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http://www.legislation.gov.uk/ukpga/2009/25Coroners and Justice Act 2009An Act to amend the law relating to coroners, to investigation of deaths and to certification and registration of deaths; to amend the criminal law; to make provision about criminal justice and about dealing with offenders; to make provision about the Commissioner for Victims and Witnesses; to make provision relating to the security of court and other buildings; to make provision about legal aid and about payments for legal services provided in connection with employment matters; to make provision for payments to be made by offenders in respect of benefits derived from the exploitation of material pertaining to offences; to amend the Data Protection Act 1998; and for connected purposes.texttext/xmlenStatute Law Database2024-09-27Expert Participation2024-09-18 Coroners and Justice Act 2009s. 131(4)(d)Criminal Justice and Courts Act 2015Sch. 3 para. 16s. 95(1)Coroners and Justice Act 2009Sch. 17 para. 8The Criminal Justice (Amendment etc.) (EU Exit) Regulations 2019reg. 27reg. 31reg. 1(1) Coroners and Justice Act 20092009 c. 25An Act to amend the law relating to coroners, to investigation of deaths and to certification and registration of deaths; to amend the criminal law; to make provision about criminal justice and about dealing with offenders; to make provision about the Commissioner for Victims and Witnesses; to make provision relating to the security of court and other buildings; to make provision about legal aid and about payments for legal services provided in connection with employment matters; to make provision for payments to be made by offenders in respect of benefits derived from the exploitation of material pertaining to offences; to amend the Data Protection Act 1998; and for connected purposes.[12th November 2009]Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— Part 1 Coroners <Abbreviation Expansion="Et cetera" xml:lang="la">etc</Abbreviation>Chapter 1Investigations into deaths<Emphasis>Duty to investigate</Emphasis>Duty to investigate certain deaths11A 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.2This subsection applies if the coroner has reason to suspect that—athe deceased died a violent or unnatural death,bthe cause of death is unknown, orcthe deceased died while in custody or otherwise in state detention.3Subsection (1) is subject to sections 2 to 4.4A senior coroner who has reason to believe that—aa death has occurred in or near the coroner's area,bthe circumstances of the death are such that there should be an investigation into it, andcthe 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.5On 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.6The 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 3.7A senior coroner may make whatever enquiries seem necessary in order to decide—awhether the duty under subsection (1) arises;bwhether the power under subsection (4) arises.8This Chapter is subject to Schedule 10.<Emphasis>Investigation by other coroner</Emphasis>Request for other coroner to conduct investigation21A 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.2If 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.3Subsection (2) does not apply if a direction concerning the investigation is given under section 3 before coroner B agrees to conduct the investigation.4Subsection (2) is subject to—aany direction concerning the investigation that is given under section 3 after the agreement, andbsection 4.5A 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.Direction for other coroner to conduct investigation31The 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.2Where 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.3Subsection (2) is subject to—aany subsequent direction concerning the investigation that is given under this section, andbsection 4.4The Chief Coroner must give notice in writing of a direction under this section to coroner A.5A 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.<Emphasis>Discontinuance of investigation</Emphasis>Discontinuance where cause of death <Substitution ChangeId="key-2a51d63a918ca9b81b7fcb33df4710fb-1659695226226" CommentaryRef="key-2a51d63a918ca9b81b7fcb33df4710fb">becomes clear before inquest</Substitution> 41A senior coroner who is responsible for conducting an investigation under this Part into a person's death must discontinue the investigation if—athe coroner is satisfied that the cause of death has become clear in the course of the investigation,aaan inquest into the death has not yet begun, andbthe coroner thinks that it is not necessary to continue the investigation.2Subsection (1) does not apply if the coroner has reason to suspect that the deceased—adied a violent or unnatural death, orbdied while in custody or otherwise in state detention.3Where a senior coroner discontinues an investigation into a death under this section—athe coroner may not hold an inquest into the death;bno 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.4A 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.<Emphasis>Purpose of investigation</Emphasis>Matters to be ascertained51The purpose of an investigation under this Part into a person's death is to ascertain—awho the deceased was;bhow, when and where the deceased came by his or her death;cthe particulars (if any) required by the 1953 Act to be registered concerning the death.2Where 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.3Neither 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—athe questions mentioned in subsection (1)(a) and (b) (read with subsection (2) where applicable);bthe particulars mentioned in subsection (1)(c).This is subject to paragraph 7 of Schedule 5.<Emphasis>Inquests</Emphasis>Duty to hold inquest6A 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).Whether jury required71An inquest into a death must be held without a jury unless subsection (2) or (3) applies.2An inquest into a death must be held with a jury if the senior coroner has reason to suspect—athat the deceased died while in custody or otherwise in state detention, and that either—ithe death was a violent or unnatural one, oriithe cause of death is unknown,bthat the death resulted from an act or omission of—ia police officer, oriia member of a service police force,in the purported execution of the officer's or member's duty as such, orcthat the death was caused by a notifiable accident, poisoning or disease.3An inquest into a death may be held with a jury if the senior coroner thinks that there is sufficient reason for doing so.4For 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—ato a government department,bto an inspector or other officer of a government department, orcto an inspector appointed under section 19 of the Health and Safety at Work etc. Act 1974 (c. 37).5But COVID-19 is not a notifiable disease for the purposes of subsection (2)(c).Assembling a jury81The jury at an inquest (where there is a jury) is to consist of seven, eight, nine, ten or eleven persons.2For 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.3Once 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.4Only a person who is qualified to serve as a juror in the Crown Court, the High Court and the county court, under section 1 of the Juries Act 1974 (c. 23), is qualified to serve as a juror at an inquest.5The 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.Determinations and findings by jury91Subject to subsection (2), a determination or finding that a jury is required to make under section 10(1) must be unanimous.2A determination or finding need not be unanimous if—aonly one or two of the jury do not agree on it, andbthe 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.3If 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.<Addition ChangeId="key-bcf05d5f2ad3770222a297aa79a5d131-1485361984244" CommentaryRef="key-bcf05d5f2ad3770222a297aa79a5d131">Surrender of electronic communications devices by jurors</Addition>9A1A senior coroner holding an inquest with a jury may order the members of the jury to surrender any electronic communications devices for a period.2An order may be made only if the senior coroner considers that—athe order is necessary or expedient in the interests of justice, andbthe terms of the order are a proportionate means of safeguarding those interests.3An order may only specify a period during which the members of the jury are—ain the building in which the inquest is being heard,bin other accommodation provided at the senior coroner's request,cvisiting a place in accordance with arrangements made for the purposes of the inquest, ordtravelling to or from a place mentioned in paragraph (b) or (c).4An order may be made subject to exceptions.5It 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.6Proceedings 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). <Addition ChangeId="key-bcf05d5f2ad3770222a297aa79a5d131-1485361984244" CommentaryRef="key-bcf05d5f2ad3770222a297aa79a5d131"> Surrender of electronic communications devices: powers of search </Addition><Addition ChangeId="key-bcf05d5f2ad3770222a297aa79a5d131-1485361984244" CommentaryRef="key-bcf05d5f2ad3770222a297aa79a5d131">etc</Addition> 9B1This section applies where an order has been made under section 9A in respect of the members of a jury.2A 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.3Subsection (2) does not authorise the officer to require a person to remove clothing other than a coat, jacket, headgear, gloves or footwear.4If the search reveals a device which is required by the order to be surrendered—athe officer must ask the juror to surrender the device, andbif the juror refuses to do so, the officer may seize it.5Subject 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.6If 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—athe end of the period specified in the order, andbthe end of such period as will enable the officer to draw it to the attention of a constable.7A 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.8The Lord Chancellor may by regulations make provision as to—athe 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,bthe keeping of records about devices which have been surrendered or seized under this section,cthe period for which unclaimed devices have to be kept, anddthe disposal of unclaimed devices at the end of that period.9In this section— “electronic communications device” has the same meaning as in section 9A; “unclaimed device” means a device retained under this section which has not been returned and whose return has not been requested by a person entitled to it. <Addition ChangeId="key-f74448da97ee62be4ddb7544e2265c55-1659695501301" CommentaryRef="key-f74448da97ee62be4ddb7544e2265c55">Inquests without jury to be conducted at hearing or in writing</Addition>9C1Where an inquest into a death is to be held without a jury, the inquest is to be held—aat a hearing, orbif the senior coroner decides that a hearing is unnecessary, in writing.2The senior coroner is not to decide that a hearing is unnecessary unless—athe coroner has invited representations from each interested person known to the coroner,bno interested person has represented on reasonable grounds that a hearing should take place,cit 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, anddit appears to the coroner that no public interest would be served by a hearing.<Emphasis>Outcome of investigation</Emphasis>Determinations and findings to be made101After considering the evidence given to an inquest into a death, the senior coroner (if there is no jury) or the jury (if there is one) must—amake a determination as to the questions mentioned in section 5(1)(a) and (b) (read with section 5(2) where applicable), andbif particulars are required by the 1953 Act to be registered concerning the death, make a finding as to those particulars.2A determination under subsection (1)(a) may not be framed in such a way as to appear to determine any question of—acriminal liability on the part of a named person, orbcivil liability.3In subsection (2) “criminal liability” includes liability in respect of a service offence.<Emphasis>Suspension</Emphasis>Duty or power to suspend or resume investigations11Schedule 1 makes provision about suspension and resumption of investigations.<Emphasis>Death of service personnel abroad</Emphasis>Investigation in Scotland121This section applies to the death outside the United Kingdom of a person within subsection (2) or (3).2A 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—aactive service,bactivities carried on in preparation for, or directly in support of, active service, orctraining carried out in order to improve or maintain the effectiveness of those engaged in active service.3A person is within this subsection if at the time of the death the person was not subject to service law but—aby virtue of paragraph 7 of Schedule 15 to the Armed Forces Act 2006 was a civilian subject to service discipline, andbwas accompanying persons subject to service law who were engaged in active service.4If—athe person's body is within Scotland or is expected to be brought to the United Kingdom, andbthe Secretary of State thinks that it may be appropriate for the circumstances of the death to be investigated under the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016,the Secretary of State may notify the Lord Advocate accordingly.5If—athe person's body is within England and Wales, andbthe 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.Investigation in England and Wales despite body being brought to Scotland131The Chief Coroner may direct a senior coroner to conduct an investigation into a person's death if—athe deceased is a person within subsection (2) or (3) of section 12,bthe Lord Advocate has been notified under subsection (4) or (5) of that section in relation to the death,cthe body of the deceased has been brought to Scotland,dno inquiry into the circumstances of the death under the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 has been held (or any such inquiry that has been started has not been concluded),ethe 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, andfthe Chief Coroner has reason to suspect that—ithe deceased died a violent or unnatural death,iithe cause of death is unknown, oriiithe deceased died while in custody or otherwise in state detention.2The 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.<Emphasis>Ancillary powers of coroners in relation to deaths</Emphasis>Post-mortem examinations141A senior coroner may request a suitable practitioner to make a post-mortem examination of a body if—athe coroner is responsible for conducting an investigation under this Part into the death of the person in question, orba 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.2A request under subsection (1) may specify the kind of examination to be made.3For the purposes of subsection (1) a person is a suitable practitioner if he or she—ais a registered medical practitioner, orbin 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.4Where 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—amust not make, or assist at, an examination under this section of the body, butbis entitled to be represented at such an examination.This subsection has no effect as regards a post-mortem examination already made.5A 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.Power to remove body151A senior coroner who—ais responsible for conducting an investigation under this Part into a person's death, orbneeds 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.2That place may be within the coroner's area or elsewhere.3The 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.<Emphasis>Miscellaneous</Emphasis>Investigations lasting more than a year161A 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—amust notify the Chief Coroner of that fact;bmust notify the Chief Coroner of the date on which the investigation is completed or discontinued.2In 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.3The Chief Coroner must keep a register of notifications given under subsection (1).Monitoring of and training for investigations into deaths of service personnel171The Chief Coroner must—amonitor investigations under this Part into service deaths;bsecure that coroners conducting such investigations are suitably trained to do so.2In 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—aactive service,bactivities carried on in preparation for, or directly in support of, active service, orctraining carried out in order to improve or maintain the effectiveness of those engaged in active service.Chapter 2Notification, certification and registration of deathsNotification by medical practitioner to senior coroner181The 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.2Before making regulations under this section the Lord Chancellor must consult—athe Secretary of State for Health and Social Care, andbthe Chief Coroner.<Addition ChangeId="key-8322240b5f58b5b68ac5b517bf189410-1697127467979" CommentaryRef="key-8322240b5f58b5b68ac5b517bf189410">Medical examiners: England</Addition>18A1An English NHS body may appoint persons as medical examiners to discharge in England the functions conferred on medical examiners by or under this Chapter.2The Secretary of State must take such steps as the Secretary of State considers appropriate for the purpose of ensuring—athat enough medical examiners are appointed under subsection (1) to enable those functions to be discharged in England,bthat the funds and other resources that are made available to such medical examiners are enough to enable those functions to be discharged in England, andcthat the performance of such medical examiners is monitored by reference to any standards or levels of performance that they are expected to attain.3For the purposes of discharging the duty in subsection (2), the Secretary of State may give a direction to an English NHS body—arequiring the body to appoint or arrange for the appointment of one or more medical examiners,babout the funds or other resources to be made available to a medical examiner employed by an English NHS body,cabout the steps to be taken by the body to monitor the performance of such a medical examiner, ordabout 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.4In this section “English NHS body” means—aNHS England,ban integrated care board established under section 14Z25 of the National Health Service Act 2006,ca National Health Service trust established under section 25 of that Act,da Special Health Authority established under section 28 of that Act, orean NHS foundation trust within the meaning of section 30 of that Act.<Addition ChangeId="key-8322240b5f58b5b68ac5b517bf189410-1697127467979" CommentaryRef="key-8322240b5f58b5b68ac5b517bf189410">Medical examiners: Wales</Addition>18B1A Welsh NHS body may appoint persons as medical examiners to discharge in Wales the functions conferred on medical examiners by or under this Chapter.2The Welsh Ministers must take such steps as the Welsh Ministers consider appropriate for the purpose of ensuring—athat enough medical examiners are appointed under subsection (1) to enable those functions to be discharged in Wales,bthat the funds and other resources that are made available to such medical examiners are enough to enable those functions to be discharged in Wales, andcthat the performance of such medical examiners is monitored by reference to any standards or levels of performance that they are expected to attain.3In this section “Welsh NHS body” means—aa Local Health Board,ba National Health Service trust established under section 18 of the National Health Service (Wales) Act 2006, orca Special Health Authority established under section 22 of that Act.Medical examiners <Addition ChangeId="key-b27314cec69007682701dbb6619b4203-1697127561562" CommentaryRef="key-b27314cec69007682701dbb6619b4203">: supplementary</Addition>191. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3A person may be appointed as a medical examiner only if, at the time of the appointment, he or she—ais a registered medical practitioner and has been throughout the previous 5 years, andbpractises as such or has done within the previous 5 years.4The appropriate Minister may by regulations make—aprovision about the terms of appointment of medical examiners and about termination of appointment;bprovision for the payment to medical examiners of remuneration, expenses, fees, compensation for termination of appointment, pensions, allowances or gratuities;cprovision as to training—ito be undertaken as a precondition for appointment as a medical examiner;iito be undertaken by medical examiners;dprovision about the procedure to be followed in connection with the exercise of functions by medical examiners;eprovision conferring functions on medical examiners;fprovision for functions of medical examiners to be exercised, during a period of emergency, by persons not meeting the criteria in subsection (3).5Nothing in section 18A or 18B or this section, or in regulations under this section, gives an English NHS body (as defined by section 18A) or a Welsh NHS body (as defined by section 18B) any role in relation to the way in which medical examiners exercise their professional judgment as medical practitioners.6In this section “the appropriate Minister” means—ain relation to England, the Secretary of State;bin relation to Wales, the Welsh Ministers.7For 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.8A certification under subsection (7) must specify—athe date when the period of emergency begins, andbthe date when it is to end.9Subsection (8)(b) does not prevent the Secretary of State certifying a new period of emergency in respect of the same event or situation.Medical certificate of cause of death201The 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—aprovision requiring a registered medical practitioner who attended the deceased before his or her death (an “attending practitioner”)—ito prepare a certificate stating the cause of death to the best of the practitioner's knowledge and belief (an “attending practitioner's certificate”), oriiwhere the practitioner is unable to establish the cause of death, to refer the case to a senior coroner;bprovision requiring a copy of an attending practitioner's certificate to be given to a medical examiner;cprovision 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;dprovision requiring a senior coroner to refer a case to a medical examiner;eprovision requiring a medical examiner to make whatever enquiries appear to be necessary in order to confirm or establish the cause of death;fprovision requiring a medical examiner to whom a copy of an attending practitioner's certificate has been given—ito confirm the cause of death stated on the certificate and to notify a registrar that the cause of death has been confirmed, oriiwhere the examiner is unable to confirm the cause of death, to refer the case to a senior coroner;gprovision 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;hprovision requiring a medical examiner to whom a case has been referred by a senior coroner—ito 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, oriiwhere the examiner is unable to establish the cause of the death, to refer the case back to the coroner;iprovision for a medical examiner's certificate to be given to a registrar;jprovision allowing a medical examiner, if invited to do so by the registrar, to issue a fresh medical examiner's certificate superseding the existing one;kprovision requiring a medical examiner or someone acting on behalf of a medical examiner—ito discuss the cause of death with the informant or with some other person whom the examiner considers appropriate, andiito 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;lprovision 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;mprovision 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;nprovision requiring the Chief Medical Officer of the Department of Health and Social Care, after consulting—ithe Officer with corresponding functions in relation to Wales,iithe Registrar General, andiiithe Statistics Board,to issue guidance as to how certificates and other forms under the regulations are to be completed;oprovision for certificates or other forms under the regulations to be signed or otherwise authenticated.2Regulations under subsection (1) imposing a requirement—amay prescribe a period within which the requirement is to be complied with;bmay 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).3The power under subsection (1)(m) to prescribe forms is exercisable only after consultation with—athe Welsh Ministers,bthe Registrar General, andcthe Statistics Board.4Regulations 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.5The appropriate Minister may by regulations provide for a fee to be payable to an English NHS body (as defined by section 18A) or a Welsh NHS body (as defined by section 18B) in respect of—aa medical examiner's confirmation of the cause of death stated on an attending practitioner's certificate, orbthe issue of a medical examiner's certificate.6Section 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—aprovision made by regulations under this Chapter or by Coroners regulations, orbprovision contained in, or made by regulations under, Part 2 of the 1953 Act as amended by Part 1 of Schedule 21 to this Act.7In this section—“the appropriate Minister” has the same meaning as in section 19;“informant”, in relation to a death, means the person who gave particulars concerning the death to the registrar under section 16 or 17 of the 1953 Act;“period of emergency” has the same meaning as in section 19;“the Statistics Board” means the body corporate established by section 1 of the Statistics and Registration Service Act 2007 (c. 18).National Medical Examiner211The Secretary of State may appoint a person as National Medical Examiner.2The National Medical Examiner is to have—athe function of issuing guidance to medical examiners with a view to securing that they carry out their functions in an effective and proportionate manner;bany further functions conferred by regulations made by the Secretary of State.3Before appointing a person as National Medical Examiner or making regulations under subsection (2)(b), the Secretary of State must consult the Welsh Ministers.4A person may be appointed as National Medical Examiner only if, at the time of the appointment, he or she—ais a registered medical practitioner and has been throughout the previous 5 years, andbpractises as such or has done within the previous 5 years.5The appointment of a person as National Medical Examiner is to be on whatever terms and conditions the Secretary of State thinks appropriate.6The Secretary of State may pay to the National Medical Examiner—aamounts determined by the Secretary of State by way of remuneration or allowances;bamounts determined by the Secretary of State towards expenses incurred in performing functions as such.7The National Medical Examiner may amend or revoke any guidance issued under subsection (2)(a).8The National Medical Examiner must consult the Welsh Ministers before issuing, amending or revoking any such guidance.9Medical examiners must have regard to any such guidance in carrying out their functions.Chapter 3Coroner areas, appointments etcCoroner areas22Schedule 2 makes provision about coroner areas.Appointment etc of senior coroners, area coroners and assistant coroners23Schedule 3 makes provision about the appointment etc of senior coroners, area coroners and assistant coroners.Provision of staff and accommodation241The relevant authority for a coroner area—amust secure the provision of whatever officers and other staff are needed by the coroners for that area to carry out their functions;bmust provide, or secure the provision of, accommodation that is appropriate to the needs of those coroners in carrying out their functions;cmust maintain, or secure the maintenance of, accommodation provided under paragraph (b).2Subsection (1)(a) applies to a particular coroner area only if, or to the extent that, the necessary officers and other staff for that area are not provided by a local policing body.3Subsection (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.4In 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.5A 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.Chapter 4Investigations concerning treasureCoroner for Treasure and Assistant Coroners for Treasure25Schedule 4 makes provision about the appointment etc of the Coroner for Treasure and Assistant Coroners for Treasure.Investigations concerning treasure261The 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).2The 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.3The Coroner for Treasure may conduct an investigation concerning an object if he or she has reason to suspect that the object is treasure trove.4Subsections (1) to (3) are subject to section 29.5The purpose of an investigation under this section is to ascertain—awhether or not the object in question is treasure or treasure trove;bif it is treasure or treasure trove, who found it, where it was found and when it was found.6Senior 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).Inquests concerning treasure271The Coroner for Treasure may, as part of an investigation under section 26, hold an inquest concerning the object in question (a “treasure inquest”).2A 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.3In relation to a treasure inquest held with a jury, sections 8 and 9 apply with the following modifications—aa reference to a senior coroner is to be read as a reference to the Coroner for Treasure;bthe 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).Outcome of investigations concerning treasure28Where 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—aby the Coroner for Treasure after considering the evidence (where an inquest is not held),bby the Coroner for Treasure after hearing the evidence (where an inquest is held without a jury), orcby the jury after hearing the evidence (where an inquest is held with a jury).Exception to duty to investigate291Where the Coroner for Treasure is conducting, or proposes to conduct, an investigation under section 26 concerning—aan 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, orban 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.2Where the Coroner for Treasure is conducting, or proposes to conduct, an investigation under section 26 concerning—aan 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, orban 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.3A notice under subsection (1) or (2) may be given only before the making of a determination under section 28.4Where a notice is given under subsection (1) or (2)—athe 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;bthe 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;cwithout 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 1996.5For the purposes of this section the franchisee, in relation to an object, is the person who—awas, immediately before the commencement of section 4 of the Treasure Act 1996, orbapart 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.Duty to notify Coroner for Treasure etc of acquisition of certain objects301After section 8 of the Treasure Act 1996 (c. 24) there is inserted—Duty to notify coroner of acquisition of certain objects8A1A person who—aacquires property in an object, andbbelieves or has reasonable grounds for believing—ithat the object is treasure, andiithat 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.2The notice period is fourteen days beginning with—athe day after the person acquires property in the object; orbif later, the day on which the person first believes or has reason to believe—ithat the object is treasure; andiithat notification in respect of the object has not been given under section 8(1) or subsection (1) of this section.3Any person who fails to comply with subsection (1) is guilty of an offence if—anotification in respect of the object has not been given under section 8(1) or subsection (1) of this section; andbthere has been no investigation in relation to the object.4Any person guilty of an offence under this section is liable on summary conviction to—aimprisonment for a term not exceeding 51 weeks;ba fine of an amount not exceeding level 5 on the standard scale; orcboth.5In 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.6If the office of Coroner for Treasure is vacant, notification under subsection (1) must be given to an Assistant Coroner for Treasure.7In determining for the purposes of this section whether a person has acquired property in an object, section 4 is to be disregarded.8For 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 4.9This section has effect subject to section 8B.10In this section “investigation” means an investigation under section 26 of the Coroners and Justice Act 2009.11In its application to Northern Ireland this section has effect as if—ain subsection (1), for “Coroner for Treasure” there were substituted “ coroner for the district in which the object is located ”;bin subsection (3)(b), for “investigation” there were substituted “ inquest ”;cin subsection (4)(a), for “51 weeks” there were substituted “ three months ”;din subsection (5), for “Coroner for Treasure” there were substituted “ coroner ”;ein 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) ”;fin subsection (8), for “investigation” there were substituted “ inquest ” and for “England and Wales” there were substituted “ Northern Ireland ”;gin 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 ”.2In section 10 of that Act (rewards), in subsection (5) (persons to whom reward may be paid), at the end insert—dany person who gave notice under section 8A in respect of the treasure.3In 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.Code of practice under the Treasure Act 1996311A 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).2No 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 5Further provision to do with investigations and deathsPowers of coroners32Schedule 5 makes provision about powers of senior coroners and the Coroner for Treasure.Offences33Schedule 6 makes provision about offences relating to jurors, witnesses and evidence.Allowances, fees and expenses34Schedule 7 makes provision about allowances, fees and expenses.Chapter 6Governance etcChief Coroner and Deputy Chief Coroners351Schedule 8 makes provision about the appointment etc of the Chief Coroner and Deputy Chief Coroners.2The 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.Reports and advice to the Lord Chancellor from the Chief Coroner361The Chief Coroner must give the Lord Chancellor a report for each calendar year.2The report must cover—amatters that the Chief Coroner wishes to bring to the attention of the Lord Chancellor;bmatters that the Lord Chancellor has asked the Chief Coroner to cover in the report.3The report must contain an assessment for the year of the consistency of standards between coroners areas.4The report must also contain a summary for the year of—athe number and length of—iinvestigations in respect of which notification was given under subsection (1)(a) or (b) of section 16, andiiinvestigations 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;b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .cthe matters recorded under paragraph 4 of Schedule 5;dthe matters reported under paragraph 7 of that Schedule and the responses given under sub-paragraph (2) of that paragraph.5A report for a year under this section must be given to the Lord Chancellor by 1 July in the following year.6The Lord Chancellor must publish each report given under this section and must lay a copy of it before each House of Parliament.7If 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.Regulations about training371The Chief Coroner may, with the agreement of the Lord Chancellor, make regulations about the training of—asenior coroners, area coroners and assistant coroners;bthe Coroner for Treasure and Assistant Coroners for Treasure;ccoroners' officers and other staff assisting persons within paragraph (a) or (b).2The regulations may (in particular) make provision as to—athe kind of training to be undertaken;bthe amount of training to be undertaken;cthe frequency with which it is to be undertaken.Medical Adviser and Deputy Medical Advisers to the Chief Coroner38Schedule 9 makes provision about the appointment etc of the Medical Adviser to the Chief Coroner and Deputy Medical Advisers to the Chief Coroner.Inspection of coroner system39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Appeals to the Chief Coroner40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Investigation by Chief Coroner or Coroner for Treasure or by judge, former judge or former coroner41Schedule 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.Guidance by the Lord Chancellor421The 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).2Guidance issued under this section may include provision—aabout the way in which such persons are able to participate in investigations under this Part into deaths;b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .cabout the role of coroners' officers and other staff in helping such persons to participate in investigations ....This subsection is not to be read as limiting the power in subsection (1).3The Lord Chancellor may amend or revoke any guidance issued under this section.4The Lord Chancellor must consult the Chief Coroner before issuing, amending or revoking any guidance under this section.Chapter 7Supplementary<Emphasis>Regulations and rules</Emphasis>Coroners regulations431The Lord Chancellor may make regulations—afor 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);bfor regulating the practice and procedure at or in connection with examinations under section 14;cfor 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”.2Coroners regulations may be made only if—athe Lord Chief Justice, orba 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.3Coroners regulations may make—aprovision for the discharge of an investigation (including provision as to fresh investigations following discharge);bprovision for or in connection with the suspension or resumption of investigations;cprovision for the delegation by a senior coroner, area coroner or assistant coroner of any of his or her functions;dprovision allowing information to be disclosed or requiring information to be given;eprovision giving to the Lord Chancellor or the Chief Coroner power to require information from senior coroners;fprovision requiring a summary of specified information given to the Chief Coroner by virtue of paragraph (e) to be included in reports under section 36;gprovision 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);hprovision, 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;iprovision, 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;jprovision about reports under paragraph 7 of that Schedule.This subsection is not to be read as limiting the power in subsection (1).4Coroners regulations may apply any provisions of Coroners rules.5Where Coroners regulations apply any provisions of Coroners rules, those provisions—amay be applied to any extent;bmay be applied with or without modifications;cmay be applied as amended from time to time.Treasure regulations441The 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”.2Treasure regulations may be made only if—athe Lord Chief Justice, orba 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.3Treasure regulations may make—aprovision for the discharge of an investigation (including provision as to fresh investigations following discharge);bprovision for or in connection with the suspension or resumption of investigations;cprovision for the delegation by the Coroner for Treasure (or an Assistant Coroner for Treasure) of any of his or her functions;dprovision allowing information to be disclosed or requiring information to be given;eprovision giving to the Lord Chancellor or the Chief Coroner power to require information from the Coroner for Treasure;fprovision requiring a summary of specified information given to the Chief Coroner by virtue of paragraph (e) to be included in reports under section 36;gprovision 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).4Treasure regulations may apply any provisions of Coroners rules.5Where Treasure regulations apply any provisions of Coroners rules, those provisions—amay be applied to any extent;bmay be applied with or without modifications;cmay be applied as amended from time to time.Coroners rules451Rules may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005 (c. 4)—afor regulating the practice and procedure at or in connection with inquests;b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .c. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Rules under this section are referred to in this Part as “Coroners rules”.2Coroners rules may make—aprovision about evidence (including provision requiring evidence to be given on oath except in prescribed cases);bprovision for the discharge of a jury (including provision as to the summoning of new juries following discharge);cprovision for the discharge of an inquest (including provision as to fresh inquests following discharge);dprovision for or in connection with the adjournment or resumption of inquests;eprovision for a senior coroner to have power to give a direction, in proceedings in the course of an inquest, allowing or requiring a name or other matter not to be disclosed except to persons specified in the direction;eaprovision for or in connection with the conduct of hearings wholly or partly by way of electronic transmission of sounds or images;fprovision for the delegation by—ia senior coroner, area coroner or assistant coroner, oriithe 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;gprovision with respect to the disclosure of information;hprovision for persons to be excused from service as jurors at inquests in cases specified in the rules;iprovision 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;j. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2ACoroners 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.3Coroners rules may make provision conferring power on a senior coroner or the Coroner for Treasure—ato 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;bto 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.4Subsections (2) and (3) are not to be read as limiting the power in subsection (1).5Coroners rules may apply—aany provisions of Coroners regulations;bany provisions of Treasure regulations;cany rules of court that relate to proceedings other than inquests.6Where any provisions or rules are applied by virtue of subsection (5), they may be applied—ato any extent;bwith or without modifications;cas amended from time to time.7Practice 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.8Coroners rules may, instead of providing for a matter, refer to provision made or to be made by practice directions under subsection (7).9In this section “rules of court” include any provision governing the practice and procedure of a court that is made by or under an enactment.<Emphasis>Coroner of the Queen's household</Emphasis>Abolition of the office of coroner of the Queen's household46The office of coroner of the Queen's household is abolished.<Emphasis>Interpretation</Emphasis>“Interested person”471This 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—aa spouse, civil partner, partner, parent, child, brother, sister, grandparent, grandchild, child of a brother or sister, stepfather, stepmother, half-brother or half-sister;ba personal representative of the deceased;ca medical examiner exercising functions in relation to the death of the deceased;da beneficiary under a policy of insurance issued on the life of the deceased;ethe insurer who issued such a policy of insurance;fa 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;gin a case where the death may have been caused by—ian injury received in the course of an employment, oriia 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;ha person appointed by, or representative of, an enforcing authority;iwhere subsection (3) applies, a chief constable;jwhere subsection (4) applies, a Provost Marshal of a service police force or of the tri-service serious crime unit;kwhere subsection (5) applies, the Director General of the Independent Office for Police Conduct;kawhere subsection (5A) applies, the Service Police Complaints Commissioner;kbwhere 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—ieach advocate that has been appointed under that section in respect of that incident, andiithe standing advocate appointed under section 35(1) of that Act;la person appointed by a Government department to attend or follow an inquest into the death or to assist in, or provide evidence for the purposes of, an investigation into the death under this Part;many other person who the senior coroner thinks has a sufficient interest.3This subsection applies where it appears that a person has or may have committed—aa homicide offence involving the death of the deceased, orba related offence (other than a service offence).4This subsection applies where it appears that a person has or may have committed—athe service equivalent of a homicide offence involving the death of the deceased, orba service offence that is a related offence.5This subsection applies where the death of the deceased is or has been the subject of an investigation managed or carried out by the Director General of the Independent Office for Police Conduct in accordance with Part 3 of Schedule 3 to the Police Reform Act 2002 (c. 30), including that Part as extended or applied by or under any statutory provision (whenever made).5AThis 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—athe British Museum, if the object was found or is believed to have been found in England;bthe National Museum of Wales, if the object was found or is believed to have been found in Wales;cthe finder of the object or any person otherwise involved in the find;dthe occupier, at the time the object was found, of the land where it was found or is believed to have been found;ea person who had an interest in that land at that time or who has had such an interest since;fany other person who the Coroner for Treasure thinks has a sufficient interest.7For 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.Interpretation: general481In this Part, unless the context otherwise requires—“the 1953 Act” means the Births and Deaths Registration Act 1953 (c. 20);“the 1988 Act” means the Coroners Act 1988 (c. 13);“active service” means service in—an action or operation against an enemy (within the meaning given by section 374 of the Armed Forces Act 2006 (c. 52)),an operation outside the British Islands for the protection of life or property, orthe military occupation of a foreign country or territory;“area”, in relation to a senior coroner, area coroner or assistant coroner, means the coroner area for which that coroner is appointed;“area coroner” means a person appointed under paragraph 2(3) of Schedule 3;“assistant coroner” means a person appointed under paragraph 2(4) of Schedule 3;“Assistant Coroner for Treasure” means an assistant coroner, designated under paragraph 7 of Schedule 4, acting in the capacity of Assistant Coroner for Treasure;“body” includes body parts;“chief constable” means—a chief officer of police (within the meaning given in section 101(1) of the Police Act 1996 (c. 16));the Chief Constable of the Ministry of Defence Police;the Chief Constable of the Civil Nuclear Constabulary;the Chief Constable of the British Transport Police;“the Chief Coroner” means a person appointed under paragraph 1 of Schedule 8;“the Common Council” means the Common Council of the City of London, and “common councillor” is to be read accordingly;“coroner area” is to be read in accordance with paragraph 1 of Schedule 2;“the Coroner for Treasure” means a person appointed under paragraph 1 of Schedule 4;“Coroners regulations” means regulations under section 43;“Coroners rules” means rules under section 45;“the coroner system” means the system of law and administration relating to investigations and inquests under this Part;“the court of trial” means—in relation to an offence (other than a service offence) that is tried summarily, the magistrates' court by which the offence is tried;in relation to an offence tried on indictment, the Crown Court;in relation to a service offence, a commanding officer, a Court Martial or the Service Civilian Court (depending on the person before whom, or court before which, it is tried);“Deputy Chief Coroner” means a person appointed under paragraph 2 of Schedule 8;“document” includes information stored in an electronic form;“enforcing authority” has the meaning given by section 18(7) of the Health and Safety at Work etc. Act 1974 (c. 37);“functions” includes powers and duties;“homicide offence” has the meaning given in paragraph 1(6) of Schedule 1;“interested person” is to be read in accordance with section 47;“land” includes premises within the meaning of the Police and Criminal Evidence Act 1984 (c. 60);“local authority” means—in relation to England, a county council, the council of any district comprised in an area for which there is no county council, a London borough council, the Common Council or the Council of the Isles of Scilly;in relation to Wales, a county council or a county borough council;“medical examiner” means a person appointed under section 18A or 18B;“person”, in relation to an offence of corporate manslaughter, includes an organisation;“prosecuting authority” means—the Director of Public Prosecutions, ora person of a description prescribed by an order made by the Lord Chancellor;“” has the meaning given in paragraph 1(6) of Schedule 1;“relevant authority”, in relation to a coroner area, has the meaning given by paragraph 3 of Schedule 2 (and see paragraph 2 of Schedule 22);“senior coroner” means a person appointed under paragraph 1 of Schedule 3;“the service equivalent of a homicide offence” has the meaning given in paragraph 1(6) of Schedule 1;“service offence” has the meaning given by section 50(2) of the Armed Forces Act 2006 (c. 52) (read without regard to any order under section 380 of that Act) and also includes an offence under—Part 2 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18) or paragraph 4(6) of Schedule 5A to that Act,Part 2 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or paragraph 4(6) of Schedule 5A to that Act, orPart 1 or section 47K of the Naval Discipline Act 1957 (c. 53) or paragraph 4(6) of Schedule 4A to that Act;“service police force” means—the Royal Navy Police,the Royal Military Police, orthe Royal Air Force Police;“state detention” has the meaning given by subsection (2) (read with subsection (2A));“statutory provision” means provision contained in, or in an instrument made under, any Act (including this Act);“treasure” means anything that is treasure for the purposes of the Treasure Act 1996 (c. 24) (and accordingly does not include anything found before 24 September 1997);“Treasure regulations” means regulations under section 44;“treasure trove” does not include anything found on or after 24 September 1997; “tri-service serious crime unit” means the unit described in section 375(1A) of the Armed Forces Act 2006. 2 Subject to subsection (2A), a person is in state detention if he or she is compulsorily detained by a public authority within the meaning of section 6 of the Human Rights Act 1998 (c. 42).2ABut 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 2005.3For the purposes of this Part, the area of the Common Council is to be treated as including the Inner Temple and the Middle Temple.4A 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.5A 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.<Emphasis>Northern Ireland and Scotland amendments</Emphasis>Amendments to the Coroners Act (Northern Ireland) 1959491In 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” substitutea coroner— awho is informed that the body of a deceased person is lying within his district; orbin whose district an unexpected or unexplained death.2Schedule 11 inserts provisions into the Coroners Act (Northern Ireland) 1959 corresponding to certain provisions in Schedules 5 and 6.Amendments to the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 197650. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Emphasis>Amendments of Access to Justice Act 1999</Emphasis>Public funding for advocacy at certain inquests51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 2 Criminal offencesChapter 1Murder, infanticide and suicide<Emphasis>Partial defence to murder: diminished responsibility</Emphasis>Persons suffering from diminished responsibility (England and Wales)521In section 2 of the Homicide Act 1957 (c. 11) (persons suffering from diminished responsibility), for subsection (1) substitute—1A 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—aarose from a recognised medical condition,bsubstantially impaired D's ability to do one or more of the things mentioned in subsection (1A), andcprovides an explanation for D's acts and omissions in doing or being a party to the killing.1AThose things are—ato understand the nature of D's conduct;bto form a rational judgment;cto exercise self-control.1BFor 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.2In 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 ”.Persons suffering from diminished responsibility (Northern Ireland)531Section 5 of the Criminal Justice Act (Northern Ireland) 1966 (c. 20) (effect, in cases of homicide, of impaired mental responsibility) is amended as follows.2For subsection (1) substitute—1A 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—aarose from a recognised mental condition,bsubstantially impaired D's ability to do one or more of the things mentioned in subsection (1A), andcprovides an explanation for D's acts and omissions in doing or being a party to the killing.1AThose things are—ato understand the nature of D's conduct;bto form a rational judgment;cto exercise self-control.1BFor 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.1CWhere, 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.3In subsection (2), for “subsection (1)” substitute “ subsection (1C) ”.4In subsections (4) and (5), for “mental abnormality” substitute “ abnormality of mental functioning ”.<Emphasis>Partial defence to murder: loss of control</Emphasis>Partial defence to murder: loss of control541Where a person (“D”) kills or is a party to the killing of another (“V”), D is not to be convicted of murder if—aD's acts and omissions in doing or being a party to the killing resulted from D's loss of self-control,bthe loss of self-control had a qualifying trigger, andca 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.2For the purposes of subsection (1)(a), it does not matter whether or not the loss of control was sudden.3In 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.4Subsection (1) does not apply if, in doing or being a party to the killing, D acted in a considered desire for revenge.5On 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.6For 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.7A person who, but for this section, would be liable to be convicted of murder is liable instead to be convicted of manslaughter.8The 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.Meaning of “qualifying trigger”551This section applies for the purposes of section 54.2A loss of self-control had a qualifying trigger if subsection (3), (4) or (5) applies.3This 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.4This subsection applies if D's loss of self-control was attributable to a thing or things done or said (or both) which—aconstituted circumstances of an extremely grave character, andbcaused D to have a justifiable sense of being seriously wronged.5This subsection applies if D's loss of self-control was attributable to a combination of the matters mentioned in subsections (3) and (4).6In determining whether a loss of self-control had a qualifying trigger—aD'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;ba 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;cthe fact that a thing done or said constituted sexual infidelity is to be disregarded.7In this section references to “D” and “V” are to be construed in accordance with section 54.Abolition of common law defence of provocation561The common law defence of provocation is abolished and replaced by sections 54 and 55.2Accordingly, the following provisions cease to have effect—asection 3 of the Homicide Act 1957 (c. 11) (questions of provocation to be left to the jury);bsection 7 of the Criminal Justice Act (Northern Ireland) 1966 (c. 20) (questions of provocation to be left to the jury).<Emphasis>Infanticide</Emphasis>Infanticide (England and Wales)571Section 1 of the Infanticide Act 1938 (c. 36) (offence of infanticide) is amended as follows.2In subsection (1)—afor “notwithstanding that” substitute “ if ”, andbafter “murder” insert “ or manslaughter ”.3In subsection (2)—afor “notwithstanding that” substitute “ if ”, andbafter “murder” insert “ or manslaughter ”.Infanticide (Northern Ireland)581Section 1 of the Infanticide Act (Northern Ireland) 1939 (c. 5) (offence of infanticide) is amended as follows.2In subsection (1)—afor “notwithstanding that” substitute “ if ”, andbafter “murder” insert “ or manslaughter ”.3In subsection (2)—afor “notwithstanding that” substitute “ if ”, andbafter “murder” insert “ or manslaughter ”.<Emphasis>Suicide</Emphasis>Encouraging or assisting suicide (England and Wales)591The Suicide Act 1961 (c. 60) is amended as follows.2In section 2 (criminal liability for complicity in another's suicide), for subsection (1) substitute—1A person (“D”) commits an offence if—aD does an act capable of encouraging or assisting the suicide or attempted suicide of another person, andbD's act was intended to encourage or assist suicide or an attempt at suicide.1AThe person referred to in subsection (1)(a) need not be a specific person (or class of persons) known to, or identified by, D.1BD may commit an offence under this section whether or not a suicide, or an attempt at suicide, occurs.1CAn 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.3In 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). ”4After that section insert—Acts capable of encouraging or assisting2A1If 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.2Where 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).3A 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.Course of conduct2BA 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.Encouraging or assisting suicide (Northern Ireland)601The Criminal Justice Act (Northern Ireland) 1966 (c. 20) is amended as follows.2In section 13 (criminal liability for complicity in another's suicide), for subsection (1) substitute—1A person (“D”) commits an offence if—aD does an act capable of encouraging or assisting the suicide or attempted suicide of another person, andbD's act was intended to encourage or assist suicide or an attempt at suicide.1AThe person referred to in subsection (1)(a) need not be a specific person (or class of persons) known to, or identified by, D.1BD may commit an offence under this section whether or not a suicide, or an attempt at suicide, occurs.1CAn 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.3In 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). ”4After that section insert—Acts capable of encouraging or assisting13A1If 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.2Where 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).3A 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.Course of conduct13BA 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.Encouraging or assisting suicide: information society services61Schedule 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.Chapter 2Images of children<Emphasis>Prohibited images</Emphasis>Possession of prohibited images of children621It is an offence for a person to be in possession of a prohibited image of a child.2A prohibited image is an image which—ais pornographic,bfalls within subsection (6), andcis grossly offensive, disgusting or otherwise of an obscene character.3An 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.4Where (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—athe image itself, andb(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.5So, for example, where—aan image forms an integral part of a narrative constituted by a series of images, andbhaving 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.6An image falls within this subsection if it—ais an image which focuses solely or principally on a child's genitals or anal region, orbportrays any of the acts mentioned in subsection (7).7Those acts are—athe performance by a person of an act of intercourse or oral sex with or in the presence of a child;ban act of masturbation by, of, involving or in the presence of a child;can act which involves penetration of the vagina or anus of a child with a part of a person's body or with anything else;dan 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;ethe performance by a child of an act of intercourse or oral sex with an animal (whether dead or alive or imaginary);fthe 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.8For the purposes of subsection (7), penetration is a continuing act from entry to withdrawal.9Proceedings for an offence under subsection (1) may not be instituted—ain England and Wales, except by or with the consent of the Director of Public Prosecutions;bin Northern Ireland, except by or with the consent of the Director of Public Prosecutions for Northern Ireland.Exclusion of classified film etc631Section 62(1) does not apply to excluded images.2An “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.3But such an image is not an “excluded image” if—ait is contained in a recording of an extract from a classified work, andbit 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.4Where 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—athe image itself, andb(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.5In 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—aa defect caused for technical reasons or by inadvertence on the part of any person, orbthe inclusion in the recording of any extraneous material (such as advertisements),is to be disregarded.6Nothing 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.7In this section—“classified work” means (subject to subsection (8)) a video work in respect of which a classification certificate has been issued by a designated authority (whether before or after the commencement of this section);“classification certificate” and “video work” have the same meaning as in the Video Recordings Act 1984 (c. 39);“designated authority” means an authority which has been designated by the Secretary of State under section 4 of that Act;“extract” includes an extract consisting of a single image;“pornographic” has the same meaning as in section 62;“recording” means any disc, tape or other device capable of storing data electronically and from which images may be produced (by any means).8Section 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.Defences641Where 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—athat the person had a legitimate reason for being in possession of the image concerned;bthat 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;cthat the person—iwas sent the image concerned without any prior request having been made by or on behalf of the person, andiidid not keep it for an unreasonable time.2In this section “prohibited image” has the same meaning as in section 62.Meaning of “image” and “child”651The following apply for the purposes of sections 62 to 64.2“Image” includes—aa moving or still image (produced by any means), orbdata (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.4In subsection (3) “indecent photograph” and “indecent pseudo-photograph” are to be construed—ain relation to England and Wales, in accordance with the Protection of Children Act 1978 (c. 37), andbin 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 18.6Where an image shows a person the image is to be treated as an image of a child if—athe impression conveyed by the image is that the person shown is a child, orbthe 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.7References to an image of a person include references to an image of an imaginary person.8References to an image of a child include references to an image of an imaginary child.Penalties661This section has effect where a person is guilty of an offence under section 62(1).2The offender is liable—aon summary conviction, to imprisonment for a term not exceeding the relevant period or a fine not exceeding the statutory maximum, or both;bon conviction on indictment, to imprisonment for a term not exceeding 3 years or a fine, or both.3“The relevant period” means—ain relation to England and Wales, the general limit in a magistrates’ court;bin relation to Northern Ireland, 6 months.Entry, search, seizure and forfeiture671The 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)—asection 4 (entry, search and seizure);bthe Schedule (forfeiture of photographs).2The 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)—aArticle 4 (entry, search and seizure);bthe Schedule (forfeiture of photographs).3In this section “prohibited image of a child” means a prohibited image of a child to which section 62(1) applies.Special rules relating to providers of information society services68Schedule 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.<Emphasis>Indecent pseudo-photographs of children</Emphasis>Indecent pseudo-photographs of children: marriage etc691In 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 ”.2In 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 ”.3In 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 ”.4In 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 ”.Chapter 3Other offencesGenocide, crimes against humanity and war crimes701The International Criminal Court Act 2001 (c. 17) is amended as follows.2In sections 53 and 60 (trial and punishment of main offences), after subsection (6) add—7Subsections (5) and (6) are subject to section 65B (restriction of penalties in relation to retrospective application of certain offences).3After section 65 insert—Retrospective application of certain offences65A1Sections 51 and 58 apply to acts committed on or after 1 January 1991.2But 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.3Section 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.4Section 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.5Any enactment or rule of law relating to an offence ancillary to a relevant Part 5 offence—aapplies to conduct in which a person engaged on or after 1 January 1991, andbapplies even if the act or conduct constituting the relevant Part 5 offence would not constitute such an offence but for this section.6But 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—aconduct in which the person engaged before 1 September 2001, orbconduct in which the person engaged on or after that date which was ancillary to an act or conduct which—iwas committed or engaged in before that date, andiiwould 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.7Section 65, so far as it has effect in relation to relevant Part 5 offences—aapplies to failures to exercise control of the kind mentioned in section 65(2) or (3) which occurred on or after 1 January 1991, andbapplies even if the act or conduct constituting the relevant Part 5 offence would not constitute such an offence but for this section.8But 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.9In this section “relevant Part 5 offence” means an offence under section 51, 52, 58 or 59 or an offence ancillary to such an offence.Modification of penalties: provision supplemental to section 65A65B1In 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”.2In 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 1967.3In 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”.4In 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) 1967.5In this section—“pre-existing E&W offence” means—an offence under section 51 on account of an act constituting genocide, if at the time the act was committed it also amounted to an offence under section 1 of the Genocide Act 1969;an offence under section 51 on account of an act constituting a war crime, if at the time the act was committed it also amounted to an offence under section 1 of the Geneva Conventions Act 1957 (grave breaches of the Conventions);an offence of a kind mentioned in section 55(1)(a) to (c) which is ancillary to an offence within paragraph (a) or (b) above;“pre-existing NI offence” means—an offence under section 58 on account of an act constituting genocide, if at the time the act was committed it also amounted to an offence under section 1 of the Genocide Act 1969;an offence under section 58 on account of an act constituting a war crime, if at the time the act was committed it also amounted to an offence under section 1 of the Geneva Conventions Act 1957 (grave breaches of the Conventions);an offence of a kind mentioned in section 62(1)(a) to (c) which is ancillary to an offence within paragraph (a) or (b) above.4After section 67 insert—Supplemental provision about <Acronym Expansion="United Kingdom">UK</Acronym> residents67A1To 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—aan individual who has indefinite leave to remain in the United Kingdom;bany other individual who has made an application for such leave (whether or not it has been determined) and who is in the United Kingdom;can 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;dan individual who has made an asylum claim, or a human rights claim, which has been granted;eany 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;fan 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—ithe application or claim has been granted, oriithe named individual is in the United Kingdom (whether or not the application or claim has been determined);gan 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;han individual—iagainst 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,iiwho has appealed against the decision to make the order (whether or not the appeal has been determined), andiiiwho is in the United Kingdom;ian 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;jan individual who is detained in lawful custody in the United Kingdom.2When 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—athe periods during which the individual has been or intends to be in the United Kingdom,bthe purposes for which the individual is, has been or intends to be in the United Kingdom,cwhether the individual has family or other connections to the United Kingdom and the nature of those connections, anddwhether the individual has an interest in residential property located in the United Kingdom.3In this section—“asylum claim” means—a claim that it would be contrary to the United Kingdom's obligations under the Refugee Convention for the claimant to be removed from, or required to leave, the United Kingdom, ora claim that the claimant would face a real risk of serious harm if removed from the United Kingdom;“Convention rights” means the rights identified as Convention rights by section 1 of the Human Rights Act 1998;“detained in lawful custody” means—detained in pursuance of a sentence of imprisonment, detention or custody for life or a detention and training order,remanded in or committed to custody by an order of a court,detained pursuant to an order under section 2 of the Colonial Prisoners Removal Act 1884 or a warrant under section 1 or 4A of the Repatriation of Prisoners Act 1984,detained under Part 3 of the Mental Health Act 1983 or by virtue of an order under section 5 of the Criminal Procedure (Insanity) Act 1964 or section 6 or 14 of the Criminal Appeal Act 1968 (hospital orders, etc),detained by virtue of an order under Part 6 of the Criminal Procedure (Scotland) Act 1995 (other than an order under section 60C) or a hospital direction under section 59A of that Act, and includes detention by virtue of the special restrictions set out in Part 10 of the Mental Health (Care and Treatment) (Scotland) Act 2003 to which a person is subject by virtue of an order under section 59 of the Criminal Procedure (Scotland) Act 1995, ordetained under Part 3 of the Mental Health (Northern Ireland) Order 1986 or by virtue of an order under section 11 or 13(5A) of the Criminal Appeal (Northern Ireland) Act 1980;“human rights claim” means a claim that to remove the claimant from, or to require the claimant to leave, the United Kingdom would be unlawful under section 6 of the Human Rights Act 1998 (public authority not to act contrary to Convention) as being incompatible with the person's Convention rights;“the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 and the Protocol to the Convention;“serious harm” has the meaning given by article 15 of Council Directive 2004/83/EC on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted;and a reference to having leave to enter or remain in the United Kingdom is to be construed in accordance with the Immigration Act 1971.4This section applies in relation to any offence under this Part (whether committed before or after the coming into force of this section).Slavery, servitude and forced or compulsory labour71. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Conspiracy721In section 1A of the Criminal Law Act 1977 (c. 45) (conspiracy to commit offences outside the United Kingdom)—ain the title and in subsection (2), for “the United Kingdom” substitute “ England and Wales ”, andbfor subsection (14) substitute—14Nothing in this section applies to an agreement entered into before 4 September 1998.15In 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 ”.16Nothing in this section imposes criminal liability on any person acting on behalf of, or holding office under, the Crown.2In 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)—ain the title and in paragraph (2), for “the United Kingdom” substitute “ Northern Ireland ”, andbfor paragraph (14) substitute—14Nothing in this Article applies to an agreement entered into before 4 September 1998.15In 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 ”.16Nothing in this Article imposes criminal liability on any person acting on behalf of, or holding office under, the Crown.Abolition of common law libel offences etc73The following offences under the common law of England and Wales and the common law of Northern Ireland are abolished—athe offences of sedition and seditious libel;bthe offence of defamatory libel;cthe offence of obscene libel. Part 3 Criminal evidence, investigations and procedureChapter 1Anonymity in investigationsQualifying offences741An offence is a qualifying offence for the purposes of this Chapter if—ait is listed in subsection (2), andbthe condition in subsection (3) is satisfied in relation to it.2The offences are—amurder;bmanslaughter.3The condition in this subsection is that the death was caused by one or both of the following—abeing shot with a firearm;bbeing injured with a knife.4The appropriate authoritymay by order amend this section—aso as to add an offence to or omit an offence from the list in subsection (2), orbso as to add, omit or modify a condition to be satisfied in relation to an offence.5In this section—“the appropriate authority” means, in relation to England and Wales, the Secretary of State and, in relation to Northern Ireland, the Department of Justice in Northern Ireland;“firearm”, in relation to England and Wales, has the meaning given by section 57 of the Firearms Act 1968 (c. 27) and, in relation to Northern Ireland, has the meaning given by Article 2 of the Firearms (Northern Ireland) Order 2004 (S.I. 2004/702 (N.I. 3));“knife” has the meaning given by section 10 of the Knives Act 1997 (c. 21).Qualifying criminal investigations751For 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—awhether a person should be charged with a qualifying offence, orbwhether a person charged with a qualifying offence is guilty of it.2The following are investigating authorities—aa police force in England and Wales;bthe British Transport Police Force;cthe National Crime Agency;dthe Police Service of Northern Ireland.3The Secretary of State may by order amend subsection (2) so as to add or omit a body or other person.4The 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.5The 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).Investigation anonymity orders761In 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—athat identifies the specified person as a person who is or was able or willing to assist a specified qualifying criminal investigation, orbthat might enable the specified person to be identified as such a person.2The prohibition in an investigation anonymity order is subject to subsections (3) to (9).3An 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.4An 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.5A 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.6The 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.7A person who discloses information to which an investigation anonymity order relates does not contravene the order if—athe 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, andbthe disclosure is made for the purposes of the investigation or the prosecution of an offence to which the investigation relates.8An investigation anonymity order is not contravened by—adisclosure in pursuance of a requirement imposed by any enactment or rule of law, orbdisclosure made in pursuance of an order of a court.9A 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—ait 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), butbthe 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.10It is an offence for a person to disclose information in contravention of an investigation anonymity order.11A person guilty of an offence under this section is liable—aon summary conviction, to imprisonment for a term not exceeding the relevant period or a fine not exceeding the statutory maximum, or both;bon conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine, or both.12“The relevant period” means—ain relation to England and Wales, the general limit in a magistrates’ court;bin relation to Northern Ireland, 6 months.13In this section “specified” means specified in the investigation anonymity order concerned.Applications771An application for an investigation anonymity order may be made to a justice of the peace by—ain 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;bin a case where the British Transport Police Force is conducting the qualifying criminal investigation, the Chief Constable of the British Transport Police Force;cin a case where the National Crime Agency is conducting the qualifying criminal investigation, the Director General of the National Crime Agency;din 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;ethe Director of Public Prosecutions;f. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .gthe Director of Public Prosecutions for Northern Ireland.2An applicant for an investigation anonymity order is not required to give notice of the application to—aa person who is suspected of having committed or who has been charged with an offence to which the qualifying criminal investigation relates, orbsuch a person's legal representatives.3An 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.4A justice of the peace may determine the application without a hearing.5If 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.6In 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 ....7The Secretary of State may by order amend subsection (1).8The 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.9The 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).Conditions for making order781This section applies where an application is made for an investigation anonymity order to be made in relation to a person.2The 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.3The condition in this subsection is that a qualifying offence has been committed.4The 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.5The 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.6A group falls within this subsection if—ait is possible to identify the group from the criminal activities that its members appear to engage in, andbit appears that the majority of the persons in the group are aged at least 11 but under 30.7The 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.8The condition in this subsection is that the person who would be specified in the order—ais able to provide information that would assist the criminal investigation as it relates to the qualifying offence, andbis more likely than not, as a consequence of the making of the order, to provide such information.9If 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.10The appropriate authoritymay by order modify or repeal any of subsections (4) to (6) and (9).11The 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.12In 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.Appeal against refusal of order791Where 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.2An applicant may not appeal under subsection (1) unless the applicant indicates—ain the application for the order, orbif there is a hearing of the application before the justice, at the hearing,that the applicant intends to appeal a refusal.3If 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.4An order made under subsection (3) has effect until the appeal is determined or otherwise disposed of.5The 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.6In 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—ain the case of an appeal made in England and Wales, as a reference to the appropriate officer of the Crown Court;bin the case of an appeal made in Northern Ireland, as a reference to the chief clerk ....Discharge of order801A justice of the peace may discharge an investigation anonymity order if it appears to the justice to be appropriate to do so.2The justice may so discharge an investigation anonymity order on an application by—athe person on whose application the order was made;bthe Director of Public Prosecutions;c. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .dthe Director of Public Prosecutions for Northern Ireland;ethe person specified in the order.3An application may not be made under subsection (2) unless there has been a material change of circumstances since the relevant time.4Any 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.5If 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—athe person specified in the order has had an opportunity to oppose the application, orbthe justice is satisfied that it is not reasonably practicable to communicate with the person.6A party to the proceedings may appeal to a judge of the Crown Court against the justice's decision.7If 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—athe time when the order was made, orbif a previous application has been made under subsection (2), the time when the application (or the last application) was made.Delegation of functions811A 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.2The Chief Constable of the British Transport Police Force may authorise a person to exercise the Chief Constable's functions under this Chapter.3The Director General of the National Crime Agency may authorise a person to exercise the Director General's functions under this Chapter.4The Chief Constable of the Police Service of Northern Ireland may authorise a person to exercise the Chief Constable's functions under this Chapter.5The Director of Public Prosecutions may authorise a person to exercise the Director's functions under this Chapter.6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7The Director of Public Prosecutions for Northern Ireland may authorise a person to exercise the Director's functions under this Chapter.Public interest immunity82Nothing in this Chapter affects the common law rules as to the withholding of information on the grounds of public interest immunity.Review831The Secretary of State must review the operation of this Chapterin England and Wales and prepare a report of that review.2The 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.3The Department of Justice in Northern Ireland must review the operation of this Chapter in Northern Ireland and prepare a report of that review.4The 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.5Section 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.Application to armed forces841Subject 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.2The 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.3An 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.4In this section—a“service offence” has the meaning given by section 50(2) of the Armed Forces Act 2006 (c. 52);breferences to charges are to charges brought under Part 5 of that Act.Interpretation of this Chapter851In this Chapter—“enactment” means an enactment contained in or in an instrument made by virtue of—an Act of Parliament,a Measure or Act of the National Assembly for Wales, orNorthern Ireland legislation;“investigation anonymity order” has the meaning given by section 76;“qualifying criminal investigation” has the meaning given by section 75;“qualifying offence” has the meaning given by section 74.2In the application of this Chapter to Northern Ireland—areferences to a justice of the peace are to be read as references to a district judge (magistrates' courts);breferences to a judge of the Crown Court are to be read as references to a county court judge.Chapter 2Anonymity of witnesses<Emphasis>Witness anonymity orders</Emphasis>Witness anonymity orders861In 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.2The 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—athat the witness's name and other identifying details may be—iwithheld;iiremoved from materials disclosed to any party to the proceedings;bthat the witness may use a pseudonym;cthat the witness is not asked questions of any specified description that might lead to the identification of the witness;dthat the witness is screened to any specified extent;ethat the witness's voice is subjected to modulation to any specified extent.3Subsection (2) does not affect the generality of subsection (1).4Nothing in this section authorises the court to require—athe witness to be screened to such an extent that the witness cannot be seen by—ithe judge or other members of the court (if any), oriithe jury (if there is one);bthe 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).5In this section “specified” means specified in the witness anonymity order concerned.Applications871An 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.2Where an application is made by the prosecutor, the prosecutor—amust (unless the court directs otherwise) inform the court of the identity of the witness, butbis not required to disclose in connection with the application—ithe identity of the witness, oriiany information that might enable the witness to be identified,to any other party to the proceedings or his or her legal representatives.3Where an application is made by the defendant, the defendant—amust inform the court and the prosecutor of the identity of the witness, butb(if there is more than one defendant) is not required to disclose in connection with the application—ithe identity of the witness, oriiany information that might enable the witness to be identified,to any other defendant or his or her legal representatives.4Accordingly, 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—athe identity of the witness, orbany 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.6The court must give every party to the proceedings the opportunity to be heard on an application under this section.7But 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.8Nothing in this section is to be taken as restricting any power to make rules of court.Conditions for making order881This section applies where an application is made for a witness anonymity order to be made in relation to a witness in criminal proceedings.2The court may make such an order only if it is satisfied that Conditions A to C below are met.3Condition A is that the proposed order is necessary—ain order to protect the safety of the witness or another person or to prevent any serious damage to property, orbin 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).4Condition 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.5Condition C is that the importance of the witness's testimony is such that in the interests of justice the witness ought to testify and—athe witness would not testify if the proposed order were not made, orbthere would be real harm to the public interest if the witness were to testify without the proposed order being made.6In 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—athat the witness or another person would suffer death or injury, orbthat there would be serious damage to property,if the witness were to be identified.Relevant considerations891When 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—athe considerations mentioned in subsection (2) below, andbsuch other matters as the court considers relevant.2The considerations are—athe general right of a defendant in criminal proceedings to know the identity of a witness in the proceedings;bthe 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;cwhether evidence given by the witness might be the sole or decisive evidence implicating the defendant;dwhether the witness's evidence could be properly tested (whether on grounds of credibility or otherwise) without his or her identity being disclosed;ewhether there is any reason to believe that the witness—ihas a tendency to be dishonest, oriihas 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;fwhether 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.Warning to jury901Subsection (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.2The 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.<Emphasis>Discharge and variation</Emphasis>Discharge or variation of order911A 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.2The court may do so—aon an application made by a party to the proceedings if there has been a material change of circumstances since the relevant time, orbon its own initiative.3The court must give every party to the proceedings the opportunity to be heard—abefore determining an application made to it under subsection (2);bbefore discharging or varying the order on its own initiative.4But 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—athe time when the order was made, orbif a previous application has been made under subsection (2), the time when the application (or the last application) was made.Discharge or variation after proceedings921This section applies if—aa court has made a witness anonymity order in relation to a witness in criminal proceedings (“the old proceedings”), andbthe old proceedings have come to an end.2The 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—athe provisions of sections 88 and 89 that apply to the making of a witness anonymity order, andbsuch other matters as the court considers relevant.3The court may do so—aon an application made by a party to the old proceedings if there has been a material change of circumstances since the relevant time, orbon an application made by the witness if there has been a material change of circumstances since the relevant time.4The 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—ait has given the person the opportunity to be heard, orbit is satisfied that it is not reasonably practicable to communicate with the person.5Subsection (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—athe time when the old proceedings came to an end, orbif a previous application has been made under subsection (3), the time when the application (or the last application) was made.Discharge or variation by appeal court931This section applies if—aa court has made a witness anonymity order in relation to a witness in criminal proceedings (“the trial proceedings”), andba defendant in the trial proceedings has in those proceedings—ibeen convicted,iibeen found not guilty by reason of insanity, oriiibeen found to be under a disability and to have done the act charged in respect of an offence.2The 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—athe provisions of sections 88 and 89 that apply to the making of a witness anonymity order, andbsuch other matters as the court considers relevant.3The appeal court may not discharge or vary the order unless in the case of each party to the trial proceedings—ait has given the person the opportunity to be heard, orbit is satisfied that it is not reasonably practicable to communicate with the person.4But 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.5In this section a reference to the doing of an act includes a reference to a failure to act.6“Appeal court” means—athe Court of Appeal,bthe Court of Appeal in Northern Ireland, orcthe Court Martial Appeal Court.<Emphasis>Service courts</Emphasis>Special provisions for service courts941Subsections (2) and (3) apply in relation to a service court consisting of a judge advocate and other members.2Any decision falling to be made by the court under sections 86 to 92 is to be made by the judge advocate alone.3If 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.<Emphasis>Public interest immunity</Emphasis>Public interest immunity95Nothing in this Chapter affects the common law rules as to the withholding of information on the grounds of public interest immunity.<Emphasis>The Criminal Evidence (Witness Anonymity) Act 2008</Emphasis>Power to make orders under the 2008 Act96Sections 1 to 9 and 14 of the Criminal Evidence (Witness Anonymity) Act 2008 (c. 15) cease to have effect.<Emphasis>Interpretation</Emphasis>Interpretation of this Chapter971In this Chapter—“court” means—in relation to England and Wales, a magistrates' court, the Crown Court or the criminal division of the Court of Appeal,in relation to Northern Ireland, a magistrates' court, the Crown Court, a county court exercising its criminal jurisdiction, the High Court or the Court of Appeal in Northern Ireland, ora service court;“criminal proceedings” means—in relation to a court within paragraph (a) or (b) above (other than the High Court in Northern Ireland), criminal proceedings consisting of a trial or other hearing at which evidence falls to be given;in relation to the High Court in Northern Ireland, proceedings relating to bail in respect of a person charged with or convicted of an offence where the proceedings consist of a hearing at which evidence falls to be given;in relation to a service court, proceedings in respect of a service offence consisting of a trial or other hearing at which evidence falls to be given;“the defendant”, in relation to any criminal proceedings, means any person charged with an offence to which the proceedings relate (whether or not convicted);“prosecutor” means any person acting as prosecutor, whether an individual or body;“service court” means—the Court Martial established by the Armed Forces Act 2006 (c. 52),the Summary Appeal Court established by that Act,the Service Civilian Court established by that Act, orthe Court Martial Appeal Court;“service offence” has the meaning given by section 50(2) of the Armed Forces Act 2006 (c. 52);“witness”, in relation to any criminal proceedings, means any person called, or proposed to be called, to give evidence at the trial or hearing in question;“witness anonymity order” has the meaning given by section 86.2In 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 3Vulnerable and intimidated witnesses<Emphasis>Special measures for vulnerable and intimidated witnesses</Emphasis>Eligibility for special measures: age of child witnesses981The Youth Justice and Criminal Evidence Act 1999 (c. 23) is amended as follows.2In section 16(1)(a) (witnesses eligible because under 17), for “17” substitute “ 18 ”.3In section 21 (special provisions relating to child witnesses)—ain subsection (8), for “17” substitute “ 18 ”, andbin subsection (9)(b), for “17” substitute “ 18 ”.4In section 22 (extension of section 21 to certain witnesses)—ain the title, for “17” substitute “ 18 ”, andbin subsection (1)(a)(ii), for “17” substitute “ 18 ”.Eligibility for special measures: offences involving weapons991The Youth Justice and Criminal Evidence Act 1999 is amended as follows.2In section 17 (witnesses eligible for assistance on grounds of fear or distress about testifying), after subsection (4) add—5A 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.6For the purposes of subsection (5) an offence is a relevant offence if it is an offence described in Schedule 1A.7The Secretary of State may by order amend Schedule 1A.3In section 64(3) (orders subject to affirmative resolution procedure), in paragraph (a) after “section” insert “ 17(7), ”.4Before Schedule 2 insert the Schedule 1A set out in Schedule 14 to this Act.Special measures directions for child witnesses1001Section 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).2In subsection (1) (definitions), omit paragraph (b) (child witnesses in need of special protection) (but not the “and” following it).3In subsection (2) (determining contents of direction), for “(7)” substitute “ (4C) ”.4In subsection (4) (limitations on primary rule)—aomit the “and” at the end of paragraph (b), andbafter paragraph (b) insert—baif 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.5After subsection (4) insert—4AWhere 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.4BThe requirement in subsection (4A) is subject to the following limitations—aif 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; andbthe 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).6After subsection (4B) (inserted by subsection (5)) insert—4CIn 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)—athe age and maturity of the witness;bthe 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);cthe relationship (if any) between the witness and the accused;dthe witness's social and cultural background and ethnic origins;ethe nature and alleged circumstances of the offence to which the proceedings relate.7Omit subsections (5) to (7).8In section 22 of that Act (extension of provisions of section 21)—ain subsection (1), omit paragraph (b) (but not the “and” following it), andbfor subsection (2) substitute—2Subsections (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).Special provisions relating to sexual offences101After section 22 of the Youth Justice and Criminal Evidence Act 1999 (c. 23) insert—Special provisions relating to sexual offences22A1This 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.2This section does not apply if the place of trial is a magistrates' court.3This 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).4If 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).5Subsection (6) applies if—aa party to the proceedings makes a request under subsection (4) with respect to the complainant, andbthe court determines for the purposes of section 19(2) that the complainant is eligible for assistance by virtue of section 16(1)(b) or 17.6The court must—afirst have regard to subsections (7) to (9); andbthen 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.7The court must give a special measures direction in relation to the complainant that provides for any relevant recording to be admitted under section 27.8The requirement in subsection (7) has effect subject to section 27(2).9The 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).10In 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.Evidence by live link: presence of supporter1021In section 24 of the Youth Justice and Criminal Evidence Act 1999 (c. 23) (evidence by live link), after subsection (1) insert—1ASuch a direction may also provide for a specified person to accompany the witness while the witness is giving evidence by live link.1BIn determining who may accompany the witness, the court must have regard to the wishes of the witness.2In section 27 of that Act (video recorded evidence in chief), after subsection (9) insert—9AIf 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.Video recorded evidence in chief: supplementary testimony1031Section 27 of the Youth Justice and Criminal Evidence Act 1999 (video recorded evidence in chief) is amended as follows.2In subsection (5) (consequences of admitting video recording), for paragraph (b) substitute—bthe 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.3In subsection (7) (giving permission for additional testimony)—afor “subsection (5)(b)(ii)” substitute “ subsection (5)(b) ”, andbin paragraph (a) (requirement of a material change of circumstances since the relevant time), omit from “if there” to “relevant time,”.4Omit subsection (8) (definition of “the relevant time”).5In subsection (9) (supplementary testimony by live link), for “subsection (5)(b)(ii)” substitute “ subsection (5)(b) ”.<Emphasis>Evidence of certain accused persons</Emphasis>Examination of accused through intermediary1041After section 33B of the Youth Justice and Criminal Evidence Act 1999 (c. 23) insert—Examination of accused through intermediary33BA1This section applies to any proceedings (whether in a magistrates' court or before the Crown Court) against a person for an offence.2The court may, on the application of the accused, give a direction under subsection (3) if it is satisfied—athat the condition in subsection (5) is or, as the case may be, the conditions in subsection (6) are met in relation to the accused, andbthat making the direction is necessary in order to ensure that the accused receives a fair trial.3A 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”).4The function of an intermediary is to communicate—ato the accused, questions put to the accused, andbto 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.5Where 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.6Where the accused has attained the age of 18 when the application is made the conditions are that—athe 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, andbthe accused is for that reason unable to participate effectively in the proceedings as a witness giving oral evidence in court.7Any 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—athe 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,bthe jury (if there is one) are able to see and hear the examination of the accused, andcwhere 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.8Where 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.9A 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.10Section 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.Further provision as to directions under section 33BA(3)33BB1The 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).2The 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.3The court may exercise the power in subsection (1) or (2) of its own motion or on an application by a party.4The court must state in open court its reasons for—agiving, varying or discharging a direction under section 33BA(3), orbrefusing 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.2In the heading of Chapter 1A of Part 2 of that Act, after “live link” insert “ and intermediary ”.<Emphasis>Witnesses protected from cross-examination by accused in person</Emphasis>Age of child complainant105In 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 ”.Chapter 4Live linksDirections to attend through live link1061The Crime and Disorder Act 1998 (c. 37) is amended as follows.2In section 57B (use of live link at preliminary hearings where accused is in custody), after subsection (6) add—7The following functions of a magistrates' court under this section may be discharged by a single justice—agiving a live link direction under this section;brescinding a live link direction before a preliminary hearing begins; andcrequiring or permitting a person to attend by live link a hearing about a matter within paragraph (a) or (b).3In section 57C (use of live link at preliminary hearings where accused is at police station)—aafter subsection (6) insert—6AA 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.,bomit subsection (7) (no live link direction unless accused consents),cin subsection (8) (power to rescind live link direction before or during hearing), omit “before or”, anddin subsection (9) (representations about use of live link), omit paragraph (a) (and the “and” following it).4In section 57D (continued use of live link for sentencing hearing following a preliminary hearing)—ain subsection (2) (conditions for use of live link)—iomit paragraph (b) (but not the “and” following it), andiiin 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. ”, andbin subsection (3) (conditions for giving oral evidence by live link), omit paragraph (a) (and the “and” following it).5In section 57E (use of live link in sentencing hearings)—ain subsection (5) (conditions for giving live link direction), omit paragraph (a) (and the “and” following it), andbin subsection (7) (conditions for giving oral evidence by live link), omit paragraph (a) (and the “and” following it).Answering to live link bail1071The Police and Criminal Evidence Act 1984 (c. 60) is amended as follows.2In section 46ZA (persons granted live link bail)—ain subsection (3) (accused persons who answer to live link bail and are treated as in police detention)—iomit paragraph (a)(persons not intending to consent to live link direction),iiin 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, ”,iiiomit paragraph (c)(persons not giving consent during proceedings in relation to a live link direction) (but not the “or” following it), andivin paragraph (d), for “any other reason” substitute “ any reason ”, andbin 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 ”.3In 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.Searches of persons answering to live link bail1081After section 54A of the Police and Criminal Evidence Act 1984 (c. 60) insert—Searches of persons answering to live link bail54B1A constable may search at any time—aany person who is at a police station to answer to live link bail; andbany article in the possession of such a person.2If 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.3The grounds are that the thing—amay jeopardise the maintenance of order in the police station;bmay put the safety of any person in the police station at risk; orcmay be evidence of, or in relation to, an offence.4The constable may record or cause to be recorded all or any of the things seized and retained pursuant to subsection (2).5An intimate search may not be carried out under this section.6The constable carrying out a search under subsection (1) must be of the same sex as the person being searched.7In this section “live link bail” means bail granted under Part 4 of this Act subject to the duty mentioned in section 47(3)(b).Power to retain articles seized54C1Except 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.2A 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.3If a thing seized under section 54B may be evidence of, or in relation to, an offence, a constable may retain it—afor use as evidence at a trial for an offence; orbfor forensic examination or for investigation in connection with an offence.4Nothing may be retained for either of the purposes mentioned in subsection (3) if a photograph or copy would be sufficient for that purpose.5Nothing in this section affects any power of a court to make an order under section 1 of the Police (Property) Act 1897.6The 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.2In section 46A of that Act (power of arrest for failure to answer to police bail), after subsection (1ZA) insert—1ZBThe 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—aattends at a police station to answer to bail granted subject to the duty mentioned in section 47(3)(b), butbrefuses to be searched under section 54B.3In Part 3 of Schedule 4 to the Police Reform Act 2002 (c. 30) (powers exercisable by detention officers), after paragraph 27 insert—<Emphasis>Searches of persons answering to live link bail</Emphasis>27A1Where 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)—ato carry out a search of any person attending a police station in the relevant police area; andbto seize or retain articles found on such a search.2Anything 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.Use of live link in certain enforcement hearings1091After section 57E of the Crime and Disorder Act 1998 (c. 37) insert—Use of live link in certain enforcement hearings57F1This section applies where—aa confiscation order is made against a person; andbthe amount required to be paid under the order is not paid when it is required to be paid.2If 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.3A 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.4Such a direction—amay be given by the court of its own motion or on an application by a party; andbmay 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.5The court may rescind a live link direction under this section at any time before or during a hearing to which it relates.6The 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.7If 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.8The 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.9If 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—astate in open court its reasons for not doing so; andbcause those reasons to be entered in the register of its proceedings.10The following functions of a magistrates' court under this section may be discharged by a single justice—agiving a live link direction under this section;brescinding a live link direction before a preliminary hearing begins; andcrequiring or permitting a person to attend by live link a hearing about a matter within paragraph (a) or (b).2In section 57A of that Act (introductory)—ain subsection (1)—iin paragraph (a), after “an offence” insert “ and enforcement hearings relating to confiscation orders ”, andiiin paragraph (b), for “and 57E” substitute “ , 57E and 57F ”, andbin subsection (3), at the appropriate place insert—“confiscation order” means an order made under—asection 71 of the Criminal Justice Act 1988;bsection 2 of the Drug Trafficking Act 1994; orcsection 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;.3In the title of Part 3A of that Act, for “and Sentencing” substitute “ , Sentencing and other ”.Direction of registrar for appeal hearing by live link110In 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—aato give a live link direction under section 22(4);.Chapter 5Miscellaneous<Emphasis>Evidence by video recording</Emphasis>Effect of admission of video recording111In 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).<Emphasis>Evidence of previous complaints</Emphasis>Admissibility of evidence of previous complaints112In 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).<Emphasis>Immunity etc</Emphasis>Powers in respect of offenders who assist investigations and prosecutions1131Chapter 2 of Part 2 of the Serious Organised Crime and Police Act 2005 (c. 15) is amended as follows.2In section 71 (assistance by offender: immunity from prosecution), in subsection (1) (immunity notice)—afor “any offence” substitute “ an indictable offence or an offence triable either way ”, andbafter “prosecution”, in second place it occurs, insert “ for any offence ”.3In subsection (4) of that section (specified prosecutors)—aafter paragraph (d) insert—dathe Financial Services Authority;dbthe Secretary of State for Business, Innovation and Skills, acting personally;, andbin paragraph (e) for “(d)” substitute “ (db) ”.4After subsection (6) of that section insert—6AIn 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—aone prosecutor (a “chief prosecutor”) to act at any one time, andban alternative prosecutor (a “deputy prosecutor”) to act as a specified prosecutor—iwhen the chief prosecutor is unavailable, oriiduring any period when no chief prosecutor is designated.6BParagraph 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.6CAn 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.5In 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 ”.6In subsection (2)(a) of that section, at the beginning insert “ any ”.7After section 75A insert—Guidance about use of powers under sections 71 to 7475B1The Attorney General may issue guidance to specified prosecutors about the exercise by them of any of their powers under sections 71 to 74.2The Attorney General may from time to time revise any guidance issued under this section.3In this section “specified prosecutor” is to be construed in accordance with section 71.<Emphasis>Bail</Emphasis>Bail: risk of committing an offence causing injury1141Part 1 of Schedule 1 to the Bail Act 1976 (c. 63) (defendants accused or convicted of imprisonable offences) is amended as follows.2After paragraph 6 insert—<P1><Pnumber PuncAfter="">6ZA</Pnumber><P1para><Text>If 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.</Text></P1para></P1></P1group></BlockAmendment></P2para></P2><P2 DocumentURI="http://www.legislation.gov.uk/ukpga/2009/25/section/114/3" IdURI="http://www.legislation.gov.uk/id/ukpga/2009/25/section/114/3" id="section-114-3"><Pnumber>3</Pnumber><P2para><Text>In paragraph 9 (matters to which court is to have regard when taking decisions about granting bail)—</Text><P3 DocumentURI="http://www.legislation.gov.uk/ukpga/2009/25/section/114/3/a" IdURI="http://www.legislation.gov.uk/id/ukpga/2009/25/section/114/3/a" id="section-114-3-a"><Pnumber>a</Pnumber><P3para><Text>after “6A” insert <InlineAmendment>“ or of the opinion mentioned in paragraph 6ZA ”</InlineAmendment>, and</Text></P3para></P3><P3 DocumentURI="http://www.legislation.gov.uk/ukpga/2009/25/section/114/3/b" IdURI="http://www.legislation.gov.uk/id/ukpga/2009/25/section/114/3/b" id="section-114-3-b"><Pnumber>b</Pnumber><P3para><Text>after paragraph (d) insert—</Text><BlockAmendment TargetClass="unknown" TargetSubClass="unknown" Context="unknown" Format="default"><P3><Pnumber>e</Pnumber><P3para><Text>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,</Text></P3para></P3></BlockAmendment><AppendText>.</AppendText></P3para></P3></P2para></P2></P1para></P1></P1group><P1group RestrictStartDate="2010-02-01"><Title>Bail decisions in murder cases to be made by Crown Court judge1151A person charged with murder may not be granted bail except by order of a judge of the Crown Court.2Subsections (3) and (4) apply where a person appears or is brought before a magistrates' court charged with murder.3A 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.4The 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.5For the purposes of subsections (3) and (4), it is immaterial whether the magistrates' court—asends the person to the Crown Court for trial, orbadjourns proceedings under section 52(5) of the Crime and Disorder Act 1998 (c. 37) and remands the person.6In this section a reference to a person charged with murder includes a person charged with murder and one or more other offences.7For 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.<Emphasis>Unsigned indictments</Emphasis>Indictment of offenders1161In the Administration of Justice (Miscellaneous Provisions) Act 1933 (c. 36)—ain section 2 (procedure for indictment of offenders), in subsection (1) omit—ifrom “, and where” to “the bill,”, andiifrom “Provided” to the end,bin subsection (3) of that section—iafter “indictment”, in first place it occurs, insert “ has been ”, andiiomit “has been signed by the proper officer of the court”,cafter subsection (6) of that section, insert—6ZAWhere 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).6ZBFor 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.6ZCThe 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., anddin paragraph 1 of Schedule 2 (consequential adaptations of enactments)—ifor “respectively references” substitute “ reference ”, andiiomit “and signing”.2In section 82 of the Supreme Court Act 1981 (c. 54) (duties of officers of Crown Court), in subsection (1) omit “the signing of indictments,”.<Emphasis>Detention of terrorist suspects</Emphasis>Detention of persons under section 41 of the Terrorism Act 20001171Section 36 of the Terrorism Act 2006 (c. 11) (review of terrorism legislation) is amended in accordance with subsections (2) and (3).2After subsection (2) insert—2AA review under subsection (2) may, in particular, consider whether—athe requirements imposed by or under Part 1 or 2, or paragraph 37, of Schedule 8 to the Terrorism Act 2000 (detention of suspected terrorists), andbthe 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.3In subsection (3) for “That person” substitute “ The person appointed under subsection (1) ”.4Section 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).5After subsection (1) insert—1AEvery police authority must ensure—athat 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, andbthat 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).6In subsection (3), after paragraph (b) insert—bain 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;.7After that subsection insert—3AThe 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—ait appears to an officer of or above the rank of inspector that there are grounds for denying access at the time it is requested;bthe grounds are grounds specified for the purposes of paragraph (a) in the arrangements; andcthe procedural requirements imposed by the arrangements in relation to a denial of access to such recordings are complied with.3BGrounds 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).8For subsection (10) substitute—10In this section—“detainee”, in relation to arrangements made under this section, means a person detained in a police station in the police area of the police authority;“suspected terrorist detainee” means a detainee detained under section 41 of the Terrorism Act 2000. Part 4 SentencingChapter 1Sentencing Council for England and Wales<Emphasis>Sentencing Council for England and Wales</Emphasis>Sentencing Council for England and Wales1181There is to be a Sentencing Council for England and Wales.2Schedule 15 makes provision about the Council.Annual report1191The 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.2The Lord Chancellor must lay a copy of the report before Parliament.3The Council must publish the report once a copy has been so laid.4Sections 128(3), 130 and 131 make further provision about the content of reports under this section.5If 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.<Emphasis>Guidelines</Emphasis>Sentencing guidelines1201In this Chapter “sentencing guidelines” means guidelines relating to the sentencing of offenders.2A sentencing guideline may be general in nature or limited to a particular offence, particular category of offence or particular category of offender.3The Council must prepare—asentencing guidelines about the discharge of a court's duty under section 73 of the Sentencing Code (reduction in sentences for guilty pleas), andbsentencing guidelines about the application of any rule of law as to the totality of sentences.4The Council may prepare sentencing guidelines about any other matter.5Where the Council has prepared guidelines under subsection (3) or (4), it must publish them as draft guidelines.6The Council must consult the following persons about the draft guidelines—athe Lord Chancellor;bsuch persons as the Lord Chancellor may direct;cthe 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);dsuch other persons as the Council considers appropriate.7In 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.8In any other case, the Council may, after making such amendments, issue them as definitive guidelines.9The Council may, from time to time, review the sentencing guidelines issued under this section, and may revise them.10Subsections (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)).11When exercising functions under this section, the Council must have regard to the following matters—athe sentences imposed by courts in England and Wales for offences;bthe need to promote consistency in sentencing;cthe impact of sentencing decisions on victims of offences;dthe need to promote public confidence in the criminal justice system;ethe cost of different sentences and their relative effectiveness in preventing re-offending;fthe results of the monitoring carried out under section 128.Sentencing ranges1211When 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).2The 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.3Those factors are—athe offender's culpability in committing the offence;bthe harm caused, or intended to be caused or which might foreseeably have been caused, by the offence;csuch other factors as the Council considers to be particularly relevant to the seriousness of the offence in question.4The guidelines should—aspecify 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, andbif 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.5The guidelines should also—aspecify the sentencing starting point in the offence range, orbif 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.6The 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,blist any other mitigating factors which the Council considers are relevant in mitigation of sentence for the offence, andcinclude 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.7For the purposes of subsection (6)(b) the following are to be disregarded—athe requirements of section 73 of the Sentencing Code (reduction in sentences for guilty pleas);b sections 74, 387 and 388 of the Sentencing Code (assistance by defendants: reduction or review of sentence) and any other rule of law by virtue of which an offender may receive a discounted sentence in consequence of assistance given (or offered to be given) by the offender to the prosecutor or investigator of an offence;cany rule of law as to the totality of sentences.8The 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.9The provision made in accordance with subsections (2) to (8) may be different for different circumstances or cases involving the offence.10The sentencing starting point in the offence range—afor 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—ibefore taking account of the factors mentioned in subsection (6), andiiassuming the offender has pleaded not guilty, andbwhere 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—ibefore taking account of the factors mentioned in subsection (6), andiiassuming the offender has pleaded not guilty.Allocation guidelines1221In this Chapter “allocation guidelines” means guidelines relating to adecisions by a magistrates' court under section 19 of the Magistrates' Courts Act 1980 (c. 43) ... as to whether an offence is more suitable for summary trial or trial on indictmentbdecisions 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. 2The Council may prepare allocation guidelines.3Where the Council has prepared guidelines under subsection (2), it must publish them as draft guidelines.4The Council must consult the following persons about the draft guidelines—athe Lord Chancellor;bsuch persons as the Lord Chancellor may direct;cthe 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);dsuch other persons as the Council considers appropriate.5The Council may, after making any amendment of the draft guidelines which it considers appropriate, issue the guidelines as definitive guidelines.6The Council may, from time to time, review the allocation guidelines issued under this section, and may revise them.7Subsections (3) to (5) apply to a revision of the guidelines as they apply to their preparation.8When exercising functions under this section, the Council must have regard to—athe need to promote consistency in decisions of the kind mentioned in subsection (1), andbthe results of the monitoring carried out under section 128.Preparation or revision of guidelines in urgent cases1231This section applies where the Council—adecides to prepare or revise sentencing guidelines or allocation guidelines, andbis 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 122.2The Council may prepare or revise the guidelines without complying with—ain the case of sentencing guidelines, section 120(5), andbin the case of allocation guidelines, section 122(3).3The Council may—ain 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), andbin 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).4The guidelines or revised guidelines must—astate that the Council was of the opinion mentioned in subsection (1)(b), andbgive the Council's reasons for that opinion.Proposals by Lord Chancellor or Court of Appeal1241The Lord Chancellor may propose to the Council—athat sentencing guidelines be prepared or revised by the Council under section 120—iin relation to a particular offence, particular category of offence or particular category of offenders, oriiin relation to a particular matter affecting sentencing;bthat allocation guidelines be prepared or revised by the Council under section 122.2Subsection (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”).3The appeal court may propose to the Council that sentencing guidelines be prepared or revised by the Council under section 120—ain relation to the relevant offence, orbin relation to a category of offences within which the relevant offence falls.4A proposal under subsection (3) may be included in the appeal court's judgment in the appeal.5If the Council receives a proposal under subsection (1) or (3) to prepare or revise any guidelines, it must consider whether to do so.6For the purposes of this section, the appeal court is seised of an appeal against a sentence if—athe 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), orbin 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.7For 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.8This 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.<Emphasis>Duties of the court</Emphasis>Sentencing guidelines: duty of court125. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Determination of tariffs etc126. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Emphasis>Other functions of the Council</Emphasis>Resource implications of guidelines1271This section applies where the Council—apublishes draft guidelines under section 120 or 122, orbissues guidelines as definitive guidelines under either of those sections.2The Council must publish a resource assessment in respect of the guidelines.3A resource assessment in respect of any guidelines is an assessment by the Council of the likely effect of the guidelines on—athe resources required for the provision of prison places,bthe resources required for probation provision, andcthe resources required for the provision of youth justice services.4The resources assessment must be published—ain a case within subsection (1)(a), at the time of publication of the draft guidelines;bin 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.5The 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.Monitoring1281The Council must—amonitor the operation and effect of its sentencing guidelines, andbconsider what conclusions can be drawn from the information obtained by virtue of paragraph (a).2The Council must, in particular, discharge its duty under subsection (1)(a) with a view to drawing conclusions about—athe frequency with which, and extent to which, courts depart from sentencing guidelines;bthe factors which influence the sentences imposed by courts;cthe effect of the guidelines on the promotion of consistency in sentencing;dthe effect of the guidelines on the promotion of public confidence in the criminal justice system.3When reporting on the exercise of its functions under this section in its annual report for a financial year, the Council must include—aa summary of the information obtained under subsection (1)(a), andba report of any conclusions drawn by the Council under subsection (1)(b).Promoting awareness1291The Council must publish, at such intervals as it considers appropriate—ain relation to each local justice area, information regarding the sentencing practice of the magistrates' courts acting in that area, andbin 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.2The Council may promote awareness of matters relating to the sentencing of offenders by courts in England and Wales, including, in particular—athe sentences imposed by courts in England and Wales;bthe cost of different sentences and their relative effectiveness in preventing re-offending;cthe operation and effect of guidelines under this Chapter.3For 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).Resources: effect of sentencing practice1301The annual report for a financial year must contain a sentencing factors report.2A 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—athe resources required for the provision of prison places;bthe resources required for probation provision;cthe resources required for the provision of youth justice services.Resources: effect of factors not related to sentencing1311The annual report for a financial year must contain a non-sentencing factors report.2The Council may, at any other time, provide the Lord Chancellor with a non-sentencing factors report, and may publish that report.3A 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.4Non-sentencing factors are factors which do not relate to the sentencing practice of the courts, and include—athe recalling of persons to prison;bbreaches of orders within subsection (5);cpatterns of re-offending;ddecisions or recommendations for release made by the Parole Board;ethe early release under discretionary powers of persons detained in prison;fthe remanding of persons in custody.5The orders within this subsection are—acommunity orders (within the meaning given by section 200 of the Sentencing Code),bsuspended sentence orders (within the meaning given by section 286 of that Code), andcyouth rehabilitation orders (within the meaning given by section 173 of that Code).Duty to assess impact of policy and legislative proposals1321This 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—athe resources required for the provision of prison places;bthe resources required for probation provision;cthe resources required for the provision of youth justice services.2For the purposes of subsection (1)—“government policy proposal” includes a policy proposal of the Welsh Ministers;“government proposal for legislation” includes a proposal of the Welsh Ministers for legislation.3The Council must assess the likely effect of the proposal on the matters mentioned in paragraphs (a) to (c) of subsection (1).4The Council must prepare a report of the assessment and send the report—ato the Lord Chancellor, andbif the report relates to a proposal of the Welsh Ministers, to the Welsh Ministers.5A single report may be prepared of the assessments relating to 2 or more proposals.6If 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.7If the Welsh Ministers receive a report under subsection (4) they must lay a copy of it before the National Assembly for Wales.8The Council must publish a report which has been laid in accordance with subsections (6) and (7).9In this section “legislation” means—aan Act of Parliament if, or to the extent that, it extends to England and Wales;bsubordinate legislation made under an Act of Parliament if, or to the extent that, the subordinate legislation extends to England and Wales;ca Measure or Act of the National Assembly for Wales or subordinate legislation made under such a Measure or Act.<Emphasis>Lord Chancellor's functions</Emphasis>Assistance by the Lord Chancellor133The Lord Chancellor may provide the Council with such assistance as it requests in connection with the performance of its functions.Entrenchment of Lord Chancellor's functions134In Schedule 7 to the Constitutional Reform Act 2005 (c. 4) (protected functions of the Lord Chancellor), in Part A of paragraph 4—afor 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), andbafter 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 133Schedule 15.<Emphasis>Miscellaneous and general</Emphasis>Abolition of existing sentencing bodies135The following are abolished—athe Sentencing Guidelines Council;bthe Sentencing Advisory Panel.Interpretation of this Chapter136In this Chapter, except where the context otherwise requires—“allocation guidelines” has the meaning given by section 122;“annual report” means a report made under section 119;“the category range” has the meaning given by section 121(4)(b);“the Council” means the Sentencing Council for England and Wales;“definitive sentencing guidelines” means sentencing guidelines issued by the Council under section 120 as definitive guidelines, as revised by any subsequent guidelines so issued;“financial year” means a period of 12 months ending with 31 March;“the offence range” has the meaning given by section 121(4)(a);“prison”—includes any youth detention accommodation within the meaning of section 248(1) of the Sentencing Code (detention and training orders), butdoes not include any naval, military or air force prison;“probation provision” has the meaning given by section 2 of the Offender Management Act 2007 (c. 21);“sentence”, in relation to an offence, includes any order made by a court when dealing with the offender in respect of the offender's offence, and “sentencing” is to be construed accordingly;“sentencing guidelines” has the meaning given by section 120;“the sentencing starting point”, in relation to the offence range, has the meaning given by section 121(10);“youth justice services” has the meaning given by section 38(4) of the Crime and Disorder Act 1998 (c. 37).Chapter 2Other provisions relating to sentencing<Emphasis>Driving disqualification</Emphasis>Extension of driving disqualification137Schedule 16 makes provision about the extension of disqualification for holding or obtaining a driving licence in certain circumstances.<Emphasis>Dangerous offenders</Emphasis>Dangerous offenders: terrorism offences (England and Wales)138. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Dangerous offenders: terrorism offences (Northern Ireland)1391Schedule 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).2After paragraph 25 insert—<Emphasis>The Terrorism Act 2000 (c. 11)</Emphasis>25AAn offence under—section 54 (weapons training),section 56 (directing terrorist organisation),section 57 (possession of article for terrorist purposes), orsection 59 (inciting terrorism overseas).3After paragraph 26 insert—<Emphasis>The Anti-terrorism, Crime and Security Act 2001 (c. 24)</Emphasis>26AAn offence under—section 47 (use etc of nuclear weapons),section 50 (assisting or inducing certain weapons-related acts overseas), orsection 113 (use of noxious substance or thing to cause harm or intimidate).4After paragraph 31 insert—<Emphasis>The Terrorism Act 2006 (c. 11)</Emphasis>31ZAAn offence under—section 5 (preparation of terrorist acts),section 6 (training for terrorism),section 9 (making or possession of radioactive device or material),section 10 (use of radioactive device or material for terrorist purposes etc), orsection 11 (terrorist threats relating to radioactive devices etc).5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Emphasis>Confiscation orders</Emphasis>Appeals against certain confiscation orders (England and Wales)1401The Criminal Appeal Act 1968 (c. 19) is amended in accordance with subsections (2) and (3).2In section 11 (supplementary provisions as to appeal against sentence), after subsection (3) insert—3AWhere 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.3BWhen proceeding afresh pursuant to subsection (3A), the Crown Court shall comply with any directions the Court of Appeal may make.3CThe 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).3DFor the purposes of this section—“confiscation order” means a confiscation order made under—section 1 of the Drug Trafficking Offences Act 1986,section 71 of the Criminal Justice Act 1988,section 2 of the Drug Trafficking Act 1994, orsection 6 of the Proceeds of Crime Act 2002;“relevant enactment”, in relation to a confiscation order quashed under subsection (3)(a), means the enactment under which the order was made.3After that section insert—Quashing of certain confiscation orders: supplementary11A1This section applies where the Court of Appeal—aquash a confiscation order under section 11(3)(a) (“the quashed order”), andbunder section 11(3A), direct the Crown Court to proceed afresh under the relevant enactment.2Nothing 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).3Nothing 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.4In this section “confiscation order” and “relevant enactment” have the same meaning as in section 11(3D).Appeals against certain confiscation orders (Northern Ireland)1411The Criminal Appeal (Northern Ireland) Act 1980 (c. 47) is amended in accordance with subsections (2) and (3).2In section 10 (supplementary provisions as to appeals against sentence), after subsection (3) insert—3AWhere 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.3BWhen proceeding afresh pursuant to subsection (3A), the Crown Court shall comply with any directions the Court of Appeal may make.3CFor the purposes of this section—“confiscation order” means a confiscation order made under—Article 4 or 5 of the Criminal Justice (Confiscation) (Northern Ireland) Order 1990,Article 8 of the Proceeds of Crime (Northern Ireland) Order 1996, orsection 156 of the Proceeds of Crime Act 2002;“relevant enactment”, in relation to a confiscation order quashed under subsection (3), means the enactment under which the order was made.3After that section insert—Quashing of certain confiscation orders: supplementary10A1This section applies where the Court of Appeal—aquashes a confiscation order under section 10(3) (“the quashed order”), andbunder section 10(3A), directs the Crown Court to proceed afresh under the relevant enactment.2Nothing 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).3Nothing 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.4In this section “confiscation order” and “relevant enactment” have the same meaning as in section 10(3C). Part 5 Miscellaneous criminal justice provisionsCommissioner for Victims and Witnesses1421Part 3 of the Domestic Violence, Crime and Victims Act 2004 (c. 28) (victims etc) is amended as follows.2In section 48 (the Commissioner for Victims and Witnesses)—aomit subsections (3) to (5) (establishment of corporation sole, no Crown status etc), andbfor subsection (6) substitute—6The Secretary of State may pay to, or in respect of, the Commissioner amounts—aby way of remuneration, pensions, allowances or gratuities, orbby way of provision for any such benefits.7The Secretary of State may pay sums in respect of the expenses of the Commissioner.3In section 49 (general functions of Commissioner)—aomit subsection (2)(d) (carrying out of research),bomit subsection (3)(b) (laying of reports before Parliament), andcat the end add—4The Commissioner must prepare in respect of each calendar year a report on the carrying out of the functions of the Commissioner during the year.5The Commissioner must send a copy of each report prepared under subsection (4) to—athe Secretary of State for Justice,bthe Attorney General, andcthe Secretary of State for the Home Department.6Reports under subsection (2)(b) or (4) must be published by the Commissioner.7If 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.4Omit section 50(2) (advice to authorities within Commissioner's remit).5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6Omit Schedule 8 (supplementary provision about the Commissioner for Victims and Witnesses).Implementation of E-Commerce and Services directives: penalties1431Paragraph 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—aDirective 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), orbDirective 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market.2Where a statutory instrument includes provision by virtue of subsection (1)—aif 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;bif 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.3Where 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.Treatment of convictions in other member States etc144Schedule 17 contains—aamendments relating to the treatment of criminal convictions imposed by courts outside England and Wales, andbamendments relating to the treatment of criminal convictions imposed by courts outside Northern Ireland.Transfer to Parole Board of functions under the Criminal Justice Act 1991145. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Retention of knives surrendered or seized (England and Wales)1461The Courts Act 2003 (c. 39) is amended as follows.2In section 55 (powers to retain articles surrendered or seized), after subsection (3) add—4This section is subject to section 55A.3After section 55 insert—Retention of knives surrendered or seized55A1This 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).2Section 55 does not apply.3The 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 56.4If 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.5Without prejudice to the generality of section 56, the Lord Chancellor must by regulations make provision as to—athe procedure to be followed when a knife is retained under this section;bthe making of requests by eligible persons for the return of knives so retained;cthe procedure to be followed when returning a knife pursuant to a request made in accordance with the regulations.6For the purposes of this section—“eligible person”, in relation to a knife retained under this section, means—the person who has surrendered the knife under section 54(1) or from whom the knife has been seized under section 54(2), orany other person specified in regulations made under subsection (5);“knife” includes—a knife-blade, andany other article which—has a blade or is sharply pointed, andis made or adapted for use for causing injury to the person.4In section 56(2)(a), after “section 55” insert “ or section 55A ”.Retention of knives surrendered or seized (Northern Ireland)1471Schedule 3 to the Justice (Northern Ireland) Act 2004 (c. 4) (court security) is amended in accordance with subsections (2) to (4).2In paragraph 5 (power to retain articles surrendered or seized), after sub-paragraph (3) add—4This paragraph is subject to paragraph 5A.3After paragraph 5 insert—Retention of knives surrendered or seized5A1This 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).2Paragraph 5 does not apply.3The 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 6.4If 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.5Without prejudice to the generality of paragraph 6, the Lord Chancellor must by regulations make provision as to—athe procedure to be followed when a knife is retained under this paragraph;bthe making of requests by eligible persons for the return of knives so retained;cthe procedure to be followed when returning a knife pursuant to a request made in accordance with the regulations.6For the purposes of this paragraph—“eligible person”, in relation to a knife retained under this paragraph, means—the person who has surrendered the knife under paragraph 4(1) or from whom the knife has been seized under paragraph 4(2), orany other person specified in regulations made under sub-paragraph (5);“knife” includes—a knife-blade, andany other article which—has a blade or which is sharply pointed, andis made or adapted for use for causing injury to the person.4In paragraph 6(2)(a), after “paragraph 5” insert “ or paragraph 5A ”.5In 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) ”.Security in tribunal buildings1481The Lord Chancellor may, by order—aauthorise 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;bprovide 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.2The 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).3In this section—“court building” has the meaning given by section 52(3) of the Courts Act 2003;“modify” includes amend, add to, repeal or revoke (and modification is to be construed accordingly);“specified” means specified by an order under subsection (1);“tribunal buildings” means any building, or part of a building, to which the public have access (other than a court building)—where the business of any tribunal mentioned in section 39(1) of the Tribunals, Courts and Enforcement Act 2007 (c. 15) is carried on, orwhere the business of any other tribunal designated by the Lord Chancellor, by order, is carried on. Part 6 Legal aid and other payments for legal services<Emphasis>Community Legal Service</Emphasis>Community Legal Service: pilot schemes149. