.

(9)Medical examiners must have regard to any such guidance in carrying out their functions.

Commencement Information

I21S. 21 in force at 18.6.2018 by S.I. 2018/727, art. 2

Chapter 3E+WCoroner areas, appointments etc

22Coroner areasE+W

Schedule 2 makes provision about coroner areas.

Commencement Information

I22S. 22 in force at 25.7.2013 by S.I. 2013/1869, art. 2(b)

23Appointment etc of senior coroners, area coroners and assistant coronersE+W

Schedule 3 makes provision about the appointment etc of senior coroners, area coroners and assistant coroners.

Commencement Information

I23S. 23 in force at 25.7.2013 by S.I. 2013/1869, art. 2(b)

24Provision of staff and accommodationE+W

(1)The relevant authority for a coroner area—

(a)must secure the provision of whatever officers and other staff are needed by the coroners for that area to carry out their functions;

(b)must provide, or secure the provision of, accommodation that is appropriate to the needs of those coroners in carrying out their functions;

(c)must maintain, or secure the maintenance of, accommodation provided under paragraph (b).

(2)Subsection (1)(a) applies to a particular coroner area only if, or to the extent that, the necessary officers and other staff for that area are not provided by a [F20local policing body].

(3)Subsection (1)(c) does not apply in relation to accommodation the maintenance of which is the responsibility of a person other than the relevant authority in question.

(4)In deciding how to discharge its duties under subsection (1)(b) and (c), the relevant authority for a coroner area must take into account the views of the senior coroner for that area.

(5)A reference in subsection (1) to the coroners for an area is to the senior coroner, and any area coroners or assistant coroners, for that area.

Textual Amendments

Commencement Information

I24S. 24 in force at 25.7.2013 by S.I. 2013/1869, art. 2(b)

Prospective

Chapter 4E+WInvestigations concerning treasure

25Coroner for Treasure and Assistant Coroners for TreasureE+W

Schedule 4 makes provision about the appointment etc of the Coroner for Treasure and Assistant Coroners for Treasure.

26Investigations concerning treasureE+W

(1)The Coroner for Treasure must conduct an investigation concerning an object in respect of which notification is given under section 8(1) of the Treasure Act 1996 (c. 24).

(2)The Coroner for Treasure may conduct an investigation concerning an object in respect of which notification has not been given under that section if he or she has reason to suspect that the object is treasure.

(3)The Coroner for Treasure may conduct an investigation concerning an object if he or she has reason to suspect that the object is treasure trove.

(4)Subsections (1) to (3) are subject to section 29.

(5)The purpose of an investigation under this section is to ascertain—

(a)whether or not the object in question is treasure or treasure trove;

(b)if it is treasure or treasure trove, who found it, where it was found and when it was found.

(6)Senior coroners, area coroners and assistant coroners have no functions in relation to objects that are or may be treasure or treasure trove.

This is subject to paragraph 11 of Schedule 4 (which enables an assistant coroner acting as an Assistant Coroner for Treasure to perform functions of the Coroner for Treasure).

27Inquests concerning treasureE+W

(1)The Coroner for Treasure may, as part of an investigation under section 26, hold an inquest concerning the object in question (a “treasure inquest”).

(2)A treasure inquest must be held without a jury, unless the Coroner for Treasure thinks there is sufficient reason for it to be held with a jury.

(3)In relation to a treasure inquest held with a jury, sections 8 and 9 apply with the following modifications—

(a)a reference to a senior coroner is to be read as a reference to the Coroner for Treasure;

(b)the reference in section 8(3) to the death of the deceased is to be read as a reference to the matters mentioned in section 26(5).

28Outcome of investigations concerning treasureE+W

Where the Coroner for Treasure has conducted an investigation under section 26, a determination as to the question mentioned in subsection (5)(a) of that section, and (where applicable) the questions mentioned in subsection (5)(b) of that section, must be made—

(a)by the Coroner for Treasure after considering the evidence (where an inquest is not held),

(b)by the Coroner for Treasure after hearing the evidence (where an inquest is held without a jury), or

(c)by the jury after hearing the evidence (where an inquest is held with a jury).

29Exception to duty to investigateE+W

(1)Where the Coroner for Treasure is conducting, or proposes to conduct, an investigation under section 26 concerning—

(a)an object that would vest in the Crown under the Treasure Act 1996 (c. 24) if the object was in fact treasure and there were no prior interests or rights, or

(b)an object that would belong to the Crown under the law relating to treasure trove if the object was in fact treasure trove,

the Secretary of State may give notice to the Coroner for Treasure disclaiming, on behalf of the Crown, any title that the Crown may have to the object.

(2)Where the Coroner for Treasure is conducting, or proposes to conduct, an investigation under section 26 concerning—

(a)an object that would vest in the franchisee under the Treasure Act 1996 if the object was in fact treasure and there were no prior interests or rights, or

(b)an object that would belong to the franchisee under the law relating to treasure trove if the object was in fact treasure trove,

the franchisee may give notice to the Coroner for Treasure disclaiming any title that the franchisee may have to the object.

(3)A notice under subsection (1) or (2) may be given only before the making of a determination under section 28.

(4)Where a notice is given under subsection (1) or (2)—

(a)the object is to be treated as not vesting in or belonging to the Crown, or (as the case may be) the franchisee, under the Treasure Act 1996, or the law relating to treasure trove;

(b)the Coroner for Treasure may not conduct an investigation concerning the object under section 26 or, if an investigation has already begun, may not continue with it;

(c)without prejudice to the interests or rights of others, the object may be delivered to a person in accordance with a code of practice published under section 11 of the Treasure Act 1996.

(5)For the purposes of this section the franchisee, in relation to an object, is the person who—

(a)was, immediately before the commencement of section 4 of the Treasure Act 1996, or

(b)apart from that Act, as successor in title, would have been,

the franchisee of the Crown in right of treasure trove for the place where the object was found.

30Duty to notify Coroner for Treasure etc of acquisition of certain objectsE+W

(1)After section 8 of the Treasure Act 1996 (c. 24) there is inserted—

8ADuty to notify coroner of acquisition of certain objects

(1)A person who—

(a)acquires property in an object, and

(b)believes or has reasonable grounds for believing—

(i)that the object is treasure, and

(ii)that notification in respect of the object has not been given under section 8(1) or this subsection,

must notify the Coroner for Treasure before the end of the notice period.

(2)The notice period is fourteen days beginning with—

(a)the day after the person acquires property in the object; or

(b)if later, the day on which the person first believes or has reason to believe—

(i)that the object is treasure; and

(ii)that notification in respect of the object has not been given under section 8(1) or subsection (1) of this section.

(3)Any person who fails to comply with subsection (1) is guilty of an offence if—

(a)notification in respect of the object has not been given under section 8(1) or subsection (1) of this section; and

(b)there has been no investigation in relation to the object.

(4)Any person guilty of an offence under this section is liable on summary conviction to—

(a)imprisonment for a term not exceeding 51 weeks;

(b)a fine of an amount not exceeding level 5 on the standard scale; or

(c)both.

(5)In proceedings for an offence under this section, it is a defence for the defendant to show that he had, and has continued to have, a reasonable excuse for failing to notify the Coroner for Treasure.

(6)If the office of Coroner for Treasure is vacant, notification under subsection (1) must be given to an Assistant Coroner for Treasure.

(7)In determining for the purposes of this section whether a person has acquired property in an object, section 4 is to be disregarded.

(8)For the purposes of an investigation in relation to an object in respect of which notification has been given under subsection (1), the object is to be presumed, in the absence of evidence to the contrary, to have been found in England and Wales after the commencement of section 4.

(9)This section has effect subject to section 8B.

(10)In this section “investigation” means an investigation under section 26 of the Coroners and Justice Act 2009.

(11)In its application to Northern Ireland this section has effect as if—

(a)in subsection (1), for “Coroner for Treasure” there were substituted “ coroner for the district in which the object is located ”;

(b)in subsection (3)(b), for “investigation” there were substituted “ inquest ”;

(c)in subsection (4)(a), for “51 weeks” there were substituted “ three months ”;

(d)in subsection (5), for “Coroner for Treasure” there were substituted “ coroner ”;

(e)in subsection (6), for the words from “Coroner for Treasure” to “Assistant Coroner for Treasure” there were substituted “ coroner for a district is vacant, the person acting as coroner for that district is the coroner for the purposes of subsection (1) ”;

(f)in subsection (8), for “investigation” there were substituted “ inquest ” and for “England and Wales” there were substituted “ Northern Ireland ”;

(g)in subsection (10), for “ “investigation” means an investigation under section 26 of the Coroners and Justice Act 2009” there were substituted “ “inquest” means an inquest held under section 7 ”.

(2)In section 10 of that Act (rewards), in subsection (5) (persons to whom reward may be paid), at the end insert—

(d)any person who gave notice under section 8A in respect of the treasure.

(3)In relation to an offence under section 8A of that Act (inserted by subsection (1) above) committed before the commencement of section 280(2) of the Criminal Justice Act 2003 (c. 44), a reference in the inserted section to 51 weeks is to be read as a reference to three months.

31Code of practice under the Treasure Act 1996E+W

(1)A code of practice under section 11 of the Treasure Act 1996 (c. 24) may make provision to do with objects in respect of which notice is given under section 29(1) or (2).

(2)No civil liability on the part of the Coroner for Treasure arises where he or she delivers an object, or takes any other action, in accordance with a code of practice under section 11 of the Treasure Act 1996.

Chapter 5E+WFurther provision to do with investigations and deaths

32Powers of coronersE+W

Schedule 5 makes provision about powers of senior coroners and the Coroner for Treasure.

Commencement Information

I25S. 32 in force at 25.7.2013 for specified purposes by S.I. 2013/1869, art. 2(c)

33OffencesE+W

Schedule 6 makes provision about offences relating to jurors, witnesses and evidence.

Commencement Information

I26S. 33 in force at 25.7.2013 by S.I. 2013/1869, art. 2(c)

34Allowances, fees and expensesE+W

Schedule 7 makes provision about allowances, fees and expenses.

Commencement Information

I27S. 34 in force at 25.7.2013 by S.I. 2013/1869, art. 2(c)

Chapter 6E+WGovernance etc

35Chief Coroner and Deputy Chief CoronersE+W

(1)Schedule 8 makes provision about the appointment etc of the Chief Coroner and Deputy Chief Coroners.

(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 any of the functions of the Lord Chief Justice under Schedule 8.

Commencement Information

I28S. 35 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 1

36Reports and advice to the Lord Chancellor from the Chief CoronerE+W

(1)The Chief Coroner must give the Lord Chancellor a report for each calendar year.

(2)The report must cover—

(a)matters that the Chief Coroner wishes to bring to the attention of the Lord Chancellor;

(b)matters that the Lord Chancellor has asked the Chief Coroner to cover in the report.

(3)The report must contain an assessment for the year of the consistency of standards between coroners areas.

(4)The report must also contain a summary for the year of—

(a)the number and length of—

(i)investigations in respect of which notification was given under subsection (1)(a) or (b) of section 16, and

(ii)investigations that were not concluded or discontinued by the end of the year and in respect of which notification was given under subsection (1)(a) of that section in a previous year,

as well as the reasons for the length of those investigations and the measures taken with a view to keeping them from being unnecessarily lengthy;

F21(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)the matters recorded under paragraph 4 of Schedule 5;

(d)the matters reported under paragraph 7 of that Schedule and the responses given under sub-paragraph (2) of that paragraph.

(5)A report for a year under this section must be given to the Lord Chancellor by 1 July in the following year.

(6)The Lord Chancellor must publish each report given under this section and must lay a copy of it before each House of Parliament.

(7)If requested to do so by the Lord Chancellor, the Chief Coroner must give advice to the Lord Chancellor about particular matters relating to the operation of the coroner system.

Textual Amendments

Commencement Information

I29S. 36 in force at 25.7.2013 by S.I. 2013/1869, art. 2(d)

37Regulations about trainingE+W

(1)The Chief Coroner may, with the agreement of the Lord Chancellor, make regulations about the training of—

(a)senior coroners, area coroners and assistant coroners;

(b)the Coroner for Treasure and Assistant Coroners for Treasure;

(c)coroners' officers and other staff assisting persons within paragraph (a) or (b).

(2)The regulations may (in particular) make provision as to—

(a)the kind of training to be undertaken;

(b)the amount of training to be undertaken;

(c)the frequency with which it is to be undertaken.

Commencement Information

I30S. 37 in force at 25.7.2013 by S.I. 2013/1869, art. 2(d)

Prospective

38Medical Adviser and Deputy Medical Advisers to the Chief CoronerE+W

Schedule 9 makes provision about the appointment etc of the Medical Adviser to the Chief Coroner and Deputy Medical Advisers to the Chief Coroner.

Prospective

F2239Inspection of coroner systemE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prospective

F2340Appeals to the Chief CoronerE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

41Investigation by Chief Coroner or Coroner for Treasure or by judge, former judge or former coronerE+W

Schedule 10 makes provision for an investigation into a person's death to be carried out by the Chief Coroner or the Coroner for Treasure or by a judge, former judge or former coroner.

Commencement Information

I31S. 41 in force at 25.7.2013 for specified purposes by S.I. 2013/1869, art. 2(d)

42Guidance by the Lord ChancellorE+W

(1)The Lord Chancellor may issue guidance about the way in which the coroner system is expected to operate in relation to interested persons within section 47(2)(a).

(2)Guidance issued under this section may include provision—

(a)about the way in which such persons are able to participate in investigations under this Part into deaths;

F24(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)about the role of coroners' officers and other staff in helping such persons to participate in investigations F25....

This subsection is not to be read as limiting the power in subsection (1).

(3)The Lord Chancellor may amend or revoke any guidance issued under this section.

(4)The Lord Chancellor must consult the Chief Coroner before issuing, amending or revoking any guidance under this section.

Textual Amendments

Commencement Information

I32S. 42 in force at 25.7.2013 by S.I. 2013/1869, art. 2(d)

Chapter 7E+W+N.I.Supplementary

Regulations and rulesE+W

43Coroners regulationsE+W

(1)The Lord Chancellor may make regulations—

(a)for regulating the practice and procedure at or in connection with investigations under this Part (other than the practice and procedure at or in connection with inquests);

(b)for regulating the practice and procedure at or in connection with examinations under section 14;

(c)for regulating the practice and procedure at or in connection with exhumations under paragraph 6 of Schedule 5.

Regulations under this section are referred to in this Part as “Coroners regulations”.

(2)Coroners regulations may be made only if—

(a)the Lord Chief Justice, or

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

agrees to the making of the regulations.

(3)Coroners regulations may make—

(a)provision for the discharge of an investigation (including provision as to fresh investigations following discharge);

(b)provision for or in connection with the suspension or resumption of investigations;

(c)provision for the delegation by a senior coroner, area coroner or assistant coroner of any of his or her functions;

(d)provision allowing information to be disclosed or requiring information to be given;

(e)provision giving to the Lord Chancellor or the Chief Coroner power to require information from senior coroners;

(f)provision requiring a summary of specified information given to the Chief Coroner by virtue of paragraph (e) to be included in reports under section 36;

(g)provision with respect to the preservation, retention, release or disposal of bodies (including provision with respect to reinterment and with respect to the issue of orders authorising burial);

(h)provision, in relation to authorisations under paragraph 3 of Schedule 5 or entry and search under such authorisations, equivalent to that made by any provision of sections 15 and 16 of the Police and Criminal Evidence Act 1984 (c. 60), subject to any modifications the Lord Chancellor thinks appropriate;

(i)provision, in relation to the power of seizure conferred by paragraph 3(4)(a) of that Schedule, equivalent to that made by any provision of section 21 of that Act, subject to any modifications the Lord Chancellor thinks appropriate;

(j)provision about reports under paragraph 7 of that Schedule.

This subsection is not to be read as limiting the power in subsection (1).

(4)Coroners regulations may apply any provisions of Coroners rules.

(5)Where Coroners regulations apply any provisions of Coroners rules, those provisions—

(a)may be applied to any extent;

(b)may be applied with or without modifications;

(c)may be applied as amended from time to time.

Commencement Information

I33S. 43 in force at 2.7.2013 by S.I. 2013/1628, art. 2(a)

Prospective

44Treasure regulationsE+W

(1)The Lord Chancellor may make regulations for regulating the practice and procedure at or in connection with investigations under this Part concerning objects that are or may be treasure or treasure trove (other than the practice and procedure at or in connection with inquests concerning such objects).

Regulations under this section are referred to in this Part as “Treasure regulations”.

(2)Treasure regulations may be made only if—

(a)the Lord Chief Justice, or

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

agrees to the making of the regulations.

(3)Treasure regulations may make—

(a)provision for the discharge of an investigation (including provision as to fresh investigations following discharge);

(b)provision for or in connection with the suspension or resumption of investigations;

(c)provision for the delegation by the Coroner for Treasure (or an Assistant Coroner for Treasure) of any of his or her functions;

(d)provision allowing information to be disclosed or requiring information to be given;

(e)provision giving to the Lord Chancellor or the Chief Coroner power to require information from the Coroner for Treasure;

(f)provision requiring a summary of specified information given to the Chief Coroner by virtue of paragraph (e) to be included in reports under section 36;

(g)provision of the kind mentioned in paragraph (h) or (i) of section 43(3).

This subsection is not to be read as limiting the power in subsection (1).

(4)Treasure regulations may apply any provisions of Coroners rules.

(5)Where Treasure regulations apply any provisions of Coroners rules, those provisions—

(a)may be applied to any extent;

(b)may be applied with or without modifications;

(c)may be applied as amended from time to time.

45Coroners rulesE+W

(1)Rules may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005 (c. 4)—

(a)for regulating the practice and procedure at or in connection with inquests;

F26(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F26(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rules under this section are referred to in this Part as “Coroners rules”.

(2)Coroners rules may make—

(a)provision about evidence (including provision requiring evidence to be given on oath except in prescribed cases);

(b)provision for the discharge of a jury (including provision as to the summoning of new juries following discharge);

(c)provision for the discharge of an inquest (including provision as to fresh inquests following discharge);

(d)provision for or in connection with the adjournment or resumption of inquests;

(e)provision for a senior coroner to have power to give a direction, in proceedings [F27in the course of] an inquest, allowing or requiring a name or other matter not to be disclosed except to persons specified in the direction;

[F28(ea)provision for or in connection with the conduct of hearings wholly or partly by way of electronic transmission of sounds or images;]

(f)provision for the delegation by—

(i)a senior coroner, area coroner or assistant coroner, or

(ii)the Coroner for Treasure (or an Assistant Coroner for Treasure),

of any of his or her functions, except for functions that involve making judicial decisions or exercising any judicial discretion;

(g)provision with respect to the disclosure of information;

(h)provision for persons to be excused from service as jurors at inquests in cases specified in the rules;

(i)provision as to the matters to be taken into account by the Coroner for Treasure in deciding whether to hold an inquest concerning an object that is or may be treasure or treasure trove;

F29(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F30(2A)Coroners rules that provide for members of a jury to take part in a hearing by way of electronic transmission of sounds or images must provide for all members of the jury to take part in that way while present at the same place.]

(3)Coroners rules may make provision conferring power on a senior coroner or the Coroner for Treasure—

(a)to give a direction excluding specified persons from an inquest, or part of an inquest, if the coroner is of the opinion that the interests of national security so require;

(b)to give a direction excluding specified persons from an inquest during the giving of evidence by a witness under the age of 18, if the coroner is of the opinion that doing so would be likely to improve the quality of the witness's evidence.

In this subsection “specified persons” means persons of a description specified in the direction, or all persons except those of a description specified in the direction.

(4)Subsections (2) and (3) are not to be read as limiting the power in subsection (1).

(5)Coroners rules may apply—

(a)any provisions of Coroners regulations;

(b)any provisions of Treasure regulations;

(c)any rules of court that relate to proceedings other than inquests.

(6)Where any provisions or rules are applied by virtue of subsection (5), they may be applied—

(a)to any extent;

(b)with or without modifications;

(c)as amended from time to time.

(7)Practice directions may be given in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005 (c. 4) on any matter that could otherwise be included in Coroners rules.

(8)Coroners rules may, instead of providing for a matter, refer to provision made or to be made by practice directions under subsection (7).

(9)In this section “rules of court” include any provision governing the practice and procedure of a court that is made by or under an enactment.

Coroner of the Queen's householdE+W

46Abolition of the office of coroner of the Queen's householdE+W

The office of coroner of the Queen's household is abolished.

Commencement Information

I35S. 46 in force at 25.7.2013 by S.I. 2013/1869, art. 2(e)

InterpretationE+W

47“Interested person”E+W

(1)This section applies for the purposes of this Part.

(2)Interested person”, in relation to a deceased person or an investigation or inquest under this Part into a person's death, means—

(a)a spouse, civil partner, partner, parent, child, brother, sister, grandparent, grandchild, child of a brother or sister, stepfather, stepmother, half-brother or half-sister;

(b)a personal representative of the deceased;

(c)a medical examiner exercising functions in relation to the death of the deceased;

(d)a beneficiary under a policy of insurance issued on the life of the deceased;

(e)the insurer who issued such a policy of insurance;

(f)a person who may by any act or omission have caused or contributed to the death of the deceased, or whose employee or agent may have done so;

(g)in a case where the death may have been caused by—

(i)an injury received in the course of an employment, or

(ii)a disease prescribed under section 108 of the Social Security Contributions and Benefits Act 1992 (c. 4) (benefit in respect of prescribed industrial diseases, etc),

a representative of a trade union of which the deceased was a member at the time of death;

(h)a person appointed by, or representative of, an enforcing authority;

(i)where subsection (3) applies, a chief constable;

(j)where subsection (4) applies, a Provost Marshal [F31of a service police force or of the tri-service serious crime unit];

(k)where subsection (5) applies, the [F32Director General of the Independent Office for Police Conduct];

[F33(ka)where subsection (5A) applies, the Service Police Complaints Commissioner;]

[F34(kb)where an advocate has been appointed under section 36(1) of the Victims and Prisoners Act 2024 in respect of an incident which may have caused or contributed to the death of the deceased—

(i)each advocate that has been appointed under that section in respect of that incident, and

(ii)the standing advocate appointed under section 35(1) of that Act;]

(l)a person appointed by a Government department to attend [F35or follow] an inquest into the death or to assist in, or provide evidence for the purposes of, an investigation into the death under this Part;

(m)any other person who the senior coroner thinks has a sufficient interest.

