Legislation – Coroners and Justice Act 2009
Part 1
Coroners
Chapter 1 Investigations into deaths
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
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
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
13 Investigation in England and Wales despite body being brought to Scotland
Ancillary powers of coroners in relation to deaths
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
19 Medical examiners : supplementary
20 Medical certificate of cause of death
Chapter 3 Coroner areas, appointments etc
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
34 Allowances, fees and expenses
35 Chief Coroner and Deputy Chief Coroners
36 Reports and advice to the Lord Chancellor from the Chief Coroner
38 Medical Adviser and Deputy Medical Advisers to the Chief Coroner
39 Inspection of coroner system
40 Appeals to the Chief Coroner
42 Guidance by the Lord Chancellor
46 Abolition of the office of coroner of the Queen’s household
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
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
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
75 Qualifying criminal investigations
76 Investigation anonymity orders
78 Conditions for making order
79 Appeal against refusal of order
84 Application to armed forces
85 Interpretation of this Chapter
Chapter 2 Anonymity of witnesses
88 Conditions for making order
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
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
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
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
117 Detention of persons under section 41 of the Terrorism Act 2000
Part 4
Sentencing
Chapter 1 Sentencing Council for England and Wales
118 Sentencing Council for England and Wales
123 Preparation or revision of guidelines in urgent cases
124 Proposals by Lord Chancellor or Court of Appeal
125 Sentencing guidelines: duty of court
126 Determination of tariffs etc
127 Resource implications of guidelines
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
133 Assistance by the Lord Chancellor
134 Entrenchment of Lord Chancellor’s functions
135 Abolition of existing sentencing bodies
136 Interpretation of this Chapter
Chapter 2 Other provisions relating to sentencing
137 Extension of driving disqualification
138 Dangerous offenders: terrorism offences (England and Wales)
139 Dangerous offenders: terrorism offences (Northern Ireland)
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
157 Qualifying offenders: service offences
158 Qualifying offenders: supplementary
162 Determination of applications
163 Limits on recoverable 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
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
180 Effect of amendments to provisions applied for purposes of service law
SCHEDULES
Schedule 1 Duty or power to suspend or resume investigations
SCHEDULE 1A Investigations and inquests into Troubles-related deaths
Schedule 3 Appointment etc of senior coroners, area coroners and assistant coroners
Schedule 4 Coroner for Treasure and Assistant Coroners for Treasure
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 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
Changes to legislation:
There are currently no known outstanding effects for the Coroners and Justice Act 2009, Section 35.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Part 1Coroners etc
Chapter 6Governance etc
35Chief Coroner and Deputy Chief Coroners
(1)
Schedule 8 makes provision about the appointment etc of the Chief Coroner and Deputy Chief Coroners.
(2)
The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005 (c. 4)) to exercise any of the functions of the Lord Chief Justice under Schedule 8.