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Excluded services: help in connection with business matters150. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Emphasis>Criminal Defence Service</Emphasis>Criminal Defence Service: information requests151. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Criminal Defence Service: enforcement of order to pay cost of representation152. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Emphasis>General</Emphasis>Statutory instruments relating to the Legal Services Commission153. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Emphasis>Regulation of certain agreements</Emphasis>Damages-based agreements relating to employment matters1541The Courts and Legal Services Act 1990 (c. 41) is amended as follows.2After section 58A insert—"58AADamages-based agreements relating to employment matters58AA1A 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.2But a damages-based agreement which relates to an employment matter and does not satisfy those conditions is unenforceable.3For the purposes of this section—aa 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—ithe 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, andiithe amount of that payment is to be determined by reference to the amount of the financial benefit obtained;ba 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.4The agreement—amust be in writing;bmust not provide for a payment above a prescribed amount or for a payment above an amount calculated in a prescribed manner;cmust comply with such other requirements as to its terms and conditions as are prescribed; anddmust be made only after the person providing services under the agreement has provided prescribed information.5Regulations under subsection (4) are to be made by the Lord Chancellor and may make different provision in relation to different descriptions of agreements.6Before making regulations under subsection (4) the Lord Chancellor must consult—athe designated judges,bthe General Council of the Bar,cthe Law Society, anddsuch other bodies as the Lord Chancellor considers appropriate.7In this section—“payment” includes a transfer of assets and any other transfer of money's worth (and the reference in subsection (4)(b) to a payment above a prescribed amount, or above an amount calculated in a prescribed manner, is to be construed accordingly);“claims management services” has the same meaning as in Part 2 of the Compensation Act 2006 (see section 4(2) of that Act).8Nothing in this section applies to an agreement entered into before the coming into force of the first regulations made under subsection (4).3In section 120(4) (regulations and orders) after “58(4),” insert “ 58AA ”. Part 7 Criminal memoirs etc<Emphasis>Exploitation proceeds orders</Emphasis>Exploitation proceeds orders1551A court may make an exploitation proceeds order in respect of a person if it is satisfied, on the balance of probabilities, that the person—ais a qualifying offender, andbhas obtained exploitation proceeds from a relevant offence.2An 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.3A person obtains exploitation proceeds from a relevant offence if the person derives a benefit from—athe exploitation of any material pertaining to the relevant offence, orbany steps taken or to be taken with a view to such exploitation.4An exploitation proceeds order must—aspecify the recoverable amount, andbidentify the benefits derived by the respondent in respect of which it is made.5The power conferred by subsection (1) is subject to sections 161 and 163.6If 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.7Any sum received by an enforcement authority pursuant to an exploitation proceeds order (including any interest under subsection (6)) must be paid—aif the authority is the Scottish Ministers, into the Scottish Consolidated Fund;bin any other case, into the Consolidated Fund.8In this section—“appropriate rate” means—in the case of an exploitation proceeds order made by the High Court, the rate for the time being specified in section 17 of the Judgments Act 1838 (c. 110) (interest on civil judgment debts), orin the case of an exploitation proceeds order made by the Court of Session, the rate payable under a decree of the Court of Session;“court” means—in relation to England and Wales, the High Court in England and Wales;in relation to Scotland, the Court of Session;in relation to Northern Ireland, the High Court in Northern Ireland;“the respondent”, in relation to an exploitation proceeds order or an application for such an order, means the person against whom the order is made or sought.Qualifying offenders1561In this Part “qualifying offender” means a person who is within subsection (2) or (3) (or both).2A person is within this subsection if (whether before or after the commencement of this Part) the person—ahas been convicted by a court in the United Kingdom of an offence,bhas been found not guilty by such a court of an offence by reason of insanity, orbahas 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), orchas been found by such a court to be under a disability and to have done the act charged in respect of an offence.3A person is within this subsection if—aunder the law in force in a country outside the United Kingdom (and whether before or after the commencement of this Part)—ithe person has been convicted of a foreign offence,iia 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, oriiasuch 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, oriiisuch 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, andbthe person—iis a United Kingdom national,iiis resident in the United Kingdom, oriiiwas resident in the United Kingdom at the time the act which constituted the offence was done.4In subsection (3)—“foreign offence” means an act which—constituted an offence under the law in force in the country concerned,at the time it was done, would have constituted an offence if it had been done in any part of the United Kingdom, andwould constitute an offence if it were done in any part of the United Kingdom at the time the application for an exploitation proceeds order is made in respect of it;“United Kingdom national” means an individual who is—a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,a person who under the British Nationality Act 1981 (c. 61) is a British subject, ora British protected person within the meaning of that Act.5For 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.6In this section a reference to the doing of an act includes a reference to a failure to act.Qualifying offenders: service offences1571In subsection (2) of section 156—aa 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;ba 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.2In subsection (3) of that section—aa reference to a foreign offence includes a foreign service offence;ba 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;ca 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—ia court established under the service law of that country, oriian 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.3For 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—aunder 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;bunder 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;cunder the Armed Forces Act 2006 (c. 52), the recording of a finding that a charge in respect of the offence has been proved;da 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;ea substitution by the Courts-Martial Appeal Court or the Court Martial Appeal Court of a finding of guilty of the offence.4In this section—“foreign service offence” means an act which—was the subject of proceedings under the service law of a country outside the United Kingdom,at the time it was done, would have constituted an offence, or a UK service offence, if it had been done in any part of the United Kingdom by a member of Her Majesty's forces, andwould constitute an offence or a UK service offence if it were done in any part of the United Kingdom by a member of Her Majesty's forces at the time the application for an exploitation proceeds order is made in respect of it;“Her Majesty's forces” has the same meaning as in the Armed Forces Act 2006;“service law”, in relation to a country outside the United Kingdom, means the law governing all or any of the naval, military or air forces of that country;“UK service offence” means an offence triable by a UK service court;and a reference to the doing of an act includes a reference to a failure to act.Qualifying offenders: supplementary1581In 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 “orhin any proceedings brought under Part 7 of the Coroners and Justice Act 2009 (criminal memoirs etc).2In 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 “orgin any proceedings brought under Part 7 of the Coroners and Justice Act 2009 (criminal memoirs etc).3For 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 section 82(2) of the Sentencing Code (conviction with absolute or conditional discharge deemed not to be a conviction);bArticle 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);csection 247(1) and (2) of the Criminal Procedure (Scotland) Act 1995 (c. 46) (effect of probation and absolute discharge);dsection 187(1) of the Armed Forces Act 2006 (c. 52) (conviction with absolute or conditional discharge deemed not to be a conviction);eparagraph 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).Relevant offences1591In this Part “relevant offence”, in relation to a person (“P”), means—aa serious offence by reason of which P is a qualifying offender,ba 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, orca serious offence committed by another person which is associated with—ian offence by reason of which P is a qualifying offender, oriian offence which was taken into consideration by a court in determining the sentence imposed on P for such an offence.2For this purpose an offence is “serious” if—ain 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,bin the case of an offence under the law of Scotland, it is an offence triable only on indictment,cin 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,din the case of a foreign offence, the act constituting the offence—iat 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, andiiwould 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.3Two offences are associated with one another if—athey were committed in the context of the same joint criminal venture, orbsubsection (4) applies.4This subsection applies if one of the offences is—aan offence of inciting the commission of the other offence;ban offence of conspiring to commit the other offence;can 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;dan offence of soliciting (however expressed) the commission of the other offence;ean 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;fan offence of perverting the course of justice in connection with the other offence;gan 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.5In subsection (1)—aa reference to an offence includes a reference to a UK service offence and a foreign service offence, andbthe 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).6Subsection (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—ain the case of a UK service offence—ithe act constituting the offence is a serious offence within subsection (2)(a),iithe act constituting the offence, if done in England and Wales, would be a serious offence within subsection (2)(a), oriiithe offence is within subsection (7);bin the case of a foreign service offence, the act constituting the offence—iat 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, andiiwould 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.7An offence is within this subsection if it is an offence under—asection 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),bsection 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),csection 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),dsection 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),esection 31 of the AA 1955 or of the AFA 1955, section 9 of the NDA 1957 or section 6 of the AFA 2006 (mutiny), orfsection 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).8In subsection (4), the offences listed in paragraphs (a) to (g) include—aany corresponding offence triable by a court exercising jurisdiction in a country outside the United Kingdom,bthe corresponding offences triable by a UK service court, andcany corresponding offence triable by any court or authority of the kind mentioned in section 157(2)(c)(i) or (ii).9In this section—“AA 1955” means the Army Act 1955 (3 & 4 Eliz. 2 c. 18);“act” includes a failure to act (and references to the doing of an act are to be read accordingly);“AFA 1955” means the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19);“AFA 2006” means the Armed Forces Act 2006 (c. 52);“foreign offence” has the same meaning as in section 156;“foreign service offence”, “Her Majesty's services” and “UK service offence” have the same meaning as in section 157;“NDA 1957” means the Naval Discipline Act 1957 (c. 53).Deriving a benefit1601This section applies for the purposes of section 155(3).2The exploitation may be by any means, including—athe publication of any material in written or electronic form;bthe use of any media from which visual images, words or sounds can be produced;clive entertainment, representation or interview.3A 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).4It 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,—awithin or outside the United Kingdom, orbbefore or after the person who committed the relevant offence is convicted of that offence.5But—athe benefit must be derived after the coming into force of section 155, andbwhere 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.6In 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.Applications1611A court may not make an exploitation proceeds order except on the application of an enforcement authority.2“Enforcement authority” means—ain relation to an application to the High Court in England and Wales or to the High Court in Northern Ireland—ithe National Crime Agency, oriia person prescribed or of a description prescribed by order made by the Secretary of State;bin relation to an application to the Court of Session, the Scottish Ministers.3An enforcement authority (other than the Scottish Ministers) may make such an application only with the consent of—ain the case of an application to the High Court in England and Wales, the Attorney General;bin the case of an application to the High Court in Northern Ireland, the Advocate General for Northern Ireland.4The 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).5In subsection (4) “modification” includes an amendment, addition, revocation or repeal.6In 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.<Emphasis>Exercise of power to make orders</Emphasis>Determination of applications1621This section applies where the court to which an application for an exploitation proceeds order is made is satisfied as mentioned in section 155(1).2When 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—amust take account of the matters mentioned in subsection (3), andbmay take account of such other matters as it considers relevant.3Those matters are—athe nature and purpose of the exploitation from which (or intended exploitation in connection with which) the respondent derived the benefit;bthe 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;cthe extent to which the carrying out of the activity or supplying of the product is in the public interest;dthe social, cultural or educational value of the activity or product;ethe seriousness of the relevant offence to which the activity or product relates;fthe 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.4In 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—awhich pertains to the relevant offence in relation to the respondent, andbby 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.Limits on recoverable amount1631The recoverable amount specified in an order must not exceed whichever is the lesser of—athe total value of the benefits identified in the order under section 155(4)(b), andbthe available amount.2The recoverable amount may be a nominal amount.3The benefits identified in the order—amay include any benefit derived by the respondent up to the time the court makes its determination;bmust not include any benefit identified in a previous exploitation proceeds order made against the respondent;cmust 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).4The 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.5If 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.6Where 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.7In this section “the court” means the court making the exploitation proceeds order.The available amount1641The available amount is the total of—athe value of the respondent's relevant assets,bto the extent that any benefits identified in the order are benefits secured for a person other than the respondent, the value of those benefits, andcthe 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.2The 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.3Property is free unless an order or notice (as the case may be) is in force in respect of it under any of these provisions—asection 27 of the Misuse of Drugs Act 1971 (c. 38) (forfeiture orders);bArticle 11 of the Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15)) (deprivation orders);cPart 2 of the Proceeds of Crime (Scotland) Act 1995 (c. 43) (forfeiture of property used in crime);dsection 143 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) or Chapter 4 of Part 7 of the Sentencing Code (deprivation orders);esection 23, 23A or 111 of the Terrorism Act 2000 (c. 11) (forfeiture orders);fsection 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);gsection 297A of the Proceeds of Crime Act 2002 (c. 29) (forfeiture notices).4An obligation has priority if it is an obligation of the respondent—ato 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, orbto 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.5If 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.6In this section—“preferential debts” has the meaning given by section 386 of the Insolvency Act 1986 (c. 45); “preferred debts” has the meaning given by section 129(2) of the Bankruptcy (Scotland) Act 2016; “relevant gift”, in relation to an exploitation proceeds order, means a gift made by the respondent on or after the day on which the respondent first derived any of the benefits identified in the order under section 155(4)(b).Property1651This section applies for the purposes of this Part.2Property is all property wherever situated and includes—amoney;ball forms of real, corporeal or personal property;cthings in action and other intangible or incorporeal property.3The following rules apply in relation to property—aproperty is held by a person if the person holds an interest in it;bproperty is transferred by one person to another if the first one transfers or grants an interest in it to the second;creferences to property held by a person include references to property vested in the person's trustee in bankruptcy, trustee or interim trustee in a sequestration of the person’s estate under the Bankruptcy (Scotland) Act 2016 or liquidator;dreferences to an interest, in relation to land in England and Wales or Northern Ireland, are to any legal estate or equitable interest or power;ereferences 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;freferences to an interest, in relation to property other than land, include references to a right (including a right in possession).4Where 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.<Emphasis>Additional powers</Emphasis>Effect of conviction being quashed etc1661Where 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—athe relevant offence is within paragraph (a) of section 159(1) and the respondent's conviction for it is subsequently quashed, orbthe 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.2Where 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.3Where 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.4Subsection (5) applies where an exploitation proceeds order has been made if—awhere 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, orbwhere 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.5On the application of the respondent (or the respondent's personal representative), the court may—adetermine that the exploitation proceeds order is to cease to have effect, orbreduce the recoverable amount by such amount (if any) as it considers just and reasonable.6Where 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.7Where 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.8An 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—abegins with the day on which the respondent made the payment in accordance with the exploitation proceeds order, andbends with the day before the day on which that sum is repaid to the respondent or the respondent's personal representative.9In the case of an exploitation proceeds order made on the application of the Scottish Ministers—areferences in this section to the Secretary of State are to be read as references to the Scottish Ministers, andbthe 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.9AIn the case of an exploitation proceeds order made in Northern Ireland on the application of an enforcement authority other than the National Crime Agency, references in this section to the Secretary of State are to be read as references to the Department of Justice in Northern Ireland.10In this section—aany 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), andbany reference to a conviction for an offence being quashed includes a reference to—ithe reversal or setting aside of a conviction;iithe substitution of a verdict of acquittal in relation to a finding of the kind mentioned in section 156(2)(b) or (c);iiia finding of the kind mentioned in section 156(3)(a)(ii) or (iii) being quashed;iva finding of the kind mentioned in section 157(2)(b) or (3) being quashed, set aside, reversed or replaced with a verdict of acquittal.11In this section—“the court” means the court which made the exploitation proceeds order;“personal representative” means—in relation to England and Wales, a person who is a personal representative within the meaning of section 55(1) of the Administration of Estates Act 1925 (c. 23),in relation to Scotland, an executor confirmed to the estate of the respondent,in relation to Northern Ireland, a person who is one of the personal representatives within the meaning of the Administration of Estates Act (Northern Ireland) 1955 (c. 24), orany person having, in relation to the respondent, under the law of another country any functions corresponding to the functions of a person falling within paragraph (a), (b) or (c);“the recovered amount”, in relation to an exploitation proceeds order, means the amount (if any) paid by the respondent to an enforcement authority in accordance with the order, reduced by any amount already repaid under subsection (7) and disregarding any interest paid under section 155(6).Powers of court on repeat applications1671This section applies if—aa court makes an exploitation proceeds order (“the earlier order”) in respect of a person, andban application (“the later application”) is then made to the court for another exploitation proceeds order in respect of the same person.2The court may, for the purposes of the later application, adopt any finding of fact made by the court in connection with the earlier order.3Subsection (4) applies where, on the later application, the court is satisfied as mentioned in section 155(1).4If, 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.5For 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.Additional proceeds reporting orders1681A court making an exploitation proceeds order may also make an additional proceeds reporting order in respect of the respondent.2But 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.3An additional proceeds reporting order—acomes into force when it is made, andbhas effect for the period specified in the order, beginning with the date on which it is made.4The period specified under subsection (3) must not exceed 20 years.5Sections 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.6The person to whom reports are made under an additional proceeds reporting order may disclose a report to an enforcement authority for the purposes of—aan exploitation proceeds investigation (within the meaning of section 341(5) of the Proceeds of Crime Act 2002 (c. 29)), orbthe making or pursuing of an application for, or the enforcement of, an exploitation proceeds order or an additional proceeds reporting order.<Emphasis>Investigations</Emphasis>Exploitation proceeds investigations169Part 8 of the Proceeds of Crime Act 2002 (c. 29) (investigations) is amended in accordance with Schedule 19.Functions of Serious Organised Crime Agency170. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Emphasis>Limitation</Emphasis>Limitation1711After section 27B of the Limitation Act 1980 (c. 58) insert—Actions for exploitation proceeds orders27C1None 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.2Proceedings 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.3Proceedings under that Part for such an order are brought when an application is made for the order.4Where 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.5Expressions used in this section and that Part have the same meaning in this section as in that Part.2After Article 72B of the Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (N.I. 11)) insert—Actions for exploitation proceeds orders72C1None 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.2Proceedings 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.3Proceedings under that Part for such an order are brought when an application is made for the order.4Where 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.5Expressions used in this Article and that Part have the same meaning in this Article as in that Part.3After section 19C of the Prescription and Limitation (Scotland) Act 1973 (c. 52) insert—Actions for exploitation proceeds orders19D1None 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.2Proceedings 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.3Proceedings under that Part for such an order are brought when an application is made for the order.4Where 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.5Expressions used in this section and that Part have the same meaning in this section as in that Part.<Emphasis>Interpretation</Emphasis>Interpretation of this Part172In this Part—“benefit” means a direct or indirect benefit of any nature (pecuniary or non-pecuniary);“enactment” includes an enactment contained in, or an instrument made under, Northern Ireland legislation;“enforcement authority” has the meaning given by section 161(2);“material” means any information, opinion, image or other thing;“qualifying offender” has the meaning given by section 156;“recoverable amount” has the meaning given by section 155;“relevant offence” has the meaning given by section 159;“the respondent” has the meaning given by section 155;“UK service court” means—a court-martial constituted under the Army Act 1955 (3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or the Naval Discipline Act 1957 (c. 53) or the Court Martial established by the Armed Forces Act 2006 (c. 52);a Standing Civilian Court established under the Armed Forces Act 1976 (c. 52) or the Service Civilian Court established by the Armed Forces Act 2006;the Courts-Martial Appeal Court or the Court Martial Appeal Court. Part 8 Data Protection Act 1998Assessment notices173After section 41 of the Data Protection Act 1998 (c. 29) insert—Assessment notices41A1The 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.2A data controller is within this subsection if the data controller is—aa government department,ba public authority designated for the purposes of this section by an order made by the Secretary of State, orca person of a description designated for the purposes of this section by such an order.3An assessment notice is a notice which requires the data controller to do all or any of the following—apermit the Commissioner to enter any specified premises;bdirect the Commissioner to any documents on the premises that are of a specified description;cassist the Commissioner to view any information of a specified description that is capable of being viewed using equipment on the premises;dcomply with any request from the Commissioner for—ia copy of any of the documents to which the Commissioner is directed;iia copy (in such form as may be requested) of any of the information which the Commissioner is assisted to view;edirect the Commissioner to any equipment or other material on the premises which is of a specified description;fpermit the Commissioner to inspect or examine any of the documents, information, equipment or material to which the Commissioner is directed or which the Commissioner is assisted to view;gpermit the Commissioner to observe the processing of any personal data that takes place on the premises;hmake available for interview by the Commissioner a specified number of persons of a specified description who process personal data on behalf of the data controller (or such number as are willing to be interviewed).4In subsection (3) references to the Commissioner include references to the Commissioner's officers and staff.5An assessment notice must, in relation to each requirement imposed by the notice, specify—athe time at which the requirement is to be complied with, orbthe period during which the requirement is to be complied with.6An assessment notice must also contain particulars of the rights of appeal conferred by section 48.7The Commissioner may cancel an assessment notice by written notice to the data controller on whom it was served.8Where a public authority has been designated by an order under subsection (2)(b) the Secretary of State must reconsider, at intervals of no greater than 5 years, whether it continues to be appropriate for the authority to be designated.9The Secretary of State may not make an order under subsection (2)(c) which designates a description of persons unless—athe Commissioner has made a recommendation that the description be designated, andbthe Secretary of State has consulted—isuch persons as appear to the Secretary of State to represent the interests of those that meet the description;iisuch other persons as the Secretary of State considers appropriate.10The Secretary of State may not make an order under subsection (2)(c), and the Commissioner may not make a recommendation under subsection (9)(a), unless the Secretary of State or (as the case may be) the Commissioner is satisfied that it is necessary for the description of persons in question to be designated having regard to—athe nature and quantity of data under the control of such persons, andbany damage or distress which may be caused by a contravention by such persons of the data protection principles.11Where a description of persons has been designated by an order under subsection (2)(c) the Secretary of State must reconsider, at intervals of no greater than 5 years, whether it continues to be necessary for the description to be designated having regard to the matters mentioned in subsection (10).12In this section—“public authority” includes any body, office-holder or other person in respect of which—an order may be made under section 4 or 5 of the Freedom of Information Act 2000, oran order may be made under section 4 or 5 of the Freedom of Information (Scotland) Act 2002;“specified” means specified in an assessment notice.Assessment notices: limitations41B1A time specified in an assessment notice under section 41A(5) in relation to a requirement must not fall, and a period so specified must not begin, before the end of the period within which an appeal can be brought against the notice, and if such an appeal is brought the requirement need not be complied with pending the determination or withdrawal of the appeal.2If by reason of special circumstances the Commissioner considers that it is necessary for the data controller to comply with a requirement in an assessment notice as a matter of urgency, the Commissioner may include in the notice a statement to that effect and a statement of the reasons for that conclusion; and in that event subsection (1) applies in relation to the requirement as if for the words from “within” to the end there were substituted “ of 7 days beginning with the day on which the notice is served ”.3A requirement imposed by an assessment notice does not have effect in so far as compliance with it would result in the disclosure of—aany communication between a professional legal adviser and the adviser's client in connection with the giving of legal advice with respect to the client's obligations, liabilities or rights under this Act, orbany communication between a professional legal adviser and the adviser's client, or between such an adviser or the adviser's client and any other person, made in connection with or in contemplation of proceedings under or arising out of this Act (including proceedings before the Tribunal) and for the purposes of such proceedings.4In subsection (3) references to the client of a professional legal adviser include references to any person representing such a client.5Nothing in section 41A authorises the Commissioner to serve an assessment notice on—aa judge,ba body specified in section 23(3) of the Freedom of Information Act 2000 (bodies dealing with security matters), orcthe Office for Standards in Education, Children's Services and Skills in so far as it is a data controller in respect of information processed for the purposes of functions exercisable by Her Majesty's Chief Inspector of Eduction, Children's Services and Skills by virtue of section 5(1)(a) of the Care Standards Act 2000.6In this section “judge” includes —aa justice of the peace (or, in Northern Ireland, a lay magistrate),ba member of a tribunal, andca clerk or other officer entitled to exercise the jurisdiction of a court or tribunal;and in this subsection “tribunal” means any tribunal in which legal proceedings may be brought.Code of practice about assessment notices41C1The Commissioner must prepare and issue a code of practice as to the manner in which the Commissioner's functions under and in connection with section 41A are to be exercised.2The code must in particular—aspecify factors to be considered in determining whether to serve an assessment notice on a data controller;bspecify descriptions of documents and information that—iare not to be examined or inspected in pursuance of an assessment notice, oriiare to be so examined or inspected only by persons of a description specified in the code;cdeal with the nature of inspections and examinations carried out in pursuance of an assessment notice;ddeal with the nature of interviews carried out in pursuance of an assessment notice;edeal with the preparation, issuing and publication by the Commissioner of assessment reports in respect of data controllers that have been served with assessment notices.3The provisions of the code made by virtue of subsection (2)(b) must, in particular, include provisions that relate to—adocuments and information concerning an individual's physical or mental health;bdocuments and information concerning the provision of social care for an individual.4An assessment report is a report which contains—aa determination as to whether a data controller has complied or is complying with the data protection principles,brecommendations as to any steps which the data controller ought to take, or refrain from taking, to ensure compliance with any of those principles, andcsuch other matters as are specified in the code.5The Commissioner may alter or replace the code.6If the code is altered or replaced, the Commissioner must issue the altered or replacement code.7The Commissioner may not issue the code (or an altered or replacement code) without the approval of the Secretary of State.8The Commissioner must arrange for the publication of the code (and any altered or replacement code) issued under this section in such form and manner as the Commissioner considers appropriate.9In this section “social care” has the same meaning as in Part 1 of the Health and Social Care Act 2008 (see section 9(3) of that Act).Data-sharing code of practice1741After section 52 of the Data Protection Act 1998 (c. 29) insert—Data-sharing code52A1The Commissioner must prepare a code of practice which contains—apractical guidance in relation to the sharing of personal data in accordance with the requirements of this Act, andbsuch other guidance as the Commissioner considers appropriate to promote good practice in the sharing of personal data.2For this purpose “good practice” means such practice in the sharing of personal data as appears to the Commissioner to be desirable having regard to the interests of data subjects and others, and includes (but is not limited to) compliance with the requirements of this Act.3Before a code is prepared under this section, the Commissioner must consult such of the following as the Commissioner considers appropriate—atrade associations (within the meaning of section 51);bdata subjects;cpersons who appear to the Commissioner to represent the interests of data subjects.4In this section a reference to the sharing of personal data is to the disclosure of the data by transmission, dissemination or otherwise making it available.Data-sharing code: procedure52B1When a code is prepared under section 52A, it must be submitted to the Secretary of State for approval.2Approval may be withheld only if it appears to the Secretary of State that the terms of the code could result in the United Kingdom being in breach of any of its Community obligations or any other international obligation.3The Secretary of State must—aif approval is withheld, publish details of the reasons for withholding it;bif approval is granted, lay the code before Parliament.4If, within the 40-day period, either House of Parliament resolves not to approve the code, the code is not to be issued by the Commissioner.5If no such resolution is made within that period, the Commissioner must issue the code.6Where—athe Secretary of State withholds approval, orbsuch a resolution is passed,the Commissioner must prepare another code of practice under section 52A.7Subsection (4) does not prevent a new code being laid before Parliament.8A code comes into force at the end of the period of 21 days beginning with the day on which it is issued.9A code may include transitional provision or savings.10In this section “the 40-day period” means the period of 40 days beginning with the day on which the code is laid before Parliament (or, if it is not laid before each House of Parliament on the same day, the later of the 2 days on which it is laid).11In calculating the 40-day period, no account is to be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.Alteration or replacement of data-sharing code52C1The Commissioner—amust keep the data-sharing code under review, andbmay prepare an alteration to that code or a replacement code.2Where, by virtue of a review under subsection (1)(a) or otherwise, the Commissioner becomes aware that the terms of the code could result in the United Kingdom being in breach of any of its Community obligations or any other international obligation, the Commissioner must exercise the power under subsection (1)(b) with a view to remedying the situation.3Before an alteration or replacement code is prepared under subsection (1), the Commissioner must consult such of the following as the Commissioner considers appropriate—atrade associations (within the meaning of section 51);bdata subjects;cpersons who appear to the Commissioner to represent the interests of data subjects.4Section 52B (other than subsection (6)) applies to an alteration or replacement code prepared under this section as it applies to the code as first prepared under section 52A.5In this section “the data-sharing code” means the code issued under section 52B(5) (as altered or replaced from time to time).Publication of data-sharing code52D1The Commissioner must publish the code (and any replacement code) issued under section 52B(5).2Where an alteration is so issued, the Commissioner must publish either—athe alteration, orbthe code or replacement code as altered by it.Effect of data-sharing code52E1A failure on the part of any person to act in accordance with any provision of the data-sharing code does not of itself render that person liable to any legal proceedings in any court or tribunal.2The data-sharing code is admissible in evidence in any legal proceedings.3If any provision of the data-sharing code appears to—athe Tribunal or a court conducting any proceedings under this Act,ba court or tribunal conducting any other legal proceedings, orcthe Commissioner carrying out any function under this Act,to be relevant to any question arising in the proceedings, or in connection with the exercise of that jurisdiction or the carrying out of those functions, in relation to any time when it was in force, that provision of the code must be taken into account in determining that question.4In this section “the data-sharing code” means the code issued under section 52B(5) (as altered or replaced from time to time).2In section 51 of the Data Protection Act 1998 (c. 29) (general duties of Commissioner), after subsection (5) insert—5AIn determining the action required to discharge the duties imposed by subsections (1) to (4), the Commissioner may take account of any action taken to discharge the duty imposed by section 52A (data-sharing code).Further amendments of the Data Protection Act 1998 (c. 29)175Schedule 20 contains further amendments of the Data Protection Act 1998 (c. 29). Part 9 GeneralOrders, regulations and rules1761Orders or regulations made by the Secretary of State, the Lord Chancellor, the Welsh Ministers or the Chief Coroner under this Act are to be made by statutory instrument.2The Statutory Instruments Act 1946 (c. 36) applies in relation to the power of the Chief Coroner under section 37 to make regulations as if the Chief Coroner were a Minister of the Crown.2AAny power of the Department of Justice in Northern Ireland to make an order under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.3Any power conferred by this Act to make orders, regulations or rules includes power—ato make provision generally or only for specified purposes, cases, circumstances or areas;bto make different provision for different purposes, cases, circumstances or areas;cto make incidental, supplementary, consequential, transitional, transitory or saving provision.4A statutory instrument containing an order or regulations under this Act is subject to negative resolution procedure unless it is—aan instrument within subsection (5), orban instrument containing an order under section 182 only.5A statutory instrument containing (whether alone or with other provision)—aregulations under section 20(5) setting a fee for the first time or increasing the fee by more than is necessary to reflect changes in the value of money,ban order under section 40(6),can order under section 74, 75, 77 or 78,dan order under section 148(1) or (3),ean order under section 161(2)(a)(ii) or (4),fan order under section 177 which contains provision amending or repealing any provision of an Act, organ order under paragraph 34 or 35 of Schedule 22.is subject to affirmative resolution procedure.6In this section—“affirmative resolution procedure” means—in relation to any statutory instrument made by the Secretary of State or the Lord Chancellor, a requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament;in relation to any statutory instrument made by the Welsh Ministers, a requirement that a draft of the instrument be laid before, and approved by a resolution of, the National Assembly for Wales;“negative resolution procedure” means—in relation to any statutory instrument made by the Secretary of State, Lord Chancellor or Chief Coroner, annulment in pursuance of a resolution of either House of Parliament;in relation to any statutory instrument made by the Welsh Ministers, annulment in pursuance of a resolution of the National Assembly for Wales.7No order may be made under this Act by the Department of Justice in Northern Ireland unless a draft of the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly.8Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (7) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.9Subsection (7) does not apply to the making by the Department of Justice of—aan order under section 177 which does not contain any provision amending or repealing any provision of an Act;ban order under section 182;and an order within paragraph (a) above made by the Department of Justice is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).Consequential etc amendments and transitional and saving provisions1771Schedule 21 contains minor and consequential amendments.2Schedule 22 contains transitional, transitory and saving provisions.3An appropriate minister may by order make—asuch supplementary, incidental or consequential provision, orbsuch transitory, transitional or saving provision,as the appropriate minister considers appropriate for the general purposes, or any particular purposes, of this Act, or in consequence of, or for giving full effect to, any provision made by this Act.3AIn relation to the making of provision that could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998), in subsection (3) references to the appropriate minister are to be read as references to the Department of Justice in Northern Ireland.4An order under subsection (3) may, in particular—aprovide for any amendment or other provision made by this Act which comes into force before any other provision (whether made by this or any other Act or by any subordinate legislation) has come into force to have effect, until that other provision has come into force, with specified modifications, andbmodify any provision of—iany Act (including this Act and any Act passed in the same session as this Act);iisubordinate legislation made before the passing of this Act;iiiNorthern Ireland legislation passed, or made, before the passing of this Act;ivany instrument made, before the passing of this Act, under Northern Ireland legislation.5Nothing in this section limits the power, by virtue of section 176(3), to include incidental, supplementary, consequential, transitional, transitory or saving provision in an order under section 182 (commencement).6The modifications that may be made by virtue of subsection (4)(b) are in addition to those made by, or which may be made under, any other provision of this Act.7Her Majesty may by Order in Council extend any provision made by virtue of subsection (4)(b), with such modifications as may appear to Her Majesty to be appropriate, to the Isle of Man or any British overseas territory.8The power under subsection (7) includes power to make supplementary, incidental, consequential, transitory, transitional or saving provision.9Subsection (7) does not apply in relation to amendments of the Armed Forces Act 2006 (c. 52).10In this section—“appropriate minister” means the Secretary of State or the Lord Chancellor;“modify” includes amend, repeal and revoke, and modification is to be construed accordingly;“subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).Repeals178Schedule 23 contains repeals (including repeals of spent provisions).Financial provision179The following are to be paid out of money provided by Parliament—aany expenditure incurred by a Minister of the Crown under or by virtue of this Act;bany increase attributable to this Act in the sums payable out of money so provided under any other Act.Effect of amendments to provisions applied for purposes of service law1801In this section “relevant criminal justice provisions” means provisions of, or made under, an Act which—arelate to criminal justice, andbare applied (with or without modifications) for any purposes of service law by any provision of, or made under, any Act.2Unless the contrary intention appears, any amendment by this Act of relevant criminal justice provisions also amends those provisions as so applied.3In this section “service law” means—athe system of service law established by the Armed Forces Act 2006, orbany of the systems of service law superseded by that Act (namely, military law, air force law and the Naval Discipline Act 1957 (c. 53)).Extent1811Subject to the following provisions of this section and any other provision of this Act, this Act extends to England and Wales only.2The following provisions extend to England and Wales, Scotland and Northern Ireland—asection 84;bthe service courts provisions of Chapter 2 of Part 3;csection 143;dPart 7 (except sections 158(1) and (2), 170(2) and 171 and Schedule 19);esections 176 to 183;fparagraph 4 of Schedule 1;gparagraphs 8, 15, 29, 42 and 45 of Schedule 22.3The following provisions extend to England and Wales and Northern Ireland—asections 54, 55 and 56(1);bsection 61 and Schedule 12;csections 62 to 66;dsection 67(3);esection 68 and Schedule 13;fsection 71;gsection 73;hChapter 1 of Part 3 (except section 84);iChapter 2 of that Part, and paragraphs 16 and 17 of Schedule 22, (subject to subsection (2)(b));jparagraphs 7, 12(2), 39, 40 and 41 of Schedule 22.4The following provisions extend to Northern Ireland only—asection 49 and Schedule 11;bsection 67(2);cparagraphs 11, 38 and 44(2) of Schedule 22.5Paragraphs 34 and 35 of Schedule 22 extend to England and Wales and Scotland, and paragraph 36 of that Schedule extends to Scotland only.6Except as otherwise provided by this Act, an amendment, repeal or revocation of any enactment by any provision of this Act extends to the part or parts of the United Kingdom to which the enactment extends.7In section 338(1) of the Criminal Justice Act 2003 (c. 44) (power to extend the provisions of that Act to the Channel Islands etc) the reference to that Act includes a reference to that Act as amended by any provision of this Act.8In section 384 of the Armed Forces Act 2006 (c. 52) (extent to Channel Islands, Isle of Man etc) any reference to that Act includes a reference to—athat Act as amended by or under any provision of this Act;bsection 84;cthe service courts provisions of Chapter 2 of Part 3;dsection 180.9In section 79(3) of the International Criminal Court Act 2001 (c. 17) (power to extend provisions of that Act to Channel Islands, Isle of Man etc) the reference to that Act includes a reference to that Act as amended by section 70.10In this section “the service courts provisions of Chapter 2 of Part 3” means the provisions of Chapter 2 of Part 3, and paragraph 70 of Schedule 21 and paragraphs 16 to 22 of Schedule 22, so far as having effect in relation to service courts.Commencement1821The following provisions come into force on the day on which this Act is passed—asections 47 and 48;bsection 116;csection 143;dsections 151 and 152;esection 154;fthis section and sections 176, 177(3) to (10), 179, 181 and 183;gSchedule 18;hparagraphs 62(3) and 94 to 98 of Schedule 21 (and section 177(1) so far as relating to those provisions);iPart 1 and paragraphs 26 and 47 of Schedule 22 (and section 177(2) so far as relating to those provisions);jin Schedule 23—iin Part 3, the repeals relating to the Administration of Justice (Miscellaneous Provisions) Act 1933 (c. 36) and the Supreme Court Act 1981 (c. 54),iiin Part 4, the repeals in the Criminal Justice and Immigration Act 2008 (c. 4),iiiin Part 5, the repeal of section 8(6) of the Animal Welfare Act 2006 (c. 45),ivin Part 6, the repeals in sections 17 and 17A of, and Schedule 3 to, the Access to Justice Act 1999 (c. 22), andvPart 9,and section 178 so far as relating to those repeals.2The following provisions come into force at the end of the period of 2 months beginning with the day on which this Act is passed—asection 73;bsection 138;cPart 4 of Schedule 21 (and section 177(1) so far as relating to that Part);dparagraph 37 of Schedule 22 (and section 177(2) so far as relating to that provision);ein Part 2 of Schedule 23, the repeals relating to the following Acts—iLibel Act 1792 (c. 60),iiCriminal Libel Act 1819 (60 Geo. 3 & 1 Geo. 4 c. 8),iiiLibel Act 1843 (c. 96),ivNewspaper Libel and Registration Act 1881 (c. 60),vLaw of Libel Amendment Act 1888 (c. 64),viDefamation Act 1952 (c. 66),viiTheatres Act 1968 (c. 54),viiiBroadcasting Act 1990 (c. 42),ixCriminal Procedure and Investigations Act 1996 (c. 25),xDefamation Act 1996 (c. 31), andxiLegal Deposit Libraries Act 2003 (c. 28),and section 178 so far as relating to those repeals.3The following provisions come into force on 1 January 2010—aChapter 2 of Part 3;bparagraphs 69 to 71 of Schedule 21 (and section 177(1) so far as relating to those provisions);cparagraphs 16 to 22 of Schedule 22 (and section 177(2) so far as relating to those provisions);din Part 3 of Schedule 23, the repeals relating to the Criminal Evidence (Witness Anonymity) Act 2008 (c. 15) (and section 178 so far as relating to those repeals).4The following provisions come into force on such day as the Lord Chancellor may by order appoint—aPart 1 (other than sections 19, 20, 21, 47 and 48);bChapter 1 of Part 4;csections 146 to 148;dsections 149, 150 and 153;eParts 1 and 8 of Schedule 21 (and section 177(1) so far as relating to those provisions);fparagraphs 27, 28 and 44 of Schedule 22 (and section 177(2) so far as relating to those provisions);gin Schedule 23—ithe repeals in Part 1,iithe repeals in Part 4 (other than those relating to the Criminal Procedure (Scotland) Act 1995 (c. 46) and the Criminal Justice and Immigration Act 2008 (c. 4)), andiiiin Part 6, the repeals of section 2(2) of, and paragraph 1(h) of Schedule 2 to, the Access to Justice Act 1999 (c. 22),and section 178 so far as relating to those repeals.5The other provisions of this Act come into force on such day as the Secretary of State may by order appoint.6The power to make provision by order under subsection (4) or (5) is exercisable by the Department of Justice in Northern Ireland (and not by the Lord Chancellor or the Secretary of State) so far as it may be used to make provision which could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998).7Before making an order under subsection (4) or (5) bringing into force any provision for the purposes of the law of Northern Ireland, the Lord Chancellor or the Secretary of State must consult the Department of Justice.Short title183This Act may be cited as the Coroners and Justice Act 2009.SchedulesSchedule 1Duty or power to suspend or resume investigationsSection 11Part 1Suspension of investigations<Emphasis>Suspension where certain criminal charges may be brought</Emphasis>11A senior coroner must suspend an investigation under this Part of this Act into a person's death in the following cases.2The first case is where a prosecuting authority requests the coroner to suspend the investigation on the ground that a person may be charged with—aa homicide offence involving the death of the deceased, orban offence (other than a service offence) that is alleged to be a related offence.3The second case is where a Provost Marshal of a service police force, the Provost Marshal for serious crime or the Director of Service Prosecutions requests the coroner to suspend the investigation on the ground that a person may be charged with—athe service equivalent of a homicide offence involving the death of the deceased, orba service offence that is alleged to be a related offence.4Subject to paragraphs 2 and 3, a suspension of an investigation under this paragraph must be for—aa period of 28 days beginning with the day on which the suspension first takes effect, orbwhatever longer period (beginning with that day) the coroner specifies.5The period referred to in sub-paragraph (4) may be extended or further extended—ain the first case, at the request of the authority by which the suspension was originally requested;bin the second case, at the request of—ithe Provost Marshal by whom the suspension was originally requested, oriithe Director of Service Prosecutions.6In this Act—“homicide offence” means—murder, manslaughter, corporate manslaughter or infanticide;an offence under any of the following provisions of the Road Traffic Act 1988 (c. 52)—section 1 (causing death by dangerous driving);section 2B (causing death by careless, or inconsiderate, driving);section 3ZB (causing death by driving: unlicensed ... or uninsured drivers);section 3ZC (causing death by driving: disqualified drivers);section 3A (causing death by careless driving when under the influence of drink or drugs);an offence under section 2(1) of the Suicide Act 1961 (c. 60) (encouraging or assisting suicide);an offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (c. 28) of causing or allowing the death of a child or vulnerable adult;“” means an offence (including a service offence) that—involves the death of the deceased, but is not a homicide offence or the service equivalent of a homicide offence, orinvolves the death of a person other than the deceased (whether or not it is a homicide offence or the service equivalent of a homicide offence) and is committed in circumstances connected with the death of the deceased;“the service equivalent of a homicide offence” means an offence under section 42 of the Armed Forces Act 2006 (c. 52) (or section 70 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18), section 70 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or section 42 of the Naval Discipline Act 1957 (c. 53)) corresponding to a homicide offence.<Emphasis>Suspension where certain criminal proceedings are brought</Emphasis>21Subject to sub-paragraph (6), a senior coroner must suspend an investigation under this Part of this Act into a person's death in the following cases.2The first case is where the coroner—abecomes aware that a person has appeared or been brought before a magistrates' court charged with a homicide offence involving the death of the deceased, orbbecomes aware that a person has been charged on an indictment with such an offence without having appeared or been brought before a magistrates' court charged with it.3The second case is where the coroner becomes aware that a person has been charged with the service equivalent of a homicide offence involving the death of the deceased.4The third case is where a prosecuting authority informs the coroner that a person—ahas appeared or been brought before a magistrates' court charged with an offence (other than a service offence) that is alleged to be a related offence, orbhas been charged on an indictment with such an offence without having been sent for trial for it,and the prosecuting authority requests the coroner to suspend the investigation.5The fourth case is where the Director of Service Prosecutions informs the coroner that a person has been charged with a service offence that is alleged to be a related offence, and the Director requests the coroner to suspend the investigation.6The coroner need not suspend the investigation—ain the first case, if a prosecuting authority informs the coroner that it has no objection to the investigation continuing;bin the second case, if the Director of Service Prosecutions informs the coroner that he or she has no objection to the investigation continuing;cin any case, if the coroner thinks that there is an exceptional reason for not suspending the investigation.7In the case of an investigation that is already suspended under paragraph 1—aa suspension imposed by virtue of sub-paragraph (2) of that paragraph comes to an end if, in reliance of sub-paragraph (6)(a) above, the coroner decides not to suspend the investigation;ba suspension imposed by virtue of sub-paragraph (3) of that paragraph comes to an end if, in reliance on sub-paragraph (6)(b) above, the coroner decides not to suspend the investigation;ca reference above in this paragraph to suspending an investigation is to be read as a reference to continuing the suspension of an investigation;dif the suspension of the investigation is continued under this paragraph, the investigation is to be treated for the purposes of paragraphs 1(4), 7 and 8 of this Schedule as suspended under this paragraph (and not as suspended under paragraph 1).<Emphasis>Suspension pending inquiry under Inquiries Act 2005</Emphasis>31Subject to sub-paragraph (2), a senior coroner must suspend an investigation under this Part of this Act into a person's death if—athe Lord Chancellor requests the coroner to do so on the ground that the cause of death is likely to be adequately investigated by an inquiry under the Inquiries Act 2005 (c. 12) that is being or is to be held,ba senior judge has been appointed under that Act as chairman of the inquiry, andcthe Lord Chief Justice has indicated approval to the Lord Chancellor, for the purposes of this paragraph, of the appointment of that judge.In paragraph (b) “senior judge” means a judge of the High Court or the Court of Appeal or a Justice of the Supreme Court.2The coroner need not suspend the investigation if there appears to be an exceptional reason for not doing so.3In the case of an investigation that is already suspended under paragraph 1—aa reference above in this paragraph to suspending the investigation is to be read as a reference to continuing the suspension of the investigation;bif the suspension of the investigation is continued under this paragraph, the investigation is to be treated for the purposes of paragraphs 1(4), 7 and 9 of this Schedule as suspended under this paragraph (and not as suspended under paragraph 1).41This paragraph applies where an investigation is suspended under paragraph 3 on the basis that the cause of death is likely to be adequately investigated by an inquiry under the Inquiries Act 2005 (c. 12).2The terms of reference of the inquiry must be such that it has as its purpose, or among its purposes, the purpose set out in section 5(1) above (read with section 5(2) where applicable); and section 5 of the Inquiries Act 2005 has effect accordingly.<Emphasis>General power to suspend</Emphasis>5A senior coroner may suspend an investigation under this Part of this Act into a person's death in any case if it appears to the coroner that it would be appropriate to do so.<Emphasis>Effect of suspension</Emphasis>61Where an investigation is suspended under this Schedule, the senior coroner must adjourn any inquest that is being held as part of the investigation.2Where an inquest held with a jury is adjourned under this paragraph, the senior coroner may discharge the jury.Part 2Resumption of investigations<Emphasis>Resumption of investigation suspended under paragraph 1</Emphasis>7An investigation that is suspended under paragraph 1 must be resumed once the period under sub-paragraph (4) of that paragraph, or as the case may be the extended period under sub-paragraph (5) of that paragraph, has ended.<Emphasis>Resumption of investigation suspended under paragraph 2</Emphasis>81An investigation that is suspended under paragraph 2 may not be resumed unless, but must be resumed if, the senior coroner thinks that there is sufficient reason for resuming it.2Subject to sub-paragraph (3)—aan investigation that is suspended under paragraph 2 may not be resumed while proceedings are continuing before the court of trial in respect of a homicide offence, or the service equivalent of a homicide offence, involving the death of the deceased;ban investigation that is suspended by virtue of sub-paragraph (4) or (5) of that paragraph may not be resumed while proceedings are continuing before the court of trial in respect of the offence referred to in that sub-paragraph.3The investigation may be resumed while the proceedings in question are continuing if—ain the case of an investigation suspended by virtue of sub-paragraph (2) or (4) of paragraph 2, the relevant prosecuting authority informs the coroner that it has no objection to the investigation being resumed;bin the case of an investigation suspended by virtue of sub-paragraph (3) or (5) of that paragraph, the Director of Service Prosecutions informs the coroner that he or she has no objection to the investigation being resumed.4For the purposes of sub-paragraph (3)(a), the relevant prosecuting authority—ain the case of an investigation suspended by virtue of sub-paragraph (2) of paragraph 2, is the prosecuting authority responsible for the prosecution in question;bin the case of an investigation suspended by virtue of sub-paragraph (4) of that paragraph, is the prosecuting authority that made the request under that sub-paragraph.5In the case of an investigation resumed under this paragraph, a determination under section 10(1)(a) may not be inconsistent with the outcome of—athe proceedings in respect of the charge (or each charge) by reason of which the investigation was suspended;bany proceedings that, by reason of sub-paragraph (2), had to be concluded before the investigation could be resumed.<Emphasis>Resumption of investigation suspended under paragraph 3</Emphasis>91Where an investigation is suspended under paragraph 3—ait may not be resumed unless, but must be resumed if, the senior coroner thinks that there is sufficient reason for resuming it;bit may not be resumed before the end of the period of 28 days beginning with the relevant day;cwhere sub-paragraph (4), (6), (8) or (10) applies, it may be resumed only in accordance with that sub-paragraph (and not before the end of the 28-day period mentioned in paragraph (b)).2In sub-paragraph (1)(b) “the relevant day” means—aif the Lord Chancellor gives the coroner notification under this paragraph, the day on which the inquiry concerned is concluded;botherwise, the day on which the findings of that inquiry are published.3Sub-paragraph (4) applies where, during the suspension of the investigation, the coroner—abecomes aware that a person has appeared or been brought before a magistrates' court charged with a homicide offence involving the death of the deceased, orbbecomes aware that a person has been charged on an indictment with such an offence without having appeared or been brought before a magistrates' court charged with it.4The coroner must not resume the investigation until after the conclusion of proceedings before the court of trial in respect of the offence in question, unless a prosecuting authority informs the coroner that it has no objection to the investigation being resumed before then.5Sub-paragraph (6) applies where, during the suspension of the investigation, the coroner becomes aware that a person has been charged with the service equivalent of a homicide offence involving the death of the deceased.6The coroner must not resume the investigation until after the conclusion of proceedings before the court of trial in respect of the offence in question, unless the Director of Service Prosecutions informs the coroner that he or she has no objection to the investigation being resumed before then.7Sub-paragraph (8) applies where, during the suspension of the investigation, a prosecuting authority informs the senior coroner that a person—ahas appeared or been brought before a magistrates' court charged with an offence (other than a service offence) that is alleged to be a related offence, orbhas been charged on an indictment with such an offence without having been sent for trial for it.8If the prosecuting authority requests the coroner not to resume the investigation until after the conclusion of proceedings before the court of trial in respect of the offence in question, the coroner must not do so.9Sub-paragraph (10) applies where the Director of Service Prosecutions informs the coroner that a person has been charged with a service offence that is alleged to be a related offence.10If the Director of Service Prosecutions requests the coroner not to resume the investigation until after the conclusion of proceedings before the court of trial in respect of the offence in question, the coroner must not do so.11In the case of an investigation resumed under this paragraph, a determination under section 10(1)(a) may not be inconsistent with the outcome of—athe inquiry under the Inquiries Act 2005 (c. 12) by reason of which the investigation was suspended;bany proceedings that, by reason of sub-paragraph (4), (6), (8) or (10), had to be concluded before the investigation could be resumed.<Emphasis>Resumption of investigation suspended under paragraph 5</Emphasis>10An investigation that is suspended under paragraph 5 may be resumed at any time if the senior coroner thinks that there is sufficient reason for resuming it.<Emphasis>Supplemental</Emphasis>111Where an investigation is resumed under this Schedule, the senior coroner must resume any inquest that was adjourned under paragraph 6.2 Sub-paragraphs (3) and (4) apply, in place of section 7, to an inquest that is resumed under this paragraph.3The resumed inquest may be held with a jury if the senior coroner thinks that there is sufficient reason for it to be held with one.4Where the adjourned inquest was held with a jury and the senior coroner decides to hold the resumed inquest with a jury—aif at least seven persons who were members of the original jury are available to serve at the resumed inquest, the resumed inquest must be held with a jury consisting of those persons;bif not, or if the original jury was discharged under paragraph 6(2), a new jury must be summoned.5Where an inquest is resumed under this paragraph without a jury (whether or not it had one before the adjournment), the senior coroner must consider, in accordance with section 9C, whether the resumed inquest is to be held at a hearing or in writing.SCHEDULE 1A<Addition ChangeId="key-a0af07288c4c5baba746c2238a744e97-1715351700577" CommentaryRef="key-a0af07288c4c5baba746c2238a744e97">Investigations and inquests into Troubles-related deaths</Addition><Addition ChangeId="key-a0af07288c4c5baba746c2238a744e97-1715351700577" CommentaryRef="key-a0af07288c4c5baba746c2238a744e97">Obligatory discontinuance of existing investigations and inquests</Addition>11This paragraph applies to an investigation into a death that resulted directly from the Troubles if, on 1 May 2024, a senior coroner was under a duty to conduct the investigation unless, on that day, the only part of the investigation that remains to be carried out is the coroner or any jury making the determination and any findings required by section 10, or something subsequent to that.2On and after that day a coroner must not progress the conduct of—athe investigation, orbthe inquest.3As soon as practicable on or after that day, the senior coroner who is responsible for conducting the investigation must discontinue—athe investigation, andbthe inquest, including by discharging any jury that has been summoned.4Any enactment which requires a senior coroner to conduct an investigation or hold an inquest is subject to this paragraph.<Addition ChangeId="key-a0af07288c4c5baba746c2238a744e97-1715351700577" CommentaryRef="key-a0af07288c4c5baba746c2238a744e97">New investigations and inquests</Addition>21This paragraph applies on and after the day on which paragraph 1(2) of Schedule 11 to the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 comes into force.2The duty under section 1(1) is not to begin to apply to a senior coroner in respect of a death that resulted directly from the Troubles.3A senior coroner (A) must not make a request under section 2 for another senior coroner (B) to conduct an investigation into a death that resulted directly from the Troubles; and B must not agree to such a request.4The Chief Coroner must not give a direction under section 1(5) or 3 to a senior coroner to conduct an investigation into a death that resulted directly from the Troubles.<Addition ChangeId="key-a0af07288c4c5baba746c2238a744e97-1715351700577" CommentaryRef="key-a0af07288c4c5baba746c2238a744e97">Interpretation</Addition>31For the purposes of this Schedule a death “resulted directly from the Troubles” if—athe death was wholly caused by physical injuries or physical illness, or a combination of both, that resulted directly from of an act of violence or force, andbthe act of violence or force was conduct forming part of the Troubles.2In this paragraph “conduct forming part of the Troubles” has the same meaning as in the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (see section 1 of that Act).3In this Schedule—“inquest” means the inquest that forms part of an investigation;“investigation” means an investigation under this Part.Schedule 2Coroner areasSection 22<Emphasis>Coroner areas</Emphasis>11England and Wales is to be divided into areas to be known as coroner areas.2Each coroner area is to consist of the area of a local authority or the combined areas of two or more local authorities.3Subject to paragraph 2—athe coroner areas are to be those specified in an order made by the Lord Chancellor;beach coroner area is to be known by whatever name is specified in the order.4Before making an order under this paragraph, the Lord Chancellor must consult—aevery local authority,bthe Welsh Ministers, andcany other persons the Lord Chancellor thinks appropriate.<Emphasis>Alteration of coroner areas</Emphasis>21The Lord Chancellor may make orders altering coroner areas.2Before making an order under this paragraph the Lord Chancellor must consult—awhichever local authorities the Lord Chancellor thinks appropriate,bin the case of a coroner area in Wales, the Welsh Ministers, andcany other persons the Lord Chancellor thinks appropriate.3“Altering”, in relation to a coroner area, includes (as well as changing its boundaries)—acombining it with one or more other coroner areas;bdividing it between two or more other coroner areas;cchanging its name.<Emphasis>Relevant authorities</Emphasis>31This paragraph sets out for the purposes of this Part what is the “relevant authority” for a given coroner area.2In the case of a coroner area consisting of the area of a single local authority, that authority is the relevant authority for the coroner area.3In the case of a coroner area consisting of the areas of two or more local authorities, the relevant authority for the coroner area is—awhichever one of those authorities they jointly nominate;bif they cannot agree on a nomination, whichever one of them the Lord Chancellor determines.4Before making a determination under sub-paragraph (3)(b) the Lord Chancellor must consult—athe Secretary of State, in a case involving local authorities in England;bthe Welsh Ministers, in a case involving local authorities in Wales.5This paragraph has effect subject to paragraph 2 of Schedule 22.<Emphasis>Effect of body being outside coroner area etc</Emphasis>41This paragraph applies where—aa senior coroner is responsible for conducting an investigation under this Part into a person's death, andbthe body is outside the coroner's area (whether because of its removal or otherwise).2The coroner has the same functions in relation to the body and the investigation as would be the case if the body were within the coroner's area.3The presence of the body at a place outside the coroner's area does not confer any functions on any other coroner.Schedule 3Appointment etc of senior coroners, area coroners and assistant coronersSection 23Part 1Appointment of senior, area and assistant coroners<Emphasis>Appointment of senior coroners</Emphasis>11The relevant authority for each coroner area must appoint a coroner (the “senior coroner”) for that area.2In the case of a coroner area that consists of the areas of two or more local authorities, the relevant authority for the area must consult the other authorities before making an appointment under this paragraph.3A person may not be appointed as a senior coroner unless the Lord Chancellor and the Chief Coroner consent to the appointment of that person.<Emphasis>Appointment of area and assistant coroners</Emphasis>21The Lord Chancellor may by order require the appointment, for any coroner area, of—aan area coroner, or a specified number of area coroners;ba minimum number of assistant coroners.2Before making an order under this paragraph in relation to a particular coroner area, the Lord Chancellor must consult—athe Chief Coroner, andbevery local authority whose area falls within the coroner area (or, as the case may be, the local authority whose area is the same as the coroner area).3The relevant authority for a coroner area in relation to which provision is made under sub-paragraph (1)(a) must appoint an area coroner or, as the case may be, the number of area coroners specified for the area in the order.4The relevant authority for a coroner area in relation to which provision is made under sub-paragraph (1)(b) must appoint at least the number of assistant coroners specified for the area in the order.5A person may not be appointed as an area coroner or assistant coroner unless the Lord Chancellor and the Chief Coroner consent to the appointment of that person.Part 2Qualifications of senior, area and assistant coroners3To be eligible for appointment as a senior coroner, area coroner or assistant coroner, a person must—abe under the age of 75, andbsatisfy the judicial-appointment eligibility condition on a 5-year basis.41A person who is a councillor for a local authority, or has been during the previous 6 months, may not be appointed as the senior coroner, or as an area coroner or assistant coroner, for a coroner area that is the same as or includes the area of that local authority.2In the application of this paragraph to the Common Council, the reference to a councillor is to be read as a reference to an alderman of the City of London or a common councillor.Part 3Vacancies; functions of area and assistant coroners<Emphasis>Filling of vacancies</Emphasis>51This paragraph applies where a vacancy occurs—ain the office of senior coroner for an area, orbin an office of area coroner for an area.2The relevant authority for the area must—agive notice in writing of the vacancy to the Lord Chancellor and the Chief Coroner as soon as practicable after the vacancy occurs;bappoint a person to fill the vacancy under paragraph 1 or 2 (as the case may be) within 3 months of the vacancy occurring, or within whatever further period the Lord Chancellor allows;cgive notice in writing of the appointment of a person to fill the vacancy to the Lord Chancellor and the Chief Coroner as soon as practicable after it is filled.61This paragraph applies where—aa vacancy occurs in an office of assistant coroner for an area, andbthe vacancy causes the number of assistant coroners for the area to fall below (or further below) the minimum number specified under paragraph 2(1)(b).2Within 3 months of the vacancy occurring, or within whatever further period the Lord Chancellor allows, the relevant authority for the area must appoint a person to fill the vacancy.<Emphasis>Person to act as senior coroner in case of vacancy</Emphasis>71This paragraph applies where a vacancy occurs in the office of senior coroner for an area.2Subject to sub-paragraph (3), the area coroner for the area (or, if there is more than one such area coroner, whichever of them is nominated by the relevant authority for the area) is to act as senior coroner for the area while the office remains vacant.3Where there is no area coroner for the area, whichever assistant coroner for the area is nominated by the relevant authority for the area is to act as senior coroner for the area while the office remains vacant.4In the case of a coroner area that consists of the area of two or more local authorities, the relevant authority for the area must consult the other authority or authorities before making a nomination under this paragraph.5A person who acts as senior coroner for an area by virtue of this paragraph is to be treated for all purposes of this Part of this Act (except those of this paragraph and paragraphs 1 to 5 and 9 to 19 of this Schedule) as being the senior coroner for the area.<Emphasis>Functions of area and assistant coroners</Emphasis>81An area coroner or assistant coroner for an area may perform any functions of the senior coroner for the area (including functions which that senior coroner has by virtue of section 2 or 3)—aduring a period when that senior coroner is absent or unavailable;bat any other time, with the consent of that senior coroner.2Accordingly a reference in a statutory provision (whenever made) to a senior coroner is to be read, where appropriate, as including an area coroner or assistant coroner.Part 4Terms of office of senior, area and assistant coroners<Emphasis>Status of office</Emphasis>9The offices of senior coroner, area coroner and assistant coroner are not to be regarded as freehold offices.<Emphasis>Vacation or termination of office</Emphasis>10A senior coroner, area coroner or assistant coroner must vacate office on reaching the age of 75.111The senior coroner or an area coroner or assistant coroner for an area (“the relevant coroner area”) must vacate office immediately if—ahe or she becomes a councillor for a local authority, andbthe area of that local authority is the same as or falls within the relevant coroner area.2In the application of this paragraph to the Common Council, the reference to a councillor is to be read as a reference to an alderman of the City of London or a common councillor.12The senior coroner or an area coroner or assistant coroner for an area may resign office by giving notice in writing to the relevant authority for the area.131The Lord Chancellor may, with the agreement of the Lord Chief Justice, remove a senior coroner, area coroner or assistant coroner from office for incapacity or misbehaviour.2The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005 (c. 4)) to exercise the functions of the Lord Chief Justice under sub-paragraph (1).<Emphasis>Discipline</Emphasis>14Chapter 3 of Part 4 of the Constitutional Reform Act 2005 (c. 4) (discipline) applies in relation to the offices of senior coroner, area coroner and assistant coroner as it would apply if those offices were listed in Schedule 14 to that Act.<Emphasis>Salary of senior and area coroners</Emphasis>151The senior coroner for an area is entitled to a salary.2The amount of the salary is to be whatever is from time to time agreed by the senior coroner and the relevant authority for the area.3If the senior coroner and the relevant authority cannot agree about an alteration in the amount of the salary—aeither of them may refer the matter to the Lord Chancellor;bthe Lord Chancellor may determine the amount of the salary and the date on which it is to become payable.Any alteration in the amount of salary is to take effect in accordance with the Lord Chancellor's determination.4In making a determination under sub-paragraph (3), the Lord Chancellor must have regard—ato the nature and extent of the coroner's functions, andbto all the circumstances of the case.5The salary to which the senior coroner for an area is entitled under this paragraph is payable by the relevant authority for the area.6This paragraph applies in relation to an area coroner for an area as it applies in relation to the senior coroner for an area (references to the senior coroner being read as references to an area coroner).<Emphasis>Fees payable to assistants</Emphasis>161An assistant coroner for an area is entitled to fees.2The amount of the fees is to be whatever is agreed from time to time by the assistant coroner and the relevant authority for the area.3The fees to which an assistant coroner for an area is entitled under this paragraph are payable by the relevant authority for the area.<Emphasis>Pensions for senior and area coroners</Emphasis>17A relevant authority for a coroner area must make provision for the payment of pensions, allowances or gratuities to or in respect of persons who are or have been senior coroners or area coroners for the area.<Emphasis>Prohibition on receipt of fees etc</Emphasis>18Except as permitted by or under this or any other Act, a senior coroner, area coroner or assistant coroner may not accept any remuneration or fee in respect of anything done by that coroner in the performance of his or her functions.<Emphasis>Other terms of office</Emphasis>19Subject to the preceding provisions of this Part, the senior coroner or an area coroner or assistant coroner for an area holds office on whatever terms are from time to time agreed by that coroner and the relevant authority for the area.Schedule 4Coroner for Treasure and Assistant Coroners for TreasureSection 25Part 1Appointment, qualifications and terms of office of Coroner for Treasure<Emphasis>Appointment</Emphasis>1The Lord Chancellor may appoint a person as the Coroner for Treasure.<Emphasis>Qualifications</Emphasis>2To be eligible for appointment as the Coroner for Treasure, a person must—abe under the age of 75, andbsatisfy the judicial-appointment eligibility condition on a 5-year basis.<Emphasis>Vacation or termination of office</Emphasis>3The Coroner for Treasure must vacate office on reaching the age of 75.4The Coroner for Treasure may resign office by giving notice to the Lord Chancellor.51The Lord Chancellor may, with the agreement of the Lord Chief Justice, remove the Coroner for Treasure from office for incapacity or misbehaviour.2The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005 (c. 4)) to exercise the functions of the Lord Chief Justice under sub-paragraph (1).<Emphasis>Remuneration, allowances and expenses</Emphasis>61The Lord Chancellor may pay to the Coroner for Treasure amounts determined by the Lord Chancellor by way of remuneration or allowances.2The Lord Chancellor may pay to the Coroner for Treasure amounts determined by the Lord Chancellor towards expenses incurred by the Coroner for Treasure in performing functions as such.Part 2Designation and remuneration of Assistant Coroners for Treasure<Emphasis>Designation</Emphasis>7The Chief Coroner may designate one or more assistant coroners to act as Assistant Coroners for Treasure.8A person who is designated under paragraph 7 to act as an Assistant Coroner for Treasure may act as such for so long as the designation continues to have effect.9A person's designation under that paragraph ceases to have effect—awhen the person ceases to be an assistant coroner;bif earlier, when the designation is terminated by notice given—iby the person to the Chief Coroner, oriiby the Chief Coroner to the person.<Emphasis>Remuneration, allowances and expenses</Emphasis>101The Lord Chancellor may pay to an Assistant Coroner for Treasure amounts determined by the Lord Chancellor by way of remuneration or allowances.2The Lord Chancellor may pay to an Assistant Coroner for Treasure amounts determined by the Lord Chancellor towards expenses incurred by the Assistant Coroner for Treasure in performing functions as such.Part 3Miscellaneous<Emphasis>Functions of Assistant Coroners for Treasure</Emphasis>111An Assistant Coroner for Treasure may perform any functions of the Coroner for Treasure—aduring a period when the Coroner for Treasure is absent or unavailable;bduring a vacancy in the office of Coroner for Treasure;cat any other time, with the consent of the Coroner for Treasure.2Accordingly a reference in this Part of this Act to the Coroner for Treasure is to be read, where appropriate, as including an Assistant Coroner for Treasure.<Emphasis>Staff</Emphasis>121The Lord Chancellor may appoint staff to assist the Coroner for Treasure and any Assistant Coroners for Treasure in the performance of their functions.2Such staff are to be appointed on whatever terms and conditions the Lord Chancellor thinks appropriate.Schedule 5Powers of coronersSection 32<Emphasis>Power to require evidence to be given or produced</Emphasis>11A senior coroner may by notice require a person to attend at a time and place stated in the notice and—ato give evidence at an inquest,bto produce any documents in the custody or under the control of the person which relate to a matter that is relevant to an inquest, orcto produce for inspection, examination or testing any other thing in the custody or under the control of the person which relates to a matter that is relevant to an inquest.2A senior coroner who is conducting an investigation under this Part may by notice require a person, within such period as the senior coroner thinks reasonable—ato provide evidence to the senior coroner, about any matters specified in the notice, in the form of a written statement,bto produce any documents in the custody or under the control of the person which relate to a matter that is relevant to the investigation, orcto produce for inspection, examination or testing any other thing in the custody or under the control of the person which relates to a matter that is relevant to the investigation.3A notice under sub-paragraph (1) or (2) must—aexplain the possible consequences, under paragraphs 6 and 7 of Schedule 6, of not complying with the notice;bindicate what the recipient of the notice should do if he or she wishes to make a claim under sub-paragraph (4).4A claim by a person that—ahe or she is unable to comply with a notice under this paragraph, orbit is not reasonable in all the circumstances to require him or her to comply with such a notice,is to be determined by the senior coroner, who may revoke or vary the notice on that ground.5In deciding whether to revoke or vary a notice on the ground mentioned in sub-paragraph (4)(b), the senior coroner must consider the public interest in the information in question being obtained for the purposes of the inquest or investigation, having regard to the likely importance of the information.6For the purposes of this paragraph a document or thing is under a person's control if it is in the person's possession or if he or she has a right to possession of it.7The validity of a notice under sub-paragraph (1) or (2) is not limited to the coroner area for which the senior coroner issuing the notice is appointed.8A reference in this paragraph to a senior coroner is to be read as including the Coroner for Treasure.21A person may not be required to give, produce or provide any evidence or document under paragraph 1 if—ahe or she could not be required to do so in civil proceedings in a court in England and Wales, orbthe requirement would be incompatible with an assimilated obligation.2The rules of law under which evidence or documents are permitted or required to be withheld on grounds of public interest immunity apply in relation to an investigation or inquest under this Part as they apply in relation to civil proceedings in a court in England and Wales.<Emphasis>Power of entry, search and seizure</Emphasis>31A senior coroner conducting an investigation under this Part, if authorised—aby the Chief Coroner, orbby another senior coroner nominated by the Chief Coroner to give authorisation,may enter and search any land specified in the authorisation.2An authorisation may be given only if—athe senior coroner conducting the investigation has reason to suspect that there may be anything on the land which relates to a matter that is relevant to the investigation, andbany of the conditions in sub-paragraph (3) are met.3Those conditions are—athat it is not practicable to communicate with a person entitled to grant permission to enter and search the land;bthat permission to enter and search the land has been refused;cthat the senior coroner has reason to believe that such permission would be refused if requested;dthat the purpose of a search may be frustrated or seriously prejudiced unless the senior coroner can secure immediate entry to the land on arrival.4A senior coroner conducting an investigation under this Part who is lawfully on any land—amay seize anything that is on the land;bmay inspect and take copies of any documents.5A reference in this paragraph to land is not limited to land within the coroner area for which the senior coroner in question is appointed.6A reference in this paragraph to a senior coroner is to be read as including the Coroner for Treasure.41The person by whom an authorisation under paragraph 3(1) is given must make a record—asetting out the reasons for the suspicion referred to in paragraph 3(2)(a);bspecifying which of the conditions in paragraph 3(3) is met.2Where the authorisation is given by a senior coroner nominated under paragraph 3(1)(b), that coroner must give the record made under this paragraph to the Chief Coroner.3The Chief Coroner must retain a record made this paragraph until the Chief Coroner has given to the Lord Chancellor the report under section 36 for the calendar year in which the authorisation in question was given.51A power under paragraph 3(4) is not exercisable unless the person exercising the power has reasonable grounds for believing—athat its exercise may assist the investigation, andbin the case of the seizure of anything, that the seizure is necessary to prevent the thing being concealed, lost, damaged, altered or destroyed.2The power under paragraph 3(4)(b) includes power to require any information that is stored in an electronic form and is on, or accessible from, the land to be produced in a form—ain which it can be taken away, andbin which it is legible or from which it can readily be produced in a legible form.3A power under paragraph 3(4) does not apply to any item that the person by whom the power is exercisable has reasonable grounds for believing to be subject to legal privilege.4Anything that has been seized or taken away under paragraph 3 may be retained for so long as is necessary in all the circumstances.5A person on whom a power is conferred by virtue of paragraph 3 may use reasonable force, if necessary, in the exercise of the power.6In this paragraph “subject to legal privilege”, in relation to an item, has the meaning given by section 10 of the Police and Criminal Evidence Act 1984 (c. 60).<Emphasis>Exhumation of body for examination</Emphasis>61A senior coroner may order the exhumation of a person's body if sub-paragraph (2) or (3) applies.2This sub-paragraph applies if—athe body is buried in England and Wales (whether or not within the coroner area for which the coroner is appointed), andbthe coroner thinks it necessary for the body to be examined under section 14.3This sub-paragraph applies if—athe body is buried within the coroner area for which the coroner is appointed, andbthe coroner thinks it necessary for the body to be examined for the purpose of any criminal proceedings that have been instituted or are contemplated in respect of—ithe death of the person whose body it is, oriithe death of another person who died in circumstances connected with the death of that person.4In sub-paragraph (3) “criminal proceedings” includes proceedings in respect of an offence under section 42 of the Armed Forces Act 2006 (c. 52) (or section 70 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18), section 70 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or section 42 of the Naval Discipline Act 1957 (c. 53)).<Emphasis>Action to prevent other deaths</Emphasis>71Where—aa senior coroner has been conducting an investigation under this Part into a person's death,banything revealed by the investigation gives rise to a concern that circumstances creating a risk of other deaths will occur, or will continue to exist, in the future, andcin the coroner's opinion, action should be taken to prevent the occurrence or continuation of such circumstances, or to eliminate or reduce the risk of death created by such circumstances,the coroner must report the matter to a person who the coroner believes may have power to take such action.2A person to whom a senior coroner makes a report under this paragraph must give the senior coroner a written response to it.3A copy of a report under this paragraph, and of the response to it, must be sent to the Chief Coroner.Schedule 6OffencesSection 33Part 1Offences relating to jurors<Emphasis> <Addition ChangeId="key-6d2c67d186547aa11ac4983282e0caa1-1485437921533" CommentaryRef="key-6d2c67d186547aa11ac4983282e0caa1"> Serving while disqualified, failure to attend </Addition><Addition ChangeId="key-6d2c67d186547aa11ac4983282e0caa1-1485437921533" CommentaryRef="key-6d2c67d186547aa11ac4983282e0caa1">etc</Addition> </Emphasis>11It is an offence for a person to serve on a jury at an inquest if the person—ais disqualified from jury service (by reason of being a person listed in Part 2 of Schedule 1 to the Juries Act 1974 (c. 23)), andbknows that he or she is disqualified from jury service.2A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 5 on the standard scale.21It is an offence for a person—ato refuse without reasonable excuse to answer any question put under section 8(5),bto give an answer to such a question knowing the answer to be false in a material particular, orcrecklessly to give an answer to such a question that is false in a material particular.2A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 3 on the standard scale.31It is an offence for a person who is duly summoned as a juror at an inquest—ato make any false representation, orbto cause or permit to be made any false representation on his or her behalf,with the intention of evading service as a juror at an inquest.2A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 3 on the standard scale.41It is an offence for a person to make or cause to be made, on behalf of a person who has been duly summoned as a juror at an inquest, any false representation with the intention of enabling the other person to evade service as a juror at an inquest.2A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 3 on the standard scale.51A senior coroner, or (as the case may be) the Coroner for Treasure, may impose a fine not exceeding £1000 on a person duly summoned as a juror at an inquest who—afails without reasonable excuse to attend in accordance with the summons, orbattends in accordance with the summons but refuses without reasonable excuse to serve as a juror.2But a fine may not be imposed under this paragraph unless the summons was duly served on the person in question not later than 14 days before the day on which he or she was required to attend.<Emphasis><Addition ChangeId="key-b4135c1d81f9e00255d7dca9ed33d465-1485438569952" CommentaryRef="key-b4135c1d81f9e00255d7dca9ed33d465">Research by jurors</Addition></Emphasis>5A1It is an offence for a member of a jury at an inquest to research the case during the inquest period, subject to the exceptions in sub-paragraphs (6) and (7).2A person researches a case if (and only if) the person—aintentionally seeks information, andbwhen doing so, knows or ought reasonably to know that the information is or may be relevant to the inquest.3The ways in which a person may seek information include—aasking a question,bsearching an electronic database, including by means of the internet,cvisiting or inspecting a place or object,dconducting an experiment, andeasking another person to seek the information.4Information relevant to the inquest includes information about—aa person involved in events relevant to the inquest,bthe senior coroner dealing with the inquest,cany other person who is involved in the inquest, whether as a lawyer, a witness or otherwise,dthe law relating to the case,ethe law of evidence, andfprocedure at inquests.5“The inquest period”, in relation to a member of a jury at an inquest, is the period—abeginning when the person is sworn to inquire into the case, andbending when the senior coroner discharges the jury or, if earlier, when the senior coroner discharges the person.6It is not an offence under this paragraph for a person to seek information if the person needs the information for a reason which is not connected with the case.7It is not an offence under this paragraph for a person—ato attend proceedings at the inquest;bto seek information from the senior coroner dealing with the case;cto do anything which the senior coroner dealing with the case directs or authorises the person to do;dto seek information from another member of the jury, unless the person knows or ought reasonably to know that the other member of the jury contravened this paragraph in the process of obtaining the information;eto do anything else which is reasonably necessary in order for the jury to make a determination or finding in the case.8A person guilty of an offence under this paragraph is liable, on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).9Proceedings for an offence under this paragraph may only be instituted by or with the consent of the Attorney General.<Emphasis><Addition ChangeId="key-b4135c1d81f9e00255d7dca9ed33d465-1485438569952" CommentaryRef="key-b4135c1d81f9e00255d7dca9ed33d465">Jurors engaging in other prohibited conduct</Addition></Emphasis>5C1It is an offence for a member of a jury at an inquest intentionally to engage in prohibited conduct during the inquest period, subject to the exceptions in sub-paragraphs (4) and (5).2“Prohibited conduct” means conduct from which it may reasonably be concluded that the person intends to make a determination or finding otherwise than on the basis of the evidence presented at the inquest.3An offence under this paragraph is committed whether or not the person knows that the conduct is prohibited conduct.4It is not an offence under this paragraph for a member of the jury to research the case (as defined in paragraph 5A(2) to (4)).5It is not an offence under this paragraph for a member of the jury to disclose information to another member of the jury.6A person guilty of an offence under this paragraph is liable, on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).7Proceedings for an offence under this paragraph may not be instituted except by or with the consent of the Attorney General.8In this paragraph, “the inquest period” has the same meaning as in paragraph 5A.Part 1A<Addition ChangeId="key-fe98cfe7b8d515b133180ecb59d9cc39-1485438699333" CommentaryRef="key-fe98cfe7b8d515b133180ecb59d9cc39">Offence relating to jury's deliberations</Addition><Addition ChangeId="key-fe98cfe7b8d515b133180ecb59d9cc39-1485438699333" CommentaryRef="key-fe98cfe7b8d515b133180ecb59d9cc39">Offence</Addition>5D1It is an offence for a person intentionally—ato disclose information about statements made, opinions expressed, arguments advanced or votes cast by members of a jury in the course of their deliberations in proceedings at an inquest, orbto solicit or obtain such information,subject to the exceptions in paragraphs 5E to 5G.2A person guilty of an offence under this paragraph is liable, on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).3Proceedings for an offence under this paragraph may not be instituted except by or with the consent of the Attorney General.<Addition ChangeId="key-fe98cfe7b8d515b133180ecb59d9cc39-1485438699333" CommentaryRef="key-fe98cfe7b8d515b133180ecb59d9cc39">Initial exceptions</Addition>5E1It is not an offence under paragraph 5D for a person to disclose information in the inquest mentioned in paragraph 5D(1) for the purposes of enabling the jury to make findings or a determination or in connection with the delivery of findings or a determination.2It is not an offence under paragraph 5D for the senior coroner dealing with that inquest to disclose information—afor the purposes of dealing with the inquest, orbfor the purposes of an investigation by a relevant investigator into whether an offence or contempt of court has been committed by or in relation to a juror in the inquest.3It is not an offence under paragraph 5D for a person who reasonably believes that a disclosure described in sub-paragraph (2)(b) has been made to disclose information for the purposes of the investigation.4It is not an offence under paragraph 5D to publish information disclosed as described in sub-paragraph (1) or (2)(a) in the inquest mentioned in paragraph 5D(1).5In this paragraph—“publish” means make available to the public or a section of the public;“relevant investigator” means—a police force;the Attorney General;any other person or class of person specified by the Lord Chancellor for the purposes of this paragraph by regulations.6The Lord Chancellor must obtain the consent of the Lord Chief Justice before making regulations under this paragraph.<Addition ChangeId="key-fe98cfe7b8d515b133180ecb59d9cc39-1485438699333" CommentaryRef="key-fe98cfe7b8d515b133180ecb59d9cc39">Further exceptions</Addition>5F1It is not an offence under paragraph 5D for a person to disclose information to a person listed in sub-paragraph (2) if—athe disclosure is made after the jury at the inquest mentioned in paragraph 5D(1) has been discharged, andbthe person making the disclosure reasonably believes that—ian offence or contempt of court has been, or may have been, committed by or in relation to a juror in connection with that inquest, oriiconduct of a juror in connection with that inquest may provide grounds for an application under section 13(1)(b) of the Coroners Act 1988.2Those persons are—aa member of a police force;bthe Attorney General's Office;ca judge of the High Court;dthe Chief Coroner;ethe senior coroner who dealt with the inquest mentioned in paragraph 5D(1);fa coroner's officer or a member of staff assisting a senior coroner who would reasonably be expected to disclose the information only to a person mentioned in paragraphs (b) to (e).3It is not an offence under paragraph 5D for a member of a police force to disclose information for the purposes of obtaining assistance in deciding whether to submit the information to a person listed in sub-paragraph (2), provided that the disclosure does not involve publishing the information.4It is not an offence under paragraph 5D for the Attorney General's Office or a judge of the High Court to disclose information for the purposes of an investigation by a relevant investigator into—awhether an offence or contempt of court has been committed by or in relation to a juror in connection with the inquest mentioned in paragraph 5D(1), orbwhether conduct of a juror in connection with that inquest may provide grounds for an application under section 13(1)(b) of the Coroners Act 1988.5It is not an offence under paragraph 5D for a person who reasonably believes that a disclosure described in sub-paragraph (4) has been made to disclose information for the purposes of the investigation.6It is not an offence under paragraph 5D for a person to disclose information in evidence in—aproceedings for an offence or contempt of court alleged to have been committed by or in relation to a juror in connection with the inquest mentioned in paragraph 5D(1),bproceedings on an application to the High Court under section 13(1)(b) of the Coroners Act 1988 in connection with the inquest mentioned in paragraph 5D(1) where an allegation relating to conduct of or in relation to a juror forms part of the grounds for the application, orcproceedings on any further appeal, reference or investigation arising out of proceedings mentioned in paragraph (a) or (b).7It is not an offence under paragraph 5D for a person to disclose information in the course of taking reasonable steps to prepare for proceedings described in sub-paragraph (6)(a) to (c).8It is not an offence under paragraph 5D to publish information disclosed as described in sub-paragraph (6).9In this paragraph—“the Attorney General's Office” means the Attorney General, the Solicitor General or a member of staff of the Attorney General's Office;“publish” means make available to the public or a section of the public;“relevant investigator” means—a police force;the Attorney General;the Criminal Cases Review Commission;the Crown Prosecution Service;a senior coroner, area coroner or assistant coroner;any other person or class of person specified by the Lord Chancellor for the purposes of this paragraph by regulations.10The Lord Chancellor must obtain the consent of the Lord Chief Justice before making regulations under this paragraph.<Addition ChangeId="key-fe98cfe7b8d515b133180ecb59d9cc39-1485438699333" CommentaryRef="key-fe98cfe7b8d515b133180ecb59d9cc39">Exceptions for soliciting disclosures or obtaining information</Addition>5G1It is not an offence under paragraph 5D to solicit a disclosure described in paragraph 5E(1) to (4) or paragraph 5F(1) to (8).2It is not an offence under paragraph 5D to obtain information—aby means of a disclosure described in paragraph 5E(1) to (4) or paragraph 5F(1) to (8), orbfrom a document that is available to the public or a section of the public.Part 2Offences relating to witnesses and evidence6A senior coroner, or (as the case may be) the Coroner for Treasure, may impose a fine not exceeding £1000 on a person who fails without reasonable excuse to do anything required by a notice under paragraph 1 of Schedule 5.71It is an offence for a person to do anything that is intended to have the effect of—adistorting or otherwise altering any evidence, document or other thing that is given, produced or provided for the purposes of an investigation under this Part of this Act, orbpreventing any evidence, document or other thing from being given, produced or provided for the purposes of such an investigation,or to do anything that the person knows or believes is likely to have that effect.2It is an offence for a person—aintentionally to suppress or conceal a document that is, and that the person knows or believes to be, a relevant document, orbintentionally to alter or destroy such a document.3For the purposes of sub-paragraph (2) a document is a “relevant document” if it is likely that a person conducting an investigation under this Part of this Act would (if aware of its existence) wish to be provided with it.4A person does not commit an offence under sub-paragraph (1) or (2) by doing anything that is authorised or required—aby a senior coroner or the Coroner for Treasure, orbby virtue of paragraph 2 of Schedule 5 or any privilege that applies.5Proceedings for an offence under sub-paragraph (1) or (2) may be instituted only by or with the consent of the Director of Public Prosecutions.6A person guilty of an offence under sub-paragraph (1) or (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale, or to imprisonment for a term not exceeding 51 weeks, or to both.81It is an offence for a person, in giving unsworn evidence at an inquest by virtue of section 45(2)(a), to give false evidence in such circumstances that, had the evidence been given on oath, he or she would have been guilty of perjury.2A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding £1000, or to imprisonment for a term not exceeding 51 weeks, or to both.3In relation to a person under the age of 14, sub-paragraph (2) has effect as if for the words following “summary conviction” there were substituted “ to a fine not exceeding £250 ”.4For the purposes of sub-paragraph (3), a person's age is to be taken to be that which it appears to the court to be after considering any available evidence.Part 3Miscellaneous91The powers of a senior coroner or the Coroner for Treasure under paragraph 5 or 6 are additional to, and do not affect, any other power the coroner may have—ato compel a person to appear before him or her;bto compel a person to give evidence or produce any document or other thing;cto punish a person for contempt of court for failure to appear or to give evidence or to produce any document or other thing.2But a person may not be fined under paragraph 5 or 6 and also be punished under any such other power.10In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), a reference in this Schedule to 51 weeks is to be read as a reference to 6 months.11Nothing in paragraph 5A, 5B or 5C affects what constitutes contempt of court at common law.Schedule 7Allowances, fees and expensesSection 34Part 1Allowances payable to jurors1A person who serves as a juror at an inquest is entitled, in respect of attending the inquest, to receive payments by way of allowance—afor travelling and subsistence;bfor financial loss.This is subject to any conditions prescribed by regulations.2But a person is entitled to receive payments by way of allowance for financial loss only if, in consequence of attending the inquest, the person has—aincurred expenses (other than on travelling and subsistence) that he or she would otherwise not have incurred,bsuffered a loss of earnings that he or she would otherwise not have suffered, orcsuffered a loss of benefit under the enactments relating to social security that he or she would otherwise not have suffered.3Regulations may prescribe the rates of any allowances payable under paragraph 1.4The amount due to a person under paragraph 1 is to be calculated by the senior coroner and paid by (or on behalf of) the senior coroner or, where appropriate, the Coroner for Treasure.Part 2Allowances payable to witnesses51Regulations may prescribe the allowances that may be paid by (or on behalf of) senior coroners or the Coroner for Treasure—ato witnesses;bto persons who produce documents or things by virtue of paragraph 1(1) or (2) of Schedule 5;cto persons who provide evidence in the form of a written statement by virtue of paragraph 1(2)(a) of that Schedule.2In this paragraph “witness” means a person properly attending before a senior coroner to give evidence at an inquest or in connection with the possibility of doing so (whether or not the person actually gives evidence), but does not include—aa police officer, member of a police force or member of the tri-service serious crime unit, attending in his or her capacity as such;ba full-time officer of an institution to which the Prison Act 1952 (c. 52) applies in his or her capacity as such;ca prisoner in respect of an occasion on which he or she is conveyed in custody to appear before a senior coroner.Part 3Miscellaneous fees, allowances and expenses6Regulations may prescribe the fees and allowances that may be paid by (or on behalf of) senior coroners to persons who make examinations under section 14.71A relevant authority for a coroner area may issue a schedule of the fees, allowances and expenses that may be lawfully paid or incurred by the senior coroner for the area in the performance of the coroner's functions.2The power under sub-paragraph (1) includes power to amend or revoke any schedule issued.3In exercising the power under sub-paragraph (1) a relevant authority must have regard to any guidance from time to time issued by the Lord Chancellor.4A copy of any schedule that is issued or amended must be given to the senior coroner.5The reference in sub-paragraph (1) to fees and allowances does not include fees or allowances within any of the preceding paragraphs of this Schedule.8Regulations may prescribe the fees payable to coroners for supplying copies of documents in their custody relating to investigations or inquests under this Part of this Act that they are conducting or have conducted.Part 4Meeting or reimbursing expenses91Regulations may make provision for or in connection with meeting or reimbursing—aexpenses incurred by senior coroners (including expenses incurred under or by virtue of paragraph 4, 5 or 6);bexpenses incurred by area coroners and assistant coroners;cexpenses incurred by virtue of Schedule 10 in the conduct of an investigation by the Chief Coroner or the Coroner for Treasure or by a judge, former judge or former coroner.2The regulations may make provision—afor accounts or evidence relating to expenses to be provided to relevant authorities;bfor or in connection with the meeting or reimbursement by relevant authorities of expenses of a description specified in the regulations;cfor or in connection with appeals relating to decisions with respect to meeting or reimbursing expenses.This sub-paragraph is not to be read as limiting the power in sub-paragraph (1).3A reference in this paragraph to meeting or reimbursing expenses incurred by a person (“P”) includes a reference to indemnifying P in respect of—acosts that P reasonably incurs in or in connection with proceedings in respect of things done or omitted in the exercise (or purported exercise) by P of duties under this Part of this Act;bcosts that P reasonably incurs in taking steps to dispute claims that might be made in such proceedings;cdamages awarded against P, or costs ordered to be paid by P, in such proceedings;dsums payable by P in connection with a reasonable settlement of such proceedings or of claims that might be made in such proceedings.Part 5Supplemental10For the purposes of paragraph 1, a person who attends for service as a juror in accordance with a summons is to be treated as serving as a juror even if he or she is not sworn.111The power to make regulations under this Schedule is exercisable by the Lord Chancellor.2Regulations under this Schedule may be made only if—athe Lord Chief Justice, orba judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005 (c. 4)) nominated for the purposes of this sub-paragraph by the Lord Chief Justice,agrees to the making of the regulations.Schedule 8Chief Coroner and Deputy Chief CoronersSection 35<Emphasis>Appointment of Chief Coroner</Emphasis>11The Lord Chief Justice may appoint a person as the Chief Coroner.2To be eligible for appointment as the Chief Coroner a person must be—aa judge of the High Court or a Circuit judge, andbunder the age of 75.3The Lord Chief Justice must consult the Lord Chancellor before making an appointment under this paragraph.4The appointment of a person as the Chief Coroner is to be for a term decided by the Lord Chief Justice after consulting the Lord Chancellor.5In this paragraph “appointment” includes re-appointment.<Emphasis>Appointment of Deputy Chief Coroners</Emphasis>21The Lord Chief Justice may secure the appointment as Deputy Chief Coroners of however many persons the Lord Chief Justice thinks appropriate.2To be eligible for appointment as a Deputy Chief Coroner a person must be—aa judge of the High Court, a Circuit judge, the Coroner for Treasure or a senior coroner, andbunder the age of 75.3The Lord Chief Justice must consult the Lord Chancellor as to—athe appropriate number of persons to be appointed as Deputy Chief Coroners;bhow many of them are to be persons eligible for appointment by virtue of being judges and how many are to be persons eligible for appointment by virtue of being senior coroners or the Coroner for Treasure.4The function of appointing a person as a Deputy Chief Coroner is exercisable, in the case of a judge of the High Court or a Circuit judge, by the Lord Chief Justice after consulting the Lord Chancellor.5The appointment by the Lord Chief Justice of a person as a Deputy Chief Coroner is to be for a term decided by the Lord Chief Justice after consulting the Lord Chancellor.6The function of appointing a person as a Deputy Chief Coroner is exercisable, in the case of a senior coroner or the Coroner for Treasure, by the Lord Chancellor at the invitation of the Lord Chief Justice.7The appointment by the Lord Chancellor of a person as a Deputy Chief Coroner is to be for a term decided by the Lord Chancellor after consulting the Lord Chief Justice.8In this paragraph “appointment” includes re-appointment.<Emphasis>Resignation or removal</Emphasis>31The Chief Coroner, or a Deputy Chief Coroner appointed by the Lord Chief Justice, may resign from office by giving notice in writing to the Lord Chief Justice.2But the resignation does not take effect unless and until it is accepted by the Lord Chief Justice, who must consult the Lord Chancellor before accepting it.3A Deputy Chief Coroner appointed by the Lord Chancellor may resign from office by giving notice in writing to the Lord Chancellor.4But the resignation does not take effect unless and until it is accepted by the Lord Chancellor, who must consult the Lord Chief Justice before accepting it.41The Lord Chief Justice may, after consulting the Lord Chancellor, remove the Chief Coroner, or a Deputy Chief Coroner appointed by the Lord Chief Justice, from office for incapacity or misbehaviour.2The Lord Chancellor may, after consulting the Lord Chief Justice, remove a Deputy Chief Coroner appointed by the Lord Chancellor from office for incapacity or misbehaviour.<Emphasis>Remuneration, allowances and expenses</Emphasis>5The Lord Chancellor may pay to the Chief Coroner—aamounts determined by the Lord Chancellor by way of remuneration or allowances;bamounts determined by the Lord Chancellor towards expenses incurred by the Chief Coroner in performing functions as such.6The Lord Chancellor may pay to a Deputy Chief Coroner—aamounts determined by the Lord Chancellor by way of remuneration or allowances;bamounts determined by the Lord Chancellor towards expenses incurred by that Deputy Chief Coroner in performing functions as such.7A reference in paragraph 5 or 6 to paying expenses incurred by a person (“P”) includes a reference to indemnifying P in respect of—acosts that P reasonably incurs in or in connection with proceedings in respect of things done or omitted in the exercise (or purported exercise) by P of duties under this Part;bcosts that P reasonably incurs in taking steps to dispute claims that might be made in such proceedings;cdamages awarded against P, or costs ordered to be paid by P, in such proceedings;dsums payable by P in connection with a reasonable settlement of such proceedings or of claims that might be made in such proceedings.<Emphasis>Exercise of Chief Coroner's functions by Deputy Chief coroner</Emphasis>81A Deputy Chief Coroner may perform any functions of the Chief Coroner—aduring a period when the Chief Coroner is absent or unavailable;bduring a vacancy in the office of Chief Coroner;cat any other time, with the consent of the Chief Coroner.2Accordingly a reference in this Part to the Chief Coroner is to be read, where appropriate, as including a Deputy Chief Coroner.<Emphasis>Staff</Emphasis>91The Lord Chancellor must appoint staff to assist the Chief Coroner and any Deputy Chief Coroners in the performance of their functions.2Such staff are to be appointed on whatever terms and conditions the Lord Chancellor thinks appropriate.Schedule 9Medical adviser and Deputy medical advisers to the Chief CoronerSection 38<Emphasis>Appointment and functions of Medical Adviser to the Chief Coroner</Emphasis>1The Lord Chancellor may appoint a person as Medical Adviser to the Chief Coroner (“the Medical Adviser”) to provide advice and assistance to the Chief Coroner as to medical matters in relation to the coroner system.<Emphasis>Appointment and functions of Deputy Medical Advisers to the Chief Coroner</Emphasis>21The Lord Chancellor may appoint however many Deputy Medical Advisers to the Chief Coroner (“Deputy Medical Advisers”) the Lord Chancellor thinks appropriate.2A Deputy Medical Adviser may perform any functions of the Medical Adviser—aduring a period when the Medical Adviser is absent or unavailable;bduring a vacancy in the office of Medical Adviser;cat any other time, with the consent of the Medical Adviser.<Emphasis>Qualification for appointment</Emphasis>3A person may be appointed as the Medical Adviser or as a Deputy Medical Adviser only if, at the time of the appointment, he or she—ais a registered medical practitioner and has been throughout the previous 5 years, andbpractises as such or has done within the previous 5 years.<Emphasis>Consultation before making appointment</Emphasis>4Before appointing a person as the Medical Adviser or as a Deputy Medical Adviser, the Lord Chancellor must consult—athe Chief Coroner, andbthe Welsh Ministers.<Emphasis>Terms and conditions of appointment</Emphasis>5The appointment of a person as the Medical Adviser or as a Deputy Medical Adviser is to be on whatever terms and conditions the Lord Chancellor thinks appropriate.<Emphasis>Remuneration, allowances and expenses</Emphasis>61The Lord Chancellor may pay to the Medical Adviser—aamounts determined by the Lord Chancellor by way of remuneration or allowances;bamounts determined by the Lord Chancellor towards expenses incurred in performing functions as such.2The Lord Chancellor may pay to a Deputy Medical Adviser—aamounts determined by the Lord Chancellor by way of remuneration or allowances;bamounts determined by the Lord Chancellor towards expenses incurred by that Deputy Medical Adviser in performing functions as such.Schedule 10Investigation by Chief Coroner or Coroner for Treasure or by judge, former judge or former coronerSection 41<Emphasis>Investigation by Chief Coroner</Emphasis>11The Chief Coroner may conduct an investigation into a person's death.2Where the Chief Coroner is responsible for conducting an investigation by virtue of this paragraph—athe Chief Coroner has the same functions in relation to the body and the investigation as would be the case if he or she were a senior coroner in whose area the body was situated;bno senior coroner, area coroner or assistant coroner has any functions in relation to the body or the investigation.3Accordingly a reference in a statutory provision (whenever made) to a senior coroner is to be read, where appropriate, as including the Chief Coroner exercising functions by virtue of this paragraph.<Emphasis>Investigation by Coroner for Treasure</Emphasis>21The Chief Coroner may direct the Coroner for Treasure to conduct an investigation into a person's death.2Where a direction is given under this paragraph—athe Coroner for Treasure must conduct the investigation;bthe Coroner for Treasure has the same functions in relation to the body and the investigation as would be the case if he or she were a senior coroner in whose area the body was situated;cno senior coroner, area coroner or assistant coroner has any functions in relation to the body or the investigation.3Accordingly, a reference in a statutory provision (whenever made) to a senior coroner is to be read, where appropriate, as including the Coroner for Treasure exercising functions by virtue of this paragraph.<Emphasis>Investigation by judge, former judge or former coroner</Emphasis>31If requested to do so by the Chief Coroner, the Lord Chief Justice may nominate a person within sub-paragraph (2) to conduct an investigation into a person's death.2A person is within this sub-paragraph if at the time of the nomination he or she is—aa judge of the High Court,ba Circuit judge, orca person who has held office as a judge of the Court of Appeal or of the High Court (but no longer does so),and is under the age of 75.3The Chief Coroner may request a person who at the time of the request—ahas held office as a senior coroner (but no longer does so), andbis under the age of 75,to conduct an investigation into a person's death.4If a person nominated or requested under this paragraph agrees to conduct the investigation—athat person is under a duty to do so;bthat person has the same functions in relation to the body and the investigation as would be the case if he or she were a senior coroner in whose area the body was situated;cno senior coroner, area coroner or assistant coroner has any functions in relation to the body or the investigation.5Accordingly a reference in a statutory provision (whenever made) to a coroner is to be read, where appropriate, as including a person who has been nominated or requested under this paragraph to conduct an investigation and has agreed to do so.6The Lord Chief Justice must consult the Lord Chancellor before making a nomination under this paragraph.<Emphasis>Appeals</Emphasis>4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Emphasis>Investigations already begun</Emphasis>5A reference in this Schedule to conducting an investigation, in the case of an investigation that has already begun, is to be read as a reference to continuing to conduct the investigation.Schedule 11Amendments to the Coroners Act (Northern Ireland) 1959Section 49<Emphasis>Witnesses and evidence</Emphasis>1In the Coroners Act (Northern Ireland) 1959 (c. 15), for section 17 (witnesses to be summoned) substitute—Power to require evidence to be given or produced17A1A coroner who proceeds to hold an inquest may by notice require a person to attend at a time and place stated in the notice and—ato give evidence at the inquest,bto produce any documents in the custody or under the control of the person which relate to a matter that is relevant to the inquest, orcto produce for inspection, examination or testing any other thing in the custody or under the control of the person which relates to a matter that is relevant to the inquest.2A coroner who is making any investigation to determine whether or not an inquest is necessary, or who proceeds to hold an inquest, may by notice require a person, within such period as the coroner thinks reasonable—ato provide evidence to the coroner, about any matters specified in the notice, in the form of a written statement,bto produce any documents in the custody or under the control of the person which relate to a matter that is relevant to the investigation or inquest, orcto produce for inspection, examination or testing any other thing in the custody or under the control of the person which relates to a matter that is relevant to the investigation or inquest.3A notice under subsection (1) or (2) shall—aexplain the possible consequences, under subsection (6), of not complying with the notice;bindicate what the recipient of the notice should do if he wishes to make a claim under subsection (4).4A claim by a person that—ahe is unable to comply with a notice under this section, orbit is not reasonable in all the circumstances to require him to comply with such a notice,is to be determined by the coroner, who may revoke or vary the notice on that ground.5In deciding whether to revoke or vary a notice on the ground mentioned in subsection (4)(b), the coroner shall consider the public interest in the information in question being obtained for the purposes of the inquest, having regard to the likely importance of the information.6A coroner may impose a fine not exceeding £1000 on a person who fails without reasonable excuse to do anything required by a notice under subsection (1) or (2).7For the purposes of this section a document or thing is under a person's control if it is in the person's possession or if he has a right to possession of it.8Nothing in this section shall prevent a person who has not been given a notice under subsection (1) or (2) from giving or producing any evidence, document or other thing.Giving or producing evidence: further provision17B1The power of a coroner under section 17A(6) is additional to, and does not affect, any other power the coroner may have—ato compel a person to appear before him;bto compel a person to give evidence or produce any document or other thing;cto punish a person for contempt of court for failure to appear or to give evidence or to produce any document or other thing.But a person may not be fined under that section and also be punished under any such other power.2A person may not be required to give or produce any evidence or document under section 17A if—ahe could not be required to do so in civil proceedings in a court in Northern Ireland, orbthe requirement would be incompatible with a Community obligation.3The rules of law under which evidence or documents are permitted or required to be withheld on grounds of public interest immunity apply in relation to an inquest as they apply in relation to civil proceedings in a court in Northern Ireland.Offences relating to evidence17C1It is an offence for a person to do anything that is intended to have the effect of—adistorting or otherwise altering any evidence, document or other thing that is given or produced for the purposes of any investigation or inquest under this Act, orbpreventing any evidence, document or other thing from being given or produced for the purposes of such an investigation or inquest,or to do anything that the person knows or believes is likely to have that effect.2It is an offence for a person—aintentionally to suppress or conceal a document that is, and that the person knows or believes to be, a relevant document, orbintentionally to alter or destroy such a document.3For the purposes of subsection (2) a document is a “relevant document” if it is likely that a coroner making any investigation or holding an inquest would (if aware of its existence) wish to be provided with it.4A person does not commit an offence under subsection (1) or (2) by doing anything that is authorised or required—aby a coroner, orbby virtue of section 17B(2) or (3) or any privilege that applies.5Proceedings for an offence under subsection (1) or (2) may be instituted only by or with the consent of the Director of Public Prosecutions for Northern Ireland.6A person guilty of an offence under subsection (1) or (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale, or to imprisonment for a term not exceeding 6 months, or to both.2Omit sections 19 (service of summonses) and 20 (provisions as to witnesses) of that Act.Schedule 12Encouraging or assisting suicide: providers of information society servicesSection 61<Emphasis>Domestic service providers: extension of liability</Emphasis>1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Emphasis>Non-UK service providers: restriction on institution of proceedings</Emphasis>3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Emphasis>Exceptions for mere conduits</Emphasis>41A service provider is not capable of being guilty of a relevant offence in respect of anything done in the course of providing so much of an information society service as consists in—athe provision of access to a communication network, orbthe transmission in a communication network of information provided by a recipient of the service,if the condition in sub-paragraph (2) is satisfied.2The condition is that the service provider does not—ainitiate the transmission,bselect the recipient of the transmission, orcselect or modify the information contained in the transmission.3For the purposes of sub-paragraph (1)—athe provision of access to a communication network, andbthe transmission of information in a communication network,includes the automatic, intermediate and transient storage of the information transmitted so far as the storage is solely for the purpose of carrying out the transmission in the network.4Sub-paragraph (3) does not apply if the information is stored for longer than is reasonably necessary for the transmission.<Emphasis>Exception for caching</Emphasis>51This paragraph applies where an information society service consists in the transmission in a communication network of information provided by a recipient of the service.2The service provider is not capable of being guilty of a relevant offence in respect of the automatic, intermediate and temporary storage of information so provided, if—athe storage of the information is solely for the purpose of making more efficient the onward transmission of the information to other recipients of the service at their request, andbthe condition in sub-paragraph (3) is satisfied.3The condition is that the service provider—adoes not modify the information,bcomplies with any conditions attached to having access to the information, andc(where sub-paragraph (4) applies) expeditiously removes the information or disables access to it.4This sub-paragraph applies if the service provider obtains actual knowledge that—athe information at the initial source of the transmission has been removed from the network,baccess to it has been disabled, orca court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information.<Emphasis>Exception for hosting</Emphasis>61A service provider is not capable of being guilty of a relevant offence in respect of anything done in the course of providing so much of an information society service as consists in the storage of information provided by a recipient of the service if—athe service provider had no actual knowledge when the information was provided that the information was capable of, and provided with the intention of, encouraging or assisting suicide or an attempt at suicide, orbon obtaining such knowledge, the service provider expeditiously removed the information or disabled access to the information.2Sub-paragraph (1) does not apply if the recipient of the service is acting under the authority or control of the service provider.<Emphasis>Interpretation</Emphasis>71This paragraph applies for the purposes of this Schedule.2“Relevant offence” means an offence under—asection 2 of the Suicide Act 1961 (c.60) (criminal liability for complicity in another’s suicide), orbsection 13 of the Criminal Justice Act (Northern Ireland) 1966 (c. 20 (N.I.)) (criminal liability for complicity in another’s suicide).3“Information society services”—ahas the meaning given in Article 2(a) of the E-Commerce Directive (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations), andbis summarised in recital 17 of the E-Commerce Directive as covering “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”;and “the E-Commerce Directive” means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce).4“Recipient”, in relation to a service, means any person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible.5“Service provider” means a person providing an information society service.6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Schedule 13Prohibited images: providers of information society servicesSection 68<Emphasis>Domestic service providers: extension of liability</Emphasis>1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Emphasis>Non-UK service providers: restriction on institution of proceedings</Emphasis>2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Emphasis>Exceptions for mere conduits</Emphasis>31A service provider is not capable of being guilty of an offence under section 62(1) in respect of anything done in the course of providing so much of an information society service as consists in—athe provision of access to a communication network, orbthe transmission in a communication network of information provided by a recipient of the service,if the condition in sub-paragraph (2) is satisfied.2The condition is that the service provider does not—ainitiate the transmission,bselect the recipient of the transmission, orcselect or modify the information contained in the transmission.3For the purposes of sub-paragraph (1)—athe provision of access to a communication network, andbthe transmission of information in a communication network,includes the automatic, intermediate and transient storage of the information transmitted so far as the storage is solely for the purpose of carrying out the transmission in the network.4Sub-paragraph (3) does not apply if the information is stored for longer than is reasonably necessary for the transmission.<Emphasis>Exception for caching</Emphasis>41This paragraph applies where an information society service consists in the transmission in a communication network of information provided by a recipient of the service.2The service provider is not capable of being guilty of an offence under section 62(1) in respect of the automatic, intermediate and temporary storage of information so provided, if—athe storage of the information is solely for the purpose of making more efficient the onward transmission of the information to other recipients of the service at their request, andbthe condition in sub-paragraph (3) is satisfied.3The condition is that the service provider—adoes not modify the information,bcomplies with any conditions attached to having access to the information, andc(where sub-paragraph (4) applies) expeditiously removes the information or disables access to it.4This sub-paragraph applies if the service provider obtains actual knowledge that—athe information at the initial source of the transmission has been removed from the network,baccess to it has been disabled, orca court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information.<Emphasis>Exception for hosting</Emphasis>51A service provider is not capable of being guilty of an offence under section 62(1) in respect of anything done in the course of providing so much of an information society service as consists in the storage of information provided by a recipient of the service if—athe service provider had no actual knowledge when the information was provided that it contained offending material, orbon obtaining actual knowledge that the information contained offending material, the service provider expeditiously removed the information or disabled access to it.2“Offending material” means material the possession of which constitutes an offence under section 62(1).3Sub-paragraph (1) does not apply if the recipient of the service is acting under the authority or control of the service provider.<Emphasis>Interpretation</Emphasis>61This paragraph applies for the purposes of this Schedule.2“Prohibited image of a child” has the same meaning as in section 62.3“Information society services”—ahas the meaning given in Article 2(a) of the E-Commerce Directive (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations), andbis summarised in recital 17 of the E-Commerce Directive as covering “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”;and “the E-Commerce Directive” means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce).4“Recipient”, in relation to a service, means any person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible.5“Service provider” means a person providing an information society service.6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Schedule 14Schedule 1A to the Youth Justice and Criminal Evidence Act 1999Section 99<CommentaryRef Ref="key-a79d2921266175cc2aa568beade503ee"/>