(3)This subsection applies where it appears that a person has or may have committed—

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

(b)a related offence (other than a service offence).

(4)This subsection applies where it appears that a person has or may have committed—

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

(b)a service offence that is a related offence.

(5)This subsection applies where the death of the deceased is or has been the subject of an investigation managed or carried out by the [F36Director General of the Independent Office for Police Conduct] in accordance with Part 3 of Schedule 3 to the Police Reform Act 2002 (c. 30), including that Part as extended or applied by or under any statutory provision (whenever made).

[F37(5A)This subsection applies where the death of the deceased is or has been the subject of an investigation directed or carried out by the Service Police Complaints Commissioner in accordance with provision made under section 340P of the Armed Forces Act 2006.]

(6)Interested person”, in relation to an object that is or may be treasure or treasure trove, or an investigation or inquest under Chapter 4 concerning such an object, means—

(a)the British Museum, if the object was found or is believed to have been found in England;

(b)the National Museum of Wales, if the object was found or is believed to have been found in Wales;

(c)the finder of the object or any person otherwise involved in the find;

(d)the occupier, at the time the object was found, of the land where it was found or is believed to have been found;

(e)a person who had an interest in that land at that time or who has had such an interest since;

(f)any other person who the Coroner for Treasure thinks has a sufficient interest.

(7)For the purposes of this section, a person is the partner of a deceased person if the two of them (whether of different sexes or the same sex) were living as partners in an enduring relationship at the time of the deceased person's death.

Textual Amendments

F31Words in s. 47(2)(j) inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 38; S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4

F32Words in s. 47(2)(k) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 71(a); S.I. 2017/1249, reg. 2 (with reg. 3)

F33S. 47(2)(ka) inserted (1.11.2022 for specified purposes, 19.6.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 4 para. 7(a); S.I. 2022/1095, reg. 3; S.I. 2023/621, reg. 2

F34S. 47(2)(kb) inserted (18.9.2024 except for the insertion of s. 47(2)(kb)(ii)) by Victims and Prisoners Act 2024 (c. 21), ss. 40, 81(2) (with ss. 39(9), 43(7)); S.I. 2024/966, reg. 2(f)

F36Words in s. 47(5) substituted (31.1.2017 for specified purposes, 8.1.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 9 para. 71(b); S.I. 2017/1249, reg. 2 (with reg. 3)

F37S. 47(5A) inserted (1.11.2022 for specified purposes, 19.6.2023 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 4 para. 7(b); S.I. 2022/1095, reg. 3; S.I. 2023/621, reg. 2

48Interpretation: generalE+W

(1)In this Part, unless the context otherwise requires—

(2)[F41Subject to subsection (2A),] a person is in state detention if he or she is compulsorily detained by a public authority within the meaning of section 6 of the Human Rights Act 1998 (c. 42).

[F42(2A)But a person is not in state detention at any time when he or she is deprived of liberty under section 4A(3) or (5) or 4B of the Mental Capacity Act 2005.]

(3)For the purposes of this Part, the area of the Common Council is to be treated as including the Inner Temple and the Middle Temple.

(4)A reference in this Part to a coroner who is responsible for conducting an investigation under this Part into a person's death is to be read as a reference to the coroner who is under a duty to conduct the investigation, or who would be under such a duty but for the suspension of the investigation under this Part.

(5)A reference in this Part to producing or providing a document, in relation to information stored in an electronic form, is to be read as a reference to producing or providing a copy of the information in a legible form.

Textual Amendments

F39Words in s. 48(1) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 178(2), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 37

F40Words in s. 48(1) inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 39; S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4

F41Words in s. 48(2) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 178(3), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 37

F42S. 48(2A) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 178(4), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 37

Northern Ireland and Scotland amendmentsE+W+N.I.

49Amendments to the Coroners Act (Northern Ireland) 1959N.I.

(1)In section 13 of the Coroners Act (Northern Ireland) 1959 (c. 15) (coroner may hold inquest), in subsection (1), for the words from “a coroner within whose district” to “an unexpected or unexplained death” substitute a coroner—

(a)who is informed that the body of a deceased person is lying within his district; or

(b)in whose district an unexpected or unexplained death.

(2)Schedule 11 inserts provisions into the Coroners Act (Northern Ireland) 1959 corresponding to certain provisions in Schedules 5 and 6.

Commencement Information

I36S. 49(2) in force at 29.2.2016 by S.R. 2016/23, art. 2

F4350Amendments to the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prospective

Amendments of Access to Justice Act 1999E+W

F4451Public funding for advocacy at certain inquestsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F44S. 51 repealed (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 5 Pt. 2; S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6)

Part 2 E+W+N.I.Criminal offences

Chapter 1E+W+N.I.Murder, infanticide and suicide

Partial defence to murder: diminished responsibilityE+W

52Persons suffering from diminished responsibility (England and Wales)E+W

(1)In section 2 of the Homicide Act 1957 (c. 11) (persons suffering from diminished responsibility), for subsection (1) substitute—

(1)A person (“D”) who kills or is a party to the killing of another is not to be convicted of murder if D was suffering from an abnormality of mental functioning which—

(a)arose from a recognised medical condition,

(b)substantially impaired D's ability to do one or more of the things mentioned in subsection (1A), and

(c)provides an explanation for D's acts and omissions in doing or being a party to the killing.

(1A)Those things are—

(a)to understand the nature of D's conduct;

(b)to form a rational judgment;

(c)to exercise self-control.

(1B)For the purposes of subsection (1)(c), an abnormality of mental functioning provides an explanation for D's conduct if it causes, or is a significant contributory factor in causing, D to carry out that conduct.

(2)In section 6 of the Criminal Procedure (Insanity) Act 1964 (c. 84) (evidence by prosecution of insanity or diminished responsibility), in paragraph (b) for “mind” substitute “ mental functioning ”.

Commencement Information

I37S. 52 in force at 4.10.2010 by S.I. 2010/816, art. 5(a)

53Persons suffering from diminished responsibility (Northern Ireland)E+W

(1)Section 5 of the Criminal Justice Act (Northern Ireland) 1966 (c. 20) (effect, in cases of homicide, of impaired mental responsibility) is amended as follows.

(2)For subsection (1) substitute—

(1)A person (“D”) who kills or is a party to the killing of another is not to be convicted of murder if D was suffering from an abnormality of mental functioning which—

(a)arose from a recognised mental condition,

(b)substantially impaired D's ability to do one or more of the things mentioned in subsection (1A), and

(c)provides an explanation for D's acts and omissions in doing or being a party to the killing.

(1A)Those things are—

(a)to understand the nature of D's conduct;

(b)to form a rational judgment;

(c)to exercise self-control.

(1B)For the purposes of subsection (1)(c), an abnormality of mental functioning provides an explanation for D's conduct if it causes, or is a significant contributory factor in causing, D to carry out that conduct.

(1C)Where, but for this section, D would be liable, whether as principal or as accessory, to be convicted of murder, D is liable instead to be convicted of manslaughter.

(3)In subsection (2), for “subsection (1)” substitute “ subsection (1C) ”.

(4)In subsections (4) and (5), for “mental abnormality” substitute “ abnormality of mental functioning ”.

Commencement Information

I38S. 53 in force at 1.6.2011 for N.I. by S.R. 2011/182, art. 3(a)

Partial defence to murder: loss of controlE+W+N.I.

54Partial defence to murder: loss of controlE+W+N.I.

(1)Where a person (“D”) kills or is a party to the killing of another (“V”), D is not to be convicted of murder if—

(a)D's acts and omissions in doing or being a party to the killing resulted from D's loss of self-control,

(b)the loss of self-control had a qualifying trigger, and

(c)a person of D's sex and age, with a normal degree of tolerance and self-restraint and in the circumstances of D, might have reacted in the same or in a similar way to D.

(2)For the purposes of subsection (1)(a), it does not matter whether or not the loss of control was sudden.

(3)In subsection (1)(c) the reference to “the circumstances of D” is a reference to all of D's circumstances other than those whose only relevance to D's conduct is that they bear on D's general capacity for tolerance or self-restraint.

(4)Subsection (1) does not apply if, in doing or being a party to the killing, D acted in a considered desire for revenge.

(5)On a charge of murder, if sufficient evidence is adduced to raise an issue with respect to the defence under subsection (1), the jury must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.

(6)For the purposes of subsection (5), sufficient evidence is adduced to raise an issue with respect to the defence if evidence is adduced on which, in the opinion of the trial judge, a jury, properly directed, could reasonably conclude that the defence might apply.

(7)A person who, but for this section, would be liable to be convicted of murder is liable instead to be convicted of manslaughter.

(8)The fact that one party to a killing is by virtue of this section not liable to be convicted of murder does not affect the question whether the killing amounted to murder in the case of any other party to it.

Commencement Information

I39S. 54 in force at 4.10.2010 for E.W. by S.I. 2010/816, art. 6(a)

I40S. 54 in force at 1.6.2011 for N.I. by S.R. 2011/182, art. 3(b)

55Meaning of “qualifying trigger”E+W+N.I.

(1)This section applies for the purposes of section 54.

(2)A loss of self-control had a qualifying trigger if subsection (3), (4) or (5) applies.

(3)This subsection applies if D's loss of self-control was attributable to D's fear of serious violence from V against D or another identified person.

(4)This subsection applies if D's loss of self-control was attributable to a thing or things done or said (or both) which—

(a)constituted circumstances of an extremely grave character, and

(b)caused D to have a justifiable sense of being seriously wronged.

(5)This subsection applies if D's loss of self-control was attributable to a combination of the matters mentioned in subsections (3) and (4).

(6)In determining whether a loss of self-control had a qualifying trigger—

(a)D's fear of serious violence is to be disregarded to the extent that it was caused by a thing which D incited to be done or said for the purpose of providing an excuse to use violence;

(b)a sense of being seriously wronged by a thing done or said is not justifiable if D incited the thing to be done or said for the purpose of providing an excuse to use violence;

(c)the fact that a thing done or said constituted sexual infidelity is to be disregarded.

(7)In this section references to “D” and “V” are to be construed in accordance with section 54.

Commencement Information

I41S. 55 in force at 4.10.2010 for E.W. by S.I. 2010/816, art. 6(a)

I42S. 55 in force at 1.6.2011 for N.I. by S.R. 2011/182, art. 3(b)

56Abolition of common law defence of provocationE+W+N.I.

(1)The common law defence of provocation is abolished and replaced by sections 54 and 55.

(2)Accordingly, the following provisions cease to have effect—

(a)section 3 of the Homicide Act 1957 (c. 11) (questions of provocation to be left to the jury);

(b)section 7 of the Criminal Justice Act (Northern Ireland) 1966 (c. 20) (questions of provocation to be left to the jury).

Commencement Information

I43S. 56(1) in force at 4.10.2010 for E.W. by S.I. 2010/816, art. 6(b)

I44S. 56(1)(2)(b) in force at 1.6.2011 for N.I. by S.R. 2011/182, art. 3(c)

I45S. 56(2)(a) in force at 4.10.2010 by S.I. 2010/816, art. 5(b)

InfanticideE+W

57Infanticide (England and Wales)E+W

(1)Section 1 of the Infanticide Act 1938 (c. 36) (offence of infanticide) is amended as follows.

(2)In subsection (1)—

(a)for “notwithstanding that” substitute “ if ”, and

(b)after “murder” insert “ or manslaughter ”.

(3)In subsection (2)—

(a)for “notwithstanding that” substitute “ if ”, and

(b)after “murder” insert “ or manslaughter ”.

Commencement Information

I46S. 57 in force at 4.10.2010 by S.I. 2010/816, art. 5(c)

58Infanticide (Northern Ireland)E+W

(1)Section 1 of the Infanticide Act (Northern Ireland) 1939 (c. 5) (offence of infanticide) is amended as follows.

(2)In subsection (1)—

(a)for “notwithstanding that” substitute “ if ”, and

(b)after “murder” insert “ or manslaughter ”.

(3)In subsection (2)—

(a)for “notwithstanding that” substitute “ if ”, and

(b)after “murder” insert “ or manslaughter ”.

Commencement Information

I47S. 58 in force at 1.6.2011 for N.I. by S.R. 2011/182, art. 3(e)

SuicideE+W+N.I.

59Encouraging or assisting suicide (England and Wales)E+W

(1)The Suicide Act 1961 (c. 60) is amended as follows.

(2)In section 2 (criminal liability for complicity in another's suicide), for subsection (1) substitute—

(1)A person (“D”) commits an offence if—

(a)D does an act capable of encouraging or assisting the suicide or attempted suicide of another person, and

(b)D's act was intended to encourage or assist suicide or an attempt at suicide.

(1A)The person referred to in subsection (1)(a) need not be a specific person (or class of persons) known to, or identified by, D.

(1B)D may commit an offence under this section whether or not a suicide, or an attempt at suicide, occurs.

(1C)An offence under this section is triable on indictment and a person convicted of such an offence is liable to imprisonment for a term not exceeding 14 years.

(3)In subsection (2) of that section, for “it” to the end substitute “ of a person it is proved that the deceased person committed suicide, and the accused committed an offence under subsection (1) in relation to that suicide, the jury may find the accused guilty of the offence under subsection (1). ”

(4)After that section insert—

2AActs capable of encouraging or assisting

(1)If D arranges for a person (“D2”) to do an act that is capable of encouraging or assisting the suicide or attempted suicide of another person and D2 does that act, D is also to be treated for the purposes of this Act as having done it.

(2)Where the facts are such that an act is not capable of encouraging or assisting suicide or attempted suicide, for the purposes of this Act it is to be treated as so capable if the act would have been so capable had the facts been as D believed them to be at the time of the act or had subsequent events happened in the manner D believed they would happen (or both).

(3)A reference in this Act to a person (“P”) doing an act that is capable of encouraging the suicide or attempted suicide of another person includes a reference to P doing so by threatening another person or otherwise putting pressure on another person to commit or attempt suicide.

2BCourse of conduct

A reference in this Act to an act includes a reference to a course of conduct, and a reference to doing an act is to be read accordingly.

Commencement Information

I48S. 59 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 2

60Encouraging or assisting suicide (Northern Ireland)E+W

(1)The Criminal Justice Act (Northern Ireland) 1966 (c. 20) is amended as follows.

(2)In section 13 (criminal liability for complicity in another's suicide), for subsection (1) substitute—

(1)A person (“D”) commits an offence if—

(a)D does an act capable of encouraging or assisting the suicide or attempted suicide of another person, and

(b)D's act was intended to encourage or assist suicide or an attempt at suicide.

(1A)The person referred to in subsection (1)(a) need not be a specific person (or class of persons) known to, or identified by, D.

(1B)D may commit an offence under this section whether or not a suicide, or an attempt at suicide, occurs.

(1C)An offence under this section is triable on indictment and a person convicted of such an offence is liable to imprisonment for a term not exceeding 14 years.

(3)In subsection (2) of that section, for “it” to the end substitute “ of a person it is proved that the deceased person committed suicide, and the person charged committed an offence under subsection (1) in relation to that suicide, the jury may find the person charged guilty of the offence under subsection (1). ”

(4)After that section insert—

13AActs capable of encouraging or assisting

(1)If D arranges for a person (“D2”) to do an act that is capable of encouraging or assisting the suicide or attempted suicide of another person and D2 does that act, D is also to be treated for the purposes of section 13 as having done it.

(2)Where the facts are such that an act is not capable of encouraging or assisting suicide or attempted suicide, for the purposes of section 13 and this section it is to be treated as so capable if the act would have been so capable had the facts been as D believed them to be at the time of the act or had subsequent events happened in the manner D believed they would happen (or both).

(3)A reference in section 13 or this section to a person (“P”) doing an act that is capable of encouraging the suicide or attempted suicide of another person includes a reference to P doing so by threatening another person or otherwise putting pressure on another person to commit or attempt suicide.

13BCourse of conduct

A reference in section 13 or 13A to an act includes a reference to a course of conduct, and a reference to doing an act is to be read accordingly.

Commencement Information

I49S. 60 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 3

61Encouraging or assisting suicide: information society servicesE+W+N.I.

Schedule 12 makes special provision in connection with the operation of section 2 of the Suicide Act 1961 (c. 60) and section 13 of the Criminal Justice Act (Northern Ireland) 1966 (c. 20) in relation to persons providing information society services within the meaning of that Schedule.

Commencement Information

I50S. 61 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 4

Chapter 2E+W+N.I.Images of children

Prohibited imagesE+W+N.I.

62Possession of prohibited images of childrenE+W+N.I.

(1)It is an offence for a person to be in possession of a prohibited image of a child.

(2)A prohibited image is an image which—

(a)is pornographic,

(b)falls within subsection (6), and

(c)is grossly offensive, disgusting or otherwise of an obscene character.

(3)An image is “pornographic” if it is of such a nature that it must reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal.

(4)Where (as found in the person's possession) an image forms part of a series of images, the question whether the image is of such a nature as is mentioned in subsection (3) is to be determined by reference to—

(a)the image itself, and

(b)(if the series of images is such as to be capable of providing a context for the image) the context in which it occurs in the series of images.

(5)So, for example, where—

(a)an image forms an integral part of a narrative constituted by a series of images, and

(b)having regard to those images as a whole, they are not of such a nature that they must reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal,

the image may, by virtue of being part of that narrative, be found not to be pornographic, even though it might have been found to be pornographic if taken by itself.

(6)An image falls within this subsection if it—

(a)is an image which focuses solely or principally on a child's genitals or anal region, or

(b)portrays any of the acts mentioned in subsection (7).

(7)Those acts are—

(a)the performance by a person of an act of intercourse or oral sex with or in the presence of a child;

(b)an act of masturbation by, of, involving or in the presence of a child;

(c)an act which involves penetration of the vagina or anus of a child with a part of a person's body or with anything else;

(d)an act of penetration, in the presence of a child, of the vagina or anus of a person with a part of a person's body or with anything else;

(e)the performance by a child of an act of intercourse or oral sex with an animal (whether dead or alive or imaginary);

(f)the performance by a person of an act of intercourse or oral sex with an animal (whether dead or alive or imaginary) in the presence of a child.

(8)For the purposes of subsection (7), penetration is a continuing act from entry to withdrawal.

(9)Proceedings for an offence under subsection (1) may not be instituted—

(a)in England and Wales, except by or with the consent of the Director of Public Prosecutions;

(b)in Northern Ireland, except by or with the consent of the Director of Public Prosecutions for Northern Ireland.

Commencement Information

I51S. 62 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 1

63Exclusion of classified film etcE+W+N.I.

(1)Section 62(1) does not apply to excluded images.

(2)An “excluded image” is an image which forms part of a series of images contained in a recording of the whole or part of a classified work.

(3)But such an image is not an “excluded image” if—

(a)it is contained in a recording of an extract from a classified work, and

(b)it is of such a nature that it must reasonably be assumed to have been extracted (whether with or without other images) solely or principally for the purpose of sexual arousal.

(4)Where an extracted image is one of a series of images contained in the recording, the question whether the image is of such a nature as is mentioned in subsection (3)(b) is to be determined by reference to—

(a)the image itself, and

(b)(if the series of images is such as to be capable of providing a context for the image) the context in which it occurs in the series of images;

and section 62(5) applies in connection with determining that question as it applies in connection with determining whether an image is pornographic.

(5)In determining for the purposes of this section whether a recording is a recording of the whole or part of a classified work, any alteration attributable to—

(a)a defect caused for technical reasons or by inadvertence on the part of any person, or

(b)the inclusion in the recording of any extraneous material (such as advertisements),

is to be disregarded.

(6)Nothing in this section is to be taken as affecting any duty of a designated authority to have regard to section 62 (along with other enactments creating criminal offences) in determining whether a video work is suitable for a classification certificate to be issued in respect of it.

(7)In this section—

(8)Section 22(3) of the Video Recordings Act 1984 (effect of alterations) applies for the purposes of this section as it applies for the purposes of that Act.

Commencement Information

I52S. 63 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 1

64DefencesE+W+N.I.

(1)Where a person is charged with an offence under section 62(1), it is a defence for the person to prove any of the following matters—

(a)that the person had a legitimate reason for being in possession of the image concerned;

(b)that the person had not seen the image concerned and did not know, nor had any cause to suspect, it to be a prohibited image of a child;

(c)that the person—

(i)was sent the image concerned without any prior request having been made by or on behalf of the person, and

(ii)did not keep it for an unreasonable time.

(2)In this section “prohibited image” has the same meaning as in section 62.

Commencement Information

I53S. 64 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 1

65Meaning of “image” and “child”E+W+N.I.

(1)The following apply for the purposes of sections 62 to 64.

(2)Image” includes—

(a)a moving or still image (produced by any means), or

(b)data (stored by any means) which is capable of conversion into an image within paragraph (a).

(3)Image” does not include an indecent photograph, or indecent pseudo-photograph, of a child.

(4)In subsection (3) “indecent photograph” and “indecent pseudo-photograph” are to be construed—

(a)in relation to England and Wales, in accordance with the Protection of Children Act 1978 (c. 37), and

(b)in relation to Northern Ireland, in accordance with the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)).

