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Coroners and Justice Bill

Amendments 80 to 85 80: After Clause 24, insert the following new Clause— "CHAPTER Investigations concerning treasure Coroner for Treasure and Assistant Coroners for Treasure Schedule (Coroner for Treasure and Assistant Coroners for Treasure) makes provision about the appointment etc of the Coroner for Treasure and Assistant Coroners for Treasure." 81: After Clause 24, insert the following new Clause— "Investigations concerning treasure (1) The Coroner for Treasure must conduct an investigation concerning an object in respect of which notification is given under section 8(1) of the Treasure Act 1996 (c. 24). (2) The Coroner for Treasure may conduct an investigation concerning an object in respect of which notification has not been given under that section if he or she has reason to suspect that the object is treasure. (3) The Coroner for Treasure may conduct an investigation concerning an object if he or she has reason to suspect that the object is treasure trove. (4) Subsections (1) to (3) are subject to section (Exception to duty to investigate). (5) The purpose of an investigation under this section is to ascertain— (a) whether or not the object in question is treasure or treasure trove; (b) if it is treasure or treasure trove, who found it, where it was found and when it was found. (6) Senior coroners, area coroners and assistant coroners have no functions in relation to objects that are or may be treasure or treasure trove. This is subject to paragraph 11 of Schedule (Coroner for Treasure and Assistant Coroners for Treasure) (which enables an assistant coroner acting as an Assistant Coroner for Treasure to perform functions of the Coroner for Treasure)." 82: After Clause 24, insert the following new Clause— "Inquests concerning treasure (1) The Coroner for Treasure may, as part of an investigation under section (Investigations concerning treasure), hold an inquest concerning the object in question (a "treasure inquest"). (2) A treasure inquest must be held without a jury, unless the Coroner for Treasure thinks there is sufficient reason for it to be held with a jury. (3) In relation to a treasure inquest held with a jury, sections 8 and 9 apply with the following modifications— (a) a reference to a senior coroner is to be read as a reference to the Coroner for Treasure; (b) the reference in section 8(3) to the death of the deceased is to be read as a reference to the matters mentioned in section (Investigations concerning treasure)(5)." 83: After Clause 24, insert the following new Clause— "Outcome of investigations concerning treasure Where the Coroner for Treasure has conducted an investigation under section (Investigations concerning treasure), a determination as to the question mentioned in subsection (5)(a) of that section, and (where applicable) the questions mentioned in subsection (5)(b) of that section, must be made— (a) by the Coroner for Treasure after considering the evidence (where an inquest is not held), (b) by the Coroner for Treasure after hearing the evidence (where an inquest is held without a jury), or (c) by the jury after hearing the evidence (where an inquest is held with a jury)." 84: After Clause 24, insert the following new Clause— "Exception to duty to investigate (1) Where the Coroner for Treasure is conducting, or proposes to conduct, an investigation under section (Investigations concerning treasure) concerning— (a) an object that would vest in the Crown under the Treasure Act 1996 (c. 24) if the object was in fact treasure and there were no prior interests or rights, or (b) an object that would belong to the Crown under the law relating to treasure trove if the object was in fact treasure trove, the Secretary of State may give notice to the Coroner for Treasure disclaiming, on behalf of the Crown, any title that the Crown may have to the object. (2) Where the Coroner for Treasure is conducting, or proposes to conduct, an investigation under section (Investigations concerning treasure) concerning— (a) an object that would vest in the franchisee under the Treasure Act 1996 (c. 24) if the object was in fact treasure and there were no prior interests or rights, or (b) an object that would belong to the franchisee under the law relating to treasure trove if the object was in fact treasure trove, the franchisee may give notice to the Coroner for Treasure disclaiming any title that the franchisee may have to the object. (3) A notice under subsection (1) or (2) may be given only before the making of a determination under section (Outcome of investigations concerning treasure). (4) Where a notice is given under subsection (1) or (2)— (a) the object is to be treated as not vesting in or belonging to the Crown, or (as the case may be) the franchisee, under the Treasure Act 1996 (c. 24), or the law relating to treasure trove; (b) the Coroner for Treasure may not conduct an investigation concerning the object under section (Investigations concerning treasure) or, if an investigation has already begun, may not continue with it; (c) without prejudice to the interests or rights of others, the object may be delivered to a person in accordance with a code of practice published under section 11 of the Treasure Act 1996 (c. 24). (5) For the purposes of this section the franchisee, in relation to an object, is the person who— (a) was, immediately before the commencement of section 4 of the Treasure Act 1996 (c. 24), or (b) apart from that Act, as successor in title, would have been, the franchisee of the Crown in right of treasure trove for the place where the object was found." 85: After Clause 24, insert the following new Clause— "Code of practice under the Treasure Act 1996 (1) A code of practice under section 11 of the Treasure Act 1996 (c. 24) may make provision to do with objects in respect of which notice is given under section (Exception to duty to investigate)(1) or (2). (2) No civil liability on the part of the Coroner for Treasure arises where he or she delivers an object, or takes any other action, in accordance with a code of practice under section 11 of the Treasure Act 1996 (c. 24)." Amendments 80 to 85 agreed.