The following is the Schedule to be inserted as Schedule 1A to the Youth Justice and Criminal Evidence Act 1999 (c. 23)—Schedule 1ARelevant offences for the purposes of section 17<Emphasis>Murder and manslaughter</Emphasis>1Murder in a case where it is alleged that a firearm or knife was used to cause the death in question.2Manslaughter in a case where it is alleged that a firearm or knife was used to cause the death in question.3Murder or manslaughter in a case (other than a case falling within paragraph 1 or 2) where it is alleged that—athe accused was carrying a firearm or knife at any time during the commission of the offence, andba person other than the accused knew or believed at any time during the commission of the offence that the accused was carrying a firearm or knife.<Emphasis>Offences against the Person Act 1861 (c. 100)</Emphasis>4An offence under section 18 of the Offences against the Person Act 1861 (wounding with intent to cause grievous bodily harm etc) in a case where it is alleged that a firearm or knife was used to cause the wound or harm in question.5An offence under section 20 of that Act (malicious wounding) in a case where it is alleged that a firearm or knife was used to cause the wound or inflict the harm in question.6An offence under section 38 of that Act (assault with intent to resist arrest) in a case where it is alleged that a firearm or knife was used to carry out the assault in question.7An offence under section 47 of the Offences against the Person Act 1861 (assault occasioning actual bodily harm) in a case where it is alleged that a firearm or knife was used to inflict the harm in question.8An offence under section 18, 20, 38 or 47 of the Offences against the Person Act 1861 in a case (other than a case falling within any of paragraphs 4 to 7) where it is alleged that—athe accused was carrying a firearm or knife at any time during the commission of the offence, andba person other than the accused knew or believed at any time during the commission of the offence that the accused was carrying a firearm or knife.<Emphasis>Prevention of Crime Act 1953 (c. 14)</Emphasis>9An offence under section 1 of the Prevention of Crime Act 1953 (having an offensive weapon in a public place).<Emphasis>Firearms Act 1968 (c. 27)</Emphasis>10An offence under section 1 of the Firearms Act 1968 (requirement of firearm certificate).11An offence under section 2(1) of that Act (possession etc of a shot gun without a certificate).12An offence under section 3 of that Act (business and other transactions with firearms and ammunition).13An offence under section 4 of that Act (conversion of weapons).14An offence under section 5(1) of that Act (weapons subject to general prohibition).15An offence under section 5(1A) of that Act (ammunition subject to general prohibition).16An offence under section 16 of that Act (possession with intent to injure).17An offence under section 16A of that Act (possession with intent to cause fear of violence).18An offence under section 17 of that Act (use of firearm to resist arrest).19An offence under section 18 of that Act (carrying firearm with criminal intent).20An offence under section 19 of that Act (carrying firearm in a public place).21An offence under section 20 of that Act (trespassing with firearm).22An offence under section 21 of that Act (possession of firearms by person previously convicted of crime).23An offence under section 21A of that Act (firing an air weapon beyond premises).24An offence under section 24A of that Act (supplying imitation firearms to minors).<Emphasis>Criminal Justice Act 1988 (c. 33)</Emphasis>25An offence under section 139 of the Criminal Justice Act 1988 (having article with blade or point in public place).26An offence under section 139A of that Act (having article with blade or point (or offensive weapon) on school premises).<Emphasis>Violent Crime Reduction Act 2006 (c. 38)</Emphasis>27An offence under section 28 of the Violent Crime Reduction Act 2006 (using someone to mind a weapon).28An offence under section 32 of that Act (sales of air weapons by way of trade or business to be face to face).29An offence under section 36 of that Act (manufacture, import and sale of realistic imitation firearms).<Emphasis>General</Emphasis>30A reference in any of paragraphs 1 to 8 to an offence (“offence A”) includes—aa reference to an attempt to commit offence A in a case where it is alleged that it was attempted to commit offence A in the manner or circumstances described in that paragraph,ba reference to a conspiracy to commit offence A in a case where it is alleged that the conspiracy was to commit offence A in the manner or circumstances described in that paragraph,ca reference to an offence under Part 2 of the Serious Crime Act 2007 in relation to which offence A is the offence (or one of the offences) which the person intended or believed would be committed in a case where it is alleged that the person intended or believed offence A would be committed in the manner or circumstances described in that paragraph, andda reference to aiding, abetting, counselling or procuring the commission of offence A in a case where it is alleged that offence A was committed, or the act or omission charged in respect of offence A was done or made, in the manner or circumstances described in that paragraph.31A reference in any of paragraphs 9 to 29 to an offence (“offence A”) includes—aa reference to an attempt to commit offence A,ba reference to a conspiracy to commit offence A,ca reference to an offence under Part 2 of the Serious Crime Act 2007 in relation to which offence A is the offence (or one of the offences) which the person intended or believed would be committed, andda reference to aiding, abetting, counselling or procuring the commission of offence A.<Emphasis>Interpretation</Emphasis>32In this Schedule—“firearm” has the meaning given by section 57 of the Firearms Act 1968;“knife” has the meaning given by section 10 of the Knives Act 1997.