(5)“Child”, subject to subsection (6), means a person under the age of 18.

(6)Where an image shows a person the image is to be treated as an image of a child if—

(a)the impression conveyed by the image is that the person shown is a child, or

(b)the predominant impression conveyed is that the person shown is a child despite the fact that some of the physical characteristics shown are not those of a child.

(7)References to an image of a person include references to an image of an imaginary person.

(8)References to an image of a child include references to an image of an imaginary child.

Commencement Information

I54S. 65 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 1

66PenaltiesE+W+N.I.

(1)This section has effect where a person is guilty of an offence under section 62(1).

(2)The offender is liable—

(a)on summary conviction, to imprisonment for a term not exceeding the relevant period or a fine not exceeding the statutory maximum, or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 3 years or a fine, or both.

(3)The relevant period” means—

(a)in relation to England and Wales, [F45the general limit in a magistrates’ court];

(b)in relation to Northern Ireland, 6 months.

Textual Amendments

Commencement Information

I55S. 66 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 1

67Entry, search, seizure and forfeitureE+W+N.I.

(1)The following provisions of the Protection of Children Act 1978 (c. 37) apply in relation to prohibited images of children as they apply in relation to indecent photographs of children (within the meaning of that Act)—

(a)section 4 (entry, search and seizure);

(b)the Schedule (forfeiture of photographs).

(2)The following provisions of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) apply in relation to prohibited images of children as they apply in relation to indecent photographs of children (within the meaning of that Order)—

(a)Article 4 (entry, search and seizure);

(b)the Schedule (forfeiture of photographs).

(3)In this section “prohibited image of a child” means a prohibited image of a child to which section 62(1) applies.

Commencement Information

I56S. 67 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 1

68Special rules relating to providers of information society servicesE+W+N.I.

Schedule 13 makes special provision in connection with the operation of section 62(1) in relation to persons providing information society services within the meaning of that Schedule.

Commencement Information

I57S. 68 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 1

Indecent pseudo-photographs of childrenE+W

69Indecent pseudo-photographs of children: marriage etcE+W

(1)In section 1A of the Protection of Children Act 1978 (c. 37) (making of indecent photograph of child etc: marriage and other relationships), after “photograph”, in each place it occurs, insert “ or pseudo-photograph ”.

(2)In section 160A of the Criminal Justice Act 1988 (c. 33) (possession of indecent photograph of child etc: marriage and other relationships), after “photograph”, in each place it occurs, insert “ or pseudo-photograph ”.

(3)In Article 15A of the Criminal Justice (Evidence, etc) (Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17)) (marriage and other relationships), after “photograph”, in each place it occurs, insert “ or pseudo-photograph ”.

(4)In Article 3B of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) (marriage and other relationships), after “photograph”, in each place it occurs, insert “ or pseudo-photograph ”.

Commencement Information

I58S. 69 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 2

Chapter 3E+W+N.I.Other offences

70Genocide, crimes against humanity and war crimesE+W

(1)The International Criminal Court Act 2001 (c. 17) is amended as follows.

(2)In sections 53 and 60 (trial and punishment of main offences), after subsection (6) add—

(7)Subsections (5) and (6) are subject to section 65B (restriction of penalties in relation to retrospective application of certain offences).

(3)After section 65 insert—

65ARetrospective application of certain offences

(1)Sections 51 and 58 apply to acts committed on or after 1 January 1991.

(2)But those sections do not apply to a crime against humanity, or a war crime within article 8.2(b) or (e), committed by a person before 1 September 2001 unless, at the time the act constituting that crime was committed, the act amounted in the circumstances to a criminal offence under international law.

(3)Section 52 applies to conduct in which a person engaged on or after 1 January 1991, and in subsections (2) and (3) of that section references to an offence include an act or conduct which would not constitute an offence under the law of England and Wales but for this section.

(4)Section 59 applies to conduct in which a person engaged on or after 1 January 1991, and in subsections (2) and (3) of that section references to an offence include an act or conduct which would not constitute an offence under the law of Northern Ireland but for this section.

(5)Any enactment or rule of law relating to an offence ancillary to a relevant Part 5 offence—

(a)applies to conduct in which a person engaged on or after 1 January 1991, and

(b)applies even if the act or conduct constituting the relevant Part 5 offence would not constitute such an offence but for this section.

(6)But sections 52 and 59, and any enactment or rule of law relating to an offence ancillary to a relevant Part 5 offence, do not apply to—

(a)conduct in which the person engaged before 1 September 2001, or

(b)conduct in which the person engaged on or after that date which was ancillary to an act or conduct which—

(i)was committed or engaged in before that date, and

(ii)would not constitute a relevant Part 5 offence, or fall within section 52(2) or 59(2), but for this section,

unless, at the time the person engaged in the conduct, it amounted in the circumstances to a criminal offence under international law.

(7)Section 65, so far as it has effect in relation to relevant Part 5 offences—

(a)applies to failures to exercise control of the kind mentioned in section 65(2) or (3) which occurred on or after 1 January 1991, and

(b)applies even if the act or conduct constituting the relevant Part 5 offence would not constitute such an offence but for this section.

(8)But section 65, so far as it has effect in relation to relevant Part 5 offences, does not apply to a failure to exercise control of the kind mentioned in section 65(2) or (3) which occurred before 1 September 2001 unless, at the time the failure occurred, it amounted in the circumstances to a criminal offence under international law.

(9)In this section “relevant Part 5 offence” means an offence under section 51, 52, 58 or 59 or an offence ancillary to such an offence.

65BModification of penalties: provision supplemental to section 65A

(1)In the case of a pre-existing E&W offence committed before 1 September 2001, in section 53(6) “30 years” is to be read as “14 years”.

(2)In the case of an offence of the kind mentioned in section 55(1)(d) which is ancillary to a pre-existing E&W offence committed before 1 September 2001, nothing in section 53(5) and (6) disapplies the penalties provided for in sections 4 and 5 of the Criminal Law Act 1967.

(3)In the case of a pre-existing NI offence committed before 1 September 2001, in section 60(6) “30 years” is to be read as “14 years”.

(4)In the case of an offence of the kind mentioned in section 62(1)(d) which is ancillary to a pre-existing NI offence committed before 1 September 2001, nothing in section 60(5) and (6) disapplies the penalties provided for in sections 4 and 5 of the Criminal Law Act (Northern Ireland) 1967.

(5)In this section—

(4)After section 67 insert—

67ASupplemental provision about UK residents

(1)To the extent that it would not otherwise be the case, the following individuals are to be treated for the purposes of this Part as being resident in the United Kingdom—

(a)an individual who has indefinite leave to remain in the United Kingdom;

(b)any other individual who has made an application for such leave (whether or not it has been determined) and who is in the United Kingdom;

(c)an individual who has leave to enter or remain in the United Kingdom for the purposes of work or study and who is in the United Kingdom;

(d)an individual who has made an asylum claim, or a human rights claim, which has been granted;

(e)any other individual who has made an asylum claim or human rights claim (whether or not the claim has been determined) and who is in the United Kingdom;

(f)an individual named in an application for indefinite leave to remain, an asylum claim or a human rights claim as a dependant of the individual making the application or claim if—

(i)the application or claim has been granted, or

(ii)the named individual is in the United Kingdom (whether or not the application or claim has been determined);

(g)an individual who would be liable to removal or deportation from the United Kingdom but cannot be removed or deported because of section 6 of the Human Rights Act 1998 or for practical reasons;

(h)an individual—

(i)against whom a decision to make a deportation order under section 5(1) of the Immigration Act 1971 by virtue of section 3(5)(a) of that Act (deportation conducive to the public good) has been made,

(ii)who has appealed against the decision to make the order (whether or not the appeal has been determined), and

(iii)who is in the United Kingdom;

(i)an individual who is an illegal entrant within the meaning of section 33(1) of the Immigration Act 1971 or who is liable to removal under section 10 of the Immigration and Asylum Act 1999;

(j)an individual who is detained in lawful custody in the United Kingdom.

(2)When determining for the purposes of this Part whether any other individual is resident in the United Kingdom regard is to be had to all relevant considerations including—

(a)the periods during which the individual has been or intends to be in the United Kingdom,

(b)the purposes for which the individual is, has been or intends to be in the United Kingdom,

(c)whether the individual has family or other connections to the United Kingdom and the nature of those connections, and

(d)whether the individual has an interest in residential property located in the United Kingdom.

(3)In this section—

and a reference to having leave to enter or remain in the United Kingdom is to be construed in accordance with the Immigration Act 1971.

(4)This section applies in relation to any offence under this Part (whether committed before or after the coming into force of this section).

Commencement Information

I59S. 70 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 3

F4671Slavery, servitude and forced or compulsory labourE+W+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

72ConspiracyE+W

(1)In section 1A of the Criminal Law Act 1977 (c. 45) (conspiracy to commit offences outside the United Kingdom)—

(a)in the title and in subsection (2), for “the United Kingdom” substitute “ England and Wales ”, and

(b)for subsection (14) substitute—

(14)Nothing in this section applies to an agreement entered into before 4 September 1998.

(15)In relation to an agreement entered into during the period beginning with that date and ending with the commencement of section 72(1) of the Coroners and Justice Act 2009, this section applies as if in subsection (2) for “England and Wales” there were substituted “ the United Kingdom ”.

(16)Nothing in this section imposes criminal liability on any person acting on behalf of, or holding office under, the Crown.

(2)In Article 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I. 13)) (conspiracy to commit offences outside the United Kingdom)—

(a)in the title and in paragraph (2), for “the United Kingdom” substitute “ Northern Ireland ”, and

(b)for paragraph (14) substitute—

(14)Nothing in this Article applies to an agreement entered into before 4 September 1998.

(15)In relation to an agreement entered into during the period beginning with that date and ending with the commencement of section 72(2) of the Coroners and Justice Act 2009, this Article applies as if in paragraph (2) for “Northern Ireland” there were substituted “ the United Kingdom ”.

(16)Nothing in this Article imposes criminal liability on any person acting on behalf of, or holding office under, the Crown.

Commencement Information

I60S. 72 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 5

73Abolition of common law libel offences etcE+W+N.I.

The following offences under the common law of England and Wales and the common law of Northern Ireland are abolished—

(a)the offences of sedition and seditious libel;

(b)the offence of defamatory libel;

(c)the offence of obscene libel.

Part 3 U.K.Criminal evidence, investigations and procedure

Chapter 1U.K.Anonymity in investigations

74Qualifying offencesE+W+N.I.

(1)An offence is a qualifying offence for the purposes of this Chapter if—

(a)it is listed in subsection (2), and

(b)the condition in subsection (3) is satisfied in relation to it.

(2)The offences are—

(a)murder;

(b)manslaughter.

(3)The condition in this subsection is that the death was caused by one or both of the following—

(a)being shot with a firearm;

(b)being injured with a knife.

(4)The [F47appropriate authority]may by order amend this section—

(a)so as to add an offence to or omit an offence from the list in subsection (2), or

(b)so as to add, omit or modify a condition to be satisfied in relation to an offence.

(5)In this section—

75Qualifying criminal investigationsE+W+N.I.

(1)For the purposes of this Chapter a criminal investigation is a qualifying criminal investigation if it is conducted by an investigating authority wholly or in part with a view to ascertaining—

(a)whether a person should be charged with a qualifying offence, or

(b)whether a person charged with a qualifying offence is guilty of it.

(2)The following are investigating authorities—

(a)a police force in England and Wales;

(b)the British Transport Police Force;

(c)the [F49National Crime Agency];

(d)the Police Service of Northern Ireland.

(3)The Secretary of State may by order amend subsection (2) so as to add or omit a body or other person.

(4)The provision which may be included in an order under subsection (3) by virtue of section 176 (power to make consequential provision etc) includes provision modifying any provision of this Chapter.

[F50(5)The power to make an order under subsection (3) is exercisable by the Department of Justice in Northern Ireland (and not by the Secretary of State) so far as it may be used to make provision which could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998).]

Textual Amendments

F49Words in s. 75(2)(c) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 186; S.I. 2013/1682, art. 3(v)

Commencement Information

I63S. 75 in force at 6.4.2010 for E.W. by S.I. 2010/816, art. 3

I64S. 75(1)(2)(d)(3)-(5) in force at 18.4.2011 for N.I. by S.R. 2011/182, art. 2(a)(ii)

I65S. 75(2)(c) in force at 2.5.2011 for N.I. by S.I. 2011/1122, art. 2

76Investigation anonymity ordersE+W+N.I.

(1)In this Chapter an “investigation anonymity order” is an order made by a justice of the peace in relation to a specified person prohibiting the disclosure of information—

(a)that identifies the specified person as a person who is or was able or willing to assist a specified qualifying criminal investigation, or

(b)that might enable the specified person to be identified as such a person.

(2)The prohibition in an investigation anonymity order is subject to subsections (3) to (9).

(3)An investigation anonymity order is not contravened by disclosure of such information as regards the specified person as is described in subsection (1), if the person disclosing the information does not know and has no reason to suspect that such an order has been made in relation to the specified person in connection with the specified qualifying criminal investigation.

(4)An investigation anonymity order is not contravened by disclosure of such information as regards the specified person as is described in subsection (1)(b), if the person disclosing the information does not know and has no reason to suspect that the information disclosed is information that might enable the specified person to be identified as a person of the sort described in subsection (1)(a) in relation to the specified qualifying criminal investigation.

(5)A person (“A”) who discloses to another person (“B”) that an investigation anonymity order has been made in relation to a person in connection with the criminal investigation of a qualifying offence does not contravene the order if the condition in subsection (6) is satisfied.

(6)The condition is that A knows that B is aware that the person specified in the order is a person who is or was able or willing to assist a criminal investigation relating to the qualifying offence.

(7)A person who discloses information to which an investigation anonymity order relates does not contravene the order if—

(a)the disclosure is made to a person who is involved in the specified qualifying criminal investigation or in the prosecution of an offence to which the investigation relates, and

(b)the disclosure is made for the purposes of the investigation or the prosecution of an offence to which the investigation relates.

(8)An investigation anonymity order is not contravened by—

(a)disclosure in pursuance of a requirement imposed by any enactment or rule of law, or

(b)disclosure made in pursuance of an order of a court.

(9)A person who discloses such information as regards another person as is described in subsection (1) may not rely on subsection (8) in a case where—

(a)it might have been determined that the person was required or permitted to withhold the information (whether on grounds of public interest immunity or on other grounds), but

(b)the person disclosed the information without there having been a determination as to whether the person was required or permitted to withhold the information.

Disclosure for the purposes of seeking such a determination is not a contravention of an investigation anonymity order.

(10)It is an offence for a person to disclose information in contravention of an investigation anonymity order.

(11)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding the relevant period or a fine not exceeding the statutory maximum, or both;

(b)on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine, or both.

(12)The relevant period” means—

(a)in relation to England and Wales, [F51the general limit in a magistrates’ court];

(b)in relation to Northern Ireland, 6 months.

(13)In this section “specified” means specified in the investigation anonymity order concerned.

Textual Amendments

Commencement Information

I66S. 76 in force at 6.4.2010 for E.W. by S.I. 2010/816, art. 3

I67S. 76(1)-(11)(12)(b)(13) in force at 18.4.2011 for N.I. by S.R. 2011/182, art. 2(a)(iii)

77ApplicationsE+W+N.I.

(1)An application for an investigation anonymity order may be made to a justice of the peace by—

(a)in a case where a police force in England and Wales is conducting the qualifying criminal investigation, the chief officer of police of the police force;

(b)in a case where the British Transport Police Force is conducting the qualifying criminal investigation, the Chief Constable of the British Transport Police Force;

(c)in a case where the [F52National Crime Agency] is conducting the qualifying criminal investigation, the [F53Director General of the National Crime Agency];

(d)in a case where the Police Service of Northern Ireland is conducting the qualifying criminal investigation, the Chief Constable of the Police Service of Northern Ireland;

(e)the Director of Public Prosecutions;

F54(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)the Director of Public Prosecutions for Northern Ireland.

(2)An applicant for an investigation anonymity order is not required to give notice of the application to—

(a)a person who is suspected of having committed or who has been charged with an offence to which the qualifying criminal investigation relates, or

(b)such a person's legal representatives.

(3)An applicant for an investigation anonymity order must (unless the justice of the peace directs otherwise) inform the justice of the identity of the person who would be specified in the order.

(4)A justice of the peace may determine the application without a hearing.

(5)If a justice of the peace determines an application for an investigation anonymity order without a hearing, the designated officer in relation to that justice must notify the applicant of the determination.

(6)In the application of this section to Northern Ireland, the reference to the designated officer in relation to a justice of the peace is to be read as a reference to the clerk of petty sessions F55....

(7)The Secretary of State may by order amend subsection (1).

(8)The provision which may be included in an order under subsection (7) by virtue of section 176 (power to make consequential provision etc) includes provision modifying any provision of this Chapter.

[F56(9)The power to make an order under subsection (7) is exercisable by the Department of Justice in Northern Ireland (and not by the Secretary of State) so far as it may be used to make provision which could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998).]

Textual Amendments

Commencement Information

I68S. 77 in force at 6.4.2010 for E.W. by S.I. 2010/816, art. 3

I69S. 77(1)(c) in force at 2.5.2011 for N.I. by S.I. 2011/1122, art. 2

I70S. 77(1)(d)(g)(2)-(8) in force at 18.4.2011 for N.I. by S.R. 2011/182, art. 2(a)(iv)

78Conditions for making orderE+W+N.I.

(1)This section applies where an application is made for an investigation anonymity order to be made in relation to a person.

(2)The justice of the peace may make such an order if satisfied that there are reasonable grounds for believing that the conditions in subsections (3) to (8) are satisfied.

(3)The condition in this subsection is that a qualifying offence has been committed.

(4)The condition in this subsection is that the person likely to have committed the qualifying offence (“the relevant person”) is a person who was aged at least 11 but under 30 at the time the offence was committed.

(5)The condition in this subsection is that the relevant person is likely to have been a member of a group falling within subsection (6) at the time the offence was committed.

(6)A group falls within this subsection if—

(a)it is possible to identify the group from the criminal activities that its members appear to engage in, and

(b)it appears that the majority of the persons in the group are aged at least 11 but under 30.

(7)The condition in this subsection is that the person who would be specified in the order has reasonable grounds for fearing intimidation or harm if identified as a person who is or was able or willing to assist the criminal investigation as it relates to the qualifying offence.

(8)The condition in this subsection is that the person who would be specified in the order—

(a)is able to provide information that would assist the criminal investigation as it relates to the qualifying offence, and

(b)is more likely than not, as a consequence of the making of the order, to provide such information.

(9)If it is suspected that the qualifying offence was committed by 2 or more persons, it is sufficient for the purposes of subsection (2) that the justice is satisfied that there are reasonable grounds for believing that the conditions in subsections (3) to (8) are satisfied in relation to one person.

(10)The [F57appropriate authority]may by order modify or repeal any of subsections (4) to (6) and (9).

(11)The provision which may be included in an order under subsection (10) by virtue of section 176 (power to make consequential provision etc) includes provision modifying any provision of this Chapter.

[F58(12)In subsection (10) “the appropriate authority” means, in relation to England and Wales, the Secretary of State and, in relation to Northern Ireland, the Department of Justice in Northern Ireland.]

79Appeal against refusal of orderE+W+N.I.

(1)Where a justice of the peace refuses an application for an investigation anonymity order, the applicant may appeal to a judge of the Crown Court against that refusal.

(2)An applicant may not appeal under subsection (1) unless the applicant indicates—

(a)in the application for the order, or

(b)if there is a hearing of the application before the justice, at the hearing,

that the applicant intends to appeal a refusal.

(3)If an applicant has indicated an intention to appeal a refusal, a justice of the peace who refuses an application for an investigation anonymity order must make the order as requested by the applicant.

(4)An order made under subsection (3) has effect until the appeal is determined or otherwise disposed of.

(5)The judge to whom an appeal is made must consider afresh the application for an investigation anonymity order and section 77(3) to (5) applies accordingly to the determination of the application by the judge.

(6)In the application of section 77(5) by virtue of subsection (5), the reference in section 77(5) to the designated officer in relation to a justice of the peace is to be read—

(a)in the case of an appeal made in England and Wales, as a reference to the appropriate officer of the Crown Court;

(b)in the case of an appeal made in Northern Ireland, as a reference to the chief clerk F59....

Textual Amendments

Commencement Information

I73S. 79 in force at 6.4.2010 for E.W. by S.I. 2010/816, art. 3

I74S. 79(1)-(5)(6)(b) in force at 18.4.2011 for N.I. by S.R. 2011/182, art. 2(a)(vi)

80Discharge of orderE+W+N.I.

(1)A justice of the peace may discharge an investigation anonymity order if it appears to the justice to be appropriate to do so.

(2)The justice may so discharge an investigation anonymity order on an application by—

(a)the person on whose application the order was made;

(b)the Director of Public Prosecutions;

F60(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)the Director of Public Prosecutions for Northern Ireland;

(e)the person specified in the order.

(3)An application may not be made under subsection (2) unless there has been a material change of circumstances since the relevant time.

(4)Any person eligible to apply for the discharge of the order is entitled to be party to the proceedings on the application in addition to the applicant.

(5)If an application to discharge an investigation anonymity order is made by a person other than the person specified in the order, the justice may not determine the application unless—

(a)the person specified in the order has had an opportunity to oppose the application, or

(b)the justice is satisfied that it is not reasonably practicable to communicate with the person.

(6)A party to the proceedings may appeal to a judge of the Crown Court against the justice's decision.

(7)If during the proceedings a party indicates an intention to appeal against a determination to discharge the investigation anonymity order, a justice of the peace who makes such a determination must provide for the discharge of the order not to have effect until the appeal is determined or otherwise disposed of.

