Legislation – Coroners and Justice Act 2009

Part 1
Coroners

Chapter 1 Investigations into deaths

Duty to investigate

1 Duty to investigate certain deaths

Investigation by other coroner

2 Request for other coroner to conduct investigation

3 Direction for other coroner to conduct investigation

Discontinuance of investigation

4 Discontinuance where cause of death becomes clear before inquest

Purpose of investigation

5 Matters to be ascertained

6 Duty to hold inquest

7 Whether jury required

8 Assembling a jury

9 Determinations and findings by jury

9A Surrender of electronic communications devices by jurors

9B Surrender of electronic communications devices: powers of search etc

9C Inquests without jury to be conducted at hearing or in writing

Outcome of investigation

10 Determinations and findings to be made

11 Duty or power to suspend or resume investigations

Deaths related to the Northern Ireland Troubles

11A Investigations and inquests into Troubles-related deaths

Death of service personnel abroad

12 Investigation in Scotland

13 Investigation in England and Wales despite body being brought to Scotland

Ancillary powers of coroners in relation to deaths

14 Post-mortem examinations

15 Power to remove body

16 Investigations lasting more than a year

17 Monitoring of and training for investigations into deaths of service personnel

Chapter 2 Notification, certification and registration of deaths

18 Notification by medical practitioner to senior coroner

18A Medical examiners: England

18B Medical examiners: Wales

19 Medical examiners : supplementary

20 Medical certificate of cause of death

21 National Medical Examiner

Chapter 3 Coroner areas, appointments etc

22 Coroner areas

23 Appointment etc of senior coroners, area coroners and assistant coroners

24 Provision of staff and accommodation

Chapter 4 Investigations concerning treasure

25 Coroner for Treasure and Assistant Coroners for Treasure

26 Investigations concerning treasure

27 Inquests concerning treasure

28 Outcome of investigations concerning treasure

29 Exception to duty to investigate

30 Duty to notify Coroner for Treasure etc of acquisition of certain objects

31 Code of practice under the Treasure Act 1996

Chapter 5 Further provision to do with investigations and deaths

32 Powers of coroners

34 Allowances, fees and expenses

Chapter 6 Governance etc

35 Chief Coroner and Deputy Chief Coroners

36 Reports and advice to the Lord Chancellor from the Chief Coroner

37 Regulations about training

38 Medical Adviser and Deputy Medical Advisers to the Chief Coroner

39 Inspection of coroner system

40 Appeals to the Chief Coroner

41 Investigation by Chief Coroner or Coroner for Treasure or by judge, former judge or former coroner

42 Guidance by the Lord Chancellor

Chapter 7 Supplementary

43 Coroners regulations

44 Treasure regulations

45 Coroners rules

46 Abolition of the office of coroner of the Queen’s household

47 “Interested person”

