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Proceeding contribution from David Howarth (Liberal Democrat) in the House of Commons on Monday, 23 March 2009. It occurred during Debate on bill on Coroners and Justice Bill.


Coroners and Justice Bill

I thank the right hon. and learned Gentleman for at least being here now. The problem with his argument is clear when we examine amendment 97, especially what it asks judges to do. My experience of High Court judges is that they apply the words of the statute as given to them. If they apply the words of what would become clause 11(6)(b)—thinking in the way in which the right hon. and learned Gentleman thinks—they will always conclude that it is necessary to hold the inquest without a jury. What the judge is asked to do is satisfy himself, or herself, that""it is necessary to hold the inquest without a jury in order to avoid in order to avoid the matter being made public"." If it is the case that juries are leaky in the way that the right hon. and learned Gentleman contemplates, surely that will always be the case.


Secondary information

Type
Proceeding contribution
Reference
490 c97 
Session
2008-09
Chamber / Committee
House of Commons chamber
Subjects
Children Disclosure of information Admissibility of evidence Data protection Crime prevention Courts Armed forces Death Coroners Juries Evidence Judges Legal representation Immunity certificates Foreign relations National security Northern Ireland Protection Parliamentary scrutiny Public inquiries Scotland Standards Terrorism Witnesses High Court
Legislation
Coroners and Justice Bill 2008-09
Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976
Link
View this Proceeding contribution on www.publications.parliament.uk