(8)The relevant time” means—

(a)the time when the order was made, or

(b)if a previous application has been made under subsection (2), the time when the application (or the last application) was made.

Textual Amendments

Commencement Information

I75S. 80 in force at 6.4.2010 for E.W. by S.I. 2010/816, art. 3

I76S. 80(1)(2)(a)(d)(e)(3)-(8) in force at 18.4.2011 for N.I. by S.R. 2011/182, art. 2(a)(vii)

81Delegation of functionsE+W+N.I.

(1)A chief officer of police of a police force in England and Wales may authorise a person to exercise the chief officer's functions under this Chapter.

(2)The Chief Constable of the British Transport Police Force may authorise a person to exercise the Chief Constable's functions under this Chapter.

(3)The [F61Director General of the National Crime Agency] may authorise a person to exercise the Director General's functions under this Chapter.

(4)The Chief Constable of the Police Service of Northern Ireland may authorise a person to exercise the Chief Constable's functions under this Chapter.

(5)The Director of Public Prosecutions may authorise a person to exercise the Director's functions under this Chapter.

F62(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)The Director of Public Prosecutions for Northern Ireland may authorise a person to exercise the Director's functions under this Chapter.

Textual Amendments

Commencement Information

I77S. 81 in force at 6.4.2010 for E.W. by S.I. 2010/816, art. 3

I78S. 81(3) in force at 2.5.2011 for N.I. by S.I. 2011/1122, art. 2

I79S. 81(4)(7) in force at 18.4.2011 for N.I. by S.R. 2011/182, art. 2(a)(viii)

82Public interest immunityE+W+N.I.

Nothing in this Chapter affects the common law rules as to the withholding of information on the grounds of public interest immunity.

Commencement Information

I80S. 82 in force at 6.4.2010 for E.W. by S.I. 2010/816, art. 3

I81S. 82 in force at 18.4.2011 for N.I. by S.R. 2011/182, art. 2(a)(ix)

83ReviewE+W+N.I.

(1)The Secretary of State must review the operation of this Chapter[F63in England and Wales] and prepare a report of that review.

(2)The Secretary of State must lay a copy of the report before Parliament before the end of the period of 2 years beginning with the day on which section 77 comes into force.

[F64(3)The Department of Justice in Northern Ireland must review the operation of this Chapter in Northern Ireland and prepare a report of that review.

(4)The Department of Justice must lay a copy of the report before the Northern Ireland Assembly before the end of the period of 2 years beginning with the day on which section 77 comes into force.

(5)Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (4) in relation to the laying of a copy of a report as it applies in relation to the laying of a statutory document under an enactment.]

84Application to armed forcesU.K.

(1)Subject to subsection (2), nothing in this Chapter applies in relation to any investigation conducted with a view to its being ascertained whether a person should be charged with a service offence or whether a person charged with such an offence is guilty of it.

(2)The Secretary of State may by order make as regards any investigation mentioned in subsection (1) provision equivalent to the provisions contained in this Chapter, subject to such modifications as the Secretary of State considers appropriate.

(3)An order under this section may make provision in such way as the Secretary of State considers appropriate, and may in particular apply any of the provisions concerned, with or without modifications.

(4)In this section—

(a)service offence” has the meaning given by section 50(2) of the Armed Forces Act 2006 (c. 52);

(b)references to charges are to charges brought under Part 5 of that Act.

Commencement Information

I84S. 84 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 5

85Interpretation of this ChapterE+W+N.I.

(1)In this Chapter—

(2)In the application of this Chapter to Northern Ireland—

(a)references to a justice of the peace are to be read as references to a district judge (magistrates' courts);

(b)references to a judge of the Crown Court are to be read as references to a county court judge.

Commencement Information

I85S. 85 in force at 6.4.2010 for E.W. by S.I. 2010/816, art. 3

I86S. 85 in force at 18.4.2011 for N.I. by S.R. 2011/182, art. 2(a)(ix)

Chapter 2U.K.Anonymity of witnesses

Witness anonymity ordersU.K.

86Witness anonymity ordersU.K.

(1)In this Chapter a “witness anonymity order” is an order made by a court that requires such specified measures to be taken in relation to a witness in criminal proceedings as the court considers appropriate to ensure that the identity of the witness is not disclosed in or in connection with the proceedings.

(2)The kinds of measures that may be required to be taken in relation to a witness include measures for securing one or more of the following—

(a)that the witness's name and other identifying details may be—

(i)withheld;

(ii)removed from materials disclosed to any party to the proceedings;

(b)that the witness may use a pseudonym;

(c)that the witness is not asked questions of any specified description that might lead to the identification of the witness;

(d)that the witness is screened to any specified extent;

(e)that the witness's voice is subjected to modulation to any specified extent.

(3)Subsection (2) does not affect the generality of subsection (1).

(4)Nothing in this section authorises the court to require—

(a)the witness to be screened to such an extent that the witness cannot be seen by—

(i)the judge or other members of the court (if any), or

(ii)the jury (if there is one);

(b)the witness's voice to be modulated to such an extent that the witness's natural voice cannot be heard by any persons within paragraph (a)(i) or (ii).

(5)In this section “specified” means specified in the witness anonymity order concerned.

87ApplicationsU.K.

(1)An application for a witness anonymity order to be made in relation to a witness in criminal proceedings may be made to the court by the prosecutor or the defendant.

(2)Where an application is made by the prosecutor, the prosecutor—

(a)must (unless the court directs otherwise) inform the court of the identity of the witness, but

(b)is not required to disclose in connection with the application—

(i)the identity of the witness, or

(ii)any information that might enable the witness to be identified,

to any other party to the proceedings or his or her legal representatives.

(3)Where an application is made by the defendant, the defendant—

(a)must inform the court and the prosecutor of the identity of the witness, but

(b)(if there is more than one defendant) is not required to disclose in connection with the application—

(i)the identity of the witness, or

(ii)any information that might enable the witness to be identified,

to any other defendant or his or her legal representatives.

(4)Accordingly, where the prosecutor or the defendant proposes to make an application under this section in respect of a witness, any relevant material which is disclosed by or on behalf of that party before the determination of the application may be disclosed in such a way as to prevent—

(a)the identity of the witness, or

(b)any information that might enable the witness to be identified,

from being disclosed except as required by subsection (2)(a) or (3)(a).

(5)Relevant material” means any document or other material which falls to be disclosed, or is sought to be relied on, by or on behalf of the party concerned in connection with the proceedings or proceedings preliminary to them.

(6)The court must give every party to the proceedings the opportunity to be heard on an application under this section.

(7)But subsection (6) does not prevent the court from hearing one or more parties in the absence of a defendant and his or her legal representatives, if it appears to the court to be appropriate to do so in the circumstances of the case.

(8)Nothing in this section is to be taken as restricting any power to make rules of court.

88Conditions for making orderU.K.

(1)This section applies where an application is made for a witness anonymity order to be made in relation to a witness in criminal proceedings.

(2)The court may make such an order only if it is satisfied that Conditions A to C below are met.

(3)Condition A is that the proposed order is necessary—

(a)in order to protect the safety of the witness or another person or to prevent any serious damage to property, or

(b)in order to prevent real harm to the public interest (whether affecting the carrying on of any activities in the public interest or the safety of a person involved in carrying on such activities, or otherwise).

(4)Condition B is that, having regard to all the circumstances, the effect of the proposed order would be consistent with the defendant receiving a fair trial.

(5)Condition C is that the importance of the witness's testimony is such that in the interests of justice the witness ought to testify and—

(a)the witness would not testify if the proposed order were not made, or

(b)there would be real harm to the public interest if the witness were to testify without the proposed order being made.

(6)In determining whether the proposed order is necessary for the purpose mentioned in subsection (3)(a), the court must have regard (in particular) to any reasonable fear on the part of the witness—

(a)that the witness or another person would suffer death or injury, or

(b)that there would be serious damage to property,

if the witness were to be identified.

89Relevant considerationsU.K.

(1)When deciding whether Conditions A to C in section 88 are met in the case of an application for a witness anonymity order, the court must have regard to—

(a)the considerations mentioned in subsection (2) below, and

(b)such other matters as the court considers relevant.

(2)The considerations are—

(a)the general right of a defendant in criminal proceedings to know the identity of a witness in the proceedings;

(b)the extent to which the credibility of the witness concerned would be a relevant factor when the weight of his or her evidence comes to be assessed;

(c)whether evidence given by the witness might be the sole or decisive evidence implicating the defendant;

(d)whether the witness's evidence could be properly tested (whether on grounds of credibility or otherwise) without his or her identity being disclosed;

(e)whether there is any reason to believe that the witness—

(i)has a tendency to be dishonest, or

(ii)has any motive to be dishonest in the circumstances of the case,

having regard (in particular) to any previous convictions of the witness and to any relationship between the witness and the defendant or any associates of the defendant;

(f)whether it would be reasonably practicable to protect the witness by any means other than by making a witness anonymity order specifying the measures that are under consideration by the court.

90Warning to juryU.K.

(1)Subsection (2) applies where, on a trial on indictment with a jury, any evidence has been given by a witness at a time when a witness anonymity order applied to the witness.

(2)The judge must give the jury such warning as the judge considers appropriate to ensure that the fact that the order was made in relation to the witness does not prejudice the defendant.

Discharge and variationU.K.

91Discharge or variation of orderU.K.

(1)A court that has made a witness anonymity order in relation to any criminal proceedings may in those proceedings subsequently discharge or vary (or further vary) the order if it appears to the court to be appropriate to do so in view of the provisions of sections 88 and 89 that apply to the making of an order.

(2)The court may do so—

(a)on an application made by a party to the proceedings if there has been a material change of circumstances since the relevant time, or

(b)on its own initiative.

(3)The court must give every party to the proceedings the opportunity to be heard—

(a)before determining an application made to it under subsection (2);

(b)before discharging or varying the order on its own initiative.

(4)But subsection (3) does not prevent the court hearing one or more of the parties to the proceedings in the absence of a defendant in the proceedings and his or her legal representatives, if it appears to the court to be appropriate to do so in the circumstances of the case.

(5)The relevant time” means—

(a)the time when the order was made, or

(b)if a previous application has been made under subsection (2), the time when the application (or the last application) was made.

92Discharge or variation after proceedingsU.K.

(1)This section applies if—

(a)a court has made a witness anonymity order in relation to a witness in criminal proceedings (“the old proceedings”), and

(b)the old proceedings have come to an end.

(2)The court that made the order may discharge or vary (or further vary) the order if it appears to the court to be appropriate to do so in view of—

(a)the provisions of sections 88 and 89 that apply to the making of a witness anonymity order, and

(b)such other matters as the court considers relevant.

(3)The court may do so—

(a)on an application made by a party to the old proceedings if there has been a material change of circumstances since the relevant time, or

(b)on an application made by the witness if there has been a material change of circumstances since the relevant time.

(4)The court may not determine an application made to it under subsection (3) unless in the case of each of the parties to the old proceedings and the witness—

(a)it has given the person the opportunity to be heard, or

(b)it is satisfied that it is not reasonably practicable to communicate with the person.

(5)Subsection (4) does not prevent the court hearing one or more of the persons mentioned in that subsection in the absence of a person who was a defendant in the old proceedings and that person's legal representatives, if it appears to the court to be appropriate to do so in the circumstances of the case.

(6)The relevant time” means—

(a)the time when the old proceedings came to an end, or

(b)if a previous application has been made under subsection (3), the time when the application (or the last application) was made.

93Discharge or variation by appeal courtU.K.

(1)This section applies if—

(a)a court has made a witness anonymity order in relation to a witness in criminal proceedings (“the trial proceedings”), and

(b)a defendant in the trial proceedings has in those proceedings—

(i)been convicted,

(ii)been found not guilty by reason of insanity, or

(iii)been found to be under a disability and to have done the act charged in respect of an offence.

(2)The appeal court may in proceedings on or in connection with an appeal by the defendant from the trial proceedings discharge or vary (or further vary) the order if it appears to the court to be appropriate to do so in view of—

(a)the provisions of sections 88 and 89 that apply to the making of a witness anonymity order, and

(b)such other matters as the court considers relevant.

(3)The appeal court may not discharge or vary the order unless in the case of each party to the trial proceedings—

(a)it has given the person the opportunity to be heard, or

(b)it is satisfied that it is not reasonably practicable to communicate with the person.

(4)But subsection (3) does not prevent the appeal court hearing one or more of the parties to the trial proceedings in the absence of a person who was a defendant in the trial proceedings and that person's legal representatives, if it appears to the court to be appropriate to do so in the circumstances of the case.

(5)In this section a reference to the doing of an act includes a reference to a failure to act.

(6)Appeal court” means—

(a)the Court of Appeal,

(b)the Court of Appeal in Northern Ireland, or

(c)the Court Martial Appeal Court.

Service courtsU.K.

94Special provisions for service courtsU.K.

(1)Subsections (2) and (3) apply in relation to a service court consisting of a judge advocate and other members.

(2)Any decision falling to be made by the court under sections 86 to 92 is to be made by the judge advocate alone.

(3)If any evidence is given by a witness in criminal proceedings before the court at a time when a witness anonymity order applies to the witness, the judge advocate must give the other members such warning as the judge advocate considers appropriate to ensure that the fact that the order was made in relation to the witness does not prejudice the defendant.

Public interest immunityU.K.

95Public interest immunityU.K.

Nothing in this Chapter affects the common law rules as to the withholding of information on the grounds of public interest immunity.

The Criminal Evidence (Witness Anonymity) Act 2008U.K.

96Power to make orders under the 2008 ActU.K.

Sections 1 to 9 and 14 of the Criminal Evidence (Witness Anonymity) Act 2008 (c. 15) cease to have effect.

InterpretationU.K.

97Interpretation of this ChapterU.K.

(1)In this Chapter—

(2)In the case of a witness anonymity order made by a magistrates' court in England and Wales or Northern Ireland, a thing authorised or required by section 91 or 92 to be done by the court by which the order was made may be done by any magistrates' court acting in the same local justice area, or for the same petty sessions district, as that court.

Chapter 3E+WVulnerable and intimidated witnesses

Special measures for vulnerable and intimidated witnessesE+W

98Eligibility for special measures: age of child witnessesE+W

(1)The Youth Justice and Criminal Evidence Act 1999 (c. 23) is amended as follows.

(2)In section 16(1)(a) (witnesses eligible because under 17), for “17” substitute “ 18 ”.

(3)In section 21 (special provisions relating to child witnesses)—

(a)in subsection (8), for “17” substitute “ 18 ”, and

(b)in subsection (9)(b), for “17” substitute “ 18 ”.

(4)In section 22 (extension of section 21 to certain witnesses)—

(a)in the title, for “17” substitute “ 18 ”, and

(b)in subsection (1)(a)(ii), for “17” substitute “ 18 ”.

Commencement Information

I87S. 98 in force at 27.6.2011 by S.I. 2011/1452, art. 2(a)

99Eligibility for special measures: offences involving weaponsE+W

(1)The Youth Justice and Criminal Evidence Act 1999 is amended as follows.

(2)In section 17 (witnesses eligible for assistance on grounds of fear or distress about testifying), after subsection (4) add—

(5)A witness in proceedings relating to a relevant offence (or to a relevant offence and any other offences) is eligible for assistance in relation to those proceedings by virtue of this subsection unless the witness has informed the court of the witness's wish not to be so eligible by virtue of this subsection.

(6)For the purposes of subsection (5) an offence is a relevant offence if it is an offence described in Schedule 1A.

(7)The Secretary of State may by order amend Schedule 1A.

(3)In section 64(3) (orders subject to affirmative resolution procedure), in paragraph (a) after “section” insert “ 17(7), ”.

(4)Before Schedule 2 insert the Schedule 1A set out in Schedule 14 to this Act.

Commencement Information

I88S. 99 in force at 27.6.2011 by S.I. 2011/1452, art. 2(a)

100Special measures directions for child witnessesE+W

(1)Section 21 of the Youth Justice and Criminal Evidence Act 1999 (c. 23) (special provisions relating to child witnesses) is amended in accordance with subsections (2) to (7).

(2)In subsection (1) (definitions), omit paragraph (b) (child witnesses in need of special protection) (but not the “and” following it).

(3)In subsection (2) (determining contents of direction), for “(7)” substitute “ (4C) ”.

(4)In subsection (4) (limitations on primary rule)—

(a)omit the “and” at the end of paragraph (b), and

(b)after paragraph (b) insert—

(ba)if the witness informs the court of the witness's wish that the rule should not apply or should apply only in part, the rule does not apply to the extent that the court is satisfied that not complying with the rule would not diminish the quality of the witness's evidence; and.

(5)After subsection (4) insert—

(4A)Where as a consequence of all or part of the primary rule being disapplied under subsection (4)(ba) a witness's evidence or any part of it would fall to be given as testimony in court, the court must give a special measures direction making such provision as is described in section 23 for the evidence or that part of it.

(4B)The requirement in subsection (4A) is subject to the following limitations—

(a)if the witness informs the court of the witness's wish that the requirement in subsection (4A) should not apply, the requirement does not apply to the extent that the court is satisfied that not complying with it would not diminish the quality of the witness's evidence; and

(b)the requirement does not apply to the extent that the court is satisfied that making such a provision would not be likely to maximise the quality of the witness's evidence so far as practicable (whether because the application to that evidence of one or more other special measures available in relation to the witness would have that result or for any other reason).

(6)After subsection (4B) (inserted by subsection (5)) insert—

(4C)In making a decision under subsection (4)(ba) or (4B)(a), the court must take into account the following factors (and any others it considers relevant)—

(a)the age and maturity of the witness;

(b)the ability of the witness to understand the consequences of giving evidence otherwise than in accordance with the requirements in subsection (3) or (as the case may be) in accordance with the requirement in subsection (4A);

(c)the relationship (if any) between the witness and the accused;

(d)the witness's social and cultural background and ethnic origins;

(e)the nature and alleged circumstances of the offence to which the proceedings relate.

(7)Omit subsections (5) to (7).

(8)In section 22 of that Act (extension of provisions of section 21)—

(a)in subsection (1), omit paragraph (b) (but not the “and” following it), and

(b)for subsection (2) substitute—

(2)Subsections (2) to (4) and (4C) of section 21, so far as relating to the giving of a direction complying with the requirement contained in section 21(3)(a), apply to a qualifying witness in respect of the relevant recording as they apply to a child witness (within the meaning of that section).

Commencement Information

I89S. 100 in force at 27.6.2011 by S.I. 2011/1452, art. 2(a)

101Special provisions relating to sexual offencesE+W

After section 22 of the Youth Justice and Criminal Evidence Act 1999 (c. 23) insert—

22ASpecial provisions relating to sexual offences

(1)This section applies where in criminal proceedings relating to a sexual offence (or to a sexual offence and other offences) the complainant in respect of that offence is a witness in the proceedings.

(2)This section does not apply if the place of trial is a magistrates' court.

(3)This section does not apply if the complainant is an eligible witness by reason of section 16(1)(a) (whether or not the complainant is an eligible witness by reason of any other provision of section 16 or 17).

(4)If a party to the proceedings makes an application under section 19(1)(a) for a special measures direction in relation to the complainant, the party may request that the direction provide for any relevant recording to be admitted under section 27 (video recorded evidence in chief).

(5)Subsection (6) applies if—

(a)a party to the proceedings makes a request under subsection (4) with respect to the complainant, and

(b)the court determines for the purposes of section 19(2) that the complainant is eligible for assistance by virtue of section 16(1)(b) or 17.

(6)The court must—

(a)first have regard to subsections (7) to (9); and

(b)then have regard to section 19(2);

and for the purposes of section 19(2), as it then applies to the complainant, any special measure required to be applied in relation to the complainant by virtue of this section is to be treated as if it were a measure determined by the court, pursuant to section 19(2)(a) and (b)(i), to be one that (whether on its own or with any other special measures) would be likely to maximise, so far as practicable, the quality of the complainant's evidence.

(7)The court must give a special measures direction in relation to the complainant that provides for any relevant recording to be admitted under section 27.

(8)The requirement in subsection (7) has effect subject to section 27(2).

(9)The requirement in subsection (7) does not apply to the extent that the court is satisfied that compliance with it would not be likely to maximise the quality of the complainant's evidence so far as practicable (whether because the application to that evidence of one or more other special measures available in relation to the complainant would have that result or for any other reason).

(10)In this section “relevant recording”, in relation to a complainant, is a video recording of an interview of the complainant made with a view to its admission as the evidence in chief of the complainant.

Commencement Information

I90S. 101 in force at 27.6.2011 by S.I. 2011/1452, art. 2(a)

102Evidence by live link: presence of supporterE+W

(1)In section 24 of the Youth Justice and Criminal Evidence Act 1999 (c. 23) (evidence by live link), after subsection (1) insert—

(1A)Such a direction may also provide for a specified person to accompany the witness while the witness is giving evidence by live link.

(1B)In determining who may accompany the witness, the court must have regard to the wishes of the witness.

(2)In section 27 of that Act (video recorded evidence in chief), after subsection (9) insert—

(9A)If the court directs under subsection (9) that evidence is to be given by live link, it may also make such provision in that direction as it could make under section 24(1A) in a special measures direction.

Commencement Information

I91S. 102 in force at 27.6.2011 by S.I. 2011/1452, art. 2(a)

103Video recorded evidence in chief: supplementary testimonyE+W

(1)Section 27 of the Youth Justice and Criminal Evidence Act 1999 (video recorded evidence in chief) is amended as follows.

(2)In subsection (5) (consequences of admitting video recording), for paragraph (b) substitute—

(b)the witness may not without the permission of the court give evidence in chief otherwise than by means of the recording as to any matter which, in the opinion of the court, is dealt with in the witness's recorded testimony.