48 Interpretation: general

49 Amendments to the Coroners Act (Northern Ireland) 1959

50 Amendments to the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976

51 Public funding for advocacy at certain inquests

Part 2
Criminal offences

Chapter 1 Murder, infanticide and suicide

52 Persons suffering from diminished responsibility (England and Wales)

53 Persons suffering from diminished responsibility (Northern Ireland)

54 Partial defence to murder: loss of control

55 Meaning of “qualifying trigger”

56 Abolition of common law defence of provocation

57 Infanticide (England and Wales)

58 Infanticide (Northern Ireland)

59 Encouraging or assisting suicide (England and Wales)

60 Encouraging or assisting suicide (Northern Ireland)

61 Encouraging or assisting suicide: information society services

Chapter 2 Images of children

62 Possession of prohibited images of children

63 Exclusion of classified film etc

65 Meaning of “image” and “child”

67 Entry, search, seizure and forfeiture

68 Special rules relating to providers of information society services

69 Indecent pseudo-photographs of children: marriage etc

Chapter 3 Other offences

70 Genocide, crimes against humanity and war crimes

71 Slavery, servitude and forced or compulsory labour

73 Abolition of common law libel offences etc

Part 3
Criminal evidence, investigations and procedure

Chapter 1 Anonymity in investigations

74 Qualifying offences

75 Qualifying criminal investigations

76 Investigation anonymity orders

77 Applications

78 Conditions for making order

79 Appeal against refusal of order

80 Discharge of order

81 Delegation of functions

82 Public interest immunity

84 Application to armed forces

85 Interpretation of this Chapter

Chapter 2 Anonymity of witnesses

86 Witness anonymity orders

87 Applications

88 Conditions for making order

89 Relevant considerations

90 Warning to jury

91 Discharge or variation of order

92 Discharge or variation after proceedings

93 Discharge or variation by appeal court

94 Special provisions for service courts

95 Public interest immunity

96 Power to make orders under the 2008 Act

97 Interpretation of this Chapter

Chapter 3 Vulnerable and intimidated witnesses

98 Eligibility for special measures: age of child witnesses

99 Eligibility for special measures: offences involving weapons

100 Special measures directions for child witnesses

101 Special provisions relating to sexual offences

102 Evidence by live link: presence of supporter

103 Video recorded evidence in chief: supplementary testimony

104 Examination of accused through intermediary

105 Age of child complainant

Chapter 4 Live links

106 Directions to attend through live link

107 Answering to live link bail

108 Searches of persons answering to live link bail

109 Use of live link in certain enforcement hearings

110 Direction of registrar for appeal hearing by live link

Chapter 5 Miscellaneous

111 Effect of admission of video recording

112 Admissibility of evidence of previous complaints

113 Powers in respect of offenders who assist investigations and prosecutions

114 Bail: risk of committing an offence causing injury

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

116 Indictment of offenders

117 Detention of persons under section 41 of the Terrorism Act 2000

Part 4
Sentencing

Chapter 1 Sentencing Council for England and Wales

Sentencing Council for England and Wales

118 Sentencing Council for England and Wales

118A Business plan

119 Annual report

120 Sentencing guidelines

121 Sentencing ranges

122 Allocation guidelines

123 Preparation or revision of guidelines in urgent cases

124 Proposals by Lord Chancellor or Court of Appeal

Duties of the court

125 Sentencing guidelines: duty of court

126 Determination of tariffs etc

Other functions of the Council

127 Resource implications of guidelines

129 Promoting awareness

130 Resources: effect of sentencing practice

131 Resources: effect of factors not related to sentencing

132 Duty to assess impact of policy and legislative proposals

Lord Chancellor’s functions

133 Assistance by the Lord Chancellor

134 Entrenchment of Lord Chancellor’s functions

Miscellaneous and general

135 Abolition of existing sentencing bodies

136 Interpretation of this Chapter

Chapter 2 Other provisions relating to sentencing

Driving disqualification

137 Extension of driving disqualification

Dangerous offenders

138 Dangerous offenders: terrorism offences (England and Wales)

139 Dangerous offenders: terrorism offences (Northern Ireland)

Confiscation orders

140 Appeals against certain confiscation orders (England and Wales)

141 Appeals against certain confiscation orders (Northern Ireland)

Part 5
Miscellaneous criminal justice provisions

142 Commissioner for Victims and Witnesses

143 Implementation of E-Commerce and Services directives: penalties

