Proceeding contribution from Lord Bach (Labour) in the House of Lords on Tuesday, 21 July 2009. It occurred during Committee of the Whole House (HL) and Debate on bill on Coroners and Justice Bill.
Coroners and Justice Bill
Schedule 19: Minor and consequential amendments Amendments 208 to 218D 208: Schedule 19, page 192, line 27, at end insert— ""Coroner for Treasure."" 209: Schedule 19, page 192, line 35, at end insert— ""Coroner for Treasure."" 210: Schedule 19, page 193, line 26, at end insert— ""Coroner for Treasure"" 211: Schedule 19, page 194, line 36, leave out from "see" to "in" in line 37 and insert "Chapter (Investigations concerning treasure) of Part 1 of the Coroners and Justice Act 2009 (which confers jurisdiction on the Coroner for Treasure" 212: Schedule 19, page 195, line 1, leave out sub-paragraphs (2) to (4) and insert— "(2) In subsection (1), for "coroner for the district in which the object was found" there is substituted "Coroner for Treasure". (3) In subsection (4), for "coroner" there is substituted "Coroner for Treasure". (4) For subsection (5) there is substituted— "(5) If the office of Coroner for Treasure is vacant, notification under subsection (1) must be given to an Assistant Coroner for Treasure." (5) After that subsection there is inserted— "(6) Proceedings for an offence under this section 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. (7) For the purposes of subsection (6)— (a) a 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; and (b) a certificate to that effect and purporting to be so signed shall be deemed to be so signed unless the contrary is proved. (8) In its application to Northern Ireland this section has effect as if— (a) in subsection (1), for "Coroner for Treasure" there were substituted "coroner for the district in which the object was found"; (b) in subsection (4), for "Coroner for Treasure" there were substituted "coroner"; and (c) in 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)."" 213: Schedule 19, page 195, line 21, leave out "a senior coroner" and insert "the Coroner for Treasure" 214: Schedule 19, page 195, line 30, leave out "senior coroner" and insert "Coroner for Treasure" 215: Schedule 19, page 195, line 33, leave out "senior coroner" and insert "Coroner for Treasure" 216: Schedule 19, page 195, line 39, leave out "senior coroner" and insert "Coroner for Treasure" 217: Schedule 19, page 196, line 5, leave out "section 21" and insert "section (Investigations concerning treasure)" 218: Schedule 19, page 198, leave out lines 15 to 18 and insert— 218A: Schedule 19, page 198, line 20, at end insert— "Criminal Justice Act 2003 (c. 44) In Schedule 21 to the Criminal Justice Act 2003 (determination of minimum term in relation to mandatory life sentence), in paragraph 11— (a) in paragraph (d) omit "in a way not amounting to a defence of provocation", and (b) in paragraph (e), after "self-defence" insert "or in fear of violence"." 218B: Schedule 19, page 201, leave out lines 32 to 36 and insert— ""(2F) 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 in the same manner as they may be exercised by the Court."" 218C: Schedule 19, page 202, line 3, leave out from "2009" to "80" in line 4 and insert— "(l) to discharge or vary a witness anonymity order under any of sections 78, 79 or" 218D: Schedule 19, page 202, leave out lines 8 to 12 and insert— ""(3E) Subject 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."" Amendments 208 to 218D agreed. Amendment 218DA had been withdrawn from the Marshalled List. Schedule 19, as amended, agreed.
Secondary information
- Type
- Proceeding contribution
- Reference
- 712 c1576-8
- Session
- 2008-09
- Chamber / Committee
- House of Lords chamber
- Subjects
- Data protection Criminal proceedings Criminal records Community Legal Service Coroners EU law Legal representation Legal costs Electronic commerce Personal records Northern Ireland Police Proceeds of crime Photographs Offensive weapons
- Legislation
- Coroners and Justice Bill 2008-09
- Link
- View this Proceeding contribution on www.publications.parliament.uk
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