(3)In subsection (7) (giving permission for additional testimony)—

(a)for “subsection (5)(b)(ii)” substitute “ subsection (5)(b) ”, and

(b)in paragraph (a) (requirement of a material change of circumstances since the relevant time), omit from “if there” to “relevant time,”.

(4)Omit subsection (8) (definition of “the relevant time”).

(5)In subsection (9) (supplementary testimony by live link), for “subsection (5)(b)(ii)” substitute “ subsection (5)(b) ”.

Commencement Information

I92S. 103 in force at 27.6.2011 by S.I. 2011/1452, art. 2(a)

Prospective

Evidence of certain accused personsE+W

104Examination of accused through intermediaryE+W

(1)After section 33B of the Youth Justice and Criminal Evidence Act 1999 (c. 23) insert—

33BAExamination of accused through intermediary

(1)This section applies to any proceedings (whether in a magistrates' court or before the Crown Court) against a person for an offence.

(2)The court may, on the application of the accused, give a direction under subsection (3) if it is satisfied—

(a)that the condition in subsection (5) is or, as the case may be, the conditions in subsection (6) are met in relation to the accused, and

(b)that making the direction is necessary in order to ensure that the accused receives a fair trial.

(3)A direction under this subsection is a direction that provides for any examination of the accused to be conducted through an interpreter or other person approved by the court for the purposes of this section (“an intermediary”).

(4)The function of an intermediary is to communicate—

(a)to the accused, questions put to the accused, and

(b)to any person asking such questions, the answers given by the accused in reply to them,

and to explain such questions or answers so far as necessary to enable them to be understood by the accused or the person in question.

(5)Where the accused is aged under 18 when the application is made the condition is that the accused's ability to participate effectively in the proceedings as a witness giving oral evidence in court is compromised by the accused's level of intellectual ability or social functioning.

(6)Where the accused has attained the age of 18 when the application is made the conditions are that—

(a)the accused suffers from a mental disorder (within the meaning of the Mental Health Act 1983) or otherwise has a significant impairment of intelligence and social function, and

(b)the accused is for that reason unable to participate effectively in the proceedings as a witness giving oral evidence in court.

(7)Any examination of the accused in pursuance of a direction under subsection (3) must take place in the presence of such persons as Criminal Procedure Rules or the direction may provide and in circumstances in which—

(a)the judge or justices (or both) and legal representatives acting in the proceedings are able to see and hear the examination of the accused and to communicate with the intermediary,

(b)the jury (if there is one) are able to see and hear the examination of the accused, and

(c)where there are two or more accused in the proceedings, each of the other accused is able to see and hear the examination of the accused.

For the purposes of this subsection any impairment of eyesight or hearing is to be disregarded.

(8)Where two or more legal representatives are acting for a party to the proceedings, subsection (7)(a) is to be regarded as satisfied in relation to those representatives if at all material times it is satisfied in relation to at least one of them.

(9)A person may not act as an intermediary in a particular case except after making a declaration, in such form as may be prescribed by Criminal Procedure Rules, that the person will faithfully perform the function of an intermediary.

(10)Section 1 of the Perjury Act 1911 (perjury) applies in relation to a person acting as an intermediary as it applies in relation to a person lawfully sworn as an interpreter in a judicial proceeding.

33BBFurther provision as to directions under section 33BA(3)

(1)The court may discharge a direction given under section 33BA(3) at any time before or during the proceedings to which it applies if it appears to the court that the direction is no longer necessary in order to ensure that the accused receives a fair trial (but this does not affect the power to give a further direction under section 33BA(3) in relation to the accused).

(2)The court may vary (or further vary) a direction given under section 33BA(3) at any time before or during the proceedings to which it applies if it appears to the court that it is necessary for the direction to be varied in order to ensure that the accused receives a fair trial.

(3)The court may exercise the power in subsection (1) or (2) of its own motion or on an application by a party.

(4)The court must state in open court its reasons for—

(a)giving, varying or discharging a direction under section 33BA(3), or

(b)refusing an application for, or for the variation or discharge of, a direction under section 33BA(3),

and, if it is a magistrates' court, it must cause those reasons to be entered in the register of its proceedings.

(2)In the heading of Chapter 1A of Part 2 of that Act, after “live link” insert and intermediary.

Witnesses protected from cross-examination by accused in personE+W

105Age of child complainantE+W

In section 35 of the Youth Justice and Criminal Evidence Act 1999 (c. 23) (child complainants and other child witnesses), in subsection (4)(a) for “17” substitute “ 18 ”.

Commencement Information

I93S. 105 in force at 27.6.2011 by S.I. 2011/1452, art. 2(b)

Chapter 4E+WLive links

106Directions to attend through live linkE+W

(1)The Crime and Disorder Act 1998 (c. 37) is amended as follows.

(2)In section 57B (use of live link at preliminary hearings where accused is in custody), after subsection (6) add—

(7)The following functions of a magistrates' court under this section may be discharged by a single justice—

(a)giving a live link direction under this section;

(b)rescinding a live link direction before a preliminary hearing begins; and

(c)requiring or permitting a person to attend by live link a hearing about a matter within paragraph (a) or (b).

(3)In section 57C (use of live link at preliminary hearings where accused is at police station)—

(a)after subsection (6) insert—

(6A)A live link direction under this section may not be given unless the court is satisfied that it is not contrary to the interests of justice to give the direction.,

(b)omit subsection (7) (no live link direction unless accused consents),

(c)in subsection (8) (power to rescind live link direction before or during hearing), omit “before or”, and

(d)in subsection (9) (representations about use of live link), omit paragraph (a) (and the “and” following it).

(4)In section 57D (continued use of live link for sentencing hearing following a preliminary hearing)—

(a)in subsection (2) (conditions for use of live link)—

(i)omit paragraph (b) (but not the “and” following it), and

(ii)in paragraph (c), for “it” to the end substitute “ the accused continuing to attend through the live link is not contrary to the interests of justice. ”, and

(b)in subsection (3) (conditions for giving oral evidence by live link), omit paragraph (a) (and the “and” following it).

(5)In section 57E (use of live link in sentencing hearings)—

(a)in subsection (5) (conditions for giving live link direction), omit paragraph (a) (and the “and” following it), and

(b)in subsection (7) (conditions for giving oral evidence by live link), omit paragraph (a) (and the “and” following it).

Commencement Information

I94S. 106(1) in force at 14.12.2009 for specified purposes by S.I. 2009/3253, art. 2(a)(iii), 3(1)(a) (with art. 4)

I95S. 106(1) in force at 3.10.2011 for specified purposes by S.I. 2011/2148, art. 2(1)(a)

I96S. 106(1)(3) in force at 8.10.2012 in so far as not already in force by S.I. 2012/2374, art. 3(a)

I97S. 106(2)(5) in force at 14.12.2009 by S.I. 2009/3253, art. 2(a)(i) (with art. 4)

I98S. 106(3) in force at 14.12.2009 for specified purposes by S.I. 2009/3253, art. 3(1)(a) (with art. 4)

I99S. 106(3) in force at 3.10.2011 for specified purposes by S.I. 2011/2148, art. 2(1)(a)

I100S. 106(4) in force at 14.12.2009 by S.I. 2009/3253, art. 2(a)(ii)

107Answering to live link bailE+W

(1)The Police and Criminal Evidence Act 1984 (c. 60) is amended as follows.

(2)In section 46ZA (persons granted live link bail)—

(a)in subsection (3) (accused persons who answer to live link bail and are treated as in police detention)—

(i)omit paragraph (a)(persons not intending to consent to live link direction),

(ii)in paragraph (b), for “at any such time,” substitute “ at any time before the beginning of proceedings in relation to a live link direction under section 57C of the Crime and Disorder Act 1998 in relation to the accused person, ”,

(iii)omit paragraph (c)(persons not giving consent during proceedings in relation to a live link direction) (but not the “or” following it), and

(iv)in paragraph (d), for “any other reason” substitute “ any reason ”, and

(b)in subsection (4) (effect of subsection (3) applying to a person), for “any of paragraphs (a) to (d) of subsection (3) apply” substitute “ paragraph (b) or (d) of subsection (3) applies ”.

(3)In section 46A(power of arrest for failure to answer police bail), in subsection (1ZA) (such failure includes leaving police station without informing a constable that intend not to consent to live link direction), in paragraph (b) omit from “, without informing” to the end.

Commencement Information

I101S. 107 in force at 14.12.2009 for specified purposes by S.I. 2009/3253, art. 3(1)(b) (with art. 4)

I102S. 107 in force at 3.10.2011 for specified purposes by S.I. 2011/2148, art. 2(1)(b)

I103S. 107 in force at 8.10.2012 in so far as not already in force by S.I. 2012/2374, art. 3(b)

108Searches of persons answering to live link bailE+W

(1)After section 54A of the Police and Criminal Evidence Act 1984 (c. 60) insert—

54BSearches of persons answering to live link bail

(1)A constable may search at any time—

(a)any person who is at a police station to answer to live link bail; and

(b)any article in the possession of such a person.

(2)If the constable reasonably believes a thing in the possession of the person ought to be seized on any of the grounds mentioned in subsection (3), the constable may seize and retain it or cause it to be seized and retained.

(3)The grounds are that the thing—

(a)may jeopardise the maintenance of order in the police station;

(b)may put the safety of any person in the police station at risk; or

(c)may be evidence of, or in relation to, an offence.

(4)The constable may record or cause to be recorded all or any of the things seized and retained pursuant to subsection (2).

(5)An intimate search may not be carried out under this section.

(6)The constable carrying out a search under subsection (1) must be of the same sex as the person being searched.

(7)In this section “live link bail” means bail granted under Part 4 of this Act subject to the duty mentioned in section 47(3)(b).

54CPower to retain articles seized

(1)Except as provided by subsections (2) and (3), a constable may retain a thing seized under section 54B until the time when the person from whom it was seized leaves the police station.

(2)A constable may retain a thing seized under section 54B in order to establish its lawful owner, where there are reasonable grounds for believing that it has been obtained in consequence of the commission of an offence.

(3)If a thing seized under section 54B may be evidence of, or in relation to, an offence, a constable may retain it—

(a)for use as evidence at a trial for an offence; or

(b)for forensic examination or for investigation in connection with an offence.

(4)Nothing may be retained for either of the purposes mentioned in subsection (3) if a photograph or copy would be sufficient for that purpose.

(5)Nothing in this section affects any power of a court to make an order under section 1 of the Police (Property) Act 1897.

(6)The references in this section to anything seized under section 54B include anything seized by a person to whom paragraph 27A of Schedule 4 to the Police Reform Act 2002 applies.

(2)In section 46A of that Act (power of arrest for failure to answer to police bail), after subsection (1ZA) insert—

(1ZB)The reference in subsection (1) to a person who fails to attend at a police station at the time appointed for the person to do so includes a reference to a person who—

(a)attends at a police station to answer to bail granted subject to the duty mentioned in section 47(3)(b), but

(b)refuses to be searched under section 54B.

(3)In Part 3 of Schedule 4 to the Police Reform Act 2002 (c. 30) (powers exercisable by detention officers), after paragraph 27 insert—

Searches of persons answering to live link bail

27A(1)Where a designation applies this paragraph to any person, that person has the powers of a constable under section 54B of the 1984 Act (searches of persons answering to live link bail)—

(a)to carry out a search of any person attending a police station in the relevant police area; and

(b)to seize or retain articles found on such a search.

(2)Anything seized by a person under the power conferred by sub-paragraph (1) must be delivered to a constable as soon as practicable and in any case before the person from whom the thing was seized leaves the police station.

Commencement Information

I104S. 108 in force at 14.12.2009 for specified purposes by S.I. 2009/3253, art. 3(1)(c)

I105S. 108 in force at 3.10.2011 for specified purposes by S.I. 2011/2148, art. 2(1)(c)

I106S. 108 in force at 8.10.2012 in so far as not already in force by S.I. 2012/2374, art. 3(c)

109Use of live link in certain enforcement hearingsE+W

(1)After section 57E of the Crime and Disorder Act 1998 (c. 37) insert—

57FUse of live link in certain enforcement hearings

(1)This section applies where—

(a)a confiscation order is made against a person; and

(b)the amount required to be paid under the order is not paid when it is required to be paid.

(2)If it appears to the court before which an enforcement hearing relating to the confiscation order is to take place that it is likely that the person will be held in custody at the time of the hearing, the court may give a live link direction under this section in relation to that hearing.

(3)A live link direction under this section is a direction requiring the person, if the person is being held in custody at the time of the hearing, to attend it through a live link from the place at which the person is being held.

(4)Such a direction—

(a)may be given by the court of its own motion or on an application by a party; and

(b)may be given in relation to all subsequent enforcement hearings before the court or to such hearing or hearings as may be specified or described in the direction.

(5)The court may rescind a live link direction under this section at any time before or during a hearing to which it relates.

(6)The court may not give or rescind a live link direction under this section (whether at a hearing or otherwise) unless the parties to the proceedings have been given the opportunity to make representations.

(7)If a hearing takes place in relation to the giving or rescinding of such a direction, the court may require or permit any party to the proceedings who wishes to make representations in relation to the giving or rescission of a live link direction under this section to do so through a live link.

(8)The person may not give oral evidence while attending a hearing through a live link by virtue of this section unless the court is satisfied that it is not contrary to the interests of justice for the person to give it that way.

(9)If in a case where it has power to do so a court decides not to give a live link direction under this section, it must—

(a)state in open court its reasons for not doing so; and

(b)cause those reasons to be entered in the register of its proceedings.

(10)The following functions of a magistrates' court under this section may be discharged by a single justice—

(a)giving a live link direction under this section;

(b)rescinding a live link direction before a preliminary hearing begins; and

(c)requiring or permitting a person to attend by live link a hearing about a matter within paragraph (a) or (b).

(2)In section 57A of that Act (introductory)—

(a)in subsection (1)—

(i)in paragraph (a), after “an offence” insert “ and enforcement hearings relating to confiscation orders ”, and

(ii)in paragraph (b), for “and 57E” substitute “ , 57E and 57F ”, and

(b)in subsection (3), at the appropriate place insert—

confiscation order” means an order made under—

(a)section 71 of the Criminal Justice Act 1988;

(b)section 2 of the Drug Trafficking Act 1994; or

(c)section 6 of the Proceeds of Crime Act 2002;”, and

“ “enforcement hearing” means a hearing under section 82 of the Magistrates' Courts Act 1980 to consider the issuing of a warrant of committal or to inquire into a person's means;.

(3)In the title of Part 3A of that Act, for “and Sentencing” substitute , Sentencing and other.

Commencement Information

I107S. 109 in force at 14.12.2009 by S.I. 2009/3253, art. 2(b)

110Direction of registrar for appeal hearing by live linkE+W

In section 31A of the Criminal Appeal Act 1968 (c. 19) (powers of the Court of Appeal under Part 1 of that Act that are exercisable by the registrar), in subsection (2), after paragraph (a) insert—

(aa)to give a live link direction under section 22(4);.

Commencement Information

I108S. 110 in force at 14.12.2009 by S.I. 2009/3253, art. 2(c)

Chapter 5E+WMiscellaneous

Evidence by video recordingE+W

111Effect of admission of video recordingE+W

In section 138 of the Criminal Justice Act 2003 (c. 44) (video evidence: further provisions), omit subsection (1) (no evidence in chief on matter dealt with adequately in recorded account).

Commencement Information

I109S. 111 in force at 27.6.2011 by S.I. 2011/1452, art. 2(c)

Evidence of previous complaintsE+W

112Admissibility of evidence of previous complaintsE+W

In section 120(7) of the Criminal Justice Act 2003 (third condition for admitting previous statement of witness as evidence of matter stated of which oral evidence of witness would be admitted), omit paragraph (d) (requirement that complaint be made as soon as could reasonably be expected after the alleged conduct).

Commencement Information

I110S. 112 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 6

Immunity etcE+W

113Powers in respect of offenders who assist investigations and prosecutionsE+W

(1)Chapter 2 of Part 2 of the Serious Organised Crime and Police Act 2005 (c. 15) is amended as follows.

(2)In section 71 (assistance by offender: immunity from prosecution), in subsection (1) (immunity notice)—

(a)for “any offence” substitute “ an indictable offence or an offence triable either way ”, and

(b)after “prosecution”, in second place it occurs, insert “ for any offence ”.

(3)In subsection (4) of that section (specified prosecutors)—

(a)after paragraph (d) insert—

(da)the Financial Services Authority;

(db)the Secretary of State for Business, Innovation and Skills, acting personally;, and

(b)in paragraph (e) for “(d)” substitute “ (db) ”.

(4)After subsection (6) of that section insert—

(6A)In exercising the power to designate a prosecutor under subsection (4)(e), the Financial Services Authority and the Secretary of State for Business, Innovation and Skills may each designate only—

(a)one prosecutor (a “chief prosecutor”) to act at any one time, and

(b)an alternative prosecutor (a “deputy prosecutor”) to act as a specified prosecutor—

(i)when the chief prosecutor is unavailable, or

(ii)during any period when no chief prosecutor is designated.

(6B)Paragraph 5(1) of Schedule 1 to the Financial Services and Markets Act 2000 (arrangements for discharging functions of the Authority) does not apply to the exercise of the powers conferred on the Financial Services Authority under this Chapter.

(6C)An immunity notice may be given by the Financial Services Authority, the Secretary of State for Business, Innovation and Skills or a prosecutor designated by either of them under subsection (4)(e), only with the consent of the Attorney General.

(5)In section 72 (assistance by offender: undertakings as to use of evidence), in subsection (1) (restricted use undertaking) for “any offence” substitute “ an indictable offence or an offence triable either way ”.

(6)In subsection (2)(a) of that section, at the beginning insert “ any ”.

(7)After section 75A insert—

75BGuidance about use of powers under sections 71 to 74

(1)The Attorney General may issue guidance to specified prosecutors about the exercise by them of any of their powers under sections 71 to 74.

(2)The Attorney General may from time to time revise any guidance issued under this section.

(3)In this section “specified prosecutor” is to be construed in accordance with section 71.

Commencement Information

I111S. 113 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 6

BailE+W

114Bail: risk of committing an offence causing injuryE+W

(1)Part 1 of Schedule 1 to the Bail Act 1976 (c. 63) (defendants accused or convicted of imprisonable offences) is amended as follows.

(2)After paragraph 6 insert—

6ZAIf the defendant is charged with murder, the defendant may not be granted bail unless the court is of the opinion that there is no significant risk of the defendant committing, while on bail, an offence that would, or would be likely to, cause physical or mental injury to any person other than the defendant.

(3)In paragraph 9 (matters to which court is to have regard when taking decisions about granting bail)—

(a)after “6A” insert “ or of the opinion mentioned in paragraph 6ZA ”, and

(b)after paragraph (d) insert—

(e)if the court is satisfied that there are substantial grounds for believing that the defendant, if released on bail (whether subject to conditions or not), would commit an offence while on bail, the risk that the defendant may do so by engaging in conduct that would, or would be likely to, cause physical or mental injury to any person other than the defendant,.

Commencement Information

I112S. 114 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 7

115Bail decisions in murder cases to be made by Crown Court judgeE+W

(1)A person charged with murder may not be granted bail except by order of a judge of the Crown Court.

(2)Subsections (3) and (4) apply where a person appears or is brought before a magistrates' court charged with murder.

(3)A judge of the Crown Court must make a decision about bail in respect of the person as soon as reasonably practicable and, in any event, within the period of 48 hours beginning with the day after the day on which the person appears or is brought before the magistrates' court.

(4)The magistrates' court must, if necessary for the purposes of subsection (3), commit the person to custody to be brought before a judge of the Crown Court.

(5)For the purposes of subsections (3) and (4), it is immaterial whether the magistrates' court—

(a)sends the person to the Crown Court for trial, or

(b)adjourns proceedings under section 52(5) of the Crime and Disorder Act 1998 (c. 37) and remands the person.

(6)In this section a reference to a person charged with murder includes a person charged with murder and one or more other offences.

(7)For the purposes of subsection (3), when calculating the period of 48 hours Saturdays, Sundays, Christmas Day, Good Friday and bank holidays are to be excluded.

Commencement Information

I113S. 115 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 8

Unsigned indictmentsE+W

116Indictment of offendersE+W

(1)In the Administration of Justice (Miscellaneous Provisions) Act 1933 (c. 36)—

(a)in section 2 (procedure for indictment of offenders), in subsection (1) omit—

(i)from “, and where” to “the bill,”, and

(ii)from “Provided” to the end,

(b)in subsection (3) of that section—

(i)after “indictment”, in first place it occurs, insert “ has been ”, and

(ii)omit “has been signed by the proper officer of the court”,

(c)after subsection (6) of that section, insert—

(6ZA)Where a bill of indictment is preferred in accordance with subsections (1) and (2), no objection to the indictment may be taken after the commencement of the trial by reason of any failure to observe any rules under subsection (6).

(6ZB)For the purposes of subsection (6ZA) the trial commences at the time when a jury is sworn to consider the issue of guilt or whether the accused did the act or made the omission charged, or, if the court accepts a plea of guilty before the time when a jury is sworn, when that plea is accepted.

(6ZC)The references in subsection (6ZB) to the time when a jury is sworn include the time when that jury would be sworn but for the making of an order under Part 7 of the Criminal Justice Act 2003., and

(d)in paragraph 1 of Schedule 2 (consequential adaptations of enactments)—

(i)for “respectively references” substitute “ reference ”, and

(ii)omit “and signing”.

(2)In section 82 of the Supreme Court Act 1981 (c. 54) (duties of officers of Crown Court), in subsection (1) omit “the signing of indictments,”.

Detention of terrorist suspectsE+W

117Detention of persons under section 41 of the Terrorism Act 2000E+W

(1)Section 36 of the Terrorism Act 2006 (c. 11) (review of terrorism legislation) is amended in accordance with subsections (2) and (3).