144 Treatment of convictions in other member States etc

145 Transfer to Parole Board of functions under the Criminal Justice Act 1991

146 Retention of knives surrendered or seized (England and Wales)

147 Retention of knives surrendered or seized (Northern Ireland)

148 Security in tribunal buildings

Part 6
Legal aid and other payments for legal services

149 Community Legal Service: pilot schemes

150 Excluded services: help in connection with business matters

151 Criminal Defence Service: information requests

152 Criminal Defence Service: enforcement of order to pay cost of representation

153 Statutory instruments relating to the Legal Services Commission

154 Damages-based agreements relating to employment matters

Part 7
Criminal memoirs etc

155 Exploitation proceeds orders

156 Qualifying offenders

157 Qualifying offenders: service offences

158 Qualifying offenders: supplementary

159 Relevant offences

160 Deriving a benefit

161 Applications

162 Determination of applications

163 Limits on recoverable amount

164 The available amount

166 Effect of conviction being quashed etc

167 Powers of court on repeat applications

168 Additional proceeds reporting orders

169 Exploitation proceeds investigations

170 Functions of Serious Organised Crime Agency

172 Interpretation of this Part

Part 8
Data Protection Act 1998

173 Assessment notices

174 Data-sharing code of practice

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

Part 9
General

176 Orders, regulations and rules

177 Consequential etc amendments and transitional and saving provisions

179 Financial provision

180 Effect of amendments to provisions applied for purposes of service law

182 Commencement

183 Short title

SCHEDULES

Schedule 1 Duty or power to suspend or resume investigations

SCHEDULE 1A Investigations and inquests into Troubles-related deaths

Schedule 2 Coroner areas

Schedule 3 Appointment etc of senior coroners, area coroners and assistant coroners

Schedule 4 Coroner for Treasure and Assistant Coroners for Treasure

Schedule 5 Powers of coroners

Schedule 6 Offences

Schedule 7 Allowances, fees and expenses

Schedule 8 Chief Coroner and Deputy Chief Coroners

Schedule 9 Medical adviser and Deputy medical advisers to the Chief Coroner

Schedule 10 Investigation by Chief Coroner or Coroner for Treasure or by judge, former judge or former coroner

Schedule 11 Amendments to the Coroners Act (Northern Ireland) 1959

Schedule 12 Encouraging or assisting suicide: providers of information society services

Schedule 13 Prohibited images: providers of information society services

Schedule 14 Schedule 1A to the Youth Justice and Criminal Evidence Act 1999

Schedule 15 The Sentencing Council for England and Wales

Schedule 16 Extension of disqualification for driving

Schedule 17 Treatment of convictions in other member States etc

Schedule 18 Motor vehicle orders

Schedule 19 Exploitation proceeds investigations

Schedule 20 Amendments of the Data Protection Act 1998 (c. 29)

Schedule 21 Minor and consequential amendments

Schedule 22 Transitional, transitory and saving provisions

Schedule 23 Repeals

Which version?
Latest available (Revised)
Original (As enacted)

Changes to legislation:

There are currently no known outstanding effects for the Coroners and Justice Act 2009, Section 161.

Changes to Legislation

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Part 7Criminal memoirs etc

Exploitation proceeds orders

161Applications

(1)

A court may not make an exploitation proceeds order except on the application of an enforcement authority.

(2)

“Enforcement authority” means—

(a)

in relation to an application to the High Court in England and Wales or to the High Court in Northern Ireland—

(i)

the F1National Crime Agency, or

(ii)

a person prescribed or of a description prescribed by order made by the Secretary of State;

(b)

in relation to an application to the Court of Session, the Scottish Ministers.

(3)

An enforcement authority (other than the Scottish Ministers) may make such an application only with the consent of—

(a)

in the case of an application to the High Court in England and Wales, the Attorney General;

(b)

in the case of an application to the High Court in Northern Ireland, the Advocate General for Northern Ireland.

(4)

The Secretary of State may by order make such modifications of any provision made by or under Part 8 of the Proceeds of Crime Act 2002 (c. 29) or any other enactment (whenever passed or made) as the Secretary of State considers appropriate in consequence of provision made by an order under subsection (2)(a)(ii).

(5)

In subsection (4) “modification” includes an amendment, addition, revocation or repeal.

F2(6)

In the application of this section to Northern Ireland, in subsections (2)(a)(ii) and (4) references to the Secretary of State are to be read as references to the Department of Justice in Northern Ireland.