Schedule 15The Sentencing Council for England and WalesSection 118<Emphasis>Constitution of the Council</Emphasis>1The Council is to consist of—a8 members appointed by the Lord Chief Justice with the agreement of the Lord Chancellor (“judicial members”);b6 members appointed by the Lord Chancellor with the agreement of the Lord Chief Justice (“non-judicial members”).<Emphasis>Appointment of a person to chair the Council etc</Emphasis>2The Lord Chief Justice must, with the agreement of the Lord Chancellor, appoint—aa judicial member to chair the Council (“the chairing member”), andbanother judicial member to chair the Council in the absence of the chairing member.<Emphasis>Appointment of judicial members</Emphasis>31A person is eligible for appointment as a judicial member if the person is—aa judge of the Court of Appeal,ba puisne judge of the High Court,ca Circuit judge,da District Judge (Magistrates' Courts), orea lay justice.2The judicial members must include at least one Circuit judge, one District Judge (Magistrates' Courts) and one lay justice.3When appointing judicial members, the Lord Chief Justice must have regard to the desirability of the judicial members including at least one person who appears to the Lord Chief Justice to have responsibilities relating to the training of judicial office-holders who exercise criminal jurisdiction in England and Wales.4“Judicial office-holder” has the meaning given by section 109(4) of the Constitutional Reform Act 2005 (c. 4).<Emphasis>Appointment of non-judicial members</Emphasis>41A person is eligible for appointment as a non-judicial member if the person appears to the Lord Chancellor to have experience in one or more of the following areas—acriminal defence;bcriminal prosecution;cpolicing;dsentencing policy and the administration of justice;ethe promotion of the welfare of victims of crime;facademic study or research relating to criminal law or criminology;gthe use of statistics;hthe rehabilitation of offenders.2The persons eligible for appointment as a non-judicial member by virtue of experience of criminal prosecution include the Director of Public Prosecutions.<Emphasis>President of the Council</Emphasis>51The Lord Chief Justice is to have the title of President of the Sentencing Council for England and Wales.2The President is not a member of the Council.<Emphasis>Lord Chancellor's representative</Emphasis>61The Lord Chancellor may appoint a person to attend and speak at any meeting of the Council.2The person appointed under sub-paragraph (1) must be a person appearing to the Lord Chancellor to have experience of sentencing policy.<Emphasis>Terms of appointment</Emphasis>71The Lord Chancellor may by order make provision—aas to the term of office, resignation and re-appointment of judicial members and non-judicial members;benabling the Lord Chancellor to remove a judicial member from office, with the agreement of the Lord Chief Justice, on the grounds of incapacity or misbehaviour;cenabling the Lord Chancellor to remove a non-judicial member from office on the grounds of incapacity or misbehaviour.2The following provisions apply to an order under sub-paragraph (1)—aif the order includes provision falling within sub-paragraph (1)(a), the Lord Chancellor must consult the Lord Chief Justice about that provision before making the order;bif the order includes provision falling within sub-paragraph (1)(b), the order may not be made unless the Lord Chief Justice agrees to the inclusion of that provision.<Emphasis>Vacancies etc</Emphasis>8The validity of anything done by the Council is not affected by any vacancy among its members, by any defect in the appointment of a member or by any failure to comply with paragraph 2, 3 or 4.<Emphasis>Remuneration etc</Emphasis>91The Lord Chancellor may pay—ato any judicial member who is appointed by virtue of being a lay justice, such remuneration or expenses as the Lord Chancellor may determine, andbto any other judicial member, such expenses as the Lord Chancellor may determine.2The Lord Chancellor may pay to any non-judicial member such remuneration or expenses as the Lord Chancellor may determine (except that, where the Director of Public Prosecutions is such a member, no remuneration may be paid to the Director).<Emphasis>Interpretation</Emphasis>10In this Schedule “lay justice” means a justice of the peace who is not a District Judge (Magistrates' Courts).Schedule 16Extension of disqualification for drivingSection 137<Emphasis>Criminal Justice (Northern Ireland) Order 1980 (S.I. 1980/704 (N.I. 6))</Emphasis>1After Article 8 of the Criminal Justice (Northern Ireland) Order 1980 insert—Extension of disqualification where custodial sentence also imposed8A1This Article applies where a person is convicted of an offence for which the court—aimposes a custodial sentence, andborders the person to be disqualified under Article 8 for holding or obtaining a driving licence or a provisional licence granted under Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)).2The order under Article 8 must provide for the person to be disqualified for the appropriate extension period, in addition to the discretionary disqualification period.3The discretionary disqualification period is the period for which, in the absence of this Article, the court would have disqualified the person under Article 8.4The appropriate extension period is—awhere a court imposes a sentence under Article 45(2) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) (punishment of grave crimes: indeterminate sentences), a period equal to the period specified in the sentence under Article 45(2) of that Order less any relevant discount;bwhere an order under Article 5(1) of the Life Sentences (Northern Ireland) Order 2001 (S.I. 2001/2564 (N.I. 2)) (determination of tariffs) is made in relation to the custodial sentence, a period equal to the part of the sentence specified in that order less any relevant discount;cwhere Article 8(1) of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)) (sentence for a determinate term) applies in relation to the custodial sentence, a period equal to the custodial period specified pursuant to Article 8(2) of that Order less any relevant discount;dwhere a court imposes a sentence under Article 13(3) of the Criminal Justice (Northern Ireland) Order 2008 (indeterminate custodial sentences for serious offences), a period equal to the period specified pursuant to Article 13(3)(b) of that Order less any relevant discount;ewhere Article 14(3) of the Criminal Justice (Northern Ireland) Order 2008 (extended custodial sentences for certain offences where the offender is aged over 21) applies in relation to the custodial sentence, a period equal to half of the term imposed pursuant to Article 14(3)(a) of that Order calculated after that term has been reduced by any relevant discount;fwhere Article 14(5) of the Criminal Justice (Northern Ireland) Order 2008 (extended custodial sentences for certain offences where the offender is aged under 21) applies in relation to the custodial sentence, a period equal to half of the term imposed pursuant to Article 14(5)(a) of that Order calculated after that term has been reduced by any relevant discount;gin any other case, a period equal to half the custodial sentence imposed calculated after that sentence has been reduced by any relevant discount.5If a period determined under paragraph (4) includes a fraction of a day, that period is to be rounded up to the nearest number of whole days.6The “relevant discount” is the number of days by which the custodial sentence is treated as reduced by virtue of section 26(2) of the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29) (periods in custody before sentence passed etc).7This Article does not apply where—athe custodial sentence was a suspended sentence, orbthe court has made an order under Article 5(3) of the Life Sentences (Northern Ireland) Order 2001 (life sentence: no early release) in relation to the custodial sentence.8Paragraph (9) applies where an amending order provides that the proportion of a prisoner's sentence referred to in Article 18(2)(b) of the Criminal Justice (Northern Ireland) Order 2008 (duty to release prisoners serving extended custodial sentences) is to be read as a reference to another proportion (“the new proportion”).9The Secretary of State may by order provide that the proportion specified in paragraph (4)(e) and (f) of this Article is to be read, in the case of a custodial sentence to which the amending order applies, as a reference to the new proportion.10An order under paragraph (9) is subject to annulment by a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 (instruments subject to negative resolution.11In this Article—“amending order” means an order under Article 18(9) of the Criminal Justice (Northern Ireland) Order 2008 (alteration by order of relevant part of sentence);“custodial sentence” has the meaning given by Article 4 of the Criminal Justice (Northern Ireland) Order 2008;“suspended sentence” means a suspended sentence or order for detention under section 18 of the Treatment of Offenders Act (Northern Ireland) 1968.Effect of custodial sentence in other cases8B1This Article applies where a person is convicted of an offence for which a court proposes to order the person to be disqualified under Article 8 for holding or obtaining a driving licence or a provisional licence granted under Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)) and—athe court proposes to impose on the person a custodial sentence (other than a suspended sentence) for another offence, orbat the time of sentencing for the offence, a custodial sentence imposed on the person on an earlier occasion has not expired.2In determining the period for which the person is to be disqualified under Article 8, the court must have regard to the consideration in paragraph (3) if and to the extent that it is appropriate to do so.3The consideration is the diminished effect of disqualification as a distinct punishment if the person who is disqualified is also detained in pursuance of a custodial sentence.4If the court proposes to order the person to be disqualified under Article 8 and to impose a custodial sentence for the same offence, the court may not in relation to that disqualification take that custodial sentence into account for the purposes of paragraph (2).5In this Article “custodial sentence” and “suspended sentence” have the same meaning as in Article 8A.<Emphasis>Road Traffic Offenders Act 1988 (c. 53)</Emphasis>21The Road Traffic Offenders Act 1988 is amended as follows.2After section 35 insert—Extension of disqualification where custodial sentence also imposed35A1This section applies where a person is convicted in England and Wales of an offence for which the court—aimposes a custodial sentence, andborders the person to be disqualified under section 34 or 35.2The order under section 34 or 35 must provide for the person to be disqualified for the appropriate extension period, in addition to the discretionary disqualification period.3The discretionary disqualification period is the period for which, in the absence of this section, the court would have disqualified the person under section 34 or 35.4The appropriate extension period is—awhere an order under section 82A(2) of the Powers of Criminal Courts (Sentencing) Act 2000 (life sentence: determination of tariffs) is made in relation to the custodial sentence, a period equal to the part of the sentence specified in that order;bin the case of a detention and training order under section 100 of that Act (offenders under 18: detention and training orders), a period equal to half the term of that order;cwhere an order under section 181 of the Criminal Justice Act 2003 (prison sentences of less than 12 months) is made in relation to the custodial sentence, a period equal to the custodial period specified pursuant to section 181(3)(a) of that Act less any relevant discount;dwhere an order under section 183 of that Act (intermittent custody orders) is made in relation to the custodial sentence, a period equal to the number of custodial days specified pursuant to section 183(1)(a) of that Act less any relevant discount;ewhere section 227 of that Act (extended sentence for certain violent or sexual offences: persons 18 or over) applies in relation to the custodial sentence, a period equal to half the term imposed pursuant to section 227(2C)(a) of that Act calculated after that term has been reduced by any relevant discount;fwhere section 228 of that Act (extended sentence for certain violent or sexual offences: persons under 18) applies in relation to the custodial sentence, a period equal to half the term imposed pursuant to section 228(2B)(a) of that Act calculated after that term has been reduced by any relevant discount;gwhere an order under section 269(2) of that Act (determination of minimum term in relation to mandatory life sentence: early release) is made in relation to the custodial sentence, a period equal to the part of the sentence specified in that order;hin any other case, a period equal to half the custodial sentence imposed calculated after that sentence has been reduced by any relevant discount.5If a period determined under subsection (4) includes a fraction of a day, that period is to be rounded up to the nearest number of whole days.6The “relevant discount” is the total number of days to count as time served by virtue of a direction under—asection 240 of the Criminal Justice Act 2003 (crediting periods of remand in custody), orbsection 240A of that Act (crediting periods of remand on bail).7This section does not apply where—athe custodial sentence was a suspended sentence,bthe court has made an order under section 269(4) of the Criminal Justice Act 2003 (determination of minimum term in relation to mandatory life sentence: no early release) in relation to the custodial sentence, orcthe court has made an order under section 82A(4) of the Powers of Criminal Courts (Sentencing) Act 2000 (determination of minimum term in relation to discretionary life sentence: no early release) in relation to the custodial sentence.8Subsection (9) applies where an amending order provides that the proportion of a prisoner's sentence referred to in section 244(3)(a) or 247(2) of the Criminal Justice Act 2003 (release of prisoners in certain circumstances) is to be read as a reference to another proportion (“the new proportion”).9The Secretary of State may by order—aif the amending order makes provision in respect of section 244(3)(a) of that Act, provide that the proportion specified in subsection (4)(h) of this section is to be read, in the case of a custodial sentence to which the amending order applies, as a reference to the new proportion;bif the amending order makes provision in respect of section 247(2) of that Act, provide that the proportion specified in subsection (4)(e) and (f) of this section is to be read, in the case of a custodial sentence to which the amending order applies, as a reference to the new proportion.10An order under subsection (9) is to be made by statutory instrument and a draft of the statutory instrument containing the order must be laid before, and approved by a resolution of, each House of Parliament.11In this section—“amending order” means an order under section 267 of the Criminal Justice Act 2003 (alteration by order of relevant proportion of sentence);“custodial sentence” has the meaning given by section 76 of the Powers of Criminal Courts (Sentencing) Act 2000;“suspended sentence” has the meaning given by section 189 of the Criminal Justice Act 2003.Effect of custodial sentence in other cases35B1This section applies where a person is convicted in England and Wales of an offence for which a court proposes to order the person to be disqualified under section 34 or 35 and—athe court proposes to impose on the person a custodial sentence (other than a suspended sentence) for another offence, orbat the time of sentencing for the offence, a custodial sentence imposed on the person on an earlier occasion has not expired.2In determining the period for which the person is to be disqualified under section 34 or 35, the court must have regard to the consideration in subsection (3) if and to the extent that it is appropriate to do so.3The consideration is the diminished effect of disqualification as a distinct punishment if the person who is disqualified is also detained in pursuance of a custodial sentence.4If the court proposes to order the person to be disqualified under section 34 or 35 and to impose a custodial sentence for the same offence, the court may not in relation to that disqualification take that custodial sentence into account for the purposes of subsection (2).5In this section “custodial sentence” and “suspended sentence” have the same meaning as in section 35A.3After section 35B (as inserted by sub-paragraph (2)) insert—Extension of disqualification where sentence of imprisonment also imposed: Scotland35C1This section applies where a person is convicted in Scotland of an offence for which the court—aimposes a sentence of imprisonment, andborders the person to be disqualified under section 34 or 35.2The order under section 34 or 35 must provide for the person to be disqualified for the appropriate extension period, in addition to the discretionary disqualification period.3The discretionary disqualification period is the period for which, in the absence of this section, the court would have disqualified the person under section 34 or 35.4The appropriate extension period is—ain the case of a life prisoner, a period equal to the punishment part of the life sentence;bin the case of a custody and community prisoner, a period equal to half the custody part of the sentence of imprisonment;cin the case of a person serving an extended sentence, a period equal to half the confinement term;din any other case, a period equal to half the sentence of imprisonment imposed.5If a period determined under subsection (4) includes a fraction of a day, that period is to be rounded up to the nearest number of whole days.6For the purposes of subsection (4), a sentence is to be taken to start on the date of commencement of the sentence.7Subsection (8) applies where an amending order provides for a different proportion (“the new proportion”) to be substituted for the proportion of a prisoner's sentence referred to in section 6(4)(a) of the Custodial Sentences and Weapons (Scotland) Act 2007 (asp 17) (“the 2007 Act”).8The Secretary of State may by order provide that the proportion specified in subsection (4)(b) and (c) of this section is to be read, in the case of a sentence of imprisonment to which the amending order applies, as a reference to the new proportion.9An order under subsection (8) is to be made by statutory instrument and a draft of the statutory instrument containing the order must be laid before, and approved by a resolution of, each House of Parliament.10In this section—“amending order” means an order made by the Scottish Ministers under section 7 of the 2007 Act;“confinement term” has the meaning given by section 210A(2)(a) of the Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”);“custody and community prisoner” has the meaning given by section 4 of the 2007 Act;“custody part” has the meaning given by section 6(3) of the 2007 Act;“extended sentence” has the meaning given by section 210A of the 1995 Act;“life prisoner” has the meaning given by section 4 of the 2007 Act;“punishment part” has the meaning given by section 4 of the 2007 Act;“sentence of imprisonment” includes—an order for detention in residential accommodation under section 44 of the 1995 Act, anda sentence of detention under section 205, 207 or 208 of the 1995 Act.Effect of sentence of imprisonment in other cases: Scotland35D1This section applies where a person is convicted in Scotland of an offence for which a court proposes to order the person to be disqualified under section 34 or 35 and—athe court proposes to impose on the person a sentence of imprisonment for another offence, orbat the time of sentencing for the offence, a sentence of imprisonment imposed on the person on an earlier occasion has not expired.2In determining the period for which the person is to be disqualified under section 34 or 35, the court must have regard to the consideration in subsection (3) if and to the extent that it is appropriate to do so.3The consideration is the diminished effect of disqualification as a distinct punishment if the person who is disqualified is also detained in pursuance of a sentence of imprisonment.4If the court proposes to order the person to be disqualified under section 34 or 35 and to impose a sentence of imprisonment for the same offence, the court may not in relation to that disqualification take that sentence of imprisonment into account for the purposes of subsection (2).5In this section “sentence of imprisonment” has the same meaning as in section 35C.<Emphasis>Criminal Procedure (Scotland) Act 1995 (c. 46)</Emphasis>3After section 248C of the Criminal Procedure (Scotland) Act 1995 insert—Extension of disqualification where sentence of imprisonment also imposed248D1This section applies where a person is convicted of an offence for which the court—aimposes a sentence of imprisonment, andborders the person to be disqualified under section 248 or 248A of this Act from holding or obtaining a driving licence.2The order under section 248 or 248A of this Act must provide for the person to be disqualified for the appropriate extension period, in addition to the discretionary disqualification period.3The discretionary disqualification period is the period for which, in the absence of this section, the court would have disqualified the person under section 248 or 248A of this Act.4The appropriate extension period is—ain the case of a life prisoner, a period equal to the punishment part of the life sentence;bin the case of a custody and community prisoner, a period equal to half the custody part of the sentence of imprisonment;cin the case of a person serving an extended sentence, a period equal to half the confinement term;din any other case, a period equal to half the sentence of imprisonment imposed.5If a period determined under subsection (4) includes a fraction of a day, that period is to be rounded up to the nearest number of whole days.6For the purposes of subsection (4), a sentence is to be taken to start on the date of commencement of the sentence.7Subsection (8) applies where an amending order provides for a different proportion (“the new proportion”) to be substituted for the proportion of a prisoner's sentence referred to in section 6(4)(a) of the Custodial Sentences and Weapons (Scotland) Act 2007 (asp 17) (“the 2007 Act”).8The Secretary of State may by order provide that the proportion specified in subsection (4)(b) and (c) of this section is to be read, in the case of a sentence of imprisonment to which the amending order relates, as a reference to the new proportion.9An order under subsection (8) is to be made by statutory instrument and a draft of the statutory instrument containing the order must be laid before, and approved by a resolution of, each House of Parliament.10In this section—“amending order” means an order made by the Scottish Ministers under section 7 of the 2007 Act;“confinement term” has the meaning given by section 210A(2)(a) of this Act;“custody and community prisoner” has the meaning given by section 4 of the 2007 Act;“custody part” has the meaning given by section 6(3) of the 2007 Act;“extended sentence” has the meaning given by section 210A of this Act;“life prisoner” has the meaning given by section 4 of the 2007 Act;“punishment part” has the meaning given by section 4 of the 2007 Act;“sentence of imprisonment” includes—an order for detention in residential accommodation under section 44 of this Act, anda sentence of detention under section 205, 207 or 208 of this Act.Effect of sentence of imprisonment in other cases248E1This section applies where a person is convicted of an offence for which a court proposes to order the person to be disqualified under section 248 or 248A from holding or obtaining a driving licence and—athe court proposes to impose on the person a sentence of imprisonment for another offence, orbat the time of sentencing for the offence, a sentence of imprisonment imposed on the person on an earlier occasion has not expired.2In determining the period for which the person is to be disqualified under section 248 or 248A, the court must have regard to the consideration in subsection (3) if and to the extent that it is appropriate to do so.3The consideration is the diminished effect of disqualification as a distinct punishment if the person who is disqualified is also detained in pursuance of a sentence of imprisonment.4If the court proposes to order the person to be disqualified under section 248 or 248A and to impose a sentence of imprisonment for the same offence, the court may not in relation to that disqualification take that sentence of imprisonment into account for the purposes of subsection (2).5In this section “sentence of imprisonment” has the same meaning as in section 248D.<Emphasis>Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/1320 (N.I. 10))</Emphasis>4After Article 40 of the Road Traffic Offenders (Northern Ireland) Order 1996 insert—Extension of disqualification where custodial sentence also imposed40A1This Article applies where a person is convicted of an offence for which the court—aimposes a custodial sentence, andborders the person to be disqualified under Article 35 or 40.2The order under Article 35 or 40 must provide for the person to be disqualified for the appropriate extension period, in addition to the discretionary disqualification period.3The discretionary disqualification period is the period for which, in the absence of this Article, the court would have disqualified the person under Article 35 or 40.4The appropriate extension period is—awhere a court imposes a sentence under Article 45(2) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) (punishment of grave crimes: indeterminate sentences), a period equal to the period specified in the sentence under Article 45(2) of that Order less any relevant discount;bwhere an order under Article 5(1) of the Life Sentences (Northern Ireland) Order 2001 (S.I. 2001/2564 (N.I. 2)) (determination of tariffs) is made in relation to the custodial sentence, a period equal to the part of the sentence specified in that order less any relevant discount;cwhere Article 8(1) of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)) (sentence for a determinate term) applies in relation to the custodial sentence, a period equal to the custodial period specified pursuant to Article 8(2) of that Order less any relevant discount;dwhere a court imposes a sentence under Article 13(3) of the Criminal Justice (Northern Ireland) Order 2008 (indeterminate custodial sentences for serious offences), a period equal to the period specified pursuant to Article 13(3)(b) of that Order less any relevant discount;ewhere Article 14(3) of the Criminal Justice (Northern Ireland) Order 2008 (extended custodial sentences for certain offences where the offender is aged over 21) applies in relation to the custodial sentence, a period equal to half of the term imposed pursuant to Article 14(3)(a) of that Order calculated after that term has been reduced by any relevant discount;fwhere Article 14(5) of the Criminal Justice (Northern Ireland) Order 2008 (extended custodial sentences for certain offences where the offender is aged under 21) applies in relation to the custodial sentence, a period equal to half of the term imposed pursuant to Article 14(5)(a) of that Order calculated after that term has been reduced by any relevant discount;gin any other case, a period equal to half the custodial sentence imposed calculated after that sentence has been reduced by any relevant discount.5If a period determined under paragraph (4) includes a fraction of a day, that period is to be rounded up to the nearest number of whole days.6The “relevant discount” is the number of days by which the custodial sentence is treated as reduced by virtue of section 26(2) of the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29) (periods in custody before sentence passed etc).7This Article does not apply where—athe custodial sentence was a suspended sentence, orbthe court has made an order under Article 5(3) of the Life Sentences (Northern Ireland) Order 2001 (life sentence: no early release) in relation to the custodial sentence.8Paragraph (9) applies where an amending order provides that the proportion of a prisoner's sentence referred to in Article 18(2)(b) of the Criminal Justice (Northern Ireland) Order 2008 (duty to release prisoners serving extended custodial sentences) is to be read as a reference to another proportion (“the new proportion”).9The Department of Justicemay by order provide that the proportion specified in paragraph (4)(e) and (f) of this Article is to be read, in the case of a custodial sentence to which the amending order applies, as a reference to the new proportion.10An order under paragraph (9) is subject to negative resolution.11In this Article—“amending order” means an order under Article 18(9) of the Criminal Justice (Northern Ireland) Order 2008 (alteration by order of relevant part of sentence);“custodial sentence” has the meaning given by Article 4 of the Criminal Justice (Northern Ireland) Order 2008;“suspended sentence” means a suspended sentence or order for detention under section 18 of the Treatment of Offenders Act (Northern Ireland) 1968.Effect of custodial sentence in other cases40B1This Article applies where a person is convicted of an offence for which a court proposes to order the person to be disqualified under Article 35 or 40 and—athe court proposes to impose on the person a custodial sentence (other than a suspended sentence) for another offence, orbat the time of sentencing for the offence, a custodial sentence imposed on the person on an earlier occasion has not expired.2In determining the period for which the person is to be disqualified under Article 35 or 40, the court must have regard to the consideration in paragraph (3) if and to the extent that it is appropriate to do so.3The consideration is the diminished effect of disqualification as a distinct punishment if the person who is disqualified is also detained in pursuance of a custodial sentence.4If the court proposes to order the person to be disqualified under Article 35 or 40 and to impose a custodial sentence for the same offence, the court may not in relation to that disqualification take that custodial sentence into account for the purposes of paragraph (2).5In this Article “custodial sentence” and “suspended sentence” have the same meaning as in Article 40A.<Emphasis>Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)</Emphasis>5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Emphasis>Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1))</Emphasis>6After Article 91 of the Criminal Justice (Northern Ireland) Order 2008 insert—Extension of disqualification where custodial sentence also imposed91A1This Article applies where a person is convicted of an offence for which the court—aimposes a custodial sentence, andborders the person to be disqualified under Article 91 for holding or obtaining a driving licence.2The order under Article 91 must provide for the person to be disqualified for the appropriate extension period, in addition to the discretionary disqualification period.3The discretionary disqualification period is the period for which, in the absence of this Article, the court would have disqualified the person under Article 91.4The appropriate extension period is—awhere a court imposes a sentence under Article 45(2) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) (punishment of grave crimes: indeterminate sentences), a period equal to the period specified in the sentence under Article 45(2) of that Order less any relevant discount;bwhere an order under Article 5(1) of the Life Sentences (Northern Ireland) Order 2001 (S.I. 2001/2564 (N.I. 2)) (determination of tariffs) is made in relation to the custodial sentence, a period equal to the part of the sentence specified in that order less any relevant discount;cwhere Article 8(1) (sentence for a determinate term) applies in relation to the custodial sentence, a period equal to the custodial period specified pursuant to Article 8(2) less any relevant discount;dwhere a court imposes a sentence under Article 13(3) (indeterminate custodial sentences for serious offences), a period equal to the period specified pursuant to Article 13(3)(b) less any relevant discount;ewhere Article 14(3) (extended custodial sentences for certain offences where the offender is aged over 21) applies in relation to the custodial sentence, a period equal to half of the term imposed pursuant to Article 14(3)(a) calculated after that term has been reduced by any relevant discount;fwhere Article 14(5) (extended custodial sentences for certain offences where the offender is aged under 21) applies in relation to the custodial sentence, a period equal to half of the term imposed pursuant to Article 14(5)(a) calculated after that term has been reduced by any relevant discount;gin any other case, a period equal to half the custodial sentence imposed calculated after that sentence has been reduced by any relevant discount.5If a period determined under paragraph (4) includes a fraction of a day, that period is to be rounded up to the nearest number of whole days.6The “relevant discount” is the number of days by which the custodial sentence is treated as reduced by virtue of section 26(2) of the Treatment of Offenders Act (Northern Ireland) 1968 (c. 29) (periods in custody before sentence passed etc).7This Article does not apply where—athe custodial sentence was a suspended sentence, orbthe court has made an order under Article 5(3) of the Life Sentences (Northern Ireland) Order 2001 (life sentence: no early release) in relation to the custodial sentence.8Paragraph (9) applies where an amending order provides that the proportion of a prisoner's sentence referred to in Article 18(2)(b) (duty to release prisoners serving extended custodial sentences) is to be read as a reference to another proportion (“the new proportion”).9The Secretary of State may by order provide that the proportion specified in paragraph (4)(e) and (f) of this Article is to be read, in the case of a custodial sentence to which the amending order applies, as a reference to the new proportion.10In this Article—“amending order” means an order under Article 18(9) (alteration by order of relevant part of sentence);“custodial sentence” has the meaning given by Article 4;“driving licence” has the meaning given by Article 91;“suspended sentence” means a suspended sentence or order for detention under section 18 of the Treatment of Offenders Act (Northern Ireland) 1968.Effect of custodial sentence in other cases91B1This Article applies where a person is convicted of an offence for which a court proposes to order the person to be disqualified under Article 91 for holding or obtaining a driving licence and—athe court proposes to impose on the person a custodial sentence (other than a suspended sentence) for another offence, orbat the time of sentencing for the offence, a custodial sentence imposed on the person on an earlier occasion has not expired.2In determining the period for which the person is to be disqualified under Article 91, the court must have regard to the consideration in paragraph (3) if and to the extent that it is appropriate to do so.3The consideration is the diminished effect of disqualification as a distinct punishment if the person who is disqualified is also detained in pursuance of a custodial sentence.4If the court proposes to order the person to be disqualified under Article 91 and to impose a custodial sentence for the same offence, the court may not in relation to that disqualification take that custodial sentence into account for the purposes of paragraph (2).5In this Article “custodial sentence” and “suspended sentence” have the same meaning as in Article 91A.Schedule 17Treatment of convictions in other member States etcSection 144<Emphasis>Evidence of bad character</Emphasis>11The Criminal Justice Act 2003 (c. 44) is amended as follows.2In section 103 (matter in issue between the defendant and the prosecution), after subsection (6) add—7Where—aa defendant has been convicted of an offence under the law of any country outside England and Wales (“the previous offence”), andbthe previous offence would constitute an offence under the law of England and Wales (“the corresponding offence”) if it were done in England and Wales at the time of the trial for the offence with which the defendant is now charged (“the current offence”),subsection (8) applies for the purpose of determining if the previous offence and the current offence are of the same description or category.8For the purposes of subsection (2)—athe previous offence is of the same description as the current offence if the corresponding offence is of that same description, as set out in subsection (4)(a);bthe previous offence is of the same category as the current offence if the current offence and the corresponding offence belong to the same category of offences prescribed as mentioned in subsection (4)(b).9For the purposes of subsection (10) “foreign service offence” means an offence which—awas the subject of proceedings under the service law of a country outside the United Kingdom, andbwould constitute an offence under the law of England and Wales or a service offence (“the corresponding domestic offence”) if it were done in England and Wales by a member of Her Majesty's forces at the time of the trial for the offence with which the defendant is now charged (“the current offence”).10Where a defendant has been found guilty of a foreign service offence (“the previous service offence”), for the purposes of subsection (2)—athe previous service offence is an offence of the same description as the current offence if the corresponding domestic offence is of that same description, as set out in subsection (4)(a);bthe previous service offence is an offence of the same category as the current offence if the current offence and the corresponding domestic offence belong to the same category of offences prescribed as mentioned in subsection (4)(b).11In this section—“Her Majesty's forces” has the same meaning as in the Armed Forces Act 2006;“service law”, in relation to a country outside the United Kingdom, means the law governing all or any of the naval, military or air forces of that country.3In section 108 (offences committed by defendant when a child), after subsection (2) insert—2ASubsection (2B) applies where—athe defendant has been convicted of an offence under the law of any country outside England and Wales (“the previous offence”), andbthe previous offence would constitute an offence under the law of England and Wales (“the corresponding offence”) if it were done in England and Wales at the time of the proceedings for the offence with which the defendant is now charged.2BFor the purposes of subsection (2), the previous offence is to be regarded as triable only on indictment if the corresponding offence is so triable.21The Criminal Justice (Evidence) (Northern Ireland) Order 2004 (S.I. 2004/1501 (N.I. 10)) is amended as follows.2In Article 8 (matter in issue between the defendant and the prosecution), after paragraph (6) add—7Where—aa defendant has been convicted of an offence under the law of any country outside Northern Ireland (“the previous offence”), andbthe previous offence would constitute an offence under the law of Northern Ireland (“the corresponding offence”) if it were done in Northern Ireland at the time of the trial for the offence with which the defendant is now charged (“the current offence”),paragraph (8) applies for the purpose of determining if the previous offence and the current offence are of the same description or category.8For the purposes of paragraph (2)—athe previous offence is of the same description as the current offence, if the corresponding offence is of that same description, as set out in paragraph (4)(a);bthe previous offence is of the same category as the current offence, if the current offence and the corresponding offence belong to the same category of offences prescribed as mentioned in paragraph (4)(b).3In Article 13 (offences committed by a defendant when a child), after paragraph (1) insert—1AParagraph (1B) applies where—athe defendant has been convicted of an offence under the law of any country outside Northern Ireland (“the previous offence”), andbthe previous offence would constitute an offence under the law of Northern Ireland (“the corresponding offence”) if it were done in Northern Ireland at the time of the proceedings for the offence with which the defendant is now charged.1BFor the purposes of paragraph (1), the previous offence is to be regarded as triable only on indictment if the corresponding offence is so triable.<Emphasis>Bail</Emphasis>31Section 25 of the Criminal Justice and Public Order Act 1994 (c. 33) (no bail for defendants charged with or convicted of homicide or rape after previous conviction of such offences) is amended as follows.2For subsection (3) substitute—3This section applies in the circumstances described in subsection (3A) or (3B) only.3AThis section applies where—athe person has been previously convicted by or before a court in any part of the United Kingdom of any offence within subsection (2) or of culpable homicide, andbif that previous conviction is one of manslaughter or culpable homicide—ithe person was then a child or young person, and was sentenced to long-term detention under any of the relevant enactments, oriithe person was not then a child or young person, and was sentenced to imprisonment or detention.3BThis section applies where—athe person has been previously convicted by or before a court in another member State of any relevant foreign offence corresponding to an offence within subsection (2) or to culpable homicide, andbif the previous conviction is of a relevant foreign offence corresponding to the offence of manslaughter or culpable homicide—ithe person was then a child or young person, and was sentenced to detention for a period in excess of 2 years, oriithe person was not then a child or young person, and was sentenced to detention.3In subsection (5), omit “and” at the end of the definition of “conviction”, and at the end insert—“relevant foreign offence”, in relation to a member State other than the United Kingdom, means an offence under the law in force in that member State.4After that subsection insert—5AFor the purposes of subsection (3B), a relevant foreign offence corresponds to another offence if the relevant foreign offence would have constituted that other offence if it had been done in any part of the United Kingdom at the time when the relevant foreign offence was committed.<Emphasis>Decision as to allocation</Emphasis>41Section 19 of the Magistrates' Courts Act 1980 (c. 43) (decision as to allocation) (as substituted by Schedule 3 to the Criminal Justice Act 2003 (c. 44)) is amended as follows.2In subsection (5), omit “or” at the end of paragraph (a) and insert—aaa previous conviction by a court in another member State of a relevant offence under the law of that State; or.3After that subsection insert—5AFor the purposes of subsection (5)(aa) an offence is “relevant” if the offence would constitute an offence under the law of any part of the United Kingdom if it were done in that part at the time when the allocation decision is made.51Paragraph 9 of Schedule 3 to the Crime and Disorder Act 1998 (c. 37) (procedure where persons are sent for trial under section 51 of the Crime and Disorder Act 1998) (as amended by Schedule 3 to the Criminal Justice Act 2003) is amended as follows.2In sub-paragraph (5), omit “or” at the end of paragraph (a) and insert—aaa previous conviction by a court in another member State of a relevant offence under the law of that State, or.3After that sub-paragraph, insert—5AFor the purposes of sub-paragraph (5)(aa) an offence is “relevant” if the offence would constitute an offence under the law of any part of the United Kingdom if it were done in that part at the time when the allocation decision is made.<Emphasis>Seriousness</Emphasis>6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .71Section 238 of the Armed Forces Act 2006 (c. 52) (deciding the seriousness of an offence) is amended as follows.2In subsection (3)—aomit “or” at the end of paragraph (a), andbat the end of paragraph (b), insert—ca previous conviction by a court in a member State other than the United Kingdom of a relevant offence under the law of that State, orda finding of guilt in respect of a member State service offence.3For subsection (4) substitute—4Nothing in this section prevents the court or officer from treating—aa previous conviction by a court outside both the British Islands and any member State, orba previous conviction by a court in any member State (other than the United Kingdom) of an offence which is not a relevant offence or a member State service offence,as an aggravating factor in any case where the court or officer considers it appropriate to do so.5For the purposes of this section—aan offence is “relevant” if the offence would constitute an offence under the law of any part of the United Kingdom if it were done in that part at the time of the conviction in respect of the current offence,b“member State service offence” means an offence which—iwas the subject of proceedings under the service law of a member State other than the United Kingdom, andiiwould constitute an offence under the law of any part of the United Kingdom, or a service offence, if it were done in any part of the United Kingdom, by a member of Her Majesty's forces, at the time of the conviction of the defendant for the current offence, andc“service law”, in relation to a member State other than the United Kingdom, means the law governing all or any of the naval, military or air forces of that State.<Emphasis>Availability of community orders</Emphasis>8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Emphasis>Required custodial sentences for certain offences</Emphasis>10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Emphasis>Restriction on imposing custodial sentence or service detention</Emphasis>11In section 263 of the Armed Forces Act 2006 (c. 52) (restriction on imposing custodial sentence or service detention on unrepresented offender)—aat the end of subsection (2)(b) insert “ , or sentenced to detention by a court in any other member State or for a member State service offence ”, andbat the end of subsection (6)(b) insert—cmember State service offence” means an offence which—iwas the subject of proceedings under the service law of a member State other than the United Kingdom, andiiat the time it was done, would have constituted an offence in any part of the United Kingdom, or a service offence, if it had been done in any part of the United Kingdom by a member of Her Majesty's forces;d“service law”, in relation to a member State other than the United Kingdom, means the law governing all or any of the naval, military or air forces of that State.<Emphasis>Young offenders: referral conditions</Emphasis>12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Emphasis>Proving of foreign convictions before courts in England and Wales</Emphasis>131Section 73 of the Police and Criminal Evidence Act 1984 (c. 60) (proof of convictions and acquittals) is amended as follows.2In subsection (1), after “Kingdom” insert “ or any other member State ”.3In subsection (2), after paragraph (b) insert; and cshall, as regards a conviction or acquittal by a court in a member State (other than the United Kingdom), consist of a certificate, signed by the proper officer of the court where the conviction or acquittal took place, giving details of the offence, of the conviction or acquittal, and of any sentence;.4In subsection (3)—ain paragraph (b), after “other court” insert “ in the United Kingdom ”, andbafter that paragraph add “, andcin relation to any court in another member State (“the EU court”), a person who would be the proper officer of the EU court if that court were in the United Kingdom.141Section 74 of that Act (conviction as evidence of commission of offence) is amended as follows.2In subsection (1), after “Kingdom” (in first place it occurs) insert “ or any other member State ”.3In subsection (2), after “Kingdom” (in first place it occurs) insert “ or any other member State ”.4In subsection (3)(a) after “Kingdom” insert “ or any other member State ”.15In section 75 of that Act (provisions supplementary to section 74), for subsection (1)(b) substitute—bthe contents of—ithe information, complaint, indictment or charge-sheet on which the person in question was convicted, oriiin the case of a conviction of an offence by a court in a member State (other than the United Kingdom), any document produced in relation to the proceedings for that offence which fulfils a purpose similar to any document or documents specified in sub-paragraph (i),.<Emphasis>Proving of foreign convictions before courts in Northern Ireland</Emphasis>161Article 71 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (proof of convictions and acquittals) is amended as follows.2After paragraph (1) insert—1AWhere in any criminal proceedings the fact that a person has in a member State been convicted or acquitted of an offence is admissible in evidence, it may be proved by—aproducing a certificate of conviction or, as the case may be, of acquittal relating to that offence, andbproving that the person named in the certificate as having been convicted or acquitted of the offence is the person whose conviction or acquittal of the offence is to be proved.3In paragraph (2), after sub-paragraph (b) insert “; andcshall, as regards a conviction or acquittal by a court in a member State (other than the United Kingdom), consist of a certificate, signed by the clerk of the court where the conviction or acquittal took place, giving details of the offence, of the conviction or acquittal, and of any sentence;.171Article 72 of that Order (conviction as evidence of commission of offence) is amended as follows.2In paragraph (1), after “Kingdom” (in first place it occurs) insert “ or any other member State ”.3In paragraph (2), after “Kingdom” (in first place it occurs) insert “ or any other member State ”.4In paragraph (3)(a), after “Kingdom” insert “ or any other member State ”.18In Article 73 of that Order (provisions supplementary to Article 72), for paragraph (1)(b) substitute—bthe contents of—ithe complaint, information, indictment or charge-sheet on which the person in question was convicted, oriiin the case of a conviction of an offence by a court in a member State (other than the United Kingdom), any document produced in relation to the proceedings for that offence which fulfils a purpose similar to any document or documents specified in paragraph (i),.Schedule 18Motor vehicle ordersSection 152<CommentaryRef Ref="key-c29b7524bbb174333657f72d589f4a90"/>