(2)After subsection (2) insert—

(2A)A review under subsection (2) may, in particular, consider whether—

(a)the requirements imposed by or under Part 1 or 2, or paragraph 37, of Schedule 8 to the Terrorism Act 2000 (detention of suspected terrorists), and

(b)the requirements imposed by any relevant code of practice under section 66 of the Police and Criminal Evidence Act 1984 or Article 65 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)),

have been complied with in relation to persons detained under section 41 of the Terrorism Act 2000 pursuant to a warrant of further detention issued under Part 3 of Schedule 8 to that Act.

(3)In subsection (3) for “That person” substitute “ The person appointed under subsection (1) ”.

(4)Section 51 of the Police Reform Act 2002 (c. 30) (independent custody visitors for places of detention) is amended in accordance with subsections (5) to (8).

(5)After subsection (1) insert—

(1A)Every police authority must ensure—

(a)that the arrangements made by it require independent custody visitors to prepare and submit to it a report of any visit made under the arrangements to a suspected terrorist detainee, and

(b)that a copy of any report submitted under paragraph (a) is given to the person appointed under section 36(1) of the Terrorism Act 2006 (independent reviewer of terrorism legislation).

(6)In subsection (3), after paragraph (b) insert—

(ba)in relation to suspected terrorist detainees, to listen to the audio recordings and view the video recordings (with or without sound) of interviews with those detainees which have taken place during their detention there and which were conducted by a constable;.

(7)After that subsection insert—

(3A)The arrangements may include provision for access to the whole or part of an audio or video recording of an interview of the kind mentioned in subsection (3)(ba) to be denied to independent custody visitors if—

(a)it appears to an officer of or above the rank of inspector that there are grounds for denying access at the time it is requested;

(b)the grounds are grounds specified for the purposes of paragraph (a) in the arrangements; and

(c)the procedural requirements imposed by the arrangements in relation to a denial of access to such recordings are complied with.

(3B)Grounds are not to be specified in any arrangements for the purposes of subsection (3A)(a) unless they are grounds for the time being set out for the purposes of this subsection in the code of practice issued by the Secretary of State under subsection (6).

(8)For subsection (10) substitute—

(10)In this section—

Commencement Information

I114S. 117(1)-(3) in force at 7.8.2012 by S.I. 2012/1810, art. 2

I115S. 117(4)-(8) in force at 22.4.2013 by S.I. 2013/705, art. 2

Part 4 E+WSentencing

Chapter 1E+WSentencing Council for England and Wales

Sentencing Council for England and WalesE+W

118Sentencing Council for England and WalesE+W

(1)There is to be a Sentencing Council for England and Wales.

(2)Schedule 15 makes provision about the Council.

Commencement Information

I116S. 118(1) in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 7

I117S. 118(2) in force at 1.2.2010 for specified purposes by S.I. 2010/145, art. 2(2), Sch. para. 9

I118S. 118(2) in force at 6.4.2010 in so far as not already in force by S.I. 2010/816, art. 2, Sch. para. 7

119Annual reportE+W

(1)The Council must, as soon as practicable after the end of each financial year, make to the Lord Chancellor a report on the exercise of the Council's functions during the year.

(2)The Lord Chancellor must lay a copy of the report before Parliament.

(3)The Council must publish the report once a copy has been so laid.

(4)Sections 128(3), 130 and 131 make further provision about the content of reports under this section.

(5)If section 118 comes into force after the beginning of a financial year, the first report may relate to a period beginning with the day on which that section comes into force and ending with the end of the next financial year.

Commencement Information

I119S. 119 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 8

GuidelinesE+W

120Sentencing guidelinesE+W

(1)In this Chapter “sentencing guidelines” means guidelines relating to the sentencing of offenders.

(2)A sentencing guideline may be general in nature or limited to a particular offence, particular category of offence or particular category of offender.

(3)The Council must prepare—

(a)sentencing guidelines about the discharge of a court's duty under [F65section 73 of the Sentencing Code] (reduction in sentences for guilty pleas), and

(b)sentencing guidelines about the application of any rule of law as to the totality of sentences.

(4)The Council may prepare sentencing guidelines about any other matter.

(5)Where the Council has prepared guidelines under subsection (3) or (4), it must publish them as draft guidelines.

(6)The Council must consult the following persons about the draft guidelines—

(a)the Lord Chancellor;

(b)such persons as the Lord Chancellor may direct;

(c)the Justice Select Committee of the House of Commons (or, if there ceases to be a committee of that name, such committee of the House of Commons as the Lord Chancellor directs);

(d)such other persons as the Council considers appropriate.

(7)In the case of guidelines within subsection (3), the Council must, after making any amendments of the guidelines which it considers appropriate, issue them as definitive guidelines.

(8)In any other case, the Council may, after making such amendments, issue them as definitive guidelines.

(9)The Council may, from time to time, review the sentencing guidelines issued under this section, and may revise them.

(10)Subsections (5), (6) and (8) apply to a revision of the guidelines as they apply to their preparation (and subsection (8) applies even if the guidelines being revised are within subsection (3)).

(11)When exercising functions under this section, the Council must have regard to the following matters—

(a)the sentences imposed by courts in England and Wales for offences;

(b)the need to promote consistency in sentencing;

(c)the impact of sentencing decisions on victims of offences;

(d)the need to promote public confidence in the criminal justice system;

(e)the cost of different sentences and their relative effectiveness in preventing re-offending;

(f)the results of the monitoring carried out under section 128.

Textual Amendments

Commencement Information

I120S. 120 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 8 (with art. 7) (as amended (11.3.2011) by S.I. 2011/722, art. 2)

121Sentencing rangesE+W

(1)When exercising functions under section 120, the Council is to have regard to the desirability of sentencing guidelines which relate to a particular offence being structured in the way described in subsections (2) to (9).

(2)The guidelines should, if reasonably practicable given the nature of the offence, describe, by reference to one or more of the factors mentioned in subsection (3), different categories of case involving the commission of the offence which illustrate in general terms the varying degrees of seriousness with which the offence may be committed.

(3)Those factors are—

(a)the offender's culpability in committing the offence;

(b)the harm caused, or intended to be caused or which might foreseeably have been caused, by the offence;

(c)such other factors as the Council considers to be particularly relevant to the seriousness of the offence in question.

(4)The guidelines should—

(a)specify the range of sentences (“the offence range”) which, in the opinion of the Council, it may be appropriate for a court to impose on an offender convicted of that offence, and

(b)if the guidelines describe different categories of case in accordance with subsection (2), specify for each category the range of sentences (“the category range”) within the offence range which, in the opinion of the Council, it may be appropriate for a court to impose on an offender in a case which falls within the category.

(5)The guidelines should also—

(a)specify the sentencing starting point in the offence range, or

(b)if the guidelines describe different categories of case in accordance with subsection (2), specify the sentencing starting point in the offence range for each of those categories.

(6)The guidelines should—

(a)(to the extent not already taken into account by categories of case described in accordance with subsection (2)) list any aggravating or mitigating factors which, by virtue of any enactment or other rule of law, the court is required to take into account when considering the seriousness of the offence and any other aggravating or mitigating factors which the Council considers are relevant to such a consideration,

(b)list any other mitigating factors which the Council considers are relevant in mitigation of sentence for the offence, and

(c)include criteria, and provide guidance, for determining the weight to be given to previous convictions of the offender and such of the other factors within paragraph (a) or (b) as the Council considers to be of particular significance in relation to the offence or the offender.

(7)For the purposes of subsection (6)(b) the following are to be disregarded—

(a)the requirements of [F66section 73 of the Sentencing Code] (reduction in sentences for guilty pleas);

(b)[F67sections 74, 387 and 388 of the Sentencing Code] (assistance by defendants: reduction or review of sentence) and any other rule of law by virtue of which an offender may receive a discounted sentence in consequence of assistance given (or offered to be given) by the offender to the prosecutor or investigator of an offence;

(c)any rule of law as to the totality of sentences.

(8)The provision made in accordance with subsection (6)(c) should be framed in such manner as the Council considers most appropriate for the purpose of assisting the court, when sentencing an offender for the offence, to determine the appropriate sentence within the offence range.

(9)The provision made in accordance with subsections (2) to (8) may be different for different circumstances or cases involving the offence.

(10)The sentencing starting point in the offence range—

(a)for a category of case described in the guidelines in accordance with subsection (2), is the sentence within that range which the Council considers to be the appropriate starting point for cases within that category—

(i)before taking account of the factors mentioned in subsection (6), and

(ii)assuming the offender has pleaded not guilty, and

(b)where the guidelines do not describe categories of case in accordance with subsection (2), is the sentence within that range which the Council considers to be the appropriate starting point for the offence—

(i)before taking account of the factors mentioned in subsection (6), and

(ii)assuming the offender has pleaded not guilty.

Textual Amendments

Commencement Information

I121S. 121 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 8

122Allocation guidelinesE+W

(1)In this Chapter “allocation guidelines” means guidelines relating to

[F68(a)]decisions by a magistrates' court under section 19 of the Magistrates' Courts Act 1980 (c. 43) F69... as to whether an offence is more suitable for summary trial or trial on indictment

[F70(b)decisions by the Crown Court as to whether to exercise the power in section 46ZA(1) of the Senior Courts Act 1981 or section 25A(2) of the Sentencing Code.]

(2)The Council may prepare allocation guidelines.

(3)Where the Council has prepared guidelines under subsection (2), it must publish them as draft guidelines.

(4)The Council must consult the following persons about the draft guidelines—

(a)the Lord Chancellor;

(b)such persons as the Lord Chancellor may direct;

(c)the Justice Select Committee of the House of Commons (or, if there ceases to be a committee of that name, such committee of the House of Commons as the Lord Chancellor directs);

(d)such other persons as the Council considers appropriate.

(5)The Council may, after making any amendment of the draft guidelines which it considers appropriate, issue the guidelines as definitive guidelines.

(6)The Council may, from time to time, review the allocation guidelines issued under this section, and may revise them.

(7)Subsections (3) to (5) apply to a revision of the guidelines as they apply to their preparation.

(8)When exercising functions under this section, the Council must have regard to—

(a)the need to promote consistency in decisions of the kind mentioned in subsection (1), and

(b)the results of the monitoring carried out under section 128.

Textual Amendments

F68Words in s. 122(1) renumbered as s. 122(1)(a) (28.4.2022) by Judicial Review and Courts Act 2022 (c. 35), s. 51(1), Sch. 2 para. 13(a)

F69Words in s. 122(1)(a) omitted (28.4.2022) by virtue of Judicial Review and Courts Act 2022 (c. 35), s. 51(1), Sch. 2 para. 13(b)

Commencement Information

I122S. 122 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 8

123Preparation or revision of guidelines in urgent casesE+W

(1)This section applies where the Council—

(a)decides to prepare or revise sentencing guidelines or allocation guidelines, and

(b)is of the opinion that the urgency of the case makes it impractical to comply with the procedural requirements of section 120 or (as the case may be) section 122.

(2)The Council may prepare or revise the guidelines without complying with—

(a)in the case of sentencing guidelines, section 120(5), and

(b)in the case of allocation guidelines, section 122(3).

(3)The Council may—

(a)in the case of sentencing guidelines, amend and issue the guidelines under section 120(7) or (8) without having complied with the requirements of section 120(6)(b) to (d), and

(b)in the case of allocation guidelines, amend and issue the guidelines under section 122(5) without having complied with the requirements of section 122(4)(b) to (d).

(4)The guidelines or revised guidelines must—

(a)state that the Council was of the opinion mentioned in subsection (1)(b), and

(b)give the Council's reasons for that opinion.

Commencement Information

I123S. 123 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 8

124Proposals by Lord Chancellor or Court of AppealE+W

(1)The Lord Chancellor may propose to the Council—

(a)that sentencing guidelines be prepared or revised by the Council under section 120—

(i)in relation to a particular offence, particular category of offence or particular category of offenders, or

(ii)in relation to a particular matter affecting sentencing;

(b)that allocation guidelines be prepared or revised by the Council under section 122.

(2)Subsection (3) applies where the criminal division of the Court of Appeal (“the appeal court”) is seised of an appeal against, or a reference under section 36 of the Criminal Justice Act 1988 (c. 33) (reviews of sentencing) with respect to, the sentence passed for an offence (“the relevant offence”).

(3)The appeal court may propose to the Council that sentencing guidelines be prepared or revised by the Council under section 120—

(a)in relation to the relevant offence, or

(b)in relation to a category of offences within which the relevant offence falls.

(4)A proposal under subsection (3) may be included in the appeal court's judgment in the appeal.

(5)If the Council receives a proposal under subsection (1) or (3) to prepare or revise any guidelines, it must consider whether to do so.

(6)For the purposes of this section, the appeal court is seised of an appeal against a sentence if—

(a)the court or a single judge has granted leave to appeal against the sentence under section 9 or 10 of the Criminal Appeal Act 1968 (c. 19) (appeals against sentence), or

(b)in a case where the judge who passed the sentence granted a certificate of fitness for appeal under section 9 or 10 of that Act, notice of appeal has been given,

and the appeal has not been abandoned or disposed of.

(7)For the purposes of this section, the appeal court is seised of a reference under section 36 of the Criminal Justice Act 1988 (reviews of sentencing) if it has given leave under subsection (1) of that section and the reference has not been disposed of.

(8)This section is without prejudice to any power of the appeal court to provide guidance relating to the sentencing of offenders in a judgment of the court.

Commencement Information

I124S. 124 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 8

Duties of the courtE+W

F71125Sentencing guidelines: duty of courtE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F72126Determination of tariffs etcE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Other functions of the CouncilE+W

127Resource implications of guidelinesE+W

(1)This section applies where the Council—

(a)publishes draft guidelines under section 120 or 122, or

(b)issues guidelines as definitive guidelines under either of those sections.

(2)The Council must publish a resource assessment in respect of the guidelines.

(3)A resource assessment in respect of any guidelines is an assessment by the Council of the likely effect of the guidelines on—

(a)the resources required for the provision of prison places,

(b)the resources required for probation provision, and

(c)the resources required for the provision of youth justice services.

(4)The resources assessment must be published—

(a)in a case within subsection (1)(a), at the time of publication of the draft guidelines;

(b)in a case within subsection (1)(b), at the time the guidelines are issued or, where the guidelines are issued by virtue of section 123, as soon as reasonably practicable after the guidelines are issued.

(5)The Council must keep under review any resource assessment published under this section, and, if the assessment is found to be inaccurate in a material respect, publish a revised resource assessment.

Commencement Information

I125S. 127 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 8

128MonitoringE+W

(1)The Council must—

(a)monitor the operation and effect of its sentencing guidelines, and

(b)consider what conclusions can be drawn from the information obtained by virtue of paragraph (a).

(2)The Council must, in particular, discharge its duty under subsection (1)(a) with a view to drawing conclusions about—

(a)the frequency with which, and extent to which, courts depart from sentencing guidelines;

(b)the factors which influence the sentences imposed by courts;

(c)the effect of the guidelines on the promotion of consistency in sentencing;

(d)the effect of the guidelines on the promotion of public confidence in the criminal justice system.

(3)When reporting on the exercise of its functions under this section in its annual report for a financial year, the Council must include—

(a)a summary of the information obtained under subsection (1)(a), and

(b)a report of any conclusions drawn by the Council under subsection (1)(b).

Commencement Information

I126S. 128 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 8

129Promoting awarenessE+W

(1)The Council must publish, at such intervals as it considers appropriate—

(a)in relation to each local justice area, information regarding the sentencing practice of the magistrates' courts acting in that area, and

(b)in relation to each location at which the Crown Court sits, information regarding the sentencing practice of the Crown Court when it sits at that location.

(2)The Council may promote awareness of matters relating to the sentencing of offenders by courts in England and Wales, including, in particular—

(a)the sentences imposed by courts in England and Wales;

(b)the cost of different sentences and their relative effectiveness in preventing re-offending;

(c)the operation and effect of guidelines under this Chapter.

(3)For the purposes of subsection (2), the Council may, in particular, publish any information obtained or produced by it in connection with its functions under section 128(1).

Commencement Information

I127S. 129 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 8

130Resources: effect of sentencing practiceE+W

(1)The annual report for a financial year must contain a sentencing factors report.

(2)A sentencing factors report is an assessment made by the Council, using the information available to it, of the effect which any changes in the sentencing practice of courts are having or are likely to have on each of the following—

(a)the resources required for the provision of prison places;

(b)the resources required for probation provision;

(c)the resources required for the provision of youth justice services.

Commencement Information

I128S. 130 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 8

131Resources: effect of factors not related to sentencingE+W

(1)The annual report for a financial year must contain a non-sentencing factors report.

(2)The Council may, at any other time, provide the Lord Chancellor with a non-sentencing factors report, and may publish that report.

(3)A non-sentencing factors report is a report by the Council of any significant quantitative effect (or any significant change in quantitative effect) which non-sentencing factors are having or are likely to have on the resources needed or available for giving effect to sentences imposed by courts in England and Wales.

(4)Non-sentencing factors are factors which do not relate to the sentencing practice of the courts, and include—

(a)the recalling of persons to prison;

(b)breaches of orders within subsection (5);

(c)patterns of re-offending;

(d)decisions or recommendations for release made by the Parole Board;

(e)the early release under discretionary powers of persons detained in prison;

(f)the remanding of persons in custody.

(5)The orders within this subsection are—

(a)community orders (within [F73the meaning given by section 200 of the Sentencing Code]),

(b)suspended sentence orders (within [F74the meaning given by section 286 of that Code]), and

(c)youth rehabilitation orders (within [F75the meaning given by section 173 of that Code]).

Textual Amendments

F73Words in s. 131(5)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 279(a) (with Sch. 27); S.I. 2020/1236, reg. 2

F74Words in s. 131(5)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 279(b) (with Sch. 27); S.I. 2020/1236, reg. 2

F75Words in s. 131(5)(c) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 279(c) (with Sch. 27); S.I. 2020/1236, reg. 2

Commencement Information

I129S. 131 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 8

132Duty to assess impact of policy and legislative proposalsE+W

(1)This section applies where the Lord Chancellor refers to the Council any government policy proposal, or government proposal for legislation, which the Lord Chancellor considers may have a significant effect on one or more of the following—

(a)the resources required for the provision of prison places;

(b)the resources required for probation provision;

(c)the resources required for the provision of youth justice services.

(2)For the purposes of subsection (1)—

(3)The Council must assess the likely effect of the proposal on the matters mentioned in paragraphs (a) to (c) of subsection (1).

(4)The Council must prepare a report of the assessment and send the report—

(a)to the Lord Chancellor, and

(b)if the report relates to a proposal of the Welsh Ministers, to the Welsh Ministers.

(5)A single report may be prepared of the assessments relating to 2 or more proposals.

(6)If the Lord Chancellor receives a report under subsection (4) the Lord Chancellor must, unless it relates only to a proposal of the Welsh Ministers, lay a copy of it before each House of Parliament.

(7)If the Welsh Ministers receive a report under subsection (4) they must lay a copy of it before the National Assembly for Wales.

(8)The Council must publish a report which has been laid in accordance with subsections (6) and (7).

(9)In this section “legislation” means—

(a)an Act of Parliament if, or to the extent that, it extends to England and Wales;

(b)subordinate legislation made under an Act of Parliament if, or to the extent that, the subordinate legislation extends to England and Wales;

(c)a Measure or Act of the National Assembly for Wales or subordinate legislation made under such a Measure or Act.

Commencement Information

I130S. 132 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 8

Lord Chancellor's functionsE+W

133Assistance by the Lord ChancellorE+W

The Lord Chancellor may provide the Council with such assistance as it requests in connection with the performance of its functions.

Commencement Information

I131S. 133 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 8

134Entrenchment of Lord Chancellor's functionsE+W

In Schedule 7 to the Constitutional Reform Act 2005 (c. 4) (protected functions of the Lord Chancellor), in Part A of paragraph 4—

(a)for the entry for the Criminal Justice Act 2003 (c. 44) substitute—

Criminal Justice Act 2003 (c. 44)

Section 174(4)

Section 269(6) and (7), and

(b)after the entry for the Tribunals, Courts and Enforcement Act 2007 (c. 15) insert—

Coroners and Justice Act 2009 (c. 25)

Section 119(1) and (2)

Section 120(6)

Section 122(4)

Section 124(1)

Section 131(2)

Section 132(1), (4) and (6)

Section 133

Schedule 15.

Commencement Information

I132S. 134 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 8

Miscellaneous and generalE+W

135Abolition of existing sentencing bodiesE+W

The following are abolished—

(a)the Sentencing Guidelines Council;

(b)the Sentencing Advisory Panel.

Commencement Information

I133S. 135 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 8

136Interpretation of this ChapterE+W

In this Chapter, except where the context otherwise requires—

Textual Amendments

Commencement Information

I134S. 136 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 8

Chapter 2E+WOther provisions relating to sentencing

Driving disqualificationE+W

137Extension of driving disqualificationE+W

Schedule 16 makes provision about the extension of disqualification for holding or obtaining a driving licence in certain circumstances.

Commencement Information

I135S. 137 in force at 13.4.2015 by S.I. 2015/819, art. 2(a)

Dangerous offendersE+W

F77138Dangerous offenders: terrorism offences (England and Wales)E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

139Dangerous offenders: terrorism offences (Northern Ireland)E+W

(1)Schedule 1 to the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)) (serious offences for purposes of Chapter 3 of Part 2 of that Order) is amended in accordance with subsections (2) to (4).

