Coroners and Justice Act 2009

Community Legal Service: pilot schemes

Data-sharing code of practice

Data-sharing code of practice

Assessment notices

Further amendments of the Data Protection Act 1998 (c. 29)

Data-sharing code of practice

Short title

Orders, regulations and rules

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Implementation of E-Commerce and Services directives: penalties

Treatment of convictions in other member States etc

Retention of knives surrendered or seized (Northern Ireland)

Security in tribunal buildings

Community Legal Service: pilot schemes

Exploitation proceeds orders

Relevant offences

Assessment notices

Further amendments of the Data Protection Act 1998 (c. 29)

Orders, regulations and rules

Commencement

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9A

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

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

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

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

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

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

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

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

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

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

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

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

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

Surrender of electronic communications devices: powers of search etc

9B

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

• (9) In this section—

• “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.

Duty or power to suspend or resume investigations

Notification by medical practitioner to senior coroner

Powers of coroners

Public funding for advocacy at certain inquests

Persons suffering from diminished responsibility (Northern Ireland)

Persons suffering from diminished responsibility (Northern Ireland)

Encouraging or assisting suicide (England and Wales)

Encouraging or assisting suicide (Northern Ireland)

Encouraging or assisting suicide: information society services

Genocide, crimes against humanity and war crimes

Abolition of common law libel offences etc

Qualifying offences

Eligibility for special measures: offences involving weapons

Special measures directions for child witnesses

Examination of accused through intermediary

Age of child complainant

Directions to attend through live link

Answering to live link bail

Searches of persons answering to live link bail

Direction of registrar for appeal hearing by live link

Direction of registrar for appeal hearing by live link

Bail: risk of committing an offence causing injury

Bail decisions in murder cases to be made by Crown Court judge

Commissioner for Victims and Witnesses

Commissioner for Victims and Witnesses

Dangerous offenders: terrorism offences (Northern Ireland)

Treatment of convictions in other member States etc

Security in tribunal buildings

Consequential etc amendments and transitional and saving provisions

Further amendments of the Data Protection Act 1998 (c. 29)

Serving while disqualified, failure to attend etc

Research by jurors

5A

• (1) It 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).

• (2) A person researches a case if (and only if) the person—

• (a) intentionally seeks information, and

• (b) when doing so, knows or ought reasonably to know that the information is or may be relevant to the inquest.

• (3) The ways in which a person may seek information include—

• (a) asking a question,

• (b) searching an electronic database, including by means of the internet,

• (c) visiting or inspecting a place or object,

• (d) conducting an experiment, and

• (e) asking another person to seek the information.

• (4) Information relevant to the inquest includes information about—

• (a) a person involved in events relevant to the inquest,

• (b) the senior coroner dealing with the inquest,

• (c) any other person who is involved in the inquest, whether as a lawyer, a witness or otherwise,

• (d) the law relating to the case,

• (e) the law of evidence, and

• (f) procedure at inquests.

• (5) “The inquest period”, in relation to a member of a jury at an inquest, is the period—

• (a) beginning when the person is sworn to inquire into the case, and

• (b) ending when the senior coroner discharges the jury or, if earlier, when the senior coroner discharges the person.

• (6) It 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.

• (7) It is not an offence under this paragraph for a person—

• (a) to attend proceedings at the inquest;

• (b) to seek information from the senior coroner dealing with the case;

• (c) to do anything which the senior coroner dealing with the case directs or authorises the person to do;

• (d) to 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;

• (e) to do anything else which is reasonably necessary in order for the jury to make a determination or finding in the case.

• (8) A 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).

• (9) Proceedings for an offence under this paragraph may only be instituted by or with the consent of the Attorney General.

Sharing research with other jurors

5B

• (1) It is an offence for a member of a jury at an inquest intentionally to disclose information to another member of the jury during the inquest period if—

• (a) the member contravened paragraph 5A in the process of obtaining the information, and

• (b) the information has not been provided at the inquest.

• (2) Information has been provided at the inquest if (and only if) it has been provided as part of—

• (a) evidence presented at the inquest, or

• (b) other information provided to the jury or a juror during the inquest period by, or with the permission of, the senior coroner dealing with the case.

• (3) A 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).

• (4) Proceedings for an offence under this paragraph may not be instituted except by or with the consent of the Attorney General.

• (5) In this paragraph, “the inquest period” has the same meaning as in paragraph 5A.

Jurors engaging in other prohibited conduct

5C

• (1) It 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.

• (3) An offence under this paragraph is committed whether or not the person knows that the conduct is prohibited conduct.

• (4) It 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)).

• (5) It is not an offence under this paragraph for a member of the jury to disclose information to another member of the jury.

• (6) A 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).

• (7) Proceedings for an offence under this paragraph may not be instituted except by or with the consent of the Attorney General.

• (8) In this paragraph, “the inquest period” has the same meaning as in paragraph 5A.

Part 1A — Offence relating to jury's deliberations

Offence

5D

• (1) It is an offence for a person intentionally—

• (a) to 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, or

• (b) to solicit or obtain such information,

subject to the exceptions in paragraphs 5E to 5G.

• (2) A 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).

• (3) Proceedings for an offence under this paragraph may not be instituted except by or with the consent of the Attorney General.

5E

• (1) It 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.

• (2) It is not an offence under paragraph 5D for the senior coroner dealing with that inquest to disclose information—

• (a) for the purposes of dealing with the inquest, or

• (b) for 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.

• (3) It 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.

• (4) It 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).

• (5) In 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.