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Schedule 19Exploitation proceeds investigationsSection 1691Part 8 of the Proceeds of Crime Act 2002 (c. 29) (investigations) is amended as follows.2In section 341 (investigations), after subsection (4) add—5For the purposes of this Part an exploitation proceeds investigation is an investigation for the purposes of Part 7 of the Coroners and Justice Act 2009 (criminal memoirs etc) into—awhether a person is a qualifying offender,bwhether a person has obtained exploitation proceeds from a relevant offence,cthe value of any benefits derived by a person from a relevant offence, ordthe available amount in respect of a person.Paragraphs (a) to (d) are to be construed in accordance with that Part of that Act.3In section 342 (offences of prejudicing investigation)—ain subsection (1), after “detained cash investigation” insert “ , an exploitation proceeds investigation ”, andbafter subsection (3)(ba) insert—bbthe disclosure is made in the exercise of a function under Part 7 of the Coroners and Justice Act 2009 (criminal memoirs etc) or in compliance with a requirement imposed under or by virtue of that Act,.4In section 343(3) (judges) after “civil recovery investigation” insert “ or an exploitation proceeds investigation ”.5In section 344(b) (courts) after “civil recovery investigation” insert “ or an exploitation proceeds investigation ”.6In section 345(2) (production orders), in paragraph (a) after “confiscation investigation” insert “ , an exploitation proceeds investigation ”.7In section 346 (requirements for making of production order)—aafter subsection (2)(c) add—din the case of an exploitation proceeds investigation, the person the application for the order specifies as being subject to the investigation is within subsection (2A)., andbafter subsection (2) insert—2AA person is within this subsection if, for the purposes of Part 7 of the Coroners and Justice Act 2009 (criminal memoirs etc), exploitation proceeds have been obtained by the person from a relevant offence by reason of any benefit derived by the person.This subsection is to be construed in accordance with that Part.8In section 350(5) (government departments), in paragraph (b) after “civil recovery investigation” insert “ or an exploitation proceeds investigation ”.9In section 351(8) (supplementary) after “civil recovery investigation” insert “ or an exploitation proceeds investigation ”.10In section 352 (search and seizure warrants)—ain subsection (2)(a), after “confiscation investigation” insert “ , an exploitation proceeds investigation ”, andbafter subsection (5)(c) add—da member of SOCA's staff, if the warrant is sought for the purposes of an exploitation proceeds investigation.11In section 353 (requirements where production order not available)—aafter subsection (2)(c) insert—din the case of an exploitation proceeds investigation, the person specified in the application for the warrant is within section 346(2A).,bin subsection (5)(a), for “or (8)” substitute “ , (8) or (8A) ”,cafter subsection (8) insert—8AIn the case of an exploitation proceeds investigation, material falls within this subsection if it cannot be identified at the time of the application but it—arelates to the person specified in the application, the question whether exploitation proceeds have been obtained from a relevant offence in relation to that person, any question as to the extent or whereabouts of any benefit as a result of which exploitation proceeds are obtained or any question about the person's available amount, andbis likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought.This subsection is to be construed in accordance with Part 7 of the Coroners and Justice Act 2009 (criminal memoirs etc).”, anddafter subsection (10)(c) add—da member of SOCA's staff, if the warrant is sought for the purposes of an exploitation proceeds investigation.12In section 356 (further provision: civil recovery), in subsection (1) after “civil recovery investigations” insert “ or exploitation proceeds investigations ”.13In section 357 (disclosure orders)—aafter subsection (3)(b) add “, orca person specified in the application is subject to an exploitation proceeds investigation and the order is sought for the purposes of the investigation., andbafter subsection (7)(b) add “; andcin relation to an exploitation proceeds investigation, a member of SOCA's staff.14In section 358(2) (requirements for making of disclosure order) after paragraph (b) add—cin the case of an exploitation proceeds investigation, the person specified in the application for the order is a person within section 346(2A).15In section 362(5) (supplementary) after “investigation” add “ or an exploitation proceeds investigation ”.16In section 363(2) (customer information orders), in paragraph (a) after “investigation”, in first place it occurs, insert “ , an exploitation proceeds investigation ”.17In section 370(2) (account monitoring orders), in paragraph (a) after “confiscation investigation” insert “ , an exploitation proceeds investigation ”.18After section 378(6) (officers) insert—6AIn relation to an exploitation proceeds investigation, a member of SOCA's staff is an appropriate officer.Schedule 20Amendments of the Data Protection Act 1998 (c. 29)Section 175Part 1Data controllers' registration1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Part 2Assessment notices51Section 48 of that Act (rights of appeal) is amended as follows.2In subsection (1) after “enforcement notice” insert “ , an assessment notice ”>.3In subsection (3)—aafter “enforcement notice” insert “ , an assessment notice ”>, andbafter “40(8)” insert “ , 41B(2) ”>.6In section 67 of that Act (general provision about orders etc under the Act)—ain subsection (4) insert at the appropriate place—section 41A(2)(c),, andbin subsection (5)(a) insert at the appropriate place—section 41A(2)(b),.7In section 70(1) of that Act (supplementary definitions) for the definition of “government department” substitute—“government department”includes—aany part of the Scottish Administration;ba Northern Ireland department;cthe Welsh Assembly Government;dany body or authority exercising statutory functions on behalf of the Crown.Part 3Powers to require information81Section 43 of that Act (information notices) is amended as follows.2In subsection (1) for “, within” to the end substitute “ to furnish the Commissioner with specified information relating to the request or to compliance with the principles. ”>3After that subsection insert—1AIn subsection (1) “specified information” means information—aspecified, or described, in the information notice, orbfalling within a category which is specified, or described, in the information notice.1BThe Commissioner may also specify in the information notice—athe form in which the information must be furnished;bthe period within which, or the time and place at which, the information must be furnished.4In subsection (4) for “the time” to “expire” substitute “ a period specified in an information notice under subsection (1B)(b) must not end, and a time so specified must not fall, ”>.91Section 44 of that Act (special information notices) is amended as follows.2in subsection (1) for “, within” to the end substitute “ to furnish the Commissioner with specified information for the purpose specified in subsection (2). ”>3After subsection (1) insert—1AIn subsection (1) “specified information” means information—aspecified, or described, in the special information notice, orbfalling within a category which is specified, or described, in the special information notice.1BThe Commissioner may also specify in the special information notice—athe form in which the information must be furnished;bthe period within which, or the time and place at which, the information must be furnished.4In subsection (5) for “the time” to “expire” substitute “ a period specified in a special information notice under subsection (1B)(b) must not end, and a time so specified must not fall, ”.Part 4Restriction on use of information101Section 43 of that Act (information notices) is amended as follows.2In subsection (8), for “other than an offence under this Act,” substitute “ , other than an offence under this Act or an offence within subsection (8A), ”.3After that subsection insert—8AThe offences mentioned in subsection (8) are—aan offence under section 5 of the Perjury Act 1911 (false statements made otherwise than on oath),ban offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath), orcan offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (false statutory declarations and other false unsworn statements).8BAny relevant statement provided by a person in response to a requirement under this section may not be used in evidence against that person on a prosecution for any offence under this Act (other than an offence under section 47) unless in the proceedings—ain giving evidence the person provides information inconsistent with it, andbevidence relating to it is adduced, or a question relating to it is asked, by that person or on that person's behalf.8CIn subsection (8B) “relevant statement”, in relation to a requirement under this section, means—aan oral statement, orba written statement made for the purposes of the requirement.111Section 44 of that Act (special information notices) is amended as follows.2In subsection (9), for “other than an offence under this Act,” substitute “ , other than an offence under this Act or an offence within subsection (9A), ”.3After subsection (9) of that section insert—9A9AThe offences mentioned in subsection (9) are—aan offence under section 5 of the Perjury Act 1911 (false statements made otherwise than on oath),ban offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath), orcan offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (false statutory declarations and other false unsworn statements).9BAny relevant statement provided by a person in response to a requirement under this section may not be used in evidence against that person on a prosecution for any offence under this Act (other than an offence under section 47) unless in the proceedings—ain giving evidence the person provides information inconsistent with it, andbevidence relating to it is adduced, or a question relating to it is asked, by that person or on that person's behalf.9CIn subsection (9B) “relevant statement”, in relation to a requirement under this section, means—aan oral statement, orba written statement made for the purposes of the requirement.121Paragraph 11 of Schedule 7 to that Act (miscellaneous exemptions: self incrimination) is amended as follows.2In sub-paragraph (1), for “other than an offence under this Act,” substitute “ , other than an offence under this Act or an offence within sub-paragraph (1A), ”.3After that sub-paragraph insert—1AThe offences mentioned in sub-paragraph (1) are—aan offence under section 5 of the Perjury Act 1911 (false statements made otherwise than on oath),ban offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath), orcan offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (false statutory declarations and other false unsworn statements).Part 5Monetary penalties: restriction on matters to be taken into account13In section 55A of that Act (power of Commissioner to impose monetary penalties), after subsection (3) insert—3AThe Commissioner may not be satisfied as mentioned in subsection (1) by virtue of any matter which comes to the Commissioner's attention as a result of anything done in pursuance of—aan assessment notice;ban assessment under section 51(7).Part 6Warrant for entry and inspection141Schedule 9 to that Act (powers of entry and inspection) is amended as follows.2After sub-paragraph (1) of paragraph 1 insert—1ASub-paragraph (1B) applies if a circuit judge or a District Judge (Magistrates' Courts) is satisfied by information on oath supplied by the Commissioner that a data controller has failed to comply with a requirement imposed by an assessment notice.1BThe judge may, for the purpose of enabling the Commissioner to determine whether the data controller has complied or is complying with the data protection principles, grant a warrant to the Commissioner in relation to any premises that were specified in the assessment notice; but this is subject to sub-paragraph (2) and paragraph 2.3In sub-paragraph (3) of that paragraph—afor “sub-paragraph (1)” substitute “ this Schedule ”, andbfor the words from “to enter” to the end substitute— ato enter the premises;bto search the premises;cto inspect, examine, operate and test any equipment found on the premises which is used or intended to be used for the processing of personal data;dto inspect and seize any documents or other material found on the premises which—iin the case of a warrant issued under sub-paragraph (1), may be such evidence as is mentioned in that paragraph;iiin the case of a warrant issued under sub-paragraph (1B), may enable the Commissioner to determine whether the data controller has complied or is complying with the data protection principles;eto require any person on the premises to provide an explanation of any document or other material found on the premises;fto require any person on the premises to provide such other information as may reasonably be required for the purpose of determining whether the data controller has contravened, or is contravening, the data protection principles.4After sub-paragraph (1) of paragraph 2 insert—1AIn determining whether the Commissioner has given an occupier the seven days' notice referred to in sub-paragraph (1)(a) any assessment notice served on the occupier is to be disregarded.5In paragraph 5 for “evidence in question would not be found” substitute “ object of the warrant would be defeated ”.6In paragraph 12, at the end of paragraph (b) insert—cmakes a statement in response to a requirement under paragraph (e) or (f) of paragraph 1(3) which that person knows to be false in a material respect, ordrecklessly makes a statement in response to such a requirement which is false in a material respect,.7After paragraph 15 add—<Emphasis>Self-incrimination</Emphasis>16An explanation given, or information provided, by a person in response to a requirement under paragraph (e) or (f) of paragraph 1(3) may only be used in evidence against that person—aon a prosecution for an offence under—iparagraph 12,iisection 5 of the Perjury Act 1911 (false statements made otherwise than on oath),iiisection 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath), orivArticle 10 of the Perjury (Northern Ireland) Order 1979 (false statutory declarations and other false unsworn statements), orbon a prosecution for any other offence where—iin giving evidence that person makes a statement inconsistent with that explanation or information, andiievidence relating to that explanation or information is adduced, or a question relating to it is asked, by that person or on that person's behalf.Schedule 21Minor and consequential amendmentsSection 177Part 1Coroners etc<Emphasis>Cremation Act 1902 (c. 8)</Emphasis>1In section 10 of the Cremation Act 1902 (saving for coroners), for “the Coroners Act 1988” substitute “ Part 1 of the Coroners and Justice Act 2009 ”.<Emphasis>Births and Deaths Registration Act 1926 (c. 48)</Emphasis>2The Births and Deaths Registration Act 1926 is amended as follows.3In section 4 (prohibition of removal of body out of England without notice), for “the coroner within whose jurisdiction the body is lying” substitute “ the senior coroner in whose area the body is situated, ”.4In section 5 (burial of still-born children), for the words after “delivered to him” substituteeither— aa certificate given by the registrar under section 11(2) or (3) of the Births and Deaths Registration Act 1953, orbin a case in relation to which a senior coroner has made enquiries under section 1(7) of the Coroners and Justice Act 2009 (or has purported to conduct an investigation under Part 1 of that Act), an order of the coroner.<Emphasis>Visiting Forces Act 1952 (c. 67)</Emphasis>51Section 7 of the Visiting Forces Act 1952 (provisions as to coroners' inquests etc) is amended as follows.2For subsection (1) substitute—1Subsections (1A) and (1B) of this section apply if a coroner who has jurisdiction to conduct an investigation under Part 1 of the Coroners and Justice Act 2009 into a person's death is satisfied that the deceased person, at the time of the death, had a relevant association with a visiting force.1AIf no investigation into the person's death has begun, the coroner shall not begin an investigation unless directed to do so by the Lord Chancellor.1BIf an investigation into the person's death has begun but has not been completed, the coroner shall suspend the investigation unless directed not to do so by the Lord Chancellor.3In subsection (2)—afor the words from “the last” to “a death” substitute “ subsections (1) to (1B) of this section, if in the course of an investigation under Part 1 of the Coroners and Justice Act 2009 into a person's death ”,bfor “Secretary of State” substitute “ Lord Chancellor ”,cfor the words from “adjourn the inquest” to “discharge the jury,” substitute “ suspend the investigation ”, anddfor “at the inquest” substitute “ in the course of the investigation ”.4After subsection (2) insert—2AA coroner who suspends an investigation under this section shall—aadjourn any inquest being held as part of the investigation, andbdischarge any jury that has been summoned.2BThe suspension of an investigation under this section does not prevent its suspension under Schedule 1 to the Coroners and Justice Act 2009; and vice versa.5For subsection (3) substitute—3Where an investigation is suspended under this section, the coroner shall not resume it except on the direction of the Lord Chancellor.3AWhere the investigation is resumed, the coroner must resume any inquest that was adjourned under subsection (2A).3BA resumed inquest may be held with a jury if the coroner thinks that there is sufficient reason for it to be held with one.6In subsection (4), for the words from “the Secretary of State” to “to be held” substitute “ the Lord Chancellor under subsection (1A) or (3) of this section, an investigation is required to be conducted ”.7In subsection (5), for “section two of the said Act of 1926” substitute “ section 24 of the Births and Deaths Registration Act 1953 ”.8For subsection (7) substitute—7In the application of this section to Northern Ireland—ain subsection (1), for “a coroner who has jurisdiction to conduct an investigation under Part 1 of the Coroners and Justice Act 2009 into a person's death” there is substituted “ a coroner who has jurisdiction under the Coroners Act (Northern Ireland) 1959 to hold an inquest into a person's death ”;bin subsection (1A), for “no investigation” there is substituted “ no inquest ” and for “an investigation” there is substituted “ an inquest ”;cin subsection (1B), for “an investigation” there is substituted “ an inquest ”, and for “suspend the investigation” there is substituted “ adjourn the inquest ”;din subsection (2)—ifor “in the course of an investigation under Part 1 of the Coroners and Justice Act 2009” there is substituted “ on an inquest ”;iifor “suspend the investigation” there is substituted “ adjourn the inquest ”;iiifor “in the course of the investigation” there is substituted “ at the inquest ”;ein subsection (2A), for the words from “suspends an investigation” to the end there is substituted “ adjourns an inquest under this section shall discharge any jury that has been summoned ”;fin subsection (3), for “investigation is suspended” there is substituted “ inquest is adjourned ”;gsubsection (3A) is omitted;hin subsection (3B), for “A resumed inquest” there is substituted “ An inquest resumed under this section ”;isubsections (4) and (5) are omitted.<Emphasis>Births and Deaths Registration Act 1953 (c. 20)</Emphasis>6The Births and Deaths Registration Act 1953 is amended as follows.7In section 2 (information concerning birth to be given to registrar within 42 days), in paragraph (ii) of the proviso, for “an inquest is held at which” substitute “ an investigation is conducted under Part 1 of the 2009 Act, other than one that is discontinued under section 4 of that Act (cause of death revealed by post-mortem examination), in the course of which ”.81Section 16 (information concerning death in a house) is amended as follows.2In subsection (2)—ain paragraph (a), for “any relative of the deceased person” substitute “ any person who is a relative or the partner of the deceased and who was ”,bin paragraph (b), for “any other relative of the deceased residing or being” substitute “ any person who is a relative or the partner of the deceased and who is or resides ”, andcafter paragraph (b) insert—baany personal representative of the deceased;.3In subsection (3)—ain paragraph (a), for “the nearest relative such” substitute “ each such person ”,bin paragraph (b)—ifor “no such relative” substitute “ no such person ”, andiifor “each such relative” substitute “ each such person ”,cin paragraph (c)—ifor “if there are no such relatives” substitute “ if neither of paragraphs (a) and (b) above applies ”, andiifor “paragraph (c) or (d)” substitute “ paragraph (ba), (c) or (d) ”,din paragraph (d), for “if there are no such relatives or persons as aforesaid” substitute “ if none of paragraphs (a) to (c) above applies ”, andefor “five days from the date of the death” substitute “ five days from the relevant date ”.4In that subsection, for paragraph (ii) of the proviso substitute—iithis subsection shall not have effect if an investigation is conducted under Part 1 of the 2009 Act into the death of the deceased person and has not been discontinued under section 4 of that Act (cause of death revealed by post-mortem examination).5After that subsection insert—4In this section, the expression “the relevant date” means—athe date on which the registrar is notified in accordance with regulations under section 20(1)(f)(i) or (h)(i) of the 2009 Act (confirmation or certification by medical examiner of cause of death); orbwhere an investigation under Part 1 of that Act into the death of the deceased person is discontinued under section 4 of that Act, the date of the discontinuance.91Section 17 (information concerning other deaths) is amended as follows.2In subsection (2)—ain paragraph (a), for “any relative of the deceased who” substitute “ any person who is a relative or the partner of the deceased and who ”, andbafter that paragraph insert—aaany personal representative of the deceased;.3In subsection (3)—ain paragraph (a), for “relative” substitute “ person ”,bin paragraph (b), for “relatives” substitute “ persons ”,cfor “five days from the date of the death or of the finding of the body” substitute “ five days from the relevant date ”, anddfor paragraph (ii) of the proviso substitute—iithis subsection shall not have effect if an investigation is conducted under Part 1 of the 2009 Act into the death of the deceased person and has not been discontinued under section 4 of that Act (cause of death revealed by post-mortem examination).4After that subsection insert—4In this section, the expression “the relevant date” means—athe date on which the registrar is notified in accordance with regulations under section 20(1)(f)(i) or (h)(i) of the 2009 Act (confirmation or certification by medical examiner of cause of death); orbwhere an investigation under Part 1 of that Act into the death of the deceased person is discontinued under section 4 of that Act, the date of the discontinuance.101Section 18 (notice preliminary to information of death) is amended as follows.2For the words from the beginning to “that person's death” substitute “ If, before the expiration of five days from the relevant date, a qualified informant of a person's death ”.3For the words from “accompanied by a notice” to “the cause of death,” substitute “ accompanied by a confirmed attending practitioner's certificate, or a medical examiner's certificate issued in accordance with regulations under section 20 of the 2009 Act (medical certificate of cause of death), ”.4For “from the date aforesaid” substitute “ from the relevant date ”.5At the end of that section (which becomes subsection (1)) insert—2In this section, the expression “the relevant date” means—athe date on which the registrar is notified in accordance with regulations under section 20(1)(f)(i) or (h)(i) of the 2009 Act (confirmation or certification by medical examiner of cause of death); orbwhere an investigation under Part 1 of that Act into the death of the deceased person is discontinued under section 4 of that Act (cause of death becoming clear before inquest), the date of the discontinuance.111In section 19 (registrar's power to require information concerning death), subsection (1) is amended as follows.2For the words from the beginning to “the registrar may” substitute—A1This section applies where, after the expiration of the relevant period from—athe date on which the registrar is notified in accordance with regulations under section 20(1)(f)(i) or (h)(i) of the 2009 Act (confirmation or certification by medical examiner of cause of death), orbwhere an investigation under Part 1 of that Act into a person's death is discontinued under section 4 of that Act (cause of death becoming clear before inquest), the date of the discontinuance,the death of that person has, owing to the default of the persons required to give information concerning it, not been registered.1The registrar may.3For paragraph (ii) of the proviso substitute—iian investigation under Part 1 of the 2009 Act is conducted into the death of the deceased person and has not been discontinued under section 4 of that Act.12In section 20 (registration of death free of charge) omit the words from “, at any time” to “of any person,”.13Omit section 21 (registration of death after twelve months).14For section 22 substitute—Registration of cause of death on receipt of medical certificate221This section applies where—athe registrar is given a confirmed attending practitioner's certificate, or a medical examiner's certificate, in accordance with regulations under section 20 of the 2009 Act (medical certificate of cause of death); andbno investigation into the death under Part 1 of that Act is conducted.2The registrar shall enter in the register the cause of death as stated in the certificate, together with—athe name of the medical examiner and such information about the examiner as may be prescribed; andbwhere an attending practitioner's certificate was prepared, the name of the practitioner by whom it was prepared and such information about that practitioner as may be prescribed.151Section 23 (furnishing of information by coroner) is amended as follows.2For subsection (2) substitute—2Where there has been an investigation under Part 1 of the 2009 Act into a death and the senior coroner sends to the registrar a certificate giving information concerning the death, including the particulars found under section 10(1)(b) of that Act, the registrar shall in the prescribed form and manner register the death and those particulars; and, if the death has been previously registered, those particulars shall be entered in the prescribed manner without any alteration of the original entry.2ZAWhere under section 40(8)(a)(i) of the 2009 Act the Chief Coroner amends a finding under section 10(1)(b) of that Act and sends to the registrar a certificate setting out the amended particulars, the registrar shall in the prescribed form and manner register the amended particulars without any alteration of the original entry.3For subsection (2A) substitute—2AWhere—aan investigation under Part 1 of the 2009 Act into a death is suspended under Schedule 1 to that Act, andbthe senior coroner sends to the registrar a certificate stating the particulars required by this Act to be registered concerning the death (so far as they have been ascertained at the date of the certificate),the registrar shall in the prescribed form and manner register the death and those particulars.2BWhere—aan investigation under Part 1 of the 2009 Act into a death is suspended under paragraph 2 of Schedule 1 to that Act (suspension where certain criminal proceedings brought), andbthe senior coroner sends to the registrar a certificate—istating the result of the proceedings in respect of the charge or charges by reason of which the investigation was suspended, or of any proceedings that had to be concluded before the investigation could be resumed, oriisetting out any changes or additions to the particulars mentioned in subsection (2A) of this section,the registrar shall in the prescribed form and manner register the result of those proceedings, or the changes or additions, without any alteration of the original entry.2CWhere—aan investigation under Part 1 of the 2009 Act into a death is suspended under paragraph 3 of Schedule 1 to that Act (suspension pending inquiry), andbthe senior coroner sends to the registrar a certificate—istating the findings of the inquiry by reason of which the investigation was suspended,iistating the result of any proceedings that had to be concluded before the investigation could be resumed, oriiisetting out any changes or additions to the particulars mentioned in subsection (2A) of this section,the registrar shall in the prescribed form and manner register the findings of that inquiry, or the result of those proceedings, or the changes or additions, without any alteration of the original entry.4In subsection (3), for the words from the beginning to “stating” substitute “ Where an investigation is discontinued under section 4 of the 2009 Act by reason of an examination under section 14 of that Act (post-mortem examinations) and the senior coroner sends to the registrar a certificate stating ”.161Section 23A (giving of information concerning a death to a person other than the registrar) is amended as follows.2In subsection (2), for paragraphs (a) and (b) substitute—aif —ithere has been no investigation under Part 1 of the 2009 Act into the death, oriisuch an investigation has been discontinued under section 4 of the 2009 Act (cause of death becoming clear before inquest) other than as mentioned in paragraph (b),a copy of a confirmed attending practitioner's certificate, or of a medical examiner's certificate, given to the registrar in accordance with regulations under section 20 of the 2009 Act (medical certificate of cause of death); andbif an investigation into the death has been discontinued under section 4 of that Act by reason of an examination under section 14 of that Act (post-mortem examinations), a copy of a certificate from the senior coroner stating the cause of death as disclosed by the report of the person making the examination;.3In subsection (5), after “a relative” insert “ or the partner ”.4Omit subsection (6).17In section 24 (certificates as to registration of death), in subsection (1), for “has received a certificate under section twenty-two of this Act” substitute “ has been given a confirmed attending practitioner's certificate or a medical examiner's certificate in accordance with regulations under section 20 of the 2009 Act ”.181Section 29 (correction of error in registers) is amended as follows.2After subsection (3) insert—3AIn the case of a death in relation to which the registrar has been given a confirmed attending practitioner's certificate, or a medical examiner's certificate, in accordance with regulations under section 20 of the 2009 Act—ano correction under subsection (3) of this section relating to the cause of death may be made without the approval of the medical examiner concerned;bany error of fact or substance relating to the cause of death in a register of deaths may be corrected by entry in the margin (without any alteration of the original entry) by the officer having the custody of the register on being notified by the medical examiner of the nature of the error and the true facts of the case.3BIn the case of a death in relation to which an investigation under Part 1 of the 2009 Act has been discontinued under section 4 of that Act (cause of death revealed by post-mortem examination)—ano correction under subsection (3) of this section relating to the cause of death may be made without the approval of the senior coroner concerned;bany error of fact or substance relating to the cause of death in a register of deaths may be corrected by entry in the margin (without any alteration of the original entry) by the officer having the custody of the register on being notified by the senior coroner of the nature of the error and the true facts of the case.3In paragraph (a) of subsection (4), for “touching which he has held an inquest” substitute “into which he has conducted an investigation under Part 1 of the 2009 Act (other than one that has been discontinued under section 4 of that Act)”.4Omit paragraph (b) of that subsection and the word “or” preceding it.19After section 33 insert—Short certificate of death33A1Any person shall—aon furnishing the prescribed particulars, andbon payment of such fee as may be specified in regulations made by the Minister by statutory instrument,be entitled to obtain from the Registrar General, a superintendent registrar or a registrar a short certificate of the death of any person.2Any such certificate shall be in the prescribed form and shall be compiled in the prescribed manner from the records and registers in the custody of the Registrar General, or from the registers in the custody of the superintendent registrar or registrar, as the case may be, and shall contain such particulars as may be prescribed.3A statutory instrument containing regulations under subsection (1)(b) of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.20In section 34 (entry in register as evidence of birth or death) omit subsection (4).211In section 41 (interpretation) insert the following definitions at the appropriate places—“the 2009 Act” means the Coroners and Justice Act 2009;”;“ “attending practitioner's certificate” has the meaning given by section 20(1)(a) of the 2009 Act;”;“ “confirmed attending practitioner's certificate” means an attending practitioner's certificate in respect of which the cause of death has been confirmed by a medical examiner in accordance with regulations under section 20(1)(f)(i) of the 2009 Act;”;“ “medical examiner” means a person appointed under section 19 of the 2009 Act;”;“ “medical examiner's certificate” has the meaning given by section 20(1)(h) of the 2009 Act;”;“ “partner” (except in the expression “civil partner”) is to be read in accordance with subsection (2) of this section.2At the end of that section (which becomes subsection (1)) insert—2A 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.3A reference in this Act to an investigation under Part 1 of the 2009 Act being conducted includes a reference to the case where such an investigation has begun and—ahas not yet finished,bis suspended under Schedule 1 to that Act (whether temporarily or otherwise), orcis discontinued under section 4 of that Act.<Emphasis>Courts Act 1971 (c. 23)</Emphasis>22In Schedule 2 to the Courts Act 1971 (certain office-holders eligible for appointment as circuit judges), in Part 1A, for “Coroner appointed under section 2 of the Coroners Act 1988” substitute “ Senior coroner appointed under paragraph 1 of Schedule 3 to the Coroners and Justice Act 2009 ”.<Emphasis>Pensions (Increase) Act 1971 (c. 56)</Emphasis>23In Schedule 2 to the Pensions (Increase) Act 1971 (official pensions), in paragraph 61, after “the Coroners Act 1988” insert “ or by virtue of paragraph 17 of Schedule 3 to the Coroners and Justice Act 2009 ”.<Emphasis>Juries Act 1974 (c. 23)</Emphasis>24In section 19 of the Juries Act 1974 (payment for jury service), in subsections (2) and (5), for “the Coroners Act 1988” substitute “ Schedule 7 to the Coroners and Justice Act 2009 ”.<Emphasis>Health and Safety at Work etc. Act 1974 (c. 37)</Emphasis>251In section 34 of the Health and Safety at Work etc. Act 1974 (extension of time for bringing summary proceedings), subsection (1) is amended as follows.2In paragraph (c), for “a coroner's inquest is held touching” substitute “ an investigation under Part 1 of the Coroners and Justice Act 2009 is conducted into ”.3For the words from “from the report” to “proceedings at the inquest or” substitute “ from the report or investigation or, in a case falling within paragraph (d) above, from the proceedings at the ”.4For “report, inquest or inquiry” substitute “ report, investigation or inquiry ”.5For “conclusion of the inquest” substitute “ conclusion of the investigation ”.<Emphasis>House of Commons Disqualification Act 1975 (c. 24)</Emphasis>26In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices) insert the following entries at the appropriate place—Senior coroner, area coroner or assistant coroner appointed under Part 1 of the Coroners and Justice Act 2009.Coroner for Treasure.Deputy Chief Coroner appointed by the Lord Chancellor under that Part who is not also a senior coroner.<Emphasis>Northern Ireland Assembly Disqualification Act 1975 (c. 25)</Emphasis>27In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices) insert the following entries at the appropriate place—Senior coroner, area coroner or assistant coroner appointed under Part 1 of the Coroners and Justice Act 2009.”“Coroner for Treasure.”“Deputy Chief Coroner appointed by the Lord Chancellor under that Part who is not also a senior coroner.<Emphasis>Magistrates' Courts Act 1980 (c. 43)</Emphasis>28In Schedule 6A to the Magistrates' Courts Act 1980 (fines that may be altered under section 143)—aomit the entry relating to the Coroners Act 1988, andbafter the entry relating to the Powers of Criminal Courts (Sentencing) Act 2000 insert—

