Coroners and Justice Act 2009
Coroners and Justice Act 2009 (2009 c. 25)
- Coroners and Justice Act 2009 (2009 c. 25)
- Part 1 Coroners etc
- 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
- Inquests
- 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
- Suspension
- 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
- Miscellaneous
- 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
- 33 Offences
- 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
- Regulations and rules
- 43 Coroners regulations
- 44 Treasure regulations
- 45 Coroners rules
- Coroner of the Queen's household
- 46 Abolition of the office of coroner of the Queen's household
- Interpretation
- 47 “Interested person”
- 48 Interpretation: general
- Northern Ireland and Scotland amendments
- 49 Amendments to the Coroners Act (Northern Ireland) 1959
- 50 Amendments to the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976
- Amendments of Access to Justice Act 1999
- 51 Public funding for advocacy at certain inquests
- Part 2 Criminal offences
- Chapter 1 Murder, infanticide and suicide
- Partial defence to murder: diminished responsibility
- 52 Persons suffering from diminished responsibility (England and Wales)
- 53 Persons suffering from diminished responsibility (Northern Ireland)
- Partial defence to murder: loss of control
- 54 Partial defence to murder: loss of control
- 55 Meaning of “qualifying trigger”
- 56 Abolition of common law defence of provocation
- Infanticide
- 57 Infanticide (England and Wales)
- 58 Infanticide (Northern Ireland)
- Suicide
- 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
- Prohibited images
- 62 Possession of prohibited images of children
- 63 Exclusion of classified film etc
- 64 Defences
- 65 Meaning of “image” and “child”
- 66 Penalties
- 67 Entry, search, seizure and forfeiture
- 68 Special rules relating to providers of information society services
- Indecent pseudo-photographs of children
- 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
- 72 Conspiracy
- 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
- 83 Review
- 84 Application to armed forces
- 85 Interpretation of this Chapter
- Chapter 2 Anonymity of witnesses
- Witness anonymity orders
- 86 Witness anonymity orders
- 87 Applications
- 88 Conditions for making order
- 89 Relevant considerations
- 90 Warning to jury
- Discharge and variation
- 91 Discharge or variation of order
- 92 Discharge or variation after proceedings
- 93 Discharge or variation by appeal court
- Service courts
- 94 Special provisions for service courts
- Public interest immunity
- 95 Public interest immunity
- The Criminal Evidence (Witness Anonymity) Act 2008
- 96 Power to make orders under the 2008 Act
- Interpretation
- 97 Interpretation of this Chapter
- Chapter 3 Vulnerable and intimidated witnesses
- Special measures for 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
- Evidence of certain accused persons
- 104 Examination of accused through intermediary
- Witnesses protected from cross-examination by accused in person
- 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
- Evidence by video recording
- 111 Effect of admission of video recording
- Evidence of previous complaints
- 112 Admissibility of evidence of previous complaints
- Immunity etc
- 113 Powers in respect of offenders who assist investigations and prosecutions
- Bail
- 114 Bail: risk of committing an offence causing injury
- 115 Bail decisions in murder cases to be made by Crown Court judge
- Unsigned indictments
- 116 Indictment of offenders
- Detention of terrorist suspects
- 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
- Guidelines
- 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
- 128 Monitoring
- 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
- Community Legal Service
- 149 Community Legal Service: pilot schemes
- 150 Excluded services: help in connection with business matters
- Criminal Defence Service
- 151 Criminal Defence Service: information requests
- 152 Criminal Defence Service: enforcement of order to pay cost of representation
- General
- 153 Statutory instruments relating to the Legal Services Commission
- Regulation of certain agreements
- 154 Damages-based agreements relating to employment matters
- Part 7 Criminal memoirs etc
- Exploitation proceeds orders
- 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
- Exercise of power to make orders
- 162 Determination of applications
- 163 Limits on recoverable amount
- 164 The available amount
- 165 Property
- Additional powers
- 166 Effect of conviction being quashed etc
- 167 Powers of court on repeat applications
- 168 Additional proceeds reporting orders
- Investigations
- 169 Exploitation proceeds investigations
- 170 Functions of Serious Organised Crime Agency
- Limitation
- 171 Limitation
- Interpretation
- 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
- 178 Repeals
- 179 Financial provision
- 180 Effect of amendments to provisions applied for purposes of service law
- 181 Extent
- 182 Commencement
- 183 Short title
- Schedules
- Schedule 1 Duty or power to suspend or resume investigations
- Part 1 Suspension of investigations
- Suspension where certain criminal charges may be brought
- Suspension where certain criminal proceedings are brought
- Suspension pending inquiry under Inquiries Act 2005
- General power to suspend
- Effect of suspension
- Part 2 Resumption of investigations
- Resumption of investigation suspended under paragraph 1
- Resumption of investigation suspended under paragraph 2
- Resumption of investigation suspended under paragraph 3
- Resumption of investigation suspended under paragraph 5
- Supplemental
- SCHEDULE 1A Investigations and inquests into Troubles-related deaths
- Obligatory discontinuance of existing investigations and inquests
- New investigations and inquests
- Interpretation
- Schedule 2 Coroner areas
- Coroner areas
- Alteration of coroner areas
- Relevant authorities
- Effect of body being outside coroner area etc
- Schedule 3 Appointment etc of senior coroners, area coroners and assistant coroners
- Part 1 Appointment of senior, area and assistant coroners
- Appointment of senior coroners
- Appointment of area and assistant coroners
- Part 2 Qualifications of senior, area and assistant coroners
- Part 3 Vacancies; functions of area and assistant coroners
- Filling of vacancies
- Person to act as senior coroner in case of vacancy
- Functions of area and assistant coroners
- Part 4 Terms of office of senior, area and assistant coroners
- Status of office
- Vacation or termination of office
- Discipline
- Salary of senior and area coroners
- Fees payable to assistants
- Pensions for senior and area coroners
- Prohibition on receipt of fees etc
- Other terms of office
- Schedule 4 Coroner for Treasure and Assistant Coroners for Treasure
- Part 1 Appointment, qualifications and terms of office of Coroner for Treasure
- Appointment
- Qualifications
- Vacation or termination of office
- Remuneration, allowances and expenses
- Part 2 Designation and remuneration of Assistant Coroners for Treasure
- Designation