(2)After paragraph 25 insert—

25AThe Terrorism Act 2000 (c. 11)

25AAn offence under—

(3)After paragraph 26 insert—

26AThe Anti-terrorism, Crime and Security Act 2001 (c. 24)

26AAn offence under—

(4)After paragraph 31 insert—

31ZAThe Terrorism Act 2006 (c. 11)

31ZAAn offence under—

F78(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F78(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F78(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F78(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F78S. 139(5)-(8) omitted (12.4.2019) by virtue of Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 15 (with s. 25(5))

Commencement Information

I136S. 139 in force at 12.1.2010 by S.I. 2010/28, art. 2

Confiscation ordersE+W

140Appeals against certain confiscation orders (England and Wales)E+W

(1)The Criminal Appeal Act 1968 (c. 19) is amended in accordance with subsections (2) and (3).

(2)In section 11 (supplementary provisions as to appeal against sentence), after subsection (3) insert—

(3A)Where the Court of Appeal exercise their power under paragraph (a) of subsection (3) to quash a confiscation order, the Court may, instead of proceeding under paragraph (b) of that subsection, direct the Crown Court to proceed afresh under the relevant enactment.

(3B)When proceeding afresh pursuant to subsection (3A), the Crown Court shall comply with any directions the Court of Appeal may make.

(3C)The Court of Appeal shall exercise the power to give such directions so as to ensure that any confiscation order made in respect of the appellant by the Crown Court does not deal more severely with the appellant than the order quashed under subsection (3)(a).

(3D)For the purposes of this section—

(3)After that section insert—

11AQuashing of certain confiscation orders: supplementary

(1)This section applies where the Court of Appeal—

(a)quash a confiscation order under section 11(3)(a) (“the quashed order”), and

(b)under section 11(3A), direct the Crown Court to proceed afresh under the relevant enactment.

(2)Nothing in this section prevents any sum paid by the appellant pursuant to the quashed order being a sum which is recoverable from the Secretary of State as a debt owing to the appellant, but the Court of Appeal may direct that any such sum is not to be repaid until such time as the Crown Court makes a confiscation order, or decides not to make such an order, when proceeding afresh pursuant to section 11(3A).

(3)Nothing in this section prevents an amount which would otherwise fall to be repaid as a result of the order being quashed being set against an amount which the appellant is required to pay by virtue of a confiscation order made by the Crown Court in those proceedings.

(4)In this section “confiscation order” and “relevant enactment” have the same meaning as in section 11(3D).

Commencement Information

I137S. 140 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 10

141Appeals against certain confiscation orders (Northern Ireland)E+W

(1)The Criminal Appeal (Northern Ireland) Act 1980 (c. 47) is amended in accordance with subsections (2) and (3).

(2)In section 10 (supplementary provisions as to appeals against sentence), after subsection (3) insert—

(3A)Where the Court of Appeal exercises its power under subsection (3) to quash a confiscation order, the Court may, instead of passing a sentence in substitution for that order, direct the Crown Court to proceed afresh under the relevant enactment.

(3B)When proceeding afresh pursuant to subsection (3A), the Crown Court shall comply with any directions the Court of Appeal may make.

(3C)For the purposes of this section—

(3)After that section insert—

10AQuashing of certain confiscation orders: supplementary

(1)This section applies where the Court of Appeal—

(a)quashes a confiscation order under section 10(3) (“the quashed order”), and

(b)under section 10(3A), directs the Crown Court to proceed afresh under the relevant enactment.

(2)Nothing in this section prevents any sum paid by the appellant pursuant to the quashed order being a sum which is recoverable from the Secretary of State as a debt owing to the appellant, but the Court of Appeal may direct that any sum is not to be repaid until such time as the Crown Court makes a confiscation order, or decides not to make such an order, when proceeding afresh pursuant to section 10(3A).

(3)Nothing in this section prevents an amount which would otherwise fall to be repaid as a result of the order being quashed being set against an amount which the appellant is required to pay by virtue of a confiscation order made by the Crown Court in those proceedings.

(4)In this section “confiscation order” and “relevant enactment” have the same meaning as in section 10(3C).

Commencement Information

I138S. 141 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 11

Part 5 U.K.Miscellaneous criminal justice provisions

142Commissioner for Victims and WitnessesE+W

(1)Part 3 of the Domestic Violence, Crime and Victims Act 2004 (c. 28) (victims etc) is amended as follows.

(2)In section 48 (the Commissioner for Victims and Witnesses)—

(a)omit subsections (3) to (5) (establishment of corporation sole, no Crown status etc), and

(b)for subsection (6) substitute—

(6)The Secretary of State may pay to, or in respect of, the Commissioner amounts—

(a)by way of remuneration, pensions, allowances or gratuities, or

(b)by way of provision for any such benefits.

(7)The Secretary of State may pay sums in respect of the expenses of the Commissioner.

(3)In section 49 (general functions of Commissioner)—

(a)omit subsection (2)(d) (carrying out of research),

(b)omit subsection (3)(b) (laying of reports before Parliament), and

(c)at the end add—

(4)The Commissioner must prepare in respect of each calendar year a report on the carrying out of the functions of the Commissioner during the year.

(5)The Commissioner must send a copy of each report prepared under subsection (4) to—

(a)the Secretary of State for Justice,

(b)the Attorney General, and

(c)the Secretary of State for the Home Department.

(6)Reports under subsection (2)(b) or (4) must be published by the Commissioner.

(7)If section 48 comes into force after the beginning of a calendar year, the first report under subsection (4) may relate to a period beginning with the day on which that section comes into force and ending with the end of the next calendar year.

(4)Omit section 50(2) (advice to authorities within Commissioner's remit).

F79(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Omit Schedule 8 (supplementary provision about the Commissioner for Victims and Witnesses).

Textual Amendments

Commencement Information

I139S. 142 in force at 1.2.2010 by S.I. 2010/145, art. 2(1)(a)

143Implementation of E-Commerce and Services directives: penaltiesU.K.

(1)Paragraph 1(1)(d) of Schedule 2 to the European Communities Act 1972 (c. 68) (limitation on penalty which can be imposed for a criminal offence) does not apply in relation to the exercise of the powers conferred by section 2(2) of that Act (implementation of EU obligations etc) for the purpose of implementing—

(a)Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services in particular electronic commerce in the Internal Market (Directive on electronic commerce), or

(b)Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market.

(2)Where a statutory instrument includes provision by virtue of subsection (1)—

(a)if paragraph 2 of Schedule 2 to the European Communities Act 1972 (c. 68) applies to the instrument, sub-paragraph (2) of that paragraph has effect as if it required a draft of the instrument to be approved by resolution of each House of Parliament or, in the case of an instrument made by the Scottish Ministers, of the Scottish Parliament;

(b)if section 59(3) of the Government of Wales Act 2006 (c. 32) applies to the instrument, that provision has effect as if it required a draft of the instrument to be approved by resolution of the National Assembly for Wales.

(3)Where a statutory rule to which paragraph 3 of Schedule 2 to the European Communities Act 1972 applies includes provision by virtue of subsection (1), that paragraph has effect as if it required a draft of the rule to be approved by resolution of the Northern Ireland Assembly.

144Treatment of convictions in other member States etcE+W

Schedule 17 contains—

(a)amendments relating to the treatment of criminal convictions imposed by courts outside England and Wales, and

(b)amendments relating to the treatment of criminal convictions imposed by courts outside Northern Ireland.

Commencement Information

I140S. 144 in force at 15.8.2010 for specified purposes by S.I. 2010/1858, art. 3(a)

I141S. 144 in force at 18.4.2011 for specified purposes for N.I. by S.R. 2011/182, art. 2(b)

I142S. 144 in force at 28.5.2013 for specified purposes by S.I. 2013/1104, art. 2(a)

F80145Transfer to Parole Board of functions under the Criminal Justice Act 1991E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

146Retention of knives surrendered or seized (England and Wales)E+W

(1)The Courts Act 2003 (c. 39) is amended as follows.

(2)In section 55 (powers to retain articles surrendered or seized), after subsection (3) add—

(4)This section is subject to section 55A.

(3)After section 55 insert—

55ARetention of knives surrendered or seized

(1)This section applies where a knife is surrendered to a court security officer in response to a request under section 54(1) or seized by a court security officer under section 54(2).

(2)Section 55 does not apply.

(3)The knife must be retained in accordance with regulations under subsection (5), unless returned or disposed of in accordance with those regulations or regulations made under section 56.

(4)If a court security officer reasonably believes that a retained knife may be evidence of, or in relation to, an offence, nothing in subsection (3) prevents the officer retaining the knife for so long as necessary to enable the court security officer to draw it to the attention of a constable.

(5)Without prejudice to the generality of section 56, the Lord Chancellor must by regulations make provision as to—

(a)the procedure to be followed when a knife is retained under this section;

(b)the making of requests by eligible persons for the return of knives so retained;

(c)the procedure to be followed when returning a knife pursuant to a request made in accordance with the regulations.

(6)For the purposes of this section—

(4)In section 56(2)(a), after “section 55” insert “ or section 55A ”.

Commencement Information

I143S. 146 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 9

147Retention of knives surrendered or seized (Northern Ireland)E+W

(1)Schedule 3 to the Justice (Northern Ireland) Act 2004 (c. 4) (court security) is amended in accordance with subsections (2) to (4).

(2)In paragraph 5 (power to retain articles surrendered or seized), after sub-paragraph (3) add—

(4)This paragraph is subject to paragraph 5A.

(3)After paragraph 5 insert—

5ARetention of knives surrendered or seized

(1)This paragraph applies where a knife is surrendered to a court security officer in response to a request under paragraph 4(1) or seized by a court security officer under paragraph 4(2).

(2)Paragraph 5 does not apply.

(3)The knife must be retained in accordance with regulations under sub-paragraph (5), unless returned or disposed of in accordance with those regulations or regulations made under paragraph 6.

(4)If a court security officer reasonably believes that a retained knife may be evidence of, or in relation to, an offence, nothing in sub-paragraph (3) prevents the officer retaining the knife for so long as necessary to enable the court security officer to draw it to the attention of a constable.

(5)Without prejudice to the generality of paragraph 6, the Lord Chancellor must by regulations make provision as to—

(a)the procedure to be followed when a knife is retained under this paragraph;

(b)the making of requests by eligible persons for the return of knives so retained;

(c)the procedure to be followed when returning a knife pursuant to a request made in accordance with the regulations.

(6)For the purposes of this paragraph—

(4)In paragraph 6(2)(a), after “paragraph 5” insert “ or paragraph 5A ”.

(5)In section 21(3) of the Justice (Northern Ireland) Act 2004 (c. 4) (orders and regulations subject to annulment in pursuance of resolution of either House of Parliament) after “1(4)” insert “ , 5A(5) ”.

Commencement Information

I144S. 147 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 10

148Security in tribunal buildingsE+W

(1)The Lord Chancellor may, by order—

(a)authorise or require the Lord Chancellor, or such other person as may be specified, to designate persons as security officers in relation to a specified description of tribunal buildings;

(b)provide that Part 4 (other than section 51(1)) of the Courts Act 2003 (c. 39) (provisions relating to court security) applies in relation to a specified description of tribunal buildings and security officers designated in relation to tribunal buildings of that description as it applies to court buildings and court security officers, subject to such modifications as may be specified.

(2)The provision which may be included in an order under subsection (1) by virtue of section 176 (power to make consequential provision etc) includes provision modifying any provision made by or under an Act (whenever passed or made).

(3)In this section—

Commencement Information

I145S. 148 in force at 18.11.2013 by S.I. 2013/2908, art. 2

Part 6 E+WLegal aid and other payments for legal services

Community Legal ServiceE+W

F81149Community Legal Service: pilot schemesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F81150Excluded services: help in connection with business mattersE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Criminal Defence ServiceE+W

F81151Criminal Defence Service: information requestsE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F81152Criminal Defence Service: enforcement of order to pay cost of representationE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

GeneralE+W

F81153Statutory instruments relating to the Legal Services CommissionE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulation of certain agreementsE+W

154Damages-based agreements relating to employment mattersE+W

(1)The Courts and Legal Services Act 1990 (c. 41) is amended as follows.

(2)After section 58A insert—

58AADamages-based agreements relating to employment matters

(1)A damages-based agreement which relates to an employment matter and satisfies the conditions in subsection (4) is not unenforceable by reason only of its being a damages-based agreement.

(2)But a damages-based agreement which relates to an employment matter and does not satisfy those conditions is unenforceable.

(3)For the purposes of this section—

(a)a damages-based agreement is an agreement between a person providing advocacy services, litigation services or claims management services and the recipient of those services which provides that—

(i)the recipient is to make a payment to the person providing the services if the recipient obtains a specified financial benefit in connection with the matter in relation to which the services are provided, and

(ii)the amount of that payment is to be determined by reference to the amount of the financial benefit obtained;

(b)a damages-based agreement relates to an employment matter if the matter in relation to which the services are provided is a matter that is, or could become, the subject of proceedings before an employment tribunal.

(4)The agreement—

(a)must be in writing;

(b)must not provide for a payment above a prescribed amount or for a payment above an amount calculated in a prescribed manner;

(c)must comply with such other requirements as to its terms and conditions as are prescribed; and

(d)must be made only after the person providing services under the agreement has provided prescribed information.

(5)Regulations under subsection (4) are to be made by the Lord Chancellor and may make different provision in relation to different descriptions of agreements.

(6)Before making regulations under subsection (4) the Lord Chancellor must consult—

(a)the designated judges,

(b)the General Council of the Bar,

(c)the Law Society, and

(d)such other bodies as the Lord Chancellor considers appropriate.

(7)In this section—

(8)Nothing in this section applies to an agreement entered into before the coming into force of the first regulations made under subsection (4).

(3)In section 120(4) (regulations and orders) after “58(4),” insert “ 58AA ”.

Part 7 U.K.Criminal memoirs etc

Exploitation proceeds ordersU.K.

155Exploitation proceeds ordersU.K.

(1)A court may make an exploitation proceeds order in respect of a person if it is satisfied, on the balance of probabilities, that the person—

(a)is a qualifying offender, and

(b)has obtained exploitation proceeds from a relevant offence.

(2)An exploitation proceeds order is an order which requires the respondent to pay an amount (“the recoverable amount”) in respect of exploitation proceeds obtained by the respondent from a relevant offence to the enforcement authority which applied for the order.

(3)A person obtains exploitation proceeds from a relevant offence if the person derives a benefit from—

(a)the exploitation of any material pertaining to the relevant offence, or

(b)any steps taken or to be taken with a view to such exploitation.

(4)An exploitation proceeds order must—

(a)specify the recoverable amount, and

(b)identify the benefits derived by the respondent in respect of which it is made.

(5)The power conferred by subsection (1) is subject to sections 161 and 163.

(6)If the recoverable amount required to be paid by the respondent under an exploitation proceeds order (or any part of that amount) is not paid when it is required to be paid, the respondent must pay interest at the appropriate rate on the recoverable amount (or part) for the period for which it remains unpaid.

(7)Any sum received by an enforcement authority pursuant to an exploitation proceeds order (including any interest under subsection (6)) must be paid—

(a)if the authority is the Scottish Ministers, into the Scottish Consolidated Fund;

(b)in any other case, into the Consolidated Fund.

(8)In this section—

Commencement Information

I146S. 155 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 11

156Qualifying offendersU.K.

(1)In this Part “qualifying offender” means a person who is within subsection (2) or (3) (or both).

(2)A person is within this subsection if (whether before or after the commencement of this Part) the person—

(a)has been convicted by a court in the United Kingdom of an offence,

(b)has been found not guilty by such a court of an offence by reason of insanity, [F82or]

[F83(ba)has been acquitted by such a court of an offence by reason of the special defence set out in section 51A of the Criminal Procedure (Scotland) Act 1995 (c.46), or]

(c)has been found by such a court to be under a disability and to have done the act charged in respect of an offence.

(3)A person is within this subsection if—

(a)under the law in force in a country outside the United Kingdom (and whether before or after the commencement of this Part)—

(i)the person has been convicted of a foreign offence,

(ii)a court exercising jurisdiction under that law has made, in respect of a foreign offence, a finding equivalent to a finding that the person was not guilty by reason of insanity, [F84or]

[F85(iia)such a court has made, in respect of a foreign offence, a finding equivalent to a finding of the person's acquittal by reason of the special defence set out in section 51A of the Criminal Procedure (Scotland) Act 1995, or]

(iii)such a court has made, in respect of a foreign offence, a finding equivalent to a finding that the person was under a disability and did the act charged in respect of the offence, and

(b)the person—

(i)is a United Kingdom national,

(ii)is resident in the United Kingdom, or

(iii)was resident in the United Kingdom at the time the act which constituted the offence was done.

(4)In subsection (3)—

(5)For the purposes of subsection (4), conduct punishable under the law in force in a country outside the United Kingdom constitutes an offence under that law however it is described in that law.

(6)In this section a reference to the doing of an act includes a reference to a failure to act.

Textual Amendments

F82Word in s. 156(2) repealed (S.) (with application in accordance with art. 3 of the commencing S.S.I.) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), sch. 7 para. 87(a)(i); S.S.I. 2012/160, art. 3, sch.

F83S. 156(2)(ba) inserted (S.) (with application in accordance with art. 3 of the commencing S.S.I.) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), sch. 7 para. 87(a)(ii); S.S.I. 2012/160, art. 3, sch.

F84Word in s. 156(3)(a) repealed (S.) (with application in accordance with art. 3 of the commencing S.S.I.) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), sch. 7 para. 87(b)(i); S.S.I. 2012/160, art. 3, sch.

F85S. 156(3)(a)(iia) inserted (S.) (with application in accordance with art. 3 of the commencing S.S.I.) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), sch. 7 para. 87(b)(ii); S.S.I. 2012/160, art. 3, sch.

Commencement Information

I147S. 156 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 11

157Qualifying offenders: service offencesU.K.

(1)In subsection (2) of section 156—

(a)a reference to a person who has been convicted by a court in the United Kingdom of an offence includes a reference to a person who has been convicted of a UK service offence;

(b)a reference to a finding by a court in the United Kingdom in relation to an offence includes a reference to a finding by a UK service court (wherever situated) in relation to a UK service offence.

(2)In subsection (3) of that section—

(a)a reference to a foreign offence includes a foreign service offence;

(b)a reference to a person who has been convicted of a foreign offence includes a reference to a person who has been found guilty of a foreign service offence in respect of any act done which was the subject of proceedings under the service law of a country outside the United Kingdom;

(c)a reference to a finding of a court exercising jurisdiction under the law in force in a country outside the United Kingdom includes a reference to a finding of—

(i)a court established under the service law of that country, or

(ii)an authority of the country who under the law of the country is empowered to review the proceedings of such a court or to try or investigate charges brought against persons subject to the service law of that country.

(3)For the purposes of subsection (1) the reference to a person who has been convicted of a UK service offence includes a person in respect of whom there has been—

(a)under the Army Act 1955 (3 & 4 Eliz. 2 c. 18) or the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19), the recording of a finding that a charge in respect of the offence has been proved;

(b)under the Naval Discipline Act 1957 (c. 53), a determination that a charge in respect of the offence has been proved, and the recording of a finding of guilt;

(c)under the Armed Forces Act 2006 (c. 52), the recording of a finding that a charge in respect of the offence has been proved;

(d)a substitution, by the Summary Appeal Court established under any of the Acts mentioned in paragraphs (a) to (c), of a finding that a charge in respect of the offence has been proved;

(e)a substitution by the Courts-Martial Appeal Court or the Court Martial Appeal Court of a finding of guilty of the offence.

(4)In this section—

and a reference to the doing of an act includes a reference to a failure to act.

Commencement Information

I148S. 157 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 11

158Qualifying offenders: supplementaryU.K.

(1)In section 7 of the Rehabilitation of Offenders Act 1974 (c. 53) (limitations on rehabilitation under the 1974 Act, etc), in subsection (2), at the end add “or

(h)in any proceedings brought under Part 7 of the Coroners and Justice Act 2009 (criminal memoirs etc).

(2)In Article 8 of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27)) (limitations on rehabilitation under the 1978 Order etc), in paragraph (2), at the end add “or

(g)in any proceedings brought under Part 7 of the Coroners and Justice Act 2009 (criminal memoirs etc).

(3)For the purposes of this Part, the following provisions do not apply to a conviction for an offence in respect of which an order for an absolute or conditional discharge is made—

(a)[F86section 82(2) of the Sentencing Code] (conviction with absolute or conditional discharge deemed not to be a conviction);

(b)Article 6(1) of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) (conviction with absolute or conditional discharge deemed not to be a conviction);

(c)section 247(1) and (2) of the Criminal Procedure (Scotland) Act 1995 (c. 46) (effect of probation and absolute discharge);

(d)section 187(1) of the Armed Forces Act 2006 (c. 52) (conviction with absolute or conditional discharge deemed not to be a conviction);

(e)paragraph 5(1) of Schedule 5A to the Army Act 1955 (3 & 4 Eliz. 2 c. 18) or the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or Schedule 4A to the Naval Discipline Act 1957 (c. 53) (conviction with absolute or conditional discharge or community suspension order deemed not to be a conviction).

Textual Amendments

Commencement Information

I149S. 158(1)(2) in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 11

I150S. 158(3) in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 11

159Relevant offencesU.K.

(1)In this Part “relevant offence”, in relation to a person (“P”), means—

(a)a serious offence by reason of which P is a qualifying offender,

(b)a serious offence which was taken into consideration by a court in determining the sentence imposed on P for an offence by reason of which P is a qualifying offender, or

(c)a serious offence committed by another person which is associated with—

(i)an offence by reason of which P is a qualifying offender, or

(ii)an offence which was taken into consideration by a court in determining the sentence imposed on P for such an offence.