CORONERS AND JUSTICE ACT 2009
In Schedule 6, paragraphs 5 (refusal to serve as juror etc) and 6 (refusal to give evidence etc)	£1000

<Emphasis>Access to Health Records Act 1990 (c. 23)</Emphasis>291Section 3 of the Access to Health Records Act 1990 (right of access to health records) is amended as follows.2In subsection (1) (persons entitled to access), at the end insert—gwhere the patient has died, a medical examiner exercising functions by virtue of section 20 of the Coroners and Justice Act 2009 in relation to the death.3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Emphasis>Courts and Legal Services Act 1990 (c. 41)</Emphasis>30In Schedule 11 to the Courts and Legal Services Act 1990 (judges etc barred from legal practice), for “Coroner appointed under section 2 of the Coroners Act 1988” substitute “ Senior coroner appointed under paragraph 1 of Schedule 3 to the Coroners and Justice Act 2009 ”.<Emphasis>Judicial Pensions and Retirement Act 1993 (c. 8)</Emphasis>31In Part 2 of Schedule 1 to the Judicial Pensions and Retirement Act 1993 (other offices that may be qualifying judicial offices), after the entry relating to the Adjudicator to Her Majesty's Land Registry there is inserted— “ Coroner for Treasure. Deputy Chief Coroner appointed by the Lord Chancellor who is not also a senior coroner ”<Emphasis>Merchant Shipping Act 1995 (c. 21)</Emphasis>32The Merchant Shipping Act 1995 is amended as follows.33In section 108 (returns of births and deaths in ships etc), in subsection (6)(b), for “is satisfied that an inquest is unnecessary” substitute “ discontinues an investigation under Part 1 of the Coroners and Justice Act 2009 or, as the case may be, is satisfied that an inquest under the Coroners Act (Northern Ireland) 1959 is unnecessary ”.34In section 271 (inquiries into deaths of crew members and others), in subsection (6), for “where” to the end substitutewhere— ain England and Wales, an investigation is to be conducted under Part 1 of the Coroners and Justice Act 2009;bin Northern Ireland, an inquest is to be held under the Coroners Act (Northern Ireland) 1959;cin Scotland, an enquiry is to be held under the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976.351Section 273 (transmission of particulars of certain deaths on ships) is amended as follows.2In paragraph (a), for “or a post mortem examination” to the end substitute “ or subsection (2) below applies; and ”.3At the end of that section (which becomes subsection (1)) insert—2This subsection applies where—ain England and Wales, an investigation under Part 1 of the Coroners and Justice Act 2009 into a person's death is discontinued under section 4 of that Act (cause of death revealed by post-mortem examination); orbin Northern Ireland, a preliminary investigation is made of a dead body as a result of which the coroner is satisfied that an inquest is unnecessary.<Emphasis>Employment Rights Act 1996 (c. 18)</Emphasis>361The Employment Rights Act 1996 is amended as follows.2In section 43M (jury service), in subsection (1)(a), for “the Coroners Act 1988” substitute “ Part 1 of the Coroners and Justice Act 2009 ”.3In section 98B (jury service), in subsection (1)(a), for “the Coroners Act 1988” substitute “ Part 1 of the Coroners and Justice Act 2009 ”.<Emphasis>Treasure Act 1996 (c. 24)</Emphasis>37The Treasure Act 1996 is amended as follows.38For section 7 (jurisdiction of coroners) substitute—Jurisdiction of coroners71As regards Northern Ireland, the jurisdiction of coroners which is referred to in section 33 of the Coroners Act (Northern Ireland) 1959 (treasure) is exercisable in relation to anything that is treasure for the purposes of this Act.2That jurisdiction is not exercisable for the purposes of the law relating to treasure trove in relation to anything found after the commencement of section 4.3The Act of 1959 has effect subject to this section.4An inquest held by virtue of subsection (1) is to be held without a jury, unless the coroner orders otherwise.5As regards England and Wales, see Chapter 4 of Part 1 of the Coroners and Justice Act 2009 (which confers jurisdiction on the Coroner for Treasure in relation to an object that is or may be treasure, or treasure trove found before the commencement of section 4).391Section 8 (duty of finder to notify coroner) is amended as follows.2In subsection (1), for “coroner for the district in which the object was found” substitute “ Coroner for Treasure ”.3In subsection (4), for “coroner” substitute “ Coroner for Treasure ”.4For subsection (5) substitute—5If the office of Coroner for Treasure is vacant, notification under subsection (1) must be given to an Assistant Coroner for Treasure.6This section has effect subject to section 8B.5After that subsection insert—77In its application to Northern Ireland this section has effect as if—ain subsection (1), for “Coroner for Treasure” there were substituted “ coroner for the district in which the object was found ”;bin subsection (4), for “Coroner for Treasure” there were substituted “ coroner ”; andcin subsection (5), for the words from “Coroner for Treasure” to the end 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) ”.40After section 8A (inserted by section 30 of this Act) insert—Notice under section 8 or 8A to designated officer8B1A requirement under section 8 or 8A to give a notification to the Coroner for Treasure (or an Assistant Coroner for Treasure) may, if the relevant place falls within an area for which there is a designated officer, be complied with by giving the notification to that officer.2A designated officer must notify the Coroner for Treasure of all notifications given under subsection (1).3If the office of Coroner for Treasure is vacant, notification under subsection (2) must be given to an Assistant Coroner for Treasure.4In this section—“designated officer” means an officer designated by an order made by statutory instrument by the Secretary of State;“the relevant place” means—in relation to a requirement under section 8, the place where the object in question was found;in relation to a requirement under section 8A, the place where the treasure in question is located.5A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.6In its application to Northern Ireland this section has effect as if—ain subsection (1), for “the Coroner for Treasure (or an Assistant Coroner for Treasure)” there were substituted “ a coroner ”;bin subsection (2), for “Coroner for Treasure” there were substituted “ coroner for the district in which the relevant place falls ”;cin subsection (3), 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 (2) ”.Offences under section 8 or 8A: period for bringing proceedings8C1Proceedings for an offence under section 8 or 8A may be brought within the period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to the prosecutor's knowledge; but no such proceedings may be brought by virtue of this subsection more than three years after the commission of the offence.2For the purposes of subsection (1)—aa certificate signed by or on behalf of the prosecutor and stating the date on which the evidence referred to in that subsection came to the prosecutor's knowledge shall be conclusive evidence to that effect; andba certificate to that effect and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.41For section 9 substitute—Procedure for investigations: England and Wales91Before conducting an investigation concerning an object, the Coroner for Treasure must—anotify the appropriate national museum;btake reasonable steps to notify—iany person who the coroner thinks may have found the object; andiiany person who, at the time the object was found, occupied land that the coroner thinks may be where it was found.2During an investigation the Coroner for Treasure must take reasonable steps to notify any person within subsection (1)(b) who has not already been notified.3Before or during an investigation, the Coroner for Treasure must take reasonable steps—ato obtain the names and addresses of any other interested persons; andbto notify any interested person whose name and address he obtains.4The Coroner for Treasure must take reasonable steps to give any interested person an opportunity to examine witnesses at any inquest held as part of an investigation.5In this section—“the appropriate national museum” means—the British Museum, if the object in question was found or is believed to have been found in England;the National Museum of Wales, if it was found or is believed to have been found in Wales;“interested person” has the meaning given by section 47(6) of the Coroners and Justice Act 2009;“investigation” means an investigation under section 26 of that Act.6This section extends only to England and Wales.Procedure for inquests: Northern Ireland9A1Before conducting an inquest concerning an object, a coroner must—anotify the Department of the Environment for Northern Ireland;btake reasonable steps to notify—iany person who the coroner thinks may have found the object; andiiany person who, at the time the object was found, occupied land that the coroner thinks may be where it was found.2During the inquest the coroner must take reasonable steps to notify any person within subsection (1)(b) who has not already been notified.3Before or during the inquest, the coroner must take reasonable steps—ato obtain the names and addresses of any other interested persons; andbto notify any interested person whose name and address he obtains.4The coroner must take reasonable steps to give any interested person an opportunity to examine witnesses at the inquest.5In this section—“inquest” means an inquest held by virtue of section 7(1);“interested person” means—the Department of the Environment for Northern Ireland;the finder of the object in question or any person otherwise involved in the find;the occupier, at the time the object was found, of the land where it was found or is believed to have been found;a person who had an interest in that land at that time or who has had such an interest since;any other person with a sufficient interest.6This section extends only to Northern Ireland.42Omit section 13.<Emphasis>Northern Ireland (Location of Victims' Remains) Act 1999 (c. 7)</Emphasis>43In section 4 of the Northern Ireland (Location of Victims' Remains) Act 1999 (restrictions on forensic testing), in subsection (2), for “for the purposes of an inquest, the identity” substitutefor the purposes of— aan inquest under the Coroners Act (Northern Ireland) 1959, orban investigation under Part 1 of the Coroners and Justice Act 2009,the identity .<Emphasis>Freedom of Information Act 2000 (c. 36)</Emphasis>44In section 32 of the Freedom of Information Act 2000 (court records etc), in subsection (4)(b), for “any inquest or” substitute “ any investigation under Part 1 of the Coroners and Justice Act 2009, any inquest under the Coroners Act (Northern Ireland) 1959 and any ”.<Emphasis>International Criminal Court Act 2001 (c. 17)</Emphasis>45In section 35 of the International Criminal Court Act 2001 (orders for exhumation), for “section 23 of the Coroners Act 1988 (c. 13)” substitute “ paragraph 6 of Schedule 5 to the Coroners and Justice Act 2009 ”.<Emphasis>Courts Act 2003 (c. 39)</Emphasis>46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Emphasis>Human Tissue Act 2004 (c. 30)</Emphasis>47The Human Tissue Act 2004 is amended as follows.48In section 1 (authorisation of activities for scheduled purposes), in subsection (2), for the words after “shall be lawful” substituteif done with the appropriate consent and after— athe confirmation of the cause of death by a medical examiner in accordance with regulations under section 20(1)(f)(i) of the Coroners and Justice Act 2009 or the issue by a medical examiner of a certificate of the cause of death in accordance with regulations under section 20(1)(h)(i) of that Act, orbthe signing of a certificate under Article 25(2) of the Births and Deaths Registration (Northern Ireland) Order 1976 of the cause of the person's death.491Section 5 (prohibition of activities without consent etc) is amended as follows.2In subsection (3), for the words from “neither” to the end substitutenone of the following has happened in relation to the death of the person concerned— athe confirmation of the cause of death by a medical examiner in accordance with regulations under section 20(1)(f)(i) of the Coroners and Justice Act 2009 or the issue by a medical examiner of a certificate of the cause of death in accordance with regulations under section 20(1)(h)(i) of that Act;bthe signing of a certificate under Article 25(2) of the Births and Deaths Registration (Northern Ireland) Order 1976 of the cause of death.3In subsection (4)(a)(i), for “a certificate under either of those provisions has been signed in relation to the cause of death of the person concerned” substitute “ one of the things mentioned in paragraphs (a) and (b) of that subsection has happened in relation to the death of the person concerned ”.50In section 43 (preservation for transplantation), after subsection (5) insert—5ASection 11(2) applies to an act on authority under subsection (1) above as it applies to an act on authority under section 1.<Emphasis>Constitutional Reform Act 2005 (c. 4)</Emphasis>51In Schedule 14 to the Constitutional Reform Act 2005 (the Judicial Appointments Commission: relevant offices and enactments), at the end of Table 1 of Part 3 insert—

Coroner for Treasure	Paragraph 1 of Schedule 4 to the Coroners and Justice Act 2009
Deputy Chief Coroner	Paragraph 2(6) of Schedule 8 to the Coroners and Justice Act 2009