• (6) The Lord Chancellor must obtain the consent of the Lord Chief Justice before making regulations under this paragraph.

5F

• (1) It is not an offence under paragraph 5D for a person to disclose information to a person listed in sub-paragraph (2) if—

• (a) the disclosure is made after the jury at the inquest mentioned in paragraph 5D(1) has been discharged, and

• (b) the person making the disclosure reasonably believes that—

• (i) an offence or contempt of court has been, or may have been, committed by or in relation to a juror in connection with that inquest, or

• (ii) 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.

• (2) Those persons are—

• (a) a member of a police force;

• (b) the Attorney General's Office;

• (c) a judge of the High Court;

• (d) the Chief Coroner;

• (e) the senior coroner who dealt with the inquest mentioned in paragraph 5D(1);

• (f) a 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).

• (3) It 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.

• (4) It 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—

• (a) whether 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), or

• (b) whether 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.

• (5) It 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.

• (6) It is not an offence under paragraph 5D for a person to disclose information in evidence in—

• (a) proceedings 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),

• (b) proceedings 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, or

• (c) proceedings on any further appeal, reference or investigation arising out of proceedings mentioned in paragraph (a) or (b).

• (7) It 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).

• (8) It is not an offence under paragraph 5D to publish information disclosed as described in sub-paragraph (6).

• (9) In 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.

• (10) The Lord Chancellor must obtain the consent of the Lord Chief Justice before making regulations under this paragraph.

5G

• (1) It is not an offence under paragraph 5D to solicit a disclosure described in paragraph 5E(1) to (4) or paragraph 5F(1) to (8).

• (2) It is not an offence under paragraph 5D to obtain information—

• (a) by means of a disclosure described in paragraph 5E(1) to (4) or paragraph 5F(1) to (8), or

• (b) from a document that is available to the public or a section of the public.

11

Nothing in paragraph 5A, 5B or 5C affects what constitutes contempt of court at common law.

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Persons suffering from diminished responsibility (England and Wales)

Partial defence to murder: loss of control

Infanticide (Northern Ireland)

Encouraging or assisting suicide (England and Wales)

Encouraging or assisting suicide (Northern Ireland)

Encouraging or assisting suicide: information society services

Genocide, crimes against humanity and war crimes

Abolition of common law libel offences etc

Qualifying offences

Special measures directions for child witnesses

Special provisions relating to sexual offences

Examination of accused through intermediary

Directions to attend through live link

Answering to live link bail

Searches of persons answering to live link bail

Use of live link in certain enforcement hearings

Bail decisions in murder cases to be made by Crown Court judge

Detention of persons under section 41 of the Terrorism Act 2000

Interpretation of this Chapter

Appeals against certain confiscation orders (Northern Ireland)

Retention of knives surrendered or seized (Northern Ireland)

Excluded services: help in connection with business matters

Qualifying offenders

Deriving a benefit

Assessment notices

Initial exceptions

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Implementation of E-Commerce and Services directives: penalties

Short title

Initial exceptions

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Inquests without jury to be conducted at hearing or in writing

9C

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

• (a) at a hearing, or

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

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

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

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

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

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

1A

An order under paragraph 2 of Schedule 2 (alteration of coroner areas) may combine two or more coroner areas each of which—

• (a) is wholly within the area of the same local authority, and

• (b) is specified in either—

• (i) the transitional order, or

• (ii) an earlier order made by virtue of this paragraph,

without the resulting coroner area having to satisfy paragraph 1(2) of that Schedule.

Medical examiners: England

18A

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

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

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

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

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

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

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

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

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

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

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

• (a) NHS England,

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

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

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

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

Medical examiners: Wales

18B

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

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

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

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

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

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

• (a) a Local Health Board,

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

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

Deaths related to the Northern Ireland Troubles

11A

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

SCHEDULE 1A

1

• (1) This 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.

• (2) On and after that day a coroner must not progress the conduct of—

• (a) the investigation, or

• (b) the inquest.

• (3) As soon as practicable on or after that day, the senior coroner who is responsible for conducting the investigation must discontinue—

• (a) the investigation, and

• (b) the inquest, including by discharging any jury that has been summoned.

• (4) Any enactment which requires a senior coroner to conduct an investigation or hold an inquest is subject to this paragraph.

2

• (1) This 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.

• (2) The 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.

• (3) A 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.

• (4) The 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.

3

• (1) For the purposes of this Schedule a death “resulted directly from the Troubles” if—

• (a) the 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, and

• (b) the act of violence or force was conduct forming part of the Troubles.

• (2) In 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).

• (3) In this Schedule—

• “inquest” means the inquest that forms part of an investigation;

• “investigation” means an investigation under this Part.

Initial exceptions

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118A

• (1) As soon as practicable after the beginning of each financial year, the Council must submit a business plan for the year to the Lord Chancellor for approval.

• (2) The business plan for a financial year must set out—

• (a) the matters about which the Council proposes to prepare sentencing guidelines in the year, and

• (b) the other activities it proposes to undertake in the year.

• (3) As soon as practicable after receiving a business plan submitted under subsection (1), the Lord Chancellor must consider the plan and decide whether to approve it.

• (4) If the Lord Chancellor approves the business plan for a financial year—

• (a) the Lord Chancellor must notify the Council, and

• (b) the Council must publish the plan once it has been so notified.

• (5) If the Lord Chancellor decides not to approve the business plan for a financial year, the Lord Chancellor must—

• (a) notify the Council, and

• (b) as soon as practicable after doing so, lay before Parliament a document stating the reason for the decision.

Offence

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