(2)For this purpose an offence is “serious” if—

(a)in the case of an offence under the law of England and Wales, it is an offence which, if committed by an adult, is triable only on indictment,

(b)in the case of an offence under the law of Scotland, it is an offence triable only on indictment,

(c)in the case of an offence under the law of Northern Ireland, it is an offence which, if committed by an adult, is triable only on indictment,

(d)in the case of a foreign offence, the act constituting the offence—

(i)at the time it was done, would have constituted an offence within paragraph (a), (b) or (c) if it had been done in any part of the United Kingdom, and

(ii)would also constitute such an offence if it were done in any part of the United Kingdom at the time the application for an exploitation proceeds order is made in respect of it.

(3)Two offences are associated with one another if—

(a)they were committed in the context of the same joint criminal venture, or

(b)subsection (4) applies.

(4)This subsection applies if one of the offences is—

(a)an offence of inciting the commission of the other offence;

(b)an offence of conspiring to commit the other offence;

(c)an offence under section 44, 45 or 46 of the Serious Crime Act 2007 (c. 27) (offences relating to encouraging or assisting an offence) in relation to the other offence;

(d)an offence of soliciting (however expressed) the commission of the other offence;

(e)an offence under section 4 of the Criminal Law Act 1967 (c. 58) (assisting the evasion of arrest and concealment) in relation to the other offence;

(f)an offence of perverting the course of justice in connection with the other offence;

(g)an offence under section 51 of the Criminal Justice and Public Order Act 1994 (c. 33) (intimidation of witnesses and jurors etc) in connection with the other offence.

(5)In subsection (1)—

(a)a reference to an offence includes a reference to a UK service offence and a foreign service offence, and

(b)the reference to a court includes a reference to a UK service court or a court or authority of the kind mentioned in section 157(2)(c)(i) or (ii).

(6)Subsection (2) does not apply in relation to a UK service offence or a foreign service offence, and for the purposes of subsection (1) such an offence is “serious” if—

(a)in the case of a UK service offence—

(i)the act constituting the offence is a serious offence within subsection (2)(a),

(ii)the act constituting the offence, if done in England and Wales, would be a serious offence within subsection (2)(a), or

(iii)the offence is within subsection (7);

(b)in the case of a foreign service offence, the act constituting the offence—

(i)at the time it was done, would have constituted a serious offence within subsection (2) or an offence within subsection (7) if it had been done in any part of the United Kingdom by a member of Her Majesty's forces, and

(ii)would also constitute such an offence if it were done in any part of the United Kingdom by a member of Her Majesty's forces at the time the application for an exploitation proceeds order is made in respect of it.

(7)An offence is within this subsection if it is an offence under—

(a)section 24(1) of the AA 1955 or of the AFA 1955, section 2(1) of the NDA 1957 or section 2(1) of the AFA 2006 (misconduct on operations),

(b)section 25 of the AA 1955 or of the AFA 1955, section 3 of the NDA 1957 or section 1 of the AFA 2006 (assisting an enemy),

(c)section 26(1) of the AA 1955 or of the AFA 1955, section 4(1) of the NDA 1957 or section 3 of the AFA 2006 (obstructing operations),

(d)section 30(a) or (b) of the AA 1955 or of the AFA 1955, section 5(a) or (b) of the NDA 1957 or section 4(1) or (2) of the AFA 2006 (looting),

(e)section 31 of the AA 1955 or of the AFA 1955, section 9 of the NDA 1957 or section 6 of the AFA 2006 (mutiny), or

(f)section 32 of the AA 1955 or of the AFA 1955, section 10 of the NDA 1957 or section 7 of the AFA 2006 (failure to suppress mutiny).

(8)In subsection (4), the offences listed in paragraphs (a) to (g) include—

(a)any corresponding offence triable by a court exercising jurisdiction in a country outside the United Kingdom,

(b)the corresponding offences triable by a UK service court, and

(c)any corresponding offence triable by any court or authority of the kind mentioned in section 157(2)(c)(i) or (ii).

(9)In this section—

Commencement Information

I151S. 159 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 11

160Deriving a benefitU.K.

(1)This section applies for the purposes of section 155(3).

(2)The exploitation may be by any means, including—

(a)the publication of any material in written or electronic form;

(b)the use of any media from which visual images, words or sounds can be produced;

(c)live entertainment, representation or interview.

(3)A person (“A”) is to be regarded as having derived a benefit if A secures the benefit for another person (“B”) (whether or not A had any legal right to ensure the benefit was so secured or B had any legal entitlement to the benefit).

(4)It does not matter whether the benefit is derived, or whether the exploitation (or any step taken or to be taken with a view to exploitation) takes place,—

(a)within or outside the United Kingdom, or

(b)before or after the person who committed the relevant offence is convicted of that offence.

(5)But—

(a)the benefit must be derived after the coming into force of section 155, and

(b)where the relevant offence is an offence within section 159(1)(c), the associated offence committed by the respondent must have been committed before the benefit was derived.

(6)In subsection (4)(b), the reference to conviction of the relevant offence includes a reference to a finding mentioned in section 156(2)(b) or (c) or (3)(a)(ii) or (iii) or 157(2)(b) or (3) in relation to the offence.

Commencement Information

I152S. 160 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 11

161ApplicationsU.K.

(1)A court may not make an exploitation proceeds order except on the application of an enforcement authority.

(2)Enforcement authority” means—

(a)in relation to an application to the High Court in England and Wales or to the High Court in Northern Ireland—

(i)the [F87National Crime Agency], or

(ii)a person prescribed or of a description prescribed by order made by the Secretary of State;

(b)in relation to an application to the Court of Session, the Scottish Ministers.

(3)An enforcement authority (other than the Scottish Ministers) may make such an application only with the consent of—

(a)in the case of an application to the High Court in England and Wales, the Attorney General;

(b)in the case of an application to the High Court in Northern Ireland, the Advocate General for Northern Ireland.

(4)The Secretary of State may by order make such modifications of any provision made by or under Part 8 of the Proceeds of Crime Act 2002 (c. 29) or any other enactment (whenever passed or made) as the Secretary of State considers appropriate in consequence of provision made by an order under subsection (2)(a)(ii).

(5)In subsection (4) “modification” includes an amendment, addition, revocation or repeal.

[F88(6)In the application of this section to Northern Ireland, in subsections (2)(a)(ii) and (4) references to the Secretary of State are to be read as references to the Department of Justice in Northern Ireland.]

Textual Amendments

F87Words in s. 161(2)(a)(i) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), ss. 15, 61, Sch. 8 para. 186; S.I. 2013/1682, art. 3(v)

Commencement Information

I153S. 161 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 11

Exercise of power to make ordersU.K.

162Determination of applicationsU.K.

(1)This section applies where the court to which an application for an exploitation proceeds order is made is satisfied as mentioned in section 155(1).

(2)When determining whether to make an exploitation proceeds order in respect of any benefit, or the recoverable amount to be specified in such an order, the court—

(a)must take account of the matters mentioned in subsection (3), and

(b)may take account of such other matters as it considers relevant.

(3)Those matters are—

(a)the nature and purpose of the exploitation from which (or intended exploitation in connection with which) the respondent derived the benefit;

(b)the degree to which the relevant material was (or was intended to be) integral to the activity or product and whether it was (or was intended to be) of central importance to the activity or product;

(c)the extent to which the carrying out of the activity or supplying of the product is in the public interest;

(d)the social, cultural or educational value of the activity or product;

(e)the seriousness of the relevant offence to which the activity or product relates;

(f)the extent to which any victim of the offence or the family of the victim is offended by the respondent obtaining exploitation proceeds from the relevant offence.

(4)In subsection (3) references to “activity” or “product” are to the activity or product which constituted (or was intended to constitute) the exploitation from which, or in connection with which, the respondent derived the benefit.

(5)Relevant material” means the material—

(a)which pertains to the relevant offence in relation to the respondent, and

(b)by reason of the exploitation of which (or steps taken or to be taken with a view to the exploitation of which) the respondent has derived the benefit.

Commencement Information

I154S. 162 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 11

163Limits on recoverable amountU.K.

(1)The recoverable amount specified in an order must not exceed whichever is the lesser of—

(a)the total value of the benefits identified in the order under section 155(4)(b), and

(b)the available amount.

(2)The recoverable amount may be a nominal amount.

(3)The benefits identified in the order—

(a)may include any benefit derived by the respondent up to the time the court makes its determination;

(b)must not include any benefit identified in a previous exploitation proceeds order made against the respondent;

(c)must not include any benefit in respect of which an enforcement authority has no cause of action under this Part by virtue of section 27C of the Limitation Act 1980 (c. 58), Article 72C of the Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (N.I. 11)) or section 19D of the Prescription and Limitation (Scotland) Act 1973 (c. 52) (limitation period for exploitation proceeds orders).

(4)The value of a benefit in kind derived by a person is the amount which, at the time that benefit was received, it would have cost that person to obtain the benefit in the open market less the total value of any consideration for that benefit provided by that person or, where that benefit was secured for another person, by that other person.

(5)If a benefit in kind cannot be obtained in the open market, the court is to determine a value to attribute to that benefit that is just and reasonable, taking into account any similar benefits available in the open market.

(6)Where a benefit derives only partly from the matters mentioned in section 155(3)(a) or (b), the value of the benefit derived from those matters is such proportion of the value of the benefit as the court considers it is just and reasonable to regard as attributable to those matters.

(7)In this section “the court” means the court making the exploitation proceeds order.

Commencement Information

I155S. 163 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 11

164The available amountU.K.

(1)The available amount is the total of—

(a)the value of the respondent's relevant assets,

(b)to the extent that any benefits identified in the order are benefits secured for a person other than the respondent, the value of those benefits, and

(c)the value (at the time the exploitation proceeds order is made) of such relevant gifts (if any) as the court considering making the exploitation proceeds order considers it just and reasonable to take account of in determining the available amount.

(2)The value of the respondent's relevant assets is the total of the values (at the time the exploitation proceeds order is made) of all the free property then held by the respondent, reduced by the total amount payable in pursuance of obligations which then have priority.

(3)Property is free unless an order or notice (as the case may be) is in force in respect of it under any of these provisions—

(a)section 27 of the Misuse of Drugs Act 1971 (c. 38) (forfeiture orders);

(b)Article 11 of the Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15)) (deprivation orders);

(c)Part 2 of the Proceeds of Crime (Scotland) Act 1995 (c. 43) (forfeiture of property used in crime);

(d)section 143 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) [F89or Chapter 4 of Part 7 of the Sentencing Code] (deprivation orders);

(e)section 23, 23A or 111 of the Terrorism Act 2000 (c. 11) (forfeiture orders);

(f)section 245A, 246, 255A, 256, 266, 295(2) or 298(2) of the Proceeds of Crime Act 2002 (c. 29) (freezing, interim receiving, prohibitory, interim administration, recovery, detention and forfeiture orders);

(g)section 297A of the Proceeds of Crime Act 2002 (c. 29) (forfeiture notices).

(4)An obligation has priority if it is an obligation of the respondent—

(a)to pay an amount due in respect of a fine or other order of a court which was imposed or made on conviction of an offence and at any time before the time the exploitation proceeds order is made, or

(b)to pay a sum which would be included among the preferential debts (or preferred debts) if the respondent's bankruptcy (or sequestration) had commenced on the date of the exploitation proceeds order or the respondent's winding up had been ordered on that date.

(5)If the respondent transfers property to another person for a consideration the value of which is significantly less than the value of the property at the time of the transfer, the respondent is to be treated as making a gift of the difference in value between the value of the property transferred and the consideration given in respect of it.

(6)In this section—

Textual Amendments

Commencement Information

I156S. 164 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 11

165PropertyU.K.

(1)This section applies for the purposes of this Part.

(2)Property is all property wherever situated and includes—

(a)money;

(b)all forms of real, corporeal or personal property;

(c)things in action and other intangible or incorporeal property.

(3)The following rules apply in relation to property—

(a)property is held by a person if the person holds an interest in it;

(b)property is transferred by one person to another if the first one transfers or grants an interest in it to the second;

(c)references to property held by a person include references to property vested in the person's trustee in bankruptcy, [F91trustee or interim trustee in a sequestration of the person’s estate under the Bankruptcy (Scotland) Act 2016] or liquidator;

(d)references to an interest, in relation to land in England and Wales or Northern Ireland, are to any legal estate or equitable interest or power;

(e)references to an interest, in relation to land in Scotland, are to any interest, servitude or other right in or over land, including a heritable security;

(f)references to an interest, in relation to property other than land, include references to a right (including a right in possession).

(4)Where property is held jointly the court considering making the exploitation proceeds order must determine such value as it considers just and reasonable to attribute to the person's interest in that property for the purposes of section 164.

Textual Amendments

Commencement Information

I157S. 165 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 11

Additional powersU.K.

166Effect of conviction being quashed etcU.K.

(1)Where an exploitation proceeds order has been made in respect of exploitation proceeds obtained by the respondent from a relevant offence, the order ceases to have effect if—

(a)the relevant offence is within paragraph (a) of section 159(1) and the respondent's conviction for it is subsequently quashed, or

(b)the relevant offence is within paragraph (b) or (c) of that section and the respondent's conviction for the offence (or, if more than one, all of the offences) by virtue of which the relevant offence is within either of those paragraphs is (or are) subsequently quashed.

(2)Where an exploitation proceeds order has been made in respect of exploitation proceeds obtained by the respondent from 2 or more relevant offences, the order ceases to have effect if paragraph (a) or (b) of subsection (1) applies in relation to each of those offences.

(3)Where an exploitation proceeds order ceases to have effect under subsection (1) or (2), the court must, on the application of the respondent (or the respondent's personal representative), order the Secretary of State to repay to the respondent (or the personal representative) the recovered amount.

(4)Subsection (5) applies where an exploitation proceeds order has been made if—

(a)where the order was made in respect of exploitation proceeds obtained by the respondent from 2 or more relevant offences, paragraph (a) or (b) of subsection (1) applies in relation to one or more, but not all, of those offences, or

(b)where the order was made in respect of exploitation proceeds obtained by the respondent from a relevant offence within section 159(1)(c) (whether alone or together with other relevant offences), another person has been convicted of that offence and that conviction is subsequently quashed.

(5)On the application of the respondent (or the respondent's personal representative), the court may—

(a)determine that the exploitation proceeds order is to cease to have effect, or

(b)reduce the recoverable amount by such amount (if any) as it considers just and reasonable.

(6)Where the exploitation proceeds order ceases to have effect under subsection (5)(a), the court must order the Secretary of State to repay to the respondent (or the respondent's personal representative) the recovered amount.

(7)Where the court reduces the recoverable amount under subsection (5)(b), if the recovered amount exceeds the reduced recoverable amount, the court must order the Secretary of State to repay to the respondent (or the respondent's personal representative) that excess.

(8)An order under subsection (3), (6) or (7) for the repayment of a sum must also order the Secretary of State to pay to the recipient interest on that sum, at a rate determined by the court, for the period which—

(a)begins with the day on which the respondent made the payment in accordance with the exploitation proceeds order, and

(b)ends with the day before the day on which that sum is repaid to the respondent or the respondent's personal representative.

(9)In the case of an exploitation proceeds order made on the application of the Scottish Ministers—

(a)references in this section to the Secretary of State are to be read as references to the Scottish Ministers, and

(b)the reference in subsection (8) to a rate determined by the court is to read as a reference to a rate set by rules of court.

[F92(9A)In the case of an exploitation proceeds order made in Northern Ireland on the application of an enforcement authority other than the [F93National Crime Agency], references in this section to the Secretary of State are to be read as references to the Department of Justice in Northern Ireland.]

(10)In this section—

(a)any reference to a conviction for an offence includes a reference to a finding, in relation to the offence, of the kind mentioned in section 156(2)(b) or (c) or (3)(a)(ii) or (iii) or section 157(2)(b) or (3), and

(b)any reference to a conviction for an offence being quashed includes a reference to—

(i)the reversal or setting aside of a conviction;

(ii)the substitution of a verdict of acquittal in relation to a finding of the kind mentioned in section 156(2)(b) or (c);

(iii)a finding of the kind mentioned in section 156(3)(a)(ii) or (iii) being quashed;

(iv)a finding of the kind mentioned in section 157(2)(b) or (3) being quashed, set aside, reversed or replaced with a verdict of acquittal.

(11)In this section—

167Powers of court on repeat applicationsU.K.

(1)This section applies if—

(a)a court makes an exploitation proceeds order (“the earlier order”) in respect of a person, and

(b)an application (“the later application”) is then made to the court for another exploitation proceeds order in respect of the same person.

(2)The court may, for the purposes of the later application, adopt any finding of fact made by the court in connection with the earlier order.

(3)Subsection (4) applies where, on the later application, the court is satisfied as mentioned in section 155(1).

(4)If, or to the extent that, the earlier order was in respect of benefits derived from the same source as the benefits to which the later application relates, the court must when making a determination under section 162 in relation to the later application, have regard to any determination made by it under that section in connection with the earlier order.

(5)For the purposes of subsection (4) benefits are from the same source if they consist of benefits derived by the respondent from (or from steps taken or to be taken with a view to) the same exploitation of material related to the same relevant offence.

Commencement Information

I159S. 167 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 11

168Additional proceeds reporting ordersU.K.

(1)A court making an exploitation proceeds order may also make an additional proceeds reporting order in respect of the respondent.

(2)But it may do so only if it is satisfied that the likelihood of the respondent obtaining further exploitation proceeds from a relevant offence is sufficiently high to justify the making of an additional proceeds reporting order.

(3)An additional proceeds reporting order—

(a)comes into force when it is made, and

(b)has effect for the period specified in the order, beginning with the date on which it is made.

(4)The period specified under subsection (3) must not exceed 20 years.

(5)Sections 79, 80(1) and (2) and 81 of the Serious Organised Crime and Police Act 2005 (c. 15) apply in relation to an additional proceeds reporting order under this section as they apply in relation to a financial reporting order under section 76, 77 or 78 of that Act.

(6)The person to whom reports are made under an additional proceeds reporting order may disclose a report to an enforcement authority for the purposes of—

(a)an exploitation proceeds investigation (within the meaning of section 341(5) of the Proceeds of Crime Act 2002 (c. 29)), or

(b)the making or pursuing of an application for, or the enforcement of, an exploitation proceeds order or an additional proceeds reporting order.

Commencement Information

I160S. 168 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 11

InvestigationsU.K.

169Exploitation proceeds investigationsU.K.

Part 8 of the Proceeds of Crime Act 2002 (c. 29) (investigations) is amended in accordance with Schedule 19.

Commencement Information

I161S. 169 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 11

F94170Functions of Serious Organised Crime AgencyU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

LimitationE+W

171LimitationE+W

(1)After section 27B of the Limitation Act 1980 (c. 58) insert—

27CActions for exploitation proceeds orders

(1)None of the time limits given in the preceding provisions of this Act applies to proceedings under Part 7 of the Coroners and Justice Act 2009 (criminal memoirs etc) for an exploitation proceeds order.

(2)Proceedings under that Part for such an order are not to be brought after the expiration of 6 years from the date on which the enforcement authority's cause of action accrued.

(3)Proceedings under that Part for such an order are brought when an application is made for the order.

(4)Where exploitation proceeds have been obtained by a person from a relevant offence, an enforcement authority's cause of action under that Part in respect of those proceeds accrues when the enforcement authority has actual knowledge that the proceeds have been obtained.

(5)Expressions used in this section and that Part have the same meaning in this section as in that Part.

(2)After Article 72B of the Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (N.I. 11)) insert—

72CActions for exploitation proceeds orders

(1)None of the time limits given in the preceding provisions of this Order applies to proceedings under Part 7 of the Coroners and Justice Act 2009 (criminal memoirs etc) for an exploitation proceeds order.

(2)Proceedings under that Part for such an order are not to be brought after the expiration of 6 years from the date on which the enforcement authority's cause of action accrued.

(3)Proceedings under that Part for such an order are brought when an application is made for the order.

(4)Where exploitation proceeds have been obtained by a person from a relevant offence, an enforcement authority's cause of action under that Part in respect of those proceeds accrues when the enforcement authority has actual knowledge that the proceeds have been obtained.

(5)Expressions used in this Article and that Part have the same meaning in this Article as in that Part.

(3)After section 19C of the Prescription and Limitation (Scotland) Act 1973 (c. 52) insert—

19DActions for exploitation proceeds orders

(1)None of the time limits given in the preceding provisions of this Act applies to proceedings under Part 7 of the Coroners and Justice Act 2009 (criminal memoirs etc) for an exploitation proceeds order.

(2)Proceedings under that Part for such an order are not to be brought after the expiration of 5 years from the date on which the enforcement authority's right of action accrued.

(3)Proceedings under that Part for such an order are brought when an application is made for the order.

(4)Where exploitation proceeds have been obtained by a person from a relevant offence, an enforcement authority's right of action under that Part in respect of those proceeds accrues when the enforcement authority has actual knowledge that the proceeds have been obtained.

(5)Expressions used in this section and that Part have the same meaning in this section as in that Part.

Commencement Information

I162S. 171 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 11

InterpretationU.K.

172Interpretation of this PartU.K.

In this Part—

Commencement Information

I163S. 172 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 11

Part 8 E+WData Protection Act 1998

173Assessment noticesE+W

After section 41 of the Data Protection Act 1998 (c. 29) insert—

41AAssessment notices

(1)The Commissioner may serve a data controller within subsection (2) with a notice (in this Act referred to as an “assessment notice”) for the purpose of enabling the Commissioner to determine whether the data controller has complied or is complying with the data protection principles.

(2)A data controller is within this subsection if the data controller is—

(a)a government department,

(b)a public authority designated for the purposes of this section by an order made by the Secretary of State, or

(c)a person of a description designated for the purposes of this section by such an order.

(3)An assessment notice is a notice which requires the data controller to do all or any of the following—

(a)permit the Commissioner to enter any specified premises;

(b)direct the Commissioner to any documents on the premises that are of a specified description;

(c)assist the Commissioner to view any information of a specified description that is capable of being viewed using equipment on the premises;