Part 2Murder and suicide<Emphasis>Criminal Justice Act 2003 (c. 44)</Emphasis>52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Emphasis>Children and Young Persons Act 1933 (c. 12)</Emphasis>53In Schedule 1 to the Children and Young Persons Act 1933 (offences against children and young persons to which special provisions apply), after the entry relating to infanticide insert— “ An offence under section 2(1) of the Suicide Act 1961 (encouraging or assisting suicide) where the relevant act is an act capable of, and done with the intention of, encouraging or assisting the suicide of a child or young person. ”<Emphasis>Visiting Forces Act 1952 (c. 67)</Emphasis>54In the Visiting Forces Act 1952—ain section 7(6) (provisions as to coroner's inquests and removal of bodies: meaning of homicide) for the words from “murder” to the end substitute— amurder, manslaughter or infanticide,bany offence under the law of the country in question which is analogous to any of the offences within paragraph (a), andcany offence under the law of the country in question which is analogous to an offence under section 2(1) of the Suicide Act 1961 or section 13(1) of the Criminal Justice Act (Northern Ireland) 1966 (encouraging or assisting suicide)., andbin paragraph 1(a) of the Schedule (offences against the person for purposes of restriction of trial by United Kingdom courts of offenders connected with visiting forces) for “of” to “commit suicide” substitute “ under section 2(1) of the Suicide Act 1961 or section 13(1) of the Criminal Justice Act (Northern Ireland) 1966 (encouraging or assisting suicide) ”.<Emphasis>Suicide Act 1961 (c. 60)</Emphasis>55In Schedule 1 to the Suicide Act 1961—ain Part 1 omit the entry relating to Schedule 1 to the Children and Young Persons Act 1933 (c. 12), andbin Part 2 omit the entry relating to section 7 of the Visiting Forces Act 1952 (c. 67).<Emphasis>Criminal Justice Act (Northern Ireland) 1966 (c. 20)</Emphasis>56In section 12 of the Criminal Justice Act (Northern Ireland) 1966 (suicide to cease to be a crime), for “13 and 14” substitute “ 13 to 14 ”.<Emphasis>Children and Young Persons Act (Northern Ireland) 1968 (c. 34)</Emphasis>57In Schedule 1 to the Children and Young Persons Act (Northern Ireland) 1968 (offences against children and young persons to which special provisions apply), for the entry for “Aiding, abetting, counselling or procuring the suicide of a child or young person” substitute— “ An offence under section 13(1) of the Criminal Justice Act (Northern Ireland) 1966 (encouraging or assisting suicide) where the relevant act is an act capable of, and done with the intention of, encouraging or assisting the suicide of a child or young person. ”<Emphasis>Criminal Attempts Act 1981 (c. 47)</Emphasis>58After section 1(4)(b) of the Criminal Attempts Act 1981 (exclusions to offence of attempting to commit an offence) insert—baan offence under section 2(1) of the Suicide Act 1961 (c. 60) (encouraging or assisting suicide);.<Emphasis>Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I. 13))</Emphasis>59After Article 3(4)(b) of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (exclusions to offence of attempting to commit an offence) insert—baan offence under section 13(1) of the Criminal Justice Act (Northern Ireland) 1966 (encouraging or assisting suicide);.<Emphasis>Law Reform (Year and a Day Rule) Act 1996 (c. 19)</Emphasis>601Section 2 of the Law Reform (Year and a Day Rule) Act 1996 (restriction on institution of proceedings for a fatal offence) is amended as follows.2For subsection (3)(b) (but not the “or” following it) substitute—ban offence under section 2(1) of the Suicide Act 1961 (offence of encouraging or assisting suicide) in connection with the death of a person,.3In subsection (5) after paragraph (a) insert—aathe reference in subsection (3)(b) to section 2(1) of the Suicide Act 1961 is to be read as a reference to section 13(1) of the Criminal Justice Act (Northern Ireland) 1966, and.<Emphasis>Serious Crime Act 2007 (c. 27)</Emphasis>611The Serious Crime Act 2007 is amended as follows.2After section 51 insert—Exceptions to section 44 for encouraging or assisting suicide51ASection 44 does not apply to an offence under section 2(1) of the Suicide Act 1961 or section 13(1) of the Criminal Justice Act (Northern Ireland) 1966 (offence of encouraging or assisting suicide).3In Schedule 3 (offences to be disregarded for the purposes of the offences under sections 45 and 46)—ain Part 2, after paragraph 27 insert—<Emphasis>Suicide Act 1961 (c. 60)</Emphasis>27AAn offence under section 2(1) of the Suicide Act 1961 (encouraging or assisting suicide)., andbin Part 4, after paragraph 42 insert—<Emphasis>Criminal Justice Act (Northern Ireland) 1966 (c. 20)</Emphasis>42AAn offence under section 13(1) of the Criminal Justice Act (Northern Ireland) 1966 (encouraging or assisting suicide).Part 3Prohibited images of children<Emphasis>Sexual Offences Act 2003 (c. 42)</Emphasis>621Schedule 3 to the Sexual Offences Act 2003 (sexual offences in respect of which offender becomes subject to notification requirements) is amended as follows.2After paragraph 35A insert—35BAn offence under section 62(1) of the Coroners and Justice Act 2009 (possession of prohibited images of children) if the offender—awas 18 or over, andbis sentenced in respect of the offence to imprisonment for a term of at least 2 years.3Paragraphs 92A to 92V, as inserted by Article 13 of the Sexual Offences (Northern Ireland Consequential Amendments) Order 2008 (S.I. 2008/1779), are renumbered as paragraphs 92B to 92W of that Schedule (and are to be regarded as so inserted after paragraph 92A as inserted by paragraph 58(3) of Schedule 26 to the Criminal Justice and Immigration Act 2008 (c. 4)).4After paragraph 92W insert—92XAn offence under section 62(1) of the Coroners and Justice Act 2009 (possession of prohibited images of children) if the offender—awas 18 or over, andbis sentenced in respect of the offence to imprisonment for a term of at least 2 years.5In paragraphs 93(1) and 93A(1) (service offences) for “35A” substitute “ 35B ”.<Emphasis>Criminal Justice Act 2003 (c. 44)</Emphasis>63In Schedule 34A to the Criminal Justice Act 2003 (child sex offences for purposes of provisions about disclosure of information to the public), after paragraph 13 insert—13AAn offence under section 62(1) of the Coroners and Justice Act 2009 (possession of prohibited images of children).<Emphasis>Armed Forces Act 2006 (c. 52)</Emphasis>64In Schedule 2 to the Armed Forces Act 2006 (offences), after paragraph 12(au) add—avan offence under section 62(1) of the Coroners and Justice Act 2009 (possession of prohibited images of children).Part 4Abolition of common law libel offences etc<Emphasis>Criminal Libel Act 1819 (60 Geo. 3 & 1 Geo. 4 c. 8)</Emphasis>651In section 1 of the Criminal Libel Act 1819 (power of court to make order for seizure of copies of libel)—aafter “In every case” insert “ in Northern Ireland ”, andbomit from “, or any seditious libel” to “means”.2This paragraph does not extend to Scotland.<Emphasis>Libel Act 1843 (c. 96)</Emphasis>66In section 7 of the Libel Act 1843 (evidence to rebut prima facie case of publication by agent)—aafter “Whensoever” insert “ in Northern Ireland ”, andbbefore “libel” insert “ blasphemous ”.<Emphasis>Newspaper Libel and Registration Act 1881 (c. 60)</Emphasis>67In section 4 of the Newspaper Libel and Registration Act 1881 (inquiry by court of summary jurisdiction as to libel being for public benefit etc)—aafter “jurisdiction” insert “ in Northern Ireland ”,bbefore “libel” (in first place it occurs) insert “ blasphemous ”, andcomit from “as to the publication” to “malice, and”.<Emphasis>Law of Libel Amendment Act 1888 (c. 64)</Emphasis>68In section 8 of the Law of Libel Amendment Act 1888 (order of Judge required for prosecution of newspaper proprietor etc)—aafter “commenced” insert “ in Northern Ireland ”, andbbefore “libel” insert “ blasphemous ”.Part 5Witness anonymity orders<Emphasis>Criminal Appeal Act 1968 (c. 19)</Emphasis>69In section 31 of the Criminal Appeal Act 1968 (powers of Court which are exercisable by single judge), after subsection (2E) insert—2FThe powers of the Court of Appeal to make, discharge or vary a witness anonymity order under Chapter 2 of Part 3 of the Coroners and Justice Act 2009 may be exercised by a single judge in the same manner as they may be exercised by the Court.<Emphasis>Court Martial Appeals Act 1968 (c. 20)</Emphasis>70In section 36 of the Court Martial Appeals Act 1968 (powers of Court which are exercisable by single judge), in subsection (1), after paragraph (j) (as inserted by Schedule 8 to the Armed Forces Act 2006 (c. 52)) insert—kto make a witness anonymity order under Chapter 2 of Part 3 of the Coroners and Justice Act 2009;lto discharge or vary a witness anonymity order under any of sections 91, 92 and 93 of that Act;.<Emphasis>Criminal Appeal (Northern Ireland) Act 1980 (c. 47)</Emphasis>71In section 45 of the Criminal Appeal (Northern Ireland) Act 1980 (powers of Court which are exercisable by single judge), after subsection (3D) insert—3ESubject to section 44(4) above, the powers of the Court of Appeal to make, discharge or vary a witness anonymity order under Chapter 2 of Part 3 of the Coroners and Justice Act 2009 may be exercised by a single judge of the Court.Part 6Vulnerable and intimidated witnesses<Emphasis>Crime and Disorder Act 1998 (c. 37)</Emphasis>72. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Emphasis>Youth Justice and Criminal Evidence Act 1999 (c. 23)</Emphasis>73In section 27(5) of the Youth Justice and Criminal Evidence Act 1999 (consequences of admitting video recording), in paragraph (a)(i), for “otherwise than by testimony in court” substitute “ in any recording admissible under section 28 ”.Part 7Bail<Emphasis>Bail Act 1976 (c. 63)</Emphasis>74In the Bail Act 1976—ain section 4 (general right to bail of accused persons etc), in subsection (7) at the end add “ and section 115(1) of the Coroners and Justice Act 2009 (bail decisions in murder cases to be made by Crown Court judge) ”, andbin section 7 (liability to arrest for absconding or breaking conditions of bail), after subsection (7) add—8In the case of a person charged with murder or with murder and one or more other offences—asubsections (4) and (5) have effect as if for “justice of the peace” there were substituted “ judge of the Crown Court ”,bsubsection (6) has effect as if for “justice” (in both places) there were substituted “ judge ”, andcsubsection (7) has effect, for the purposes of subsection (4), as if at the end there were added “, Saturday or bank holiday.<Emphasis>Magistrates' Courts Act 1980 (c. 43)</Emphasis>75In section 117 of the Magistrates' Courts Act 1980 (warrant endorsed for bail), after subsection (1) insert—1ASubsection (1) is subject to section 115(1) of the Coroners and Justice Act 2009 (bail decisions in murder cases to be made by Crown Court judge).<Emphasis>Supreme Court Act 1981 (c. 54)</Emphasis>76In section 81 of the Supreme Court Act 1981 (granting of bail by the Crown Court)—aafter subsection (1)(g) insert—hin respect of whom a judge of the Crown Court is required to make a decision pursuant to section 115(3) of the Coroners and Justice Act 2009 (bail decisions in murder cases to be made by Crown Court judge);”, andbin subsection (5) for “either” to the end substitute— aif the person is charged with murder or with murder and one or more other offences, the Crown Court, andbin any other case, either the Crown Court or a magistrates' court.<Emphasis>Police and Criminal Evidence Act 1984 (c. 60)</Emphasis>77In section 38 of the Police and Criminal Evidence Act 1984 (duties of custody officer after charge), after subsection (1)(b) add—cthe offence with which the person is charged is murder.<Emphasis>Crime and Disorder Act 1998 (c. 37)</Emphasis>78In section 52 of the Crime and Disorder Act 1998 (supplementary provision about persons sent for trial to Crown Court), in subsection (1), after “1980 Act” insert “ , section 115(1) of the Coroners and Justice Act 2009 ”.Part 8Sentencing Council for England and Wales<Emphasis>Parliamentary Commissioner Act 1967 (c. 13)</Emphasis>79In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation), after the entry for the Security Industry Authority insert—Sentencing Council for England and Wales.<Emphasis>Magistrates' Courts Act 1980 (c. 43)</Emphasis>80In section 19 of the Magistrates' Courts Act 1980 (decision as to allocation), as substituted by Schedule 3 to the Criminal Justice Act 2003 (c. 44), in subsection (3) for “170 of the Criminal Justice Act 2003” substitute “ 122 of the Coroners and Justice Act 2009 ”.<Emphasis>Crime and Disorder Act 1998 (c. 37)</Emphasis>81In Schedule 3 to the Crime and Disorder Act 1998 (procedure where persons are sent for trial under section 51 of that Act), in paragraph 9(3), as substituted by Schedule 3 to the Criminal Justice Act 2003, for “170 of the Criminal Justice Act 2003” substitute “ 122 of the Coroners and Justice Act 2009 ”.<Emphasis>Freedom of Information Act 2000 (c. 36)</Emphasis>82In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities: other public bodies and offices), after the entry for the Senior Salaries Review Body insert—The Sentencing Council for England and Wales.<Emphasis>Criminal Justice Act 2003 (c. 44)</Emphasis>83The Criminal Justice Act 2003 is amended as follows.84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .85. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .86. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .87In section 330 (orders and rules), in subsection (1), after paragraph (b) add—cthe powers conferred on the Lord Chancellor by sections 174(4) and 269(6) to make an order.88In Schedule 38 (transitory, transitional and saving provisions), omit paragraphs 2 and 3.<Emphasis>Armed Forces Act 2006 (c. 52)</Emphasis>89In section 259 of the Armed Forces Act 2006 (sentencing guidelines), for subsection (5) substitute—5In this section “guidelines” means sentencing guidelines issued by the Sentencing Council for England and Wales under section 120 of the Coroners and Justice Act 2009 as definitive guidelines, as revised by any subsequent guidelines so issued.Part 9Disqualification for driving<Emphasis>Road Traffic Offenders Act 1988 (c. 53)</Emphasis>901The Road Traffic Offenders Act 1988 is amended as follows.2In section 34 (disqualification for certain offences), after subsection (4A) insert—4AAFor the purposes of subsection (4)(b), a disqualification is to be disregarded if the period of disqualification would have been less than 56 days but for an extension period added pursuant to—asection 35A or 35C,bsection 248D of the Criminal Procedure (Scotland) Act 1995, orcsection 147A of the Powers of Criminal Courts (Sentencing) Act 2000.3In section 34A (as substituted by section 35 of the Road Safety Act 2006 (c. 49)) (reduced disqualification for attendance on courses)—ain subsection (1)(b), after “months” insert “ (disregarding any extension period added pursuant to section 35A or 35C) ”,bin subsection (5), after “of this Act” insert “ (disregarding any extension period added pursuant to section 35A or 35C) ”,cin subsection (6), after “order”, in first place it occurs, insert “ (but including any extension period added pursuant to section 35A or 35C) ”, anddafter subsection (7) insert—7AThe reduced period” is the period of disqualification imposed under section 34 of this Act (disregarding any extension period added pursuant to section 35A or 35C) as reduced by an order under this section.4In section 34B (as so substituted) (certificates of completion of courses)—ain subsection (1), for “unreduced period” substitute “ total unreduced period of disqualification ”,bin subsection (2)—ifor “unreduced period” substitute “ total unreduced period of disqualification ”, andiifor “reduced period”, in both places it occurs, substitute “ the total reduced period of disqualification ”, andcafter subsection (11) add—12For the purposes of this section—“the total reduced period of disqualification” means the period of disqualification imposed under section 34 (including any extension period added to that period pursuant to section 35A or 35C), as reduced by an order under section 34A;“the total unreduced period of disqualification” means the period of disqualification imposed under section 34 (including any such extension period), disregarding any reduction by such an order.5In section 34D (as inserted by section 15 of the Road Safety Act 2006) (reduced disqualification period: alcohol ignition interlock programme orders)—ain subsection (1)(d), after “section” insert “ and disregarding any extension period added pursuant to section 35A or 35C ”,bin subsection (3), after “specify” insert “ as the period of disqualification under section 34 (disregarding any extension period added pursuant to section 35A or 35C) ”,cafter subsection (5) insert—5AAn appropriate extension period (within the meaning of section 35A or 35C) is not to be added to the further order referred to in subsection (5).,din subsection (6)—iin paragraph (a), for “unreduced period” substitute “ total unreduced period of disqualification ”, andiiin paragraph (b), for “reduced period” substitute “ total reduced period of disqualification ”, andeafter that subsection insert—6AIn subsection (6)—“the total reduced period of disqualification” means the period of disqualification imposed under section 34 (including any extension period added to that period pursuant to section 35A or 35C), as reduced by an order under this section;“the total unreduced period of disqualification” means the period of disqualification imposed under section 34 (including any such extension period), disregarding any reduction by such an order.6In section 35 (disqualification for repeated offences)—ain subsection (2), in the words following paragraph (b), after “offender is” insert “ , subject to subsection (2A), ”, andbafter subsection (2) insert—2AA previous disqualification imposed on an offender for a fixed period is not to be taken into account for the purposes of subsection (2) if that period would have been less than 56 days but for an extension period added pursuant to—asection 35A or 35C,bsection 248D of the Criminal Procedure (Scotland) Act 1995, orcsection 147A of the Powers of Criminal Courts (Sentencing) Act 2000.7In section 37 (effect of order of disqualification)—ain subsection (1A)(a), after “56 days” insert “ (disregarding any extension period) ”,bin subsection (1A), after “period of disqualification” insert “ (including any extension period) ”, andcafter subsection (1A) insert—1BIn subsection (1A) “extension period” means an extension period added pursuant to—asection 35A or 35C,bsection 248D of the Criminal Procedure (Scotland) Act 1995, orcsection 147A of the Powers of Criminal Courts (Sentencing) Act 2000.8In section 42 (removal of disqualification)—ain subsection (3)—ifor “the date of the order by which the disqualification was imposed” substitute “ the relevant date ”,iiin paragraph (a), after “four years” insert “ (disregarding any extension period) ”, andiiiin paragraph (b), for “period of disqualification, if it is” substitute “ period of disqualification (disregarding any extension period), if the disqualification is (disregarding any extension period) ”,bafter subsection (3) insert—3AIn subsection (3) “the relevant date” means—athe date of the order imposing the disqualification in question, orbif the period of the disqualification is extended by an extension period, the date in paragraph (a) postponed by a period equal to that extension period., andcafter subsection (3A) (as inserted by paragraph (b)), insert—3BExtension period” means an extension period added pursuant to—asection 35A or 35C,bsection 248D of the Criminal Procedure (Scotland) Act 1995, orcsection 147A of the Powers of Criminal Courts (Sentencing) Act 2000.9In section 47 (supplementary provisions as to disqualification and endorsements)—ain subsection (2) (as substituted by paragraph 44(2) of Schedule 3 to the Road Safety Act 2006 (c. 49)), after “or more” insert “ (disregarding any extension period) ”, andbafter subsection (2), insert—2ZAIn subsection (2) “extension period” means an extension period added pursuant to—asection 35A or 35C,bsection 248D of the Criminal Procedure (Scotland) Act 1995, orcsection 147A of the Powers of Criminal Courts (Sentencing) Act 2000.<Emphasis>Criminal Procedure (Scotland) Act 1995 (c. 46)</Emphasis>91In section 248C of the Criminal Procedure (Scotland) Act 1995 (application of sections 248A and 248B), omit subsection (3).<Emphasis>Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/1320 (N.I. 10))</Emphasis>921The Road Traffic Offenders (Northern Ireland) Order 1996 is amended as follows.2In Article 35(4) (disqualification for certain offences), in sub-paragraph (b) after “or more” insert “ (disregarding any extension period added pursuant to Article 40A or Article 91A of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1))) ”.3In Article 36 (reduced disqualification period for attendance on courses)—ain paragraph (1)(b), after “months” insert “ (disregarding any extension period added pursuant to Article 40A) ”,bin paragraph (2), after “Article 35” insert “ (disregarding any extension period added pursuant to Article 40A) (“the unreduced period”) ”,cin paragraph (3), after “Article 35”, in both places it occurs, insert “ (disregarding any extension period added pursuant to Article 40A) ”,dafter that paragraph insert—3AThe reduced period” is the period of disqualification imposed under Article 35 of this Order (disregarding any extension period added pursuant to Article 40A) as reduced by an order under this Article., andein paragraph (5), at the end insert “ but including any extension period added pursuant to Article 40A. ”4In Article 37 (certificates of completion of courses)—ain paragraph (1), for “period of disqualification imposed under Article 35” substitute “ total unreduced period of disqualification ”,bin paragraph (2)—ifor “period of disqualification imposed under Article 35” substitute “ total unreduced period of disqualification ”,iifor “end of the period as it would have been reduced by the order” substitute “ total reduced period of disqualification ”, andiiifor “reduced period” substitute “ the total reduced period of disqualification ”, andcafter that paragraph insert—2AFor the purposes of this Article—“the total reduced period of disqualification” means the period of disqualification imposed under Article 35 (including any extension period added to that period pursuant to Article 40A), as reduced by an order under Article 36;“the total unreduced period of disqualification” means the period of disqualification imposed under Article 35 (including any such extension period), disregarding any reduction by such an order.5In Article 38A (as inserted by Article 60 of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)) (reduced disqualification period: alcohol ignition interlock programme orders)—ain paragraph (1)(d), after “Article” insert “ and disregarding any extension period added pursuant to Article 40A ”,bin paragraph (3), after “specify” insert “ as the period of disqualification under Article 35 (disregarding any extension period added pursuant to Article 40A) ”,cafter paragraph (5) insert—5AAn appropriate extension period (within the meaning of Article 40A) is not to be added to the further order referred to in paragraph (5).,din paragraph (6)—iin sub-paragraph (a), for “unreduced period” substitute “ total unreduced period of disqualification ”, andiiin sub-paragraph (b), for “reduced period” substitute “ total reduced period of disqualification ”, andeafter that paragraph insert—6AIn paragraph (6)—“total reduced period of disqualification” means the period of disqualification imposed under Article 35 (including any extension period added to that period pursuant to Article 40A), as reduced by an order under this Article;“total unreduced period of disqualification” means the period of disqualification imposed under Article 35 (including any such extension period), disregarding any reduction by such an order.6In Article 40(3) (disqualification for repeated offences), after “or more” insert “ (disregarding any extension period added pursuant to Article 40A or Article 91A of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1))) ”.7In Article 42 (effect of order of disqualification)—ain paragraph (2)(a), after “56 days” insert “ (disregarding any extension period) ”,bin paragraph (2), after “period of disqualification” insert “ (including any extension period) ”, andcafter paragraph (2) insert—2AIn paragraph (2) “extension period” means an extension period added pursuant to—aArticle 40A,bArticle 8A of the Criminal Justice (Northern Ireland) Order 1980 (S.I. 1980/704 (N.I. 6)), orcArticle 91A of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)).8In Article 47 (removal of disqualification)—ain paragraph (3)—ifor “the date of the order by which the disqualification was imposed” substitute “ the relevant date ”,iiin sub-paragraph (a), after “4 years” insert “ (disregarding any extension period) ”, andiiiin sub-paragraph (b), for “period of disqualification, if it is” substitute “ period of disqualification (disregarding any extension period), if the disqualification is (disregarding any extension period) ”,bafter paragraph (3) insert—3AIn paragraph (3) “the relevant date” means—athe date of the order imposing the disqualification in question, orbif the period of the disqualification is extended by an extension period, the date in sub-paragraph (a) postponed by a period equal to that extension period., andcafter paragraph (3A) (as inserted by paragraph (b)), insert—3BExtension period” means an extension period added pursuant to—aArticle 40A,bArticle 8A of the Criminal Justice (Northern Ireland) Order 1980 (S.I. 1980/704 (N.I. 6)), orcArticle 91A of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)).9In Article 52 (supplementary provisions as to disqualification and endorsements)—ain paragraph (2), after “or more” insert “ (disregarding any extension period) ”, andbafter paragraph (2), insert—2ZAIn paragraph (2) “extension period” means an extension period added pursuant to—aArticle 40A,bArticle 8A of the Criminal Justice (Northern Ireland) Order 1980 (S.I. 1980/704 (N.I. 6)), orcArticle 91A of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)).<Emphasis>Crime (International Co-operation) Act 2003 (c. 32)</Emphasis>93. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Part 10Miscellaneous<Emphasis>Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)</Emphasis>94. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Emphasis>Criminal Justice Act 2003 (c. 44)</Emphasis>95. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Emphasis>Animal Welfare Act 2006 (c. 45)</Emphasis>96Section 8(6) of the Animal Welfare Act 2006 (penalties for offences relating to provision of information society services) ceases to have effect.<Emphasis>Legal Services Act 2007 (c. 29)</Emphasis>97In Schedule 23 to the Legal Services Act 2007 (repeals), in the second column of the entry for the Constitutional Reform Act 2005 (c. 4), omit “1(2),”.<Emphasis>Criminal Justice and Immigration Act 2008 (c. 4)</Emphasis>98. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Schedule 22Transitional, transitory and saving provisionsSection 177Part 1Coroners etc<Emphasis>Coroner areas</Emphasis>11Where an order is made under section 182(4) bringing into force the repeal of sections 1 to 7 of the 1988 Act (coroners, coroners' districts and deputy coroners), the Lord Chancellor must make an order under paragraph 1 of Schedule 2—aspecifying as a coroner area the area of each coroner's district immediately before the repeal, andbcoming into force at the same time as the repeal.The order made by virtue of this sub-paragraph is referred to in this Schedule as the “transitional order”.2Paragraph 1(2) of Schedule 2 does not apply to the coroner areas specified in the transitional order.3The transitional order must specify, as the name of each coroner area, the name by which the corresponding coroner's district was known (but ending “coroner area” instead of “coroner's district”).4The transitional order must, in relation to each coroner area, contain the provision that may be made under paragraph 2(1)(b) of Schedule 3 (minimum number of assistant coroners).1AAn order under paragraph 2 of Schedule 2 (alteration of coroner areas) may combine two or more coroner areas each of which—ais wholly within the area of the same local authority, andbis specified in either—ithe transitional order, oriian earlier order made by virtue of this paragraph,without the resulting coroner area having to satisfy paragraph 1(2) of that Schedule.<Emphasis>Relevant authorities</Emphasis>21For the purposes of this Part, the “relevant authority” for each coroner area specified in the transitional order is the authority that was the relevant council under the 1988 Act for the corresponding coroner's district.2This paragraph does not apply in relation to a coroner area specified in any subsequent order under Schedule 2.<Emphasis>Senior and assistant coroners</Emphasis>31Sub-paragraphs (2) and (3) apply on the coming into force of the repeal by this Act of sections 1 to 7 of the 1988 Act.2A person who—aimmediately before the repeal was the coroner for a district, andbwould, but for the repeal, continue in office,is to be treated as having been appointed under paragraph 1(1) of Schedule 3 as the senior coroner for the corresponding coroner area.3A person who—aimmediately before the repeal was the deputy coroner or an assistant deputy coroner appointed by the coroner for a district, andbwould, but for the repeal, continue in office,is to be treated as having been appointed under paragraph 2(4) of Schedule 3 as an assistant coroner for the corresponding coroner area.4A person who—abecomes an assistant coroner as the result of sub-paragraph (3), andbwould accordingly (but for this sub-paragraph) be entitled to fees under paragraph 16 of Schedule 3,is instead entitled to a salary under paragraph 15 of that Schedule if immediately before becoming an assistant coroner he or she was a deputy coroner remunerated by a salary.5Paragraphs 15(6) and 17 of Schedule 3 have effect as if a reference to an area coroner included a reference to a person within sub-paragraph (4).6Paragraphs 3 and 4 of Schedule 3 do not apply in relation to a deemed appointment under sub-paragraph (2) or (3) above.7Paragraph 10 of that Schedule does not apply to a person who becomes a senior coroner, area coroner or assistant coroner as the result of sub-paragraph (2) or (3) above.8Sub-paragraphs (9) to (11) apply where an order under paragraph 2 of Schedule 2 has the effect of creating a coroner area (“the new area”) that consists of or includes some or all of the area of one or more existing coroner areas (“the old areas”).9A person who does not meet the criteria in paragraph 3 of Schedule 3, or who falls within paragraph 4 of that Schedule, may nevertheless become the senior coroner or an area coroner for the new area at its inception if he or she is someone who—awas treated by virtue of sub-paragraph (2) above as having been appointed as the senior coroner for one of the old areas, andbheld office as such immediately before the inception of the new area.10A person who does not meet the criteria in paragraph 3 of Schedule 3, or who falls within paragraph 4 of that Schedule, may nevertheless become an assistant coroner for the new area at its inception if he or she is someone who—awas treated by virtue of sub-paragraph (2) or (3) above as having been appointed as the senior coroner or an assistant coroner for one of the old areas, andbheld office as such immediately before the inception of the new area.11Paragraph 10 of that Schedule does not apply to—aa person within paragraphs (a) and (b) of sub-paragraph (9) above who becomes the senior coroner for the new area at its inception;ba person within paragraphs (a) and (b) of sub-paragraph (10) above who becomes an assistant coroner for the new area at its inception.<Emphasis>Coroner for Treasure</Emphasis>4In the case of the first appointment to the office of Coroner for Treasure, paragraph 2(b) of Schedule 4 does not apply to a person holding office as a coroner, deputy coroner or assistant deputy coroner under the 1988 Act on the coming into force of that Schedule.<Emphasis>Investigation by former coroner</Emphasis>5A person who—awas appointed as a coroner under section 1 of the 1988 Act, andbceased to hold office as such before the coming into force of the repeal by this Act of that section,is to be treated for the purposes of paragraph 3(3) of Schedule 10 as having held office as a senior coroner.<Emphasis>Interpretation</Emphasis>6In this Part—“the 1988 Act” means the Coroners Act 1988 (c. 13);“coroner's district” or “district” means a coroner's district for the purposes of the 1988 Act;“corresponding coroner area”, in relation to a district, means the coroner area that (by virtue of the transitional order) has the same area as that district;“corresponding coroner's district”, in relation to a coroner area, means the coroner's district whose area becomes (by virtue of the transitional order) the area of that coroner area;“transitional order” means the order made by virtue of paragraph 1(1).Part 2Criminal offences<Emphasis>Commencement of Chapter 1 of Part 2</Emphasis>71No provision of Chapter 1 of Part 2 affects the operation of—aany rule of the common law, orbany provision of an Act or of subordinate legislation,in relation to offences committed wholly or partly before the commencement of the provision in question.2For the purposes of this paragraph an offence is partly committed before a particular time if—aa relevant event occurs before that time, andbanother relevant event occurs at or after that time.3“Relevant event” in relation to an offence means any act, omission or other event (including any consequence of an act) proof of which is required for conviction of the offence.<Emphasis>Suicide</Emphasis>8The reference to “aiding, abetting, counselling or procuring suicide” in the following enactments is to be read as including a reference to “an offence under section 2(1) of the Suicide Act 1961 (encouraging or assisting suicide) in connection with the death of a person”—asection 70(4) of the Army Act 1955 (3 & 4 Eliz. 2 c. 18);bsection 70(4) of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19);csection 48(2) of the Naval Discipline Act 1957 (c. 53).9Until such time as the following provisions of the Coroners Act 1988 (c. 13) are repealed by this Act, they have effect with the following amendments—ain section 16(1)(a)(iii) for “consisting of aiding, abetting, counselling or procuring the suicide of the deceased” substitute “ (encouraging or assisting suicide) in connection with the death of the deceased ”,bin section 17(1)(c) for “consisting of aiding, abetting, counselling or procuring the suicide of another” substitute “ (encouraging or assisting suicide) in connection with a death ”, andcin section 17(2)(c) for “consisting of aiding, abetting, counselling or procuring the suicide of another” substitute “ (encouraging or assisting suicide) in connection with a death ”.101In this paragraph—“old offence” means an offence under section 2(1) of the Suicide Act 1961 as that section had effect before the section 59 commencement date, or an attempt to commit such an offence;“new offence” means an offence under section 2(1) of that Act as that Act is amended by section 59 of this Act.2Sub-paragraph (3) applies where—aa person (“the defendant”) is charged in respect of the same conduct with both an old offence and a new offence,bthe only thing preventing the defendant from being found guilty of the new offence is the fact that it has not been proved beyond reasonable doubt that the offence was committed wholly after the section 59 commencement date, andcthe only thing preventing the defendant from being found guilty of the old offence is the fact that it has not been proved beyond reasonable doubt that the offence was committed wholly or partly before the section 59 commencement date.3For the purpose of determining the guilt of the defendant it is to be conclusively presumed that the offence was committed wholly or partly before the section 59 commencement date.4For this purpose “the section 59 commencement date” means the day appointed under section 182 for the coming into force of section 59.111In this paragraph—“old offence” means an offence under section 13(1) of the Criminal Justice Act (Northern Ireland) 1966 (c. 20) as that section had effect before the section 60 commencement date, or an attempt to commit such an offence;“new offence” means an offence under section 13(1) of that Act as that Act is amended by section 60 of this Act.2Sub-paragraph (3) applies where—aa person (“the defendant”) is charged in respect of the same conduct with both an old offence and a new offence,bthe only thing preventing the defendant from being found guilty of the new offence is the fact that it has not been proved beyond reasonable doubt that the offence was committed wholly after the section 60 commencement date, andcthe only thing preventing the defendant from being found guilty of the old offence is the fact that it has not been proved beyond reasonable doubt that the offence was committed wholly or partly before the section 60 commencement date.3For the purpose of determining the guilt of the defendant it is to be conclusively presumed that the offence was committed wholly or partly before the section 60 commencement date.4For this purpose “the section 60 commencement date” means the day appointed under section 182 for the coming into force of section 60.<Emphasis>Prohibited images of children</Emphasis>121In section 66(3)(a) in its application in relation to England and Wales the reference to the general limit in a magistrates’ court is to be read as a reference to 6 months in relation to an offence committed before 2 May 2022.2The Schedules mentioned in subsections (1)(b) and (2)(b) of section 67, as applied by virtue of that section, have effect in relation to property regardless of when it was lawfully seized.<Emphasis>Slavery, servitude and forced or compulsory labour</Emphasis>13In the definition of “the relevant period” in section 71(4), as it extends to England and Wales, the reference to 12 months is to be read as a reference to 6 months in relation to an offence committed before 2 May 2022.Part 3Criminal evidence, investigations and procedure<Emphasis>Anonymity in investigations</Emphasis>14In section 76(12)(a) the reference to the general limit in a magistrates’ court is to be read as a reference to 6 months in relation to an offence committed before 2 May 2022.151Notwithstanding subsection (4)(a) of section 84, references in that section to a service offence are to be treated as including a reference to—aan offence under Part 2 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18), Part 2 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or Part 1 of the Naval Discipline Act 1957 (c. 53),ban offence under paragraph 4(6) of Schedule 5A to the Army Act 1955 or the Air Force Act 1955 or of Schedule 4A to the Naval Discipline Act 1957,can offence under section 47K of the Naval Discipline Act 1957,dan offence under section 18 or 20 of the Armed Forces Act 1991 (c. 62) committed before the commencement of section 50 of the Armed Forces Act 2006 (c. 52) (“the 2006 Act”),ean offence under any of sections 95 to 97 of the Reserve Forces Act 1996 (c. 14) committed before the commencement of section 50 of the 2006 Act, andfan offence under paragraph 5(1) of Schedule 1 to the Reserve Forces Act 1996 committed before the commencement of section 50 of the 2006 Act which the Court Martial established by the 2006 Act has jurisdiction to try.2Notwithstanding subsection (4)(b) of section 84, references in that section to a charge are to be treated as including a reference to a charge that is not brought under Part 5 of the Armed Forces Act 2006 but is to be regarded for the purposes of Part 5 as allocated for Court Martial trial, summary hearing or (as the case may be) Service Civilian Court trial.<Emphasis>Anonymity of witnesses</Emphasis>161The repeal of sections 1 to 9 of the Criminal Evidence (Witness Anonymity) Act 2008 (c. 15) (“the 2008 Act”) by section 96 does not affect the continuation in effect of a witness anonymity order made under the 2008 Act before 1 January 2010.2An application under section 3 of the 2008 Act that falls to be heard on or after 1 January 2010 is to be treated as an application under section 87 of this Act and the conditions in section 88 must be satisfied in relation to it.3The following provisions of this paragraph apply in relation to witness anonymity orders made under the 2008 Act before 1 January 2010.4Sections 91 to 93 of this Act have effect on or after 1 January 2010 for the purpose of discharging or varying a witness anonymity order made under the 2008 Act.5Accordingly, an application under section 6 of the 2008 Act that falls to be heard on or after 1 January 2010 is to be treated as an application under section 91 of this Act or (as the case may be) section 92.6Where section 91 or 92 of this Act has effect for the purposes of discharging or varying a witness anonymity order made under the 2008 Act, the definition in that section of “the relevant time” is to be treated as including, in a case where a previous application has been made under section 6 of the 2008 Act, the time when the application under section 6 (or the last application under section 6) was made.7Where section 91, 92 or 93 of this Act has effect in relation to a witness anonymity order made under the 2008 Act, the reference in that section to sections 88 and 89 of this Act has effect as a reference to sections 4 and 5 of the 2008 Act.8Sections 90 and 94(3) of this Act have effect on or after 1 January 2010 in relation to a witness to whom a witness anonymity order under the 2008 Act applies as they have effect in relation to a witness to whom a witness anonymity order under Chapter 2 of Part 3 of this Act applies.171Where an appeal court's consideration of a relevant appeal commences before 1 January 2010, the repeal by section 96 of this Act of sections 1 to 9 of the 2008 Act is to be disregarded.2Where an appeal court's consideration of a relevant appeal commences on or after 1 January 2010, the reference in section 11(2)(b)(i) to the 2008 Act is to be treated as a reference to Chapter 2 of Part 3 of this Act.3In this paragraph—“appeal court” has the meaning given by section 11 of the 2008 Act;“relevant appeal” means an appeal against conviction in relation to which that section applies.181Section 92 of this Act has effect with the modifications made by this paragraph for the purposes of discharging or varying—aa witness anonymity order made under the Criminal Evidence (Witness Anonymity) Act 2008 (c. 15) by a court-martial constituted under the Army Act 1955 (3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or the Naval Discipline Act 1957 (c. 53), orba witness anonymity order made under Chapter 2 of Part 3 of this Act by a court-martial constituted under any of those Acts.2The references in section 92(2) to (5) to the court that made the order are to be treated—auntil the coming into force of section 154(1) of the Armed Forces Act 2006 (c. 52), as references to a court-martial constituted under the Army Act 1955, the Air Force Act 1955 or, as the case may be, the Naval Discipline Act 1957, andbafter the coming into force of section 154(1) of the Armed Forces Act 2006, as references to the Court Martial established by that Act.191Section 92 has effect with the modifications made by this paragraph for the purposes of discharging or varying a witness anonymity order made under the Criminal Evidence (Witness Anonymity) Act 2008 by—aa Summary Appeal Court established by the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957, orba Standing Civilian Court established under the Armed Forces Act 1976 (c. 52).2The references in section 92(2) to (5) to the court that made the order are to be treated—awhere the order was made by a Summary Appeal Court, as references to the Summary Appeal Court established by the Armed Forces Act 2006 (c. 52), andbwhere the order was made by a Standing Civilian Court, as references to the Service Civilian Court established by the Armed Forces Act 2006.201Notwithstanding section 97, references in Chapter 2 of Part 3 of this Act to a service court are to be treated as including a reference to—aa court-martial constituted under the Army Act 1955 (3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or the Naval Discipline Act 1957 (c. 53);bthe Summary Appeal Court established by any of those Acts;ca Standing Civilian Court established under the Armed Forces Act 1976;dthe Courts-Martial Appeal Court.2Notwithstanding subsection (6) of section 93 of this Act, the references in section 93 to an appeal court are to be treated as including a reference to the Courts-Martial Appeal Court.3Each of the provisions mentioned in sub-paragraph (4) has effect with the modification set out in that sub-paragraph in a case where—aa witness anonymity order is made under Chapter 2 of Part 3 of this Act by a relevant service court to which that provision applies, andba person does anything in relation to the order which would, if the court had been a court of law having power to commit for contempt, have been contempt of that court.4In such a case—asection 101(1) of the Army Act 1955 has effect with the omission of the words “not subject to military law”,bsection 101(1) of the Air Force Act 1955 has effect with the omission of the words “not subject to air-force law”, andcsection 65(1) of the Naval Discipline Act 1957 has effect with the omission of the words “not subject to this Act”.5In sub-paragraph (3) “relevant service court” means—aa court-martial constituted under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957;bthe Summary Appeal Court established by any of those Acts.21Notwithstanding section 97, references in Chapter 2 of Part 3 of this Act to a service offence are to be treated as including a reference to—aan offence under Part 2 of the Army Act 1955, Part 2 of the Air Force Act 1955 or Part 1 of the Naval Discipline Act 1957,ban offence under paragraph 4(6) of Schedule 5A to the Army Act 1955 or the Air Force Act 1955 or of Schedule 4A to the Naval Discipline Act 1957,can offence under section 47K of the Naval Discipline Act 1957,dan offence under section 18 or 20 of the Armed Forces Act 1991 (c. 62) committed before the commencement of section 50 of the Armed Forces Act 2006 (c. 52) (“the 2006 Act”),ean offence under any of sections 95 to 97 of the Reserve Forces Act 1996 (c. 14) committed before the commencement of section 50 of the 2006 Act, andfan offence under paragraph 5(1) of Schedule 1 to the Reserve Forces Act 1996 committed before the commencement of section 50 of the 2006 Act which the Court Martial established by the 2006 Act has jurisdiction to try.22If paragraph 70 of Schedule 21 to this Act comes into force before the commencement of paragraph 53 of Schedule 8 to the Armed Forces Act 2006, the reference in paragraph 70 to the Court Martial Appeals Act 1968 (c. 20) is to be read as a reference to the Courts-Martial (Appeals) Act 1968 (c. 20).<Emphasis>Vulnerable and intimidated witnesses</Emphasis>231The amendments made by sections 98 to 103 apply to proceedings instituted before the commencement of the amendment in question.2But the amendments made by sections 98 to 103 do not affect the continued operation of a special measures direction given before the commencement of the amendment in question.3Sub-paragraph (2) does not prevent an amendment made by sections 98 to 103 from applying after its commencement to—athe variation under section 20 of the Youth Justice and Criminal Evidence Act 1999 (c. 23) of a special measures direction that was given in relation to a witness before the commencement of the amendment, andbthe giving of a new special measures direction in relation to a witness (including the giving of a new direction in a case where a special measures direction given in relation to the witness in question has been discharged under section 20 of the Youth Justice and Criminal Evidence Act 1999 after the commencement of the amendment).4In this paragraph, “special measures direction” means a direction under section 19 of the Youth Justice and Criminal Evidence Act 1999.24The references in paragraphs 30 and 31 of Schedule 1A to the Youth Justice and Criminal Evidence Act 1999 (inserted by Schedule 14 to this Act) to an offence under Part 2 of the Serious Crime Act 2007 (c. 27) include a reference to the common law offence of incitement.<Emphasis>Evidence of previous complaint</Emphasis>25Section 112 does not have effect in relation to trials or hearings begun before the commencement of that section.<Emphasis>Indictment of offenders</Emphasis>261For the purposes of any proceedings before a court (including proceedings on an appeal to the court) after the passing of this Act, the amendments in subsections (1) and (2) of section 116 are to be deemed always to have had effect.2For the purposes of sub-paragraph (1), it is immaterial whether the proceedings were begun before or after the passing of this Act.Part 4Sentencing<Emphasis>Sentencing Council for England and Wales</Emphasis>271Nothing in section 125 or 126 has effect in relation to the sentencing of persons for offences committed before the commencement of the section in question.2Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of sub-paragraph (1) to have been committed on the last of those days.281Without prejudice to the generality of section 177, an order under subsection (3) of that section made by the Lord Chancellor may provide—afor the Sentencing Council for England and Wales to exercise any function conferred on the Sentencing Guidelines Council by any provision of Chapter 1 of Part 12 of the Criminal Justice Act 2003 (c. 44) pending the repeal of the provision in question by this Act;bfor existing guidelines which have effect immediately before the coming into force of section 125(1) to be treated as guidelines issued by the Sentencing Council for England and Wales under this Act;cthat, in relation to the sentencing of persons for offences committed before the coming into force of section 125(1), any provision of Chapter 1 of Part 12 of the Criminal Justice Act 2003 repealed by this Act continues to have effect with such modifications as are specified in the order.2“Existing guidelines” means—asentencing or allocation guidelines issued as definitive guidelines under section 170 of the Criminal Justice Act 2003;bguidelines with respect to sentencing which were included in any judgment of the Court of Appeal given before 27 February 2004 and have not been superseded by sentencing guidelines so issued.<Emphasis>Driving disqualification</Emphasis>291No provision of Schedule 16 applies in relation to, or has effect by reference to, offences committed wholly or partly before the commencement of the provision in question.2An offence is partly committed before the commencement of a provision if—aa relevant event occurs before commencement, andbanother relevant event occurs on or after commencement.3“Relevant event” in relation to an offence means any act or other event (including any consequence of an act) proof of which is required for conviction of the offence.301During the transitory period, the Road Traffic Offenders Act 1988 (c. 53) has effect with the amendments made by paragraphs 31 to 33.2The transitory period is—ain the case of paragraph 31 or 32, the period beginning with the coming into force of the paragraph and ending with the coming into force of section 35 of the Road Safety Act 2006 (c. 49) (which substitutes sections 34A to 34C of the Road Traffic Offenders Act 1988 (c. 53));bin the case of paragraph 33, the period beginning with the coming into force of the paragraph and ending with the coming into force of paragraph 44(2) of Schedule 3 to the Road Safety Act 2006.31In section 34A (reduced disqualification period for attendance on courses)—ain subsection (1)(b), after “months” insert “ (disregarding any extension period added pursuant to section 35A or 35C) ”,bin subsection (2), after “section 34” insert “ (disregarding any extension period added pursuant to section 35A or 35C) (“the unreduced period”) ”,cin subsection (3), after “section 34”, in both places it occurs, insert “ (disregarding any extension period added pursuant to section 35A or 35C) ”,dafter that subsection insert—3AThe reduced period” is the period of disqualification imposed under section 34 of this Act (disregarding any extension period added pursuant to section 35A or 35C) as reduced by an order under this section., andein subsection (5), at the end insert “ but including any extension period added pursuant to section 35A or 35C. ”32In section 34B (certificates of completion of courses)—ain subsection (1), for “period of disqualification imposed under section 34” substitute “ total unreduced period of disqualification ”,bin subsection (2)—ifor “period of disqualification imposed under section 34” substitute “ total unreduced period of disqualification ”,iifor “end of the period as it would have been reduced by the order” substitute “ total reduced period of disqualification ”, andiiifor “reduced period” substitute “ total reduced period of disqualification ”, andcafter that subsection insert—2AFor the purposes of this section—“the total reduced period of disqualification” means the period of disqualification imposed under section 34 (including any extension period added to that period pursuant to section 35A or 35C), as reduced by an order under section 34A;“the total unreduced period of disqualification” means the period of disqualification imposed under section 34 (including any such extension period), disregarding any reduction by such an order.33In section 47(2) (supplementary provisions as to disqualification and endorsement) after “or more” insert “ (disregarding any extension period) ”.34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Emphasis>Dangerous offenders</Emphasis>371The amendments made by section 138 have effect in relation only to offences committed on or after the day that section comes into force.2Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of sub-paragraph (1) to have been committed on the last of those days.381The amendments made by section 139 have effect in relation only to offences committed on or after the day that section comes into force.2Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of sub-paragraph (1) to have been committed on the last of those days.<Emphasis>Confiscation orders</Emphasis>39The amendments made by sections 140 and 141 (appeals against certain confiscation orders) apply to appeals which are pending when this Act is passed (as well as appeals made after that time).Part 5Miscellaneous<Emphasis>Treatment of convictions in other member States etc</Emphasis>40No provision of paragraph 1, 2 or 13 to 18 of Schedule 17 has effect in relation to trials or hearings begun before the commencement of that provision.411No provision of paragraph 6, 8, 10 or 12 of that Schedule has effect in relation to any sentence passed in relation to a conviction for an offence committed before the coming into force of that provision.2Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of sub-paragraph (1) to have been committed on the last of those days.421No provision of paragraph 7, 9 or 11 of that Schedule has effect in relation to any sentence passed in relation to a conviction for a service offence committed before the coming into force of that provision.2Where a service offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of sub-paragraph (1) to have been committed on the last of those days.3For the purposes of this paragraph—a“service offence” has the meaning given in section 50(2) of the Armed Forces Act 2006 (c. 52), andbsubsections (1) to (3) of section 376 of that Act apply as they apply in relation to that Act.<Emphasis>Transfer of functions to Parole Board</Emphasis>43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .<Emphasis>Knives in court buildings etc</Emphasis>441No provision of section 146 has effect in relation to property which was surrendered or seized before the coming into force of that provision.2No provision of section 147 has effect in relation to property which was surrendered or seized before the coming into force of that provision.<Emphasis>Criminal memoirs etc</Emphasis>45Until both sections 22(1) and 27(1) of the Justice (Northern Ireland) Act 2002 (c. 26) come into force the reference in section 161(3)(b) to the Advocate General for Northern Ireland is to be read as a reference to the Attorney General for Northern Ireland.<Emphasis>Assessment notices</Emphasis>46Until paragraph 8 of Schedule 4 to the Courts Act 2003 (c. 39) comes into force paragraph 1(1A) of Schedule 9 to the Data Protection Act 1998 (c. 29) (as inserted by paragraph 14(2) of Schedule 20 to this Act) has effect as if the words “or a District Judge (Magistrates' Courts)” were omitted.<Emphasis>Assessment of dangerousness and service offences</Emphasis>47Nothing in paragraph 95 of Schedule 21 has effect in relation to any person sentenced under section 225, 226, 227 or 228 of the Criminal Justice Act 2003 (c. 44) before the passing of this Act.Schedule 23RepealsSection 178Part 1Coroners etc

Short title and chapter	Extent of repeal
Births and Deaths Registration Act 1953 (c. 20)	In section 20, from “, at any time” to “of any person,”.
	Section 21.
	Section 23A(6).
	In section 29(4), paragraph (b) and the “or” preceding it.
	Section 34(4).
Coroners Act (Northern Ireland) 1959 (c. 15)	Section 19.
Coroners Act (Northern Ireland) 1959 (c. 15)	Section 20.
Juries Act 1974 (c. 23)	Section 22(1).
Magistrates' Courts Act 1980 (c. 43)	In Schedule 6A, the entry relating to the Coroners Act 1988.
Coroners Act 1988 (c. 13)	The whole Act.
Caldey Island Act 1990 (c. 44)	Section 3.
Caldey Island Act 1990 (c. 44)	In section 4(1), paragraph (c).
Local Government (Wales) Act 1994 (c. 19)	In Schedule 17, paragraph 23.
Treasure Act 1996 (c. 24)	Section 13.
Access to Justice Act 1999 (c. 22)	Section 71.
Access to Justice Act 1999 (c. 22)	Section 104(1).
	In Schedule 2, in paragraph 2, the “and” following paragraph (3).
Regional Assemblies (Prepara-tions) Act 2003 (c. 10)	In the Schedule, paragraph 2.
Courts Act 2003 (c. 39)	In Schedule 8, paragraph 302.
Criminal Justice Act 2003 (c. 44)	In Schedule 3, paragraph 59.
Domestic Violence, Crime and Victims Act 2004 (c. 28)	In Schedule 10, paragraphs 26 and 27.
Human Tissue Act 2004 (c. 30)	In Schedule 6, paragraph 3.
Constitutional Reform Act 2005 (c. 4)	In Schedule 1, paragraphs 19 to 21.
	In Schedule 4, paragraphs 193 to 195.
	In Schedule 7, in paragraph 4, the entry in Part A relating to the Coroners Act 1988.
Road Safety Act 2006 (c. 49)	Section 20(5).
Road Safety Act 2006 (c. 49)	Section 21(4).
Armed Forces Act 2006 (c. 52)	In Schedule 16, paragraphs 110 and 111.
Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)	In Schedule 2, paragraph 1.
Local Government and Public Involvement in Health Act 2007 (c. 28)	In Schedule 1, paragraph 15.

Part 2Criminal offences

Short title and chapter	Extent of repeal
NotesThe repeal of the Libel Act 1792 (c. 60), the repeal in section 1 of the Criminal Libel Act 1819 (60 Geo. 3 & 1 Geo. 4 c. 8), the repeal of section 17(2) of the Defamation Act 1952 (c. 66), the repeal of section 20(2) of the Defamation Act 1996 and the repeals in section 10 of the Legal Deposit Libraries Act 2003 do not extend to Scotland.The repeal of section 4 of the Law of Libel Amendment Act 1888 (c. 64) and the repeal of section 20(2) of the Defamation Act 1996 do not extend to Northern Ireland.
Libel Act 1792 (c. 60)	The whole Act.
Criminal Libel Act 1819 (60 Geo. 3 & 1 Geo. 4 c. 8)	In section 1, from “, or any seditious libel” to “means”.
Libel Act 1843 (c. 96)	Sections 4 to 6.
Newspaper Libel and Registration Act 1881 (c. 60)	In section 4, from “as to the publication” to “malice, and”.
Law of Libel Amendment Act 1888 (c. 64)	Sections 3 and 4.
Defamation Act 1952 (c. 66)	Section 17(2).
Homicide Act 1957 (c. 11)	Section 3.
Suicide Act 1961 (c. 60)	In Schedule 1—in Part 1, the entry relating to the Children and Young Persons Act 1933, andin Part 2, the entry relating to section 7 of the Visiting Forces Act 1952.
Criminal Justice Act (Northern Ireland) 1966 (c. 20)	Section 7.
Theatres Act 1968 (c. 54)	In section 4(1), from “(including” to “matter)”.
	In section 7(2), from “or an offence” to “course of a performance of a play”.
	In section 8, from “or an offence” to “play”.
Broadcasting Act 1990 (c. 42)	In section 166, from “(including” to “matter)”.
Criminal Procedure and Investigations Act 1996 (c. 25)	Section 61(4) and (5).
Defamation Act 1996 (c. 31)	Section 20(2).
Legal Deposit Libraries Act 2003 (c. 28)	In section 10—in subsection (1), “, or subject to any criminal liability,”,in subsection (2)(a), “in the case of liability in damages”,in subsection (3), “, or subject to any criminal liability,”,in subsection (4)(a), “in the case of liability in damages”,in subsection 6(a), “, or subject to any criminal liability,”, andin subsection (8), “and criminal liability”.
Criminal Justice Act 2003 (c. 44)	In Schedule 21, in paragraph 11(d), “in a way not amounting to a defence of provocation”.

Part 3Criminal evidence and procedure

Short title and chapter	Extent of repeal
Administration of Justice (Miscellaneous Provisions) Act 1933 (c. 36)	In section 2—in subsection (2), from “, and where” to “the bill,”,in subsection (2), from “Provided” to the end, andin subsection (3), “has been signed by the proper officer of the court”.
	In Schedule 2, in paragraph 1, “and signing”.
Supreme Court Act 1981 (c. 54)	In section 82(1), “the signing of indictments,”.
Police and Criminal Evidence Act 1984 (c. 60)	Section 46ZA(3)(a) and (c).
Police and Criminal Evidence Act 1984 (c. 60)	In section 46A(1ZA)(b), from “, without informing” to the end.
Crime and Disorder Act 1998 (c. 37)	Section 1I(3)(c).
	In section 57C—subsection (7),in subsection (8), “before or”, andin subsection (9), paragraph (a) and the “and” following it.
	In section 57D—subsection (2)(b), andin subsection (3), paragraph (a) and the “and” following it.
	In section 57E—in subsection (5), paragraph (a) and the “and” following it, andin subsection (7), paragraph (a) and the “and” following it.
Youth Justice and Criminal Evidence Act 1999 (c. 23)	In section 21—subsection (1)(b),in subsection (4), the “and” following paragraph (b), andsubsections (5) to (7).
	Section 22(1)(b).
	In section 27—in subsection (7)(a), from “if there” to “relevant time,”,subsection (8), andin subsection (9), from “and, if” to the end.
Criminal Justice Act 2003 (c. 44)	Section 120(7)(d).
Criminal Justice Act 2003 (c. 44)	Section 138(1).
Criminal Evidence (Witness Anonymity) Act 2008 (c. 15)	Sections 1 to 9.
	Section 10(1) to (7).
	Section 14.

Part 4Sentencing

Short title and chapter	Extent of repeal
Parliamentary Commissioner Act 1967 (c. 13)	In Schedule 2, the entries for the Sentencing Advisory Panel and the Sentencing Guidelines Council.
Race Relations Act 1976 (c. 74)	In Part 2 of Schedule 1A, the entry for the Sentencing Advisory Panel.
Criminal Procedure (Scotland) Act 1995 (c. 46)	Section 248C(3).
Freedom of Information Act 2000 (c. 36)	In Part 6 of Schedule 1, the entries for the Sentencing Advisory Panel and the Sentencing Guidelines Council.
Criminal Justice Act 2003	Sections 167 to 173.
	In section 176, the definitions of—“allocation guidelines”,“the Council”,“the Panel”, and“sentencing guidelines”.
	In Schedule 38, paragraphs 2 and 3 and the italic heading before paragraph 2.
Constitutional Reform Act 2005 (c. 4)	In Schedule 4, paragraphs 357 and 358.
Criminal Justice and Immigration Act 2008 (c. 4)	In Schedule 4, paragraph 60(2) and (4).
Criminal Justice and Immigration Act 2008 (c. 4)	In Part 1 of Schedule 28, the entries relating to section 160(2) and (5) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).

Part 5Miscellaneous criminal justice provisions

Short title and chapter	Extent of repeal
Superannuation Act 1972 (c. 11)	In Schedule 1—in the list headed “Other Bodies”, the entry for employment as a member of the staff of the Commissioner for Victims and Witnesses, andin the list headed “Offices”, the entries for the Commissioner for Victims and Witnesses and the Deputy Commissioner for Victims and Witnesses.
House of Commons Disqualification Act 1975 (c. 24)	In Part 3 of Schedule 1, the entries for the Commissioner for Victims and Witnesses and the Deputy Commissioner for Victims and Witnesses.
Northern Ireland Assembly Disqualification Act 1975 (c. 25)	In Part 3 of Schedule 1, the entries for the Commissioner for Victims and Witnesses and the Deputy Commissioner for Victims and Witnesses.
Magistrates' Courts Act 1980 (c. 43)	In section 19(5), the “or” following paragraph (a).
Criminal Justice Act 1991 (c. 53)	Section 37(5) and (6).
Criminal Justice Act 1991 (c. 53)	Section 50.
Criminal Justice and Public Order Act 1994 (c. 33)	In section 25(5), the “and” following the definition of “conviction”.
Crime and Disorder Act 1998 (c. 37)	In Schedule 3, in paragraph 9(5), the “or” following paragraph (a).
Powers of Criminal Courts (Sentencing) Act 2000	In section 113(3), the “and” following the definition of “class A drug trafficking offence”.
Criminal Justice Act 2003 (c. 44)	In section 143(4), the “or” following paragraph (a).
Domestic Violence, Crime and Victims Act 2004 (c. 28)	Section 48(3) to (5).
	Section 49(2)(d) and (3)(b).
	Section 50(2).
	Schedule 8.
	In Schedule 9, paragraph 9.
Animal Welfare Act 2006 (c. 45)	Section 8(6).
Armed Forces Act 2006 (c. 52)	In section 238(3), the “or” following paragraph (a).
Armed Forces Act 2006 (c. 52)	. . .
Criminal Justice and Immigration Act 2008 (c.4)	Section 27.

Part 6Legal aid

Short title and chapter	Extent of repeal
Access to Justice Act 1999 (c. 22)	Section 2(2).
	In section 17(3)(g), from “(including” to the end.
	In section 17A(2)(e), from “including” to the end.
	In Schedule 2, paragraph 1(h).
	In Schedule 3, paragraph 8(5).

Part 7Criminal memoirs etc

Short title and chapter	Extent of repeal
Serious Organised Crime and Police Act 2005 (c. 15)	In section 3(1), the “or” following paragraph (a).

Part 8Data Protection Act 1998

Short title and chapter	Extent of repeal
Data Protection Act 1998 (c. 29)	In section 16(1), the “and” following paragraph (ff).
Data Protection Act 1998 (c. 29)	In section 20(2) “that at any time”.
	In Schedule 9, the “or” following paragraph 12(a).

Part 9Miscellaneous

Short title and chapter	Extent of repeal
Legal Services Act 2007 (c. 29)	In Schedule 23, in the entry for the Constitutional Reform Act 2005 (c. 4), in the second column “1(2),”.
Criminal Justice and Immigration Act 2008 (c. 4)	In Schedule 1, in paragraph 30(1), “the day after”.

