The Coroners and Justice Act 2009 (Commencement No. 10) Order 2012

Made: 13th September 2012

The Lord Chancellor and Secretary of State makes this Order in exercise of the powers conferred by the Coroners and Justice Act 2009[^f00001], on the Lord Chancellor, by section 182(4) and, on the Secretary of State, by sections 176(3) and 182(5) of that Act.

Citation and interpretation

1

• (1) This Order may be cited as the Coroners and Justice Act 2009 (Commencement No. 10) Order 2012.

• (2) In this Order, “the 2009 Act” means the Coroners and Justice Act 2009.

Appointed days

2

The following provisions of the 2009 Act shall come into force on 24th September 2012—

• (a) section 12 (death of service personnel abroad, investigation in Scotland); and

• (b) section 50 (amendments to the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976[^f00002]).

3

The following provisions of the 2009 Act shall come into force on 8th October 2012, so far as they are not already in force—

• (a) section 106 (directions to attend through live link);

• (b) section 107 (answering to live link bail);

• (c) section 108 (searches of persons answering to live link bail);

• (d) section 178 (repeals), so far as it relates to the provisions specified in sub-paragraph (e); and

• (e) in Schedule 23 (repeals), Part 3 (criminal evidence and procedure).

Signed

Signed by the authority of the Lord Chancellor and Secretary of State

Helen Grant — Parliamentary Under Secretary of State — Ministry of Justice — 13th September 2012

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order brings into force provisions of the Coroners and Justice Act 2009 (c. 25) (“the 2009 Act”). Article 2 brings sections 12 and 50 of the 2009 Act into force on 24th September 2012. Article 3 brings the provisions it specifies into force on 8th October 2012, to the extent that they are not already in force.

Section 12 of the 2009 Act allows the Secretary of State or Chief Coroner to notify the Lord Advocate that it may be appropriate for a military service-related death which occurred outside the United Kingdom to be investigated under the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 (c. 14) (“the 1976 Act”). Section 50 of the 2009 Act amends the 1976 Act in order to permit such deaths to be investigated as an inquiry.

Section 106(3) of the 2009 Act, which this Order brings fully into force, amends section 57C of the Crime and Disorder Act 1998 (c. 37), which enables the use of a live video link at a preliminary hearing in a magistrates’ court where the accused is in police detention at a police station. The amendment replaces provision requiring the court to obtain the accused’s consent before giving a live link direction with a new requirement that a live link direction may not be given unless the court is satisfied that it is not contrary to the interests of justice to give such a direction. Section 107 of the 2009 Act makes consequential amendments to sections 46ZA and 46A of the Police and Criminal Evidence Act 1984 (c. 60) (“the 1984 Act”) which make provision relating to live link bail.

Section 108 of the 2009 Act inserts new sections 54B and 54C of the 1984 Act, and paragraph 27A of Schedule 4 to the Police Reform Act 2002 (c. 30), to allow persons answering to live link bail at a police station to be searched.

Footnotes

[^f00001]: 2009 c. 25.

[^f00002]: 1976 c. 14.