S. 177 partly in force; s. 177(1) in force at Royal Assent for specified purposes, at 1.1.2010 for further specified purposes and at 12.1.2010 for further specified purposes, see s. 182(1)(h)(2)(c)(3)(b); s. 177(2) in force at Royal Assent for specified purposes, at 1.1.2010 for further specified purposes and at 12.1.2010 for further specified purposes, see s. 182(1)(i)(2)(d)(3)(c); s. 177(3) - (10) in force at Royal Assent, see s. 182(1)(f)S. 178 partly in force; s. 178 in force at Royal Assent for specified purposes, at 1.1.2010 for further specified purposes and at 12.1.2010 for further specified purposes, see s. 182(1)(j)(2)(e)(3)(d)Sch. 21 para. 62 partly in force; Sch. 21 para. 62(3) in force at Royal Assent see s. 182(1)(h)Sch. 23 Pt. 2 partly in force; Sch. 23 Pt. 2 in force at 12.1.2010 for specified purposes, see s. 182(2)(e)Sch. 23 Pt. 3 partly in force; Sch. 23 Pt. 3 in force at Royal Assent for specified purposes and at 1.1.2010 for further specified purposes, see s. 182(1)(j)(3)(d)Sch. 23 Pt. 4 partly in force; Sch. 23 Pt. 4 in force at Royal Assent for specified purposes, see s. 182(1)(j)Sch. 23 Pt. 5 partly in force; Sch. 23 Pt. 5 in force at Royal Assent for specified purposes, see s. 182(1)(j)Sch. 23 Pt. 6 partly in force; Sch. 23 Pt. 6 in force at Royal Assent for specified purposes, see s. 182(1)(j)S. 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)S. 106(2)(5) in force at 14.12.2009 by S.I. 2009/3253, art. 2(a)(i) (with art. 4)S. 106(3) in force at 14.12.2009 for specified purposes by S.I. 2009/3253, art. 3(1)(a) (with art. 4)S. 106(4) in force at 14.12.2009 by S.I. 2009/3253, art. 2(a)(ii)S. 107 in force at 14.12.2009 for specified purposes by S.I. 2009/3253, art. 3(1)(b) (with art. 4)S. 108 in force at 14.12.2009 for specified purposes by S.I. 2009/3253, art. 3(1)(c)S. 109 in force at 14.12.2009 by S.I. 2009/3253, art. 2(b)S. 110 in force at 14.12.2009 by S.I. 2009/3253, art. 2(c)S. 139 in force at 12.1.2010 by S.I. 2010/28, art. 2S. 177(2) in force at 12.1.2010 for specified purposes by S.I. 2010/28, art. 2Sch. 22 para. 38 in force at 12.1.2010 by S.I. 2010/28, art. 2S. 142 in force at 1.2.2010 by S.I. 2010/145, art. 2(1)(a)S. 178 in force at 1.2.2010 for specified purposes by S.I. 2010/145, art. 2(1)(b)Sch. 23 Pt. 5 in force at 1.2.2010 for specified purposes by S.I. 2010/145, art. 2(1)(c)S. 35 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 1S. 59 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 2S. 60 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 3S. 61 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 4S. 72 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 5S. 112 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 6S. 114 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 7S. 115 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 8S. 118(2) in force at 1.2.2010 for specified purposes by S.I. 2010/145, art. 2(2), Sch. para. 9S. 140 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 10S. 141 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 11S. 173 in force at 1.2.2010 for specified purposes by S.I. 2010/145, art. 2(2), Sch. para. 15S. 174 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 16S. 175 in force at 1.2.2010 for specified purposes by S.I. 2010/145, art. 2(2), Sch. para. 17S. 177(1) in force at 1.2.2010 for specified purposes by S.I. 2010/145, art. 2(2), Sch. para. 18(a)S. 177(2) in force at 1.2.2010 for specified purposes by S.I. 2010/145, art. 2(2), Sch. para. 18(b)S. 178 in force at 1.2.2010 for specified purposes by S.I. 2010/145, art. 2(1)(b)(2), Sch. para. 19S. 180 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 20Sch. 8 para. 1 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 21Sch. 8 para. 2 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 21Sch. 8 para. 3 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 21Sch. 8 para. 4 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 21Sch. 8 para. 5 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 21Sch. 8 para. 6 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 21Sch. 8 para. 7 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 21Sch. 8 para. 8 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 21Sch. 8 para. 9 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 21Sch. 12 para. 4 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 22Sch. 12 para. 5 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 22Sch. 12 para. 6 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 22Sch. 12 para. 7 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 22Sch. 15 para. 1 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 23(a)Sch. 15 para. 2 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 23(a)Sch. 15 para. 3 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 23(a)Sch. 15 para. 4 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 23(a)Sch. 15 para. 6 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 23(a)Sch. 15 para. 9 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 23(a)Sch. 15 para. 5 in force at 1.2.2010 for specified purposes by S.I. 2010/145, art. 2(2), Sch. para. 23(b)Sch. 15 para. 7 in force at 1.2.2010 for specified purposes by S.I. 2010/145, art. 2(2), Sch. para. 23(b)Sch. 15 para. 10 in force at 1.2.2010 for specified purposes by S.I. 2010/145, art. 2(2), Sch. para. 23(b)Sch. 21 para. 53 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 25(a)Sch. 21 para. 54 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 25(a)Sch. 21 para. 55 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 25(a)Sch. 21 para. 56 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 25(a)Sch. 21 para. 57 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 25(a)Sch. 21 para. 58 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 25(a)Sch. 21 para. 59 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 25(a)Sch. 21 para. 60 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 25(a)Sch. 21 para. 61 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 25(a)Sch. 21 para. 74 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 25(b)Sch. 21 para. 75 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 25(b)Sch. 21 para. 76 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 25(b)Sch. 21 para. 77 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 25(b)Sch. 21 para. 78 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 25(b)Sch. 22 para. 7 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 26(a)Sch. 22 para. 8 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 26(b)Sch. 22 para. 9 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 26(b)Sch. 22 para. 10 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 26(b)Sch. 22 para. 11 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 26(b)Sch. 22 para. 25 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 26(c)Sch. 22 para. 28 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 26(d)Sch. 22 para. 39 in force at 1.2.2010 by S.I. 2010/145, art. 2(2), Sch. para. 26(e)Sch. 23 Pt. 2 in force at 1.2.2010 for specified purposes by S.I. 2010/145, art. 2(2), Sch. para. 27(a) (as amended (29.1.2010) by S.I. 2010/186, art. 2)Sch. 23 Pt. 6 in force at 1.2.2010 in so far as not already in force by S.I. 2010/145, art. 2(2), Sch. para. 27(b) (with art. 3)S. 62 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 1S. 63 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 1S. 64 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 1S. 65 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 1S. 66 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 1S. 67 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 1S. 68 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 1S. 69 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 2S. 70 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 3S. 84 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 5S. 113 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 6S. 118(1) in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 7S. 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. 7S. 119 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 8S. 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)S. 121 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 8S. 122 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 8S. 123 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 8S. 124 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 8S. 127 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 8S. 128 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 8S. 129 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 8S. 130 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 8S. 131 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 8S. 132 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 8S. 133 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 8S. 134 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 8S. 135 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 8S. 136 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 8S. 146 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 9S. 147 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 10S. 155 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 11S. 156 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 11S. 157 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 11S. 158(1)(2) in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 11S. 158(3) in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 11S. 159 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 11S. 160 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 11S. 161 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 11S. 162 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 11S. 163 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 11S. 164 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 11S. 165 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 11S. 166 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 11S. 167 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 11S. 168 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 11S. 169 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 11S. 171 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 11S. 172 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 11S. 173 in force at 6.4.2010 in so far as not already in force by S.I. 2010/816, art. 2, Sch. para. 12S. 175 in force at 6.4.2010 for specified purposes by S.I. 2010/816, art. 2, Sch. para. 13S. 177(1) in force at 6.4.2010 for specified purposes by S.I. 2010/816, art. 2, Sch. para. 14(a)S. 177(2) in force at 6.4.2010 for specified purposes by S.I. 2010/816, art. 2, Sch. para. 14(b)S. 178 in force at 6.4.2010 for specified purposes by S.I. 2010/816, art. 2, Sch. para. 15Sch. 13 para. 3 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 16Sch. 13 para. 4 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 16Sch. 13 para. 5 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 16Sch. 13 para. 6 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 16Sch. 15 para. 5 in force at 6.4.2010 in so far as not already in force by S.I. 2010/816, art. 2, Sch. para. 17Sch. 15 para. 7 in force at 6.4.2010 in so far as not already in force by S.I. 2010/816, art. 2, Sch. para. 17Sch. 15 para. 8 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 17Sch. 15 para. 10 in force at 6.4.2010 in so far as not already in force by S.I. 2010/816, art. 2, Sch. para. 17Sch. 19 para. 1 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 18Sch. 19 para. 2 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 18Sch. 19 para. 3 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 18Sch. 19 para. 4 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 18Sch. 19 para. 5 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 18Sch. 19 para. 6 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 18Sch. 19 para. 7 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 18Sch. 19 para. 8 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 18Sch. 19 para. 9 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 18Sch. 19 para. 10 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 18Sch. 19 para. 11 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 18Sch. 19 para. 12 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 18Sch. 19 para. 13 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 18Sch. 19 para. 14 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 18Sch. 19 para. 15 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 18Sch. 19 para. 16 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 18Sch. 19 para. 17 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 18Sch. 19 para. 18 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 18Sch. 20 para. 5 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 19Sch. 20 para. 6 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 19Sch. 20 para. 7 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 19Sch. 20 para. 8 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 19Sch. 20 para. 9 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 19Sch. 20 para. 10 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 19Sch. 20 para. 11 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 19Sch. 20 para. 12 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 19Sch. 20 para. 13 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 19Sch. 20 para. 14 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 19Sch. 21 para. 62(1)(2)(4)(5) in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 20(a)Sch. 21 para. 63 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 20(a)Sch. 21 para. 64 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 20(a)Sch. 21 para. 79 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 20(b)Sch. 21 para. 80 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 20(b)Sch. 21 para. 81 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 20(b)Sch. 21 para. 82 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 20(b)Sch. 21 para. 83 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 20(b) (with art. 7) (as amended (11.3.2011) by S.I. 2011/722, art. 2)Sch. 21 para. 87 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 20(b)Sch. 21 para. 88 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 20(b)Sch. 21 para. 89 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 20(b)Sch. 22 para. 12 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 21(a)Sch. 22 para. 13 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 21(b)Sch. 22 para. 14 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 21(c)Sch. 22 para. 15 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 21(c)Sch. 22 para. 27 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 21(d)Sch. 22 para. 44 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 21(e)Sch. 22 para. 45 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 21(f)Sch. 22 para. 46 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 21(g)Sch. 23 Pt. 3 in force at 6.4.2010 for specified purposes by S.I. 2010/816, art. 2, 4(1), Sch. para. 22(a)Sch. 23 Pt. 4 in force at 6.4.2010 for specified purposes by S.I. 2010/816, art. 2, Sch. para. 22(b) (with art. 7) (as amended (11.3.2011) by S.I. 2011/722, art. 2)Sch. 23 Pt. 7 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 22(c)Sch. 23 Pt. 8 in force at 6.4.2010 for specified purposes by S.I. 2010/816, art. 2, Sch. para. 22(d)S. 74 in force at 6.4.2010 for E.W. by S.I. 2010/816, art. 3S. 75 in force at 6.4.2010 for E.W. by S.I. 2010/816, art. 3S. 76 in force at 6.4.2010 for E.W. by S.I. 2010/816, art. 3S. 77 in force at 6.4.2010 for E.W. by S.I. 2010/816, art. 3S. 78 in force at 6.4.2010 for E.W. by S.I. 2010/816, art. 3S. 79 in force at 6.4.2010 for E.W. by S.I. 2010/816, art. 3S. 80 in force at 6.4.2010 for E.W. by S.I. 2010/816, art. 3S. 81 in force at 6.4.2010 for E.W. by S.I. 2010/816, art. 3S. 82 in force at 6.4.2010 for E.W. by S.I. 2010/816, art. 3S. 83 in force at 6.4.2010 for E.W. by S.I. 2010/816, art. 3S. 85 in force at 6.4.2010 for E.W. by S.I. 2010/816, art. 3S. 178 in force at 6.4.2010 for specified purposes by S.I. 2010/816, art. 2, 4(1), Sch. para. 15(a)Words in s. 74(4) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 14 para. 94(2) (with arts. 28-31)Words in s. 74(5) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 14 para. 94(3) (with arts. 28-31)S. 75(5) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 14 para. 95(2) (with arts. 28-31)S. 77(9) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 14 para. 96(2) (with arts. 28-31)S. 78(12) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 14 para. 97(3) (with arts. 28-31)Words in s. 78(10) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 14 para. 97(2) (with arts. 28-31)S. 83(3)-(5) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 14 para. 98(3) (with arts. 28-31)Words in s. 83(1) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 14 para. 98(2) (with arts. 28-31)S. 161(6) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 14 para. 99 (with arts. 28-31)S. 166(9A) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 14 para. 100 (with arts. 28-31)S. 176(2A) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 14 para. 101(2) (with arts. 28-31)S. 176(7)-(9) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 14 para. 101(3) (with arts. 28-31)S. 177(3A) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 14 para. 102(2) (with arts. 28-31)S. 182(6)(7) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 14 para. 103(2) (with arts. 28-31)Words in Sch. 16 para. 1 substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 14 para. 104(2) (with arts. 28-31)Words in Sch. 16 para. 4 substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 14 para. 104(3)(a) (with arts. 28-31)Words in Sch. 16 para. 4 substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 14 para. 104(3)(b) (with arts. 28-31)S. 177(2) in force at 2.8.2010 for specified purposes by S.I. 2010/1858, art. 2(b)S. 178 in force at 2.8.2010 for specified purposes by S.I. 2010/1858, art. 2(c)Sch. 23 Pt. 5 in force at 2.8.2010 for specified purposes by S.I. 2010/1858, art. 2(e)S. 144 in force at 15.8.2010 for specified purposes by S.I. 2010/1858, art. 3(a)S. 177(2) in force at 15.8.2010 for specified purposes by S.I. 2010/1858, art. 3(b)S. 178 in force at 15.8.2010 for specified purposes by S.I. 2010/1858, art. 3(c)Sch. 17 para. 1 in force at 15.8.2010 by S.I. 2010/1858, art. 3(d)(i)Sch. 17 para. 3 in force at 15.8.2010 by S.I. 2010/1858, art. 3(d)(ii)Sch. 17 para. 7 in force at 15.8.2010 by S.I. 2010/1858, art. 3(d)(iii)Sch. 17 para. 11 in force at 15.8.2010 by S.I. 2010/1858, art. 3(d)(v)Sch. 17 para. 13 in force at 15.8.2010 by S.I. 2010/1858, art. 3(d)(vii)Sch. 17 para. 14 in force at 15.8.2010 by S.I. 2010/1858, art. 3(d)(vii)Sch. 17 para. 15 in force at 15.8.2010 by S.I. 2010/1858, art. 3(d)(vii)Sch. 22 para. 40 in force at 15.8.2010 for specified purposes by S.I. 2010/1858, art. 3(e)Sch. 22 para. 41 in force at 15.8.2010 for specified purposes by S.I. 2010/1858, art. 3(e)Sch. 22 para. 42 in force at 15.8.2010 for specified purposes by S.I. 2010/1858, art. 3(e)Sch. 23 Pt. 5 in force at 15.8.2010 for specified purposes by S.I. 2010/1858, art. 3(f)S. 52 in force at 4.10.2010 by S.I. 2010/816, art. 5(a)S. 56(2)(a) in force at 4.10.2010 by S.I. 2010/816, art. 5(b)S. 57 in force at 4.10.2010 by S.I. 2010/816, art. 5(c)S. 177(1) in force at 4.10.2010 for specified purposes by S.I. 2010/816, art. 5(d)S. 178 in force at 4.10.2010 for specified purposes by S.I. 2010/816, art. 5(e)Sch. 23 Pt. 2 in force at 4.10.2010 for specified purposes by S.I. 2010/816, art. 5(g) (with art. 7) (as amended (11.3.2011) by S.I. 2011/722, art. 2)S. 54 in force at 4.10.2010 for E.W. by S.I. 2010/816, art. 6(a)S. 55 in force at 4.10.2010 for E.W. by S.I. 2010/816, art. 6(a)S. 56(1) in force at 4.10.2010 for E.W. by S.I. 2010/816, art. 6(b)S. 74 in force at 18.4.2011 for N.I. by S.R. 2011/182, art. 2(a)(i)S. 75(1)(2)(d)(3)-(5) in force at 18.4.2011 for N.I. by S.R. 2011/182, art. 2(a)(ii)S. 76(1)-(11)(12)(b)(13) in force at 18.4.2011 for N.I. by S.R. 2011/182, art. 2(a)(iii)S. 77(1)(d)(g)(2)-(8) in force at 18.4.2011 for N.I. by S.R. 2011/182, art. 2(a)(iv)S. 82 in force at 18.4.2011 for N.I. by S.R. 2011/182, art. 2(a)(ix)S. 85 in force at 18.4.2011 for N.I. by S.R. 2011/182, art. 2(a)(ix)S. 78 in force at 18.4.2011 for N.I. by S.R. 2011/182, art. 2(a)(v)S. 79(1)-(5)(6)(b) in force at 18.4.2011 for N.I. by S.R. 2011/182, art. 2(a)(vi)S. 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)S. 81(4)(7) in force at 18.4.2011 for N.I. by S.R. 2011/182, art. 2(a)(viii)S. 83(3)-(5) in force at 18.4.2011 for N.I. by S.R. 2011/182, art. 2(a)(x)S. 144 in force at 18.4.2011 for specified purposes for N.I. by S.R. 2011/182, art. 2(b)S. 177(2) in force at 18.4.2011 for specified purposes for N.I. by S.R. 2011/182, art. 2(c)Sch. 17 para. 2 in force at 18.4.2011 for N.I. by S.R. 2011/182, art. 2(d)(i)Sch. 17 para. 16 in force at 18.4.2011 for N.I. by S.R. 2011/182, art. 2(d)(ii)Sch. 17 para. 17 in force at 18.4.2011 for N.I. by S.R. 2011/182, art. 2(d)(ii)Sch. 17 para. 18 in force at 18.4.2011 for N.I. by S.R. 2011/182, art. 2(d)(ii)Sch. 22 para. 40 in force at 18.4.2011 for specified purposes for N.I. by S.R. 2011/182, art. 2(e)S. 75(2)(c) in force at 2.5.2011 for N.I. by S.I. 2011/1122, art. 2S. 77(1)(c) in force at 2.5.2011 for N.I. by S.I. 2011/1122, art. 2S. 81(3) in force at 2.5.2011 for N.I. by S.I. 2011/1122, art. 2S. 53 in force at 1.6.2011 for N.I. by S.R. 2011/182, art. 3(a)S. 54 in force at 1.6.2011 for N.I. by S.R. 2011/182, art. 3(b)S. 55 in force at 1.6.2011 for N.I. by S.R. 2011/182, art. 3(b)S. 56(1)(2)(b) in force at 1.6.2011 for N.I. by S.R. 2011/182, art. 3(c)S. 58 in force at 1.6.2011 for N.I. by S.R. 2011/182, art. 3(e)S. 178 in force at 1.6.2011 for specified purposes for N.I. by S.R. 2011/182, art. 3(f)Sch. 23 Pt. 2 in force at 1.6.2011 for specified purposes for N.I. by S.R. 2011/182, art. 3(g)S. 98 in force at 27.6.2011 by S.I. 2011/1452, art. 2(a)S. 99 in force at 27.6.2011 by S.I. 2011/1452, art. 2(a)S. 100 in force at 27.6.2011 by S.I. 2011/1452, art. 2(a)S. 101 in force at 27.6.2011 by S.I. 2011/1452, art. 2(a)S. 102 in force at 27.6.2011 by S.I. 2011/1452, art. 2(a)S. 103 in force at 27.6.2011 by S.I. 2011/1452, art. 2(a)S. 105 in force at 27.6.2011 by S.I. 2011/1452, art. 2(b)S. 111 in force at 27.6.2011 by S.I. 2011/1452, art. 2(c)S. 177(1) in force at 27.6.2011 for specified purposes by S.I. 2011/1452, art. 2(d)(i)S. 177(2) in force at 27.6.2011 for specified purposes by S.I. 2011/1452, art. 2(d)(ii)S. 178 in force at 27.6.2011 for specified purposes by S.I. 2011/1452, art. 2(e)Sch. 14 in force at 27.6.2011 by S.I. 2011/1452, art. 2(f)Sch. 21 para. 73 in force at 27.6.2011 by S.I. 2011/1452, art. 2(g)Sch. 22 para. 23 in force at 27.6.2011 by S.I. 2011/1452, art. 2(h)Sch. 22 para. 24 in force at 27.6.2011 by S.I. 2011/1452, art. 2(h)Sch. 23 Pt. 3 in force at 27.6.2011 for specified purposes by S.I. 2011/1452, art. 2(h)S. 106(1) in force at 3.10.2011 for specified purposes by S.I. 2011/2148, art. 2(1)(a)S. 106(3) in force at 3.10.2011 for specified purposes by S.I. 2011/2148, art. 2(1)(a)S. 107 in force at 3.10.2011 for specified purposes by S.I. 2011/2148, art. 2(1)(b)S. 108 in force at 3.10.2011 for specified purposes by S.I. 2011/2148, art. 2(1)(c)S. 178 in force at 3.10.2011 for specified purposes by S.I. 2011/2148, art. 2(1)(d)Sch. 23 Pt. 3 in force at 3.10.2011 for specified purposes by S.I. 2011/2148, art. 2(1)(e)Words in s. 24(2) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 372; S.I. 2011/3019, art. 3, Sch. 1S. 45(1)(b)(c) repealed (14.2.2012) by Public Bodies Act 2011 (c. 24), ss. 33(2), 38(1)S. 45(2)(j) repealed (14.2.2012) by Public Bodies Act 2011 (c. 24), ss. 33(2), 38(1)S. 42(2)(b) repealed (14.2.2012) by Public Bodies Act 2011 (c. 24), ss. 33(2), 38(1)Words in s. 42(2)(c) repealed (14.2.2012) by Public Bodies Act 2011 (c. 24), ss. 33(2), 38(1)S. 36(4)(b) repealed (14.2.2012) by Public Bodies Act 2011 (c. 24), ss. 33(2), 38(1)S. 40 repealed (14.2.2012) by Public Bodies Act 2011 (c. 24), ss. 33(1), 38(1)Sch. 10 para. 4 repealed (14.2.2012) by Public Bodies Act 2011 (c. 24), ss. 33(2), 38(1)Words in Sch. 23 Pt. 5 repealed (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 5; S.I. 2012/669, art. 4(f)(i)Sch. 17 para. 9 repealed (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 5; S.I. 2012/669, art. 4(f)(i)Word 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.S. 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.Word 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.S. 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.Words in Sch. 1 para. 1(6) substituted (2.7.2012) by Domestic Violence, Crime and Victims (Amendment) Act 2012 (c. 4), s. 4(2), Sch. para. 12; S.I. 2012/1432, art. 2S. 117(1)-(3) in force at 7.8.2012 by S.I. 2012/1810, art. 2S. 39 repealed (18.9.2012) by The Public Bodies (Abolition of Her Majesty’s Inspectorate of Courts Administration and the Public Guardian Board) Order 2012 (S.I. 2012/2401), art. 1(2)(3), Sch. 1 para. 34 (with art. 2)Sch. 21 para. 46 repealed (18.9.2012) by The Public Bodies (Abolition of Her Majesty’s Inspectorate of Courts Administration and the Public Guardian Board) Order 2012 (S.I. 2012/2401), art. 1(2)(3), Sch. 1 para. 35 (with art. 2)S. 12 in force at 24.9.2012 by S.I. 2012/2374, art. 2(a)S. 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)S. 107 in force at 8.10.2012 in so far as not already in force by S.I. 2012/2374, art. 3(b)S. 108 in force at 8.10.2012 in so far as not already in force by S.I. 2012/2374, art. 3(c)S. 178 in force at 8.10.2012 for specified purposes by S.I. 2012/2374, art. 3(d)Sch. 23 Pt. 3 in force at 8.10.2012 in so far as not already in force by S.I. 2012/2374, art. 3(e)S. 145 omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 16 para. 21(a); S.I. 2012/2906, art. 2(n)Sch. 21 para. 84 omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 64(5)(d), 151(1); S.I. 2012/2906, art. 2(a)Sch. 22 para. 43 omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 16 para. 21(b); S.I. 2012/2906, art. 2(n)S. 178 in force at 12.2.2013 for specified purposes by S.I. 2013/250, art. 2(a)Sch. 23 Pt. 1 in force at 12.2.2013 for specified purposes by S.I. 2013/250, art. 2(b)Ss. 149-153 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)Sch. 18 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)S. 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)S. 117(4)-(8) in force at 22.4.2013 by S.I. 2013/705, art. 2S. 144 in force at 28.5.2013 for specified purposes by S.I. 2013/1104, art. 2(a)Sch. 17 para. 4 in force at 28.5.2013 by S.I. 2013/1104, art. 2(b)Sch. 17 para. 5 in force at 28.5.2013 by S.I. 2013/1104, art. 2(b)S. 43 in force at 2.7.2013 by S.I. 2013/1628, art. 2(a)S. 45 in force at 2.7.2013 by S.I. 2013/1628, art. 2(b)S. 1 in force at 25.7.2013 by S.I. 2013/1869, art. 2(a)S. 2 in force at 25.7.2013 by S.I. 2013/1869, art. 2(a)S. 3 in force at 25.7.2013 by S.I. 2013/1869, art. 2(a)S. 4 in force at 25.7.2013 by S.I. 2013/1869, art. 2(a)S. 5 in force at 25.7.2013 by S.I. 2013/1869, art. 2(a)S. 6 in force at 25.7.2013 by S.I. 2013/1869, art. 2(a)S. 7 in force at 25.7.2013 by S.I. 2013/1869, art. 2(a)S. 8 in force at 25.7.2013 by S.I. 2013/1869, art. 2(a)S. 9 in force at 25.7.2013 by S.I. 2013/1869, art. 2(a)S. 10 in force at 25.7.2013 by S.I. 2013/1869, art. 2(a)S. 11 in force at 25.7.2013 by S.I. 2013/1869, art. 2(a)S. 13 in force at 25.7.2013 by S.I. 2013/1869, art. 2(a)S. 14 in force at 25.7.2013 by S.I. 2013/1869, art. 2(a)S. 15 in force at 25.7.2013 by S.I. 2013/1869, art. 2(a)S. 16 in force at 25.7.2013 by S.I. 2013/1869, art. 2(a)S. 17 in force at 25.7.2013 by S.I. 2013/1869, art. 2(a)S. 22 in force at 25.7.2013 by S.I. 2013/1869, art. 2(b)S. 23 in force at 25.7.2013 by S.I. 2013/1869, art. 2(b)S. 24 in force at 25.7.2013 by S.I. 2013/1869, art. 2(b)S. 32 in force at 25.7.2013 for specified purposes by S.I. 2013/1869, art. 2(c)S. 33 in force at 25.7.2013 by S.I. 2013/1869, art. 2(c)S. 34 in force at 25.7.2013 by S.I. 2013/1869, art. 2(c)S. 36 in force at 25.7.2013 by S.I. 2013/1869, art. 2(d)S. 37 in force at 25.7.2013 by S.I. 2013/1869, art. 2(d)S. 41 in force at 25.7.2013 for specified purposes by S.I. 2013/1869, art. 2(d)S. 42 in force at 25.7.2013 by S.I. 2013/1869, art. 2(d)S. 46 in force at 25.7.2013 by S.I. 2013/1869, art. 2(e)S. 177(1) in force at 25.7.2013 for specified purposes by S.I. 2013/1869, art. 2(f)S. 178 in force at 25.7.2013 for specified purposes by S.I. 2013/1869, art. 2(g)Sch. 1 para. 1 in force at 25.7.2013 by S.I. 2013/1869, art. 2(h)Sch. 1 para. 2 in force at 25.7.2013 by S.I. 2013/1869, art. 2(h)Sch. 1 para. 3 in force at 25.7.2013 by S.I. 2013/1869, art. 2(h)Sch. 1 para. 4 in force at 25.7.2013 by S.I. 2013/1869, art. 2(h)Sch. 1 para. 5 in force at 25.7.2013 by S.I. 2013/1869, art. 2(h)Sch. 1 para. 6 in force at 25.7.2013 by S.I. 2013/1869, art. 2(h)Sch. 1 para. 7 in force at 25.7.2013 by S.I. 2013/1869, art. 2(h)Sch. 1 para. 8 in force at 25.7.2013 by S.I. 2013/1869, art. 2(h)Sch. 1 para. 9 in force at 25.7.2013 by S.I. 2013/1869, art. 2(h)Sch. 1 para. 10 in force at 25.7.2013 by S.I. 2013/1869, art. 2(h)Sch. 1 para. 11 in force at 25.7.2013 by S.I. 2013/1869, art. 2(h)Sch. 2 para. 1 in force at 25.7.2013 by S.I. 2013/1869, art. 2(i)Sch. 2 para. 2 in force at 25.7.2013 by S.I. 2013/1869, art. 2(i)Sch. 2 para. 3 in force at 25.7.2013 by S.I. 2013/1869, art. 2(i)Sch. 2 para. 4 in force at 25.7.2013 by S.I. 2013/1869, art. 2(i)Sch. 3 para. 1 in force at 25.7.2013 by S.I. 2013/1869, art. 2(j)Sch. 3 para. 2 in force at 25.7.2013 by S.I. 2013/1869, art. 2(j)Sch. 3 para. 3 in force at 25.7.2013 by S.I. 2013/1869, art. 2(j)Sch. 3 para. 4 in force at 25.7.2013 by S.I. 2013/1869, art. 2(j)Sch. 3 para. 5 in force at 25.7.2013 by S.I. 2013/1869, art. 2(j)Sch. 3 para. 6 in force at 25.7.2013 by S.I. 2013/1869, art. 2(j)Sch. 3 para. 7 in force at 25.7.2013 by S.I. 2013/1869, art. 2(j)Sch. 3 para. 8 in force at 25.7.2013 by S.I. 2013/1869, art. 2(j)Sch. 3 para. 9 in force at 25.7.2013 by S.I. 2013/1869, art. 2(j)Sch. 3 para. 10 in force at 25.7.2013 by S.I. 2013/1869, art. 2(j)Sch. 3 para. 11 in force at 25.7.2013 by S.I. 2013/1869, art. 2(j)Sch. 3 para. 12 in force at 25.7.2013 by S.I. 2013/1869, art. 2(j)Sch. 3 para. 13 in force at 25.7.2013 by S.I. 2013/1869, art. 2(j)Sch. 3 para. 14 in force at 25.7.2013 by S.I. 2013/1869, art. 2(j)Sch. 3 para. 15 in force at 25.7.2013 by S.I. 2013/1869, art. 2(j)Sch. 3 para. 16 in force at 25.7.2013 by S.I. 2013/1869, art. 2(j)Sch. 3 para. 17 in force at 25.7.2013 by S.I. 2013/1869, art. 2(j)Sch. 3 para. 18 in force at 25.7.2013 by S.I. 2013/1869, art. 2(j)Sch. 3 para. 19 in force at 25.7.2013 by S.I. 2013/1869, art. 2(j)Sch. 5 para. 1 in force at 25.7.2013 by S.I. 2013/1869, art. 2(k)Sch. 5 para. 2 in force at 25.7.2013 by S.I. 2013/1869, art. 2(k)Sch. 5 para. 6 in force at 25.7.2013 by S.I. 2013/1869, art. 2(k)Sch. 5 para. 7 in force at 25.7.2013 by S.I. 2013/1869, art. 2(k)Sch. 6 para. 1 in force at 25.7.2013 by S.I. 2013/1869, art. 2(l)Sch. 6 para. 2 in force at 25.7.2013 by S.I. 2013/1869, art. 2(l)Sch. 6 para. 3 in force at 25.7.2013 by S.I. 2013/1869, art. 2(l)Sch. 6 para. 4 in force at 25.7.2013 by S.I. 2013/1869, art. 2(l)Sch. 6 para. 5 in force at 25.7.2013 by S.I. 2013/1869, art. 2(l)Sch. 6 para. 6 in force at 25.7.2013 by S.I. 2013/1869, art. 2(l)Sch. 6 para. 7 in force at 25.7.2013 by S.I. 2013/1869, art. 2(l)Sch. 6 para. 8 in force at 25.7.2013 by S.I. 2013/1869, art. 2(l)Sch. 6 para. 9 in force at 25.7.2013 by S.I. 2013/1869, art. 2(l)Sch. 6 para. 10 in force at 25.7.2013 by S.I. 2013/1869, art. 2(l)Sch. 7 para. 1 in force at 25.7.2013 by S.I. 2013/1869, art. 2(m)Sch. 7 para. 2 in force at 25.7.2013 by S.I. 2013/1869, art. 2(m)Sch. 7 para. 3 in force at 25.7.2013 by S.I. 2013/1869, art. 2(m)Sch. 7 para. 4 in force at 25.7.2013 by S.I. 2013/1869, art. 2(m)Sch. 7 para. 5 in force at 25.7.2013 by S.I. 2013/1869, art. 2(m)Sch. 7 para. 6 in force at 25.7.2013 by S.I. 2013/1869, art. 2(m)Sch. 7 para. 7 in force at 25.7.2013 by S.I. 2013/1869, art. 2(m)Sch. 7 para. 8 in force at 25.7.2013 by S.I. 2013/1869, art. 2(m)Sch. 7 para. 9 in force at 25.7.2013 by S.I. 2013/1869, art. 2(m)Sch. 7 para. 10 in force at 25.7.2013 by S.I. 2013/1869, art. 2(m)Sch. 7 para. 11 in force at 25.7.2013 by S.I. 2013/1869, art. 2(m)Sch. 10 para. 1 in force at 25.7.2013 by S.I. 2013/1869, art. 2(n)Sch. 10 para. 3 in force at 25.7.2013 by S.I. 2013/1869, art. 2(n)Sch. 10 para. 5 in force at 25.7.2013 by S.I. 2013/1869, art. 2(n)Sch. 21 para. 1 in force at 25.7.2013 by S.I. 2013/1869, art. 2(o)(i)Sch. 21 para. 2 in force at 25.7.2013 by S.I. 2013/1869, art. 2(o)(i)Sch. 21 para. 3 in force at 25.7.2013 by S.I. 2013/1869, art. 2(o)(i)Sch. 21 para. 4 in force at 25.7.2013 by S.I. 2013/1869, art. 2(o)(i)Sch. 21 para. 5 in force at 25.7.2013 by S.I. 2013/1869, art. 2(o)(i)Sch. 21 para. 6 in force at 25.7.2013 by S.I. 2013/1869, art. 2(o)(i)Sch. 21 para. 7 in force at 25.7.2013 by S.I. 2013/1869, art. 2(o)(i)Sch. 21 para. 8(4) in force at 25.7.2013 by S.I. 2013/1869, art. 2(o)(ii)Sch. 21 para. 9(3)(d) in force at 25.7.2013 by S.I. 2013/1869, art. 2(o)(iii)Sch. 21 para. 11(3) in force at 25.7.2013 by S.I. 2013/1869, art. 2(o)(iv)Sch. 21 para. 15(1)(3)(4) in force at 25.7.2013 by S.I. 2013/1869, art. 2(o)(v)Sch. 21 para. 15(2) in force at 25.7.2013 for specified purposes by S.I. 2013/1869, art. 2(o)(vi)Sch. 21 para. 18(1) in force at 25.7.2013 for specified purposes by S.I. 2013/1869, art. 2(o)(vii)(viii)Sch. 21 para. 18(2) in force at 25.7.2013 for specified purposes by S.I. 2013/1869, art. 2(o)(vii)Sch. 21 para. 18(3)(4) in force at 25.7.2013 by S.I. 2013/1869, art. 2(o)(viii)Sch. 21 para. 21(1) in force at 25.7.2013 for specified purposes by S.I. 2013/1869, art. 2(o)(ix)Sch. 21 para. 21(2) in force at 25.7.2013 for specified purposes by S.I. 2013/1869, art. 2(o)(x)Sch. 21 para. 22 in force at 25.7.2013 by S.I. 2013/1869, art. 2(o)(xi)Sch. 21 para. 23 in force at 25.7.2013 by S.I. 2013/1869, art. 2(o)(xi)Sch. 21 para. 24 in force at 25.7.2013 by S.I. 2013/1869, art. 2(o)(xi)Sch. 21 para. 25 in force at 25.7.2013 by S.I. 2013/1869, art. 2(o)(xi)Sch. 21 para. 26 in force at 25.7.2013 for specified purposes by S.I. 2013/1869, art. 2(o)(xii)Sch. 21 para. 28 in force at 25.7.2013 by S.I. 2013/1869, art. 2(o)(xiii)Sch. 21 para. 30 in force at 25.7.2013 by S.I. 2013/1869, art. 2(o)(xiv)Sch. 21 para. 32 in force at 25.7.2013 by S.I. 2013/1869, art. 2(o)(xv)Sch. 21 para. 33 in force at 25.7.2013 by S.I. 2013/1869, art. 2(o)(xv)Sch. 21 para. 34 in force at 25.7.2013 by S.I. 2013/1869, art. 2(o)(xv)Sch. 21 para. 35 in force at 25.7.2013 by S.I. 2013/1869, art. 2(o)(xv)Sch. 21 para. 36 in force at 25.7.2013 by S.I. 2013/1869, art. 2(o)(xv)Sch. 21 para. 44 in force at 25.7.2013 by S.I. 2013/1869, art. 2(o)(xvi)Sch. 21 para. 45 in force at 25.7.2013 by S.I. 2013/1869, art. 2(o)(xvi)Sch. 21 para. 51 in force at 25.7.2013 for specified purposes by S.I. 2013/1869, art. 2(o)(xvii)Sch. 23 Pt. 1 in force at 25.7.2013 for specified purposes by S.I. 2013/1869, art. 2(p) (with art. 3)Words in Sch. 21 para. 51 inserted (1.10.2013 for specified purposes) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 49(6)(a); S.I. 2013/2200, art. 3(e)(f) (with savings in S.I. 2013/2192, regs. 48, 49)Word in Sch. 21 para. 51 substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 49(6)(b); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)Words 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)Words 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)Words in s. 77(1)(c) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 188(a); S.I. 2013/1682, art. 3(v)Words in s. 77(1)(c) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 188(b); S.I. 2013/1682, art. 3(v)Words in s. 81(3) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 187; S.I. 2013/1682, art. 3(v)Words in s. 166(9A) 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) S. 170 repealed (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 189; S.I. 2013/1682, art. 3(v)S. 142(5) repealed (5.11.2013) by The Public Bodies (Abolition of Victims Advisory Panel) Order 2013 (S.I. 2013/2853), arts. 1(2), 2(2)(d)S. 148 in force at 18.11.2013 by S.I. 2013/2908, art. 2S. 77(1)(f) omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 71S. 80(2)(c) omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 72S. 81(6) omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 73Words 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)Sch. 21 para. 72 repealed (23.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 50 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 4(f)(xii)S. 137 in force at 13.4.2015 by S.I. 2015/819, art. 2(a)Sch. 16 para. 2(1)(2) in force at 13.4.2015 by S.I. 2015/819, art. 2(b)Sch. 22 para. 29 in force at 13.4.2015 by S.I. 2015/819, art. 2(c)Sch. 22 para. 30 in force at 13.4.2015 by S.I. 2015/819, art. 2(c)Sch. 22 para. 31 in force at 13.4.2015 by S.I. 2015/819, art. 2(c)Sch. 22 para. 32 in force at 13.4.2015 by S.I. 2015/819, art. 2(c)Sch. 22 para. 33 in force at 13.4.2015 by S.I. 2015/819, art. 2(c)Ss. 9A, 9B inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 13 para. 1; S.I. 2015/778, art. 3, Sch. 1 para. 79Cross-heading inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 13 para. 4; S.I. 2015/778, art. 3, Sch. 1 para. 79Sch. 6 paras. 5A-5C inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 13 para. 5; S.I. 2015/778, art. 3, Sch. 1 para. 79 (with Sch. 2 para. 3(b))Sch. 6 Pt. 1A paras. 5D-5G inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 13 para. 6; S.I. 2015/778, art. 3, Sch. 1 para. 79 (with Sch. 2 para. 4(b))Sch. 6 para. 11 inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 13 para. 7; S.I. 2015/778, art. 3, Sch. 1 para. 79Word in Sch. 1 para. 1(6) omitted (13.4.2015) by virtue of Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 6 para. 12(2) (with s. 29(5)); S.I. 2015/778, art. 3, Sch. 1 para. 75Words in Sch. 1 para. 1(6) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 6 para. 12(3) (with s. 29(5)); S.I. 2015/778, art. 3, Sch. 1 para. 75S. 71 repealed (N.I.) (14.1.2015) by Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2), s. 28(2), Sch. 5; S. 71 omitted (E.W.) (31.7.2015) by virtue of Modern Slavery Act 2015 (c. 30), s. 61(1), Sch. 5 para. 8; S.I. 2015/1476, reg. 2(j) (with regs. 3, 5, 7, 8)S. 49(2) in force at 29.2.2016 by S.R. 2016/23, art. 2Sch. 11 para. 1 in force at 29.2.2016 by S.R. 2016/23, art. 2Sch. 11 para. 2 in force at 29.2.2016 by S.R. 2016/23, art. 2Words in s. 77(6) repealed (N.I.) (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 138(1), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(l) (with art. 3)Words in s. 79(6)(b) repealed (N.I.) (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 138(2), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(l) (with art. 3)Words in s. 164(6) substituted (30.11.2016) by The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 34(2)Words in s. 165(3)(c) substituted (30.11.2016) by The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 34(3)Sch. 21 para. 93 omitted (23.2.2017) by virtue of Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 22 (with Sch. 7 para. 27); S.I. 2017/189, art. 3Words 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. 37Words 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. 37S. 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. 37Words in s. 12(4)(b) substituted (15.6.2017) by The Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1142), art. 1(2), Sch. para. 13(2) (with art. 7(2)); S.S.I. 2017/155, reg. 2Words in s. 13(1)(d) substituted (15.6.2017) by The Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1142), art. 1(2), Sch. para. 13(3) (with art. 7(2)); S.S.I. 2017/155, reg. 2S. 50 repealed (S.) (15.6.2017) by Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (asp 2), s. 42(2), sch. 2 para. 14; S.S.I. 2017/155, reg. 2 (with regs. 4(2) 5)Words 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)Words 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)Words in s. 18(2)(a) inserted (11.4.2018) by The Secretaries of State for Health and Social Care and for Housing, Communities and Local Government and Transfer of Functions (Commonhold Land) Order 2018 (S.I. 2018/378), art. 1(2), Sch. para. 15(a) (with art. 14)Words in s. 20(1)(n) inserted (11.4.2018) by The Secretaries of State for Health and Social Care and for Housing, Communities and Local Government and Transfer of Functions (Commonhold Land) Order 2018 (S.I. 2018/378), art. 1(2), Sch. para. 15(b) (with art. 14)Sch. 20 Pt. 1 repealed (25.5.2018) by Digital Economy Act 2017 (c. 30), ss. 111(9)(d), 118(6); S.I. 2018/624, reg. 2Sch. 21 para. 29(3) omitted (25.5.2018) by virtue of Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 161 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)S. 21 in force at 18.6.2018 by S.I. 2018/727, art. 2S. 177(1) in force at 16.7.2018 for specified purposes by S.I. 2018/733, art. 2(a)Sch. 16 para. 2(3) in force at 16.7.2018 by S.I. 2018/733, art. 2(b)Sch. 16 para. 3 in force at 16.7.2018 by S.I. 2018/733, art. 2(b)Sch. 21 para. 90(1)(2)(6)-(9) in force at 16.7.2018 by S.I. 2018/733, art. 2(c)Sch. 21 para. 91 in force at 16.7.2018 by S.I. 2018/733, art. 2(c)S. 138 omitted (12.4.2019) by virtue of Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 12(3) (with s. 25(3)(4))S. 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))Act: power to amend conferred (E.W.) (26.5.2019) by Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019 (c. 12), s. 4(4)S. 18 in force at 9.7.2019 by S.I. 2019/1105, art. 2Words in s. 120(3)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 277 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2Words in s. 121(7)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 278(a) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2Words in s. 121(7)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 278(b) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2S. 125 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2S. 126 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2Words 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. 2Words 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. 2Words 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. 2Words in s. 136 substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 280 (with Sch. 27); S.I. 2020/1236, reg. 2Words in s. 158(3)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 281 (with Sch. 27); S.I. 2020/1236, reg. 2Words in s. 164(3)(d) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 282 (with Sch. 27); S.I. 2020/1236, reg. 2Sch. 16 para. 5 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2Sch. 17 para. 6 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2Sch. 17 para. 8 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2Sch. 17 para. 10 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2Sch. 17 para. 12 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2Sch. 21 para. 52 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2Sch. 21 para. 85 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2Sch. 21 para. 86 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), ss. 416(1), Sch. 28 (with ss. 413(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2Sch. 21 para. 94 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2Sch. 21 para. 95 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2Sch. 21 para. 98 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2Sch. 12 para. 1 omitted (29.7.2021) by virtue of The Criminal Justice (Electronic Commerce) (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/835), regs. 1, 7(1)(a)Sch. 12 para. 2 omitted (29.7.2021) by virtue of The Criminal Justice (Electronic Commerce) (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/835), regs. 1, 7(1)(b)Sch. 12 para. 3 omitted (29.7.2021) by virtue of The Criminal Justice (Electronic Commerce) (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/835), regs. 1, 7(1)(c)Sch. 12 para. 7(6) omitted (29.7.2021) by virtue of The Criminal Justice (Electronic Commerce) (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/835), regs. 1, 7(1)(e)Sch. 12 para. 7(2) substituted (29.7.2021) by The Criminal Justice (Electronic Commerce) (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/835), regs. 1, 7(1)(d)Sch. 13 para. 1 omitted (29.7.2021) by virtue of The Criminal Justice (Electronic Commerce) (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/835), regs. 1, 7(2)(a)Sch. 13 para. 2 omitted (29.7.2021) by virtue of The Criminal Justice (Electronic Commerce) (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/835), regs. 1, 7(2)(b)Sch. 13 para. 6(6) omitted (29.7.2021) by virtue of The Criminal Justice (Electronic Commerce) (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/835), regs. 1, 7(2)(c)Word in Sch. 3 para. 3(a) substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 38(2)(a) (with Sch. 1 para. 43)Word in Sch. 3 para. 10 substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 38(2)(b) (with Sch. 1 para. 43)Word in Sch. 4 para. 2(a) substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 38(3)(a) (with Sch. 1 para. 43)Word in Sch. 4 para. 3 substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 38(3)(b) (with Sch. 1 para. 43)Word in Sch. 8 para. 1(2)(b) substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 38(4)(a) (with Sch. 1 para. 43)Word in Sch. 8 para. 2(2)(b) substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 38(4)(c) (with Sch. 1 para. 43)Words in Sch. 22 para. 12(1) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1Words in Sch. 22 para. 13 substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1Words in Sch. 22 para. 14 substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1Words 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)Words 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)S. 122(1)(b) inserted (28.4.2022) by Judicial Review and Courts Act 2022 (c. 35), s. 51(1), Sch. 2 para. 13(c)Sch. 22 para. 36 omitted (28.4.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (2022 c. 32), ss. 142(11), 208(4)(q)Sch. 22 para. 35 omitted (28.4.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (2022 c. 32), ss. 142(11), 208(4)(q)Sch. 22 para. 34 omitted (28.4.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (2022 c. 32), ss. 140(5), 208(4)(q)Words in s. 4 heading substituted (28.6.2022) by Judicial Review and Courts Act 2022 (c. 35), ss. 39(2), 51(3)Sch. 22 para. 1A inserted (28.6.2022) by Judicial Review and Courts Act 2022 (c. 35), ss. 43, 51(3)S. 9C inserted (28.6.2022) by Judicial Review and Courts Act 2022 (c. 35), ss. 40(2), 51(3)S. 4(1)(a)(aa) substituted for s. 4(1)(a) (28.6.2022) by Judicial Review and Courts Act 2022 (c. 35), ss. 39(3), 51(3)S. 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))Words in s. 10(1) substituted (28.6.2022) by Judicial Review and Courts Act 2022 (c. 35), ss. 40(3), 51(3)Words in s. 45(2)(e) substituted (28.6.2022) by Judicial Review and Courts Act 2022 (c. 35), ss. 40(4), 51(3)S. 45(2)(ea) inserted (28.6.2022) by Judicial Review and Courts Act 2022 (c. 35), ss. 41(2), 51(3)S. 45(2A) inserted (28.6.2022) by Judicial Review and Courts Act 2022 (c. 35), ss. 41(3), 51(3)Words in s. 47(2)(l) inserted (28.6.2022) by Judicial Review and Courts Act 2022 (c. 35), ss. 40(5), 51(3)Words in Sch. 1 para. 11(2) substituted (28.6.2022) by Judicial Review and Courts Act 2022 (c. 35), ss. 40(6)(a), 51(3)Sch. 1 para. 11(5) inserted (28.6.2022) by Judicial Review and Courts Act 2022 (c. 35), ss. 40(6)(b), 51(3)Words in Sch. 21 para. 10(5) substituted (28.6.2022) by Judicial Review and Courts Act 2022 (c. 35), ss. 39(6)(a), 51(3)Words in Sch. 21 para. 11(2) substituted (28.6.2022) by Judicial Review and Courts Act 2022 (c. 35), ss. 39(6)(b), 51(3)Words in Sch. 21 para. 16(2) substituted (28.6.2022) by Judicial Review and Courts Act 2022 (c. 35), ss. 39(6)(c), 51(3)S. 7(2)(c) modified (temp.) (25.3.2020) by Coronavirus Act 2020 (c. 7), ss. 30(1), 87(1) (with ss. 30(2), 88-90) (which affecting provision is continued by The Coronavirus Act 2020 (Delay in Expiry: Inquests, Courts and Tribunals, and Statutory Sick Pay) (England and Wales and Northern Ireland) Regulations 2022 (S.I. 2022/362), regs. 1(2), 2; but then omitted (28.6.2022) by virtue of Judicial Review and Courts Act 2022 (c. 35), ss. 42(11), 51(3) (with s. 42(12))Words 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. 4Words 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. 4Words in Sch. 1 para. 1(3) 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. 40; S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4Words in Sch. 7 para. 5(2)(a) substituted (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. 41; S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4Words in s. 66(3)(a) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 tableWords in s. 76(12)(a) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 tableWords in Sch. 22 para. 12(1) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 tableWords in Sch. 22 para. 14 substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 tableBy Public Service Pensions and Judicial Offices Act 2022 (c. 7), Sch. 1 para. 38(4)(b), it is provided that (10.3.2022) the word “75” is substituted for “70”By Public Service Pensions and Judicial Offices Act 2022 (c. 7), Sch. 1 para. 38(4)(d), it is provided that (10.3.2022) the word “75” is substituted for “70”S. 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. 2S. 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. 2S. 20 in force at 1.10.2023 by S.I. 2023/1036, art. 2(b)S. 19 in force at 1.10.2023 by S.I. 2023/1036, art. 2(a)Ss. 18A, 18B inserted (1.10.2023) by Health and Care Act 2022 (c. 31), ss. 169(1), 186(6); S.I. 2023/1035, reg. 2(b)Words in s. 19 heading inserted (1.10.2023) by Health and Care Act 2022 (c. 31), ss. 169(2)(a), 186(6); S.I. 2023/1035, reg. 2(b)S. 19(1) omitted (1.10.2023) by virtue of Health and Care Act 2022 (c. 31), ss. 169(2)(b), 186(6); S.I. 2023/1035, reg. 2(b)Words in s. 19(5) inserted (1.10.2023) by Health and Care Act 2022 (c. 31), ss. 169(2)(c)(i), 186(6); S.I. 2023/1035, reg. 2(b)Words in s. 19(5) substituted (1.10.2023) by Health and Care Act 2022 (c. 31), ss. 169(2)(c)(ii), 186(6); S.I. 2023/1035, reg. 2(b)S. 19(2) omitted (1.10.2023) by virtue of Health and Care Act 2022 (c. 31), ss. 169(2)(b), 186(6); S.I. 2023/1035, reg. 2(b)Words in s. 20(5) substituted (1.10.2023) by Health and Care Act 2022 (c. 31), ss. 169(3), 186(6); S.I. 2023/1035, reg. 2(b)Words in s. 48(1) substituted (1.10.2023) by Health and Care Act 2022 (c. 31), ss. 169(4), 186(6); S.I. 2023/1035, reg. 2(b)Words in Sch. 5 para. 2(1) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 71Sch. 21 para. 16(3)(4) in force at 16.4.2024 for specified purposes by S.I. 2024/516, art. 2(d)(i)Sch. 21 para. 18(1)(2) in force at 16.4.2024 for specified purposes by S.I. 2024/516, art. 2(f)Sch. 21 para. 12 in force at 16.4.2024 for specified purposes by S.I. 2024/516, art. 2(a)Sch. 21 para. 13 in force at 16.4.2024 for specified purposes by S.I. 2024/516, art. 2(b)Sch. 21 para. 14 in force at 16.4.2024 for specified purposes by S.I. 2024/516, art. 2(c)Sch. 21 para. 17 in force at 16.4.2024 for specified purposes by S.I. 2024/516, art. 2(e)Sch. 21 para. 19 in force at 16.4.2024 for specified purposes by S.I. 2024/516, art. 2(g)Sch. 21 para. 21 in force at 16.4.2024 for specified purposes by S.I. 2024/516, art. 2(h)Sch. 21 para. 16(1) in force at 16.4.2024 for specified purposes by S.I. 2024/516, art. 2(d)(ii)Sch. 23 Pt. 1 modified (1.5.2024) by Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (c. 41), s. 63(3), Sch. 11 para. 2(2) (with s. 61)Sch. 1A inserted (1.5.2024) by Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (c. 41), s. 63(3), Sch. 11 para. 1(2) (with s. 61)S. 11A and cross-heading inserted (1.5.2024) by Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (c. 41), s. 63(3), Sch. 11 para. 1(1) (with s. 61)S. 7(5) continued until 28.6.2026 (25.5.2024) by The Coroners (Suspension of Requirement for Jury at Inquest: Coronavirus) Regulations 2024 (S.I. 2024/718), regs. 1(1), 2Sch. 21 para. 9(3)(a)-(c) in force at 9.9.2024 by S.I. 2024/516, art. 3(b)Sch. 21 para. 8(1)-(3), (5) in force at 9.9.2024 by S.I. 2024/516, art. 3(a)Sch. 21 para. 9(1)(2) in force at 9.9.2024 by S.I. 2024/516, art. 3(b)Sch. 21 para. 9(4) in force at 9.9.2024 by S.I. 2024/516, art. 3(b)Sch. 21 para. 16(3)(4) in force at 9.9.2024 in so far as not already in force by S.I. 2024/516, art. 3(h)(i)Sch. 21 para. 18(1)(2) in force at 9.9.2024 in so far as not already in force by S.I. 2024/516, art. 3(j)Sch. 21 para. 48 in force at 9.9.2024 by S.I. 2024/516, art. 3(p)Sch. 21 para. 49 in force at 9.9.2024 by S.I. 2024/516, art. 3(q)Sch. 21 para. 10 in force at 9.9.2024 by S.I. 2024/516, art. 3(c)Sch. 21 para. 12 in force at 9.9.2024 in so far as not already in force by S.I. 2024/516, art. 3(e)Sch. 21 para. 13 in force at 9.9.2024 in so far as not already in force by S.I. 2024/516, art. 3(f)Sch. 21 para. 14 in force at 9.9.2024 in so far as not already in force by S.I. 2024/516, art. 3(g)Sch. 21 para. 17 in force at 9.9.2024 in so far as not already in force by S.I. 2024/516, art. 3(i)Sch. 21 para. 19 in force at 9.9.2024 in so far as not already in force by S.I. 2024/516, art. 3(k)Sch. 21 para. 20 in force at 9.9.2024 by S.I. 2024/516, art. 3(l)Sch. 21 para. 21 in force at 9.9.2024 in so far as not already in force by S.I. 2024/516, art. 3(m)Sch. 21 para. 29 in force at 9.9.2024 by S.I. 2024/516, art. 3(n)Sch. 21 para. 11(1)(2) in force at 9.9.2024 by S.I. 2024/516, art. 3(d)Sch. 21 para. 47 in force at 9.9.2024 for specified purposes by S.I. 2024/516, art. 3(o)Sch. 21 para. 16(1) in force at 9.9.2024 for specified purposes by S.I. 2024/516, art. 3(h)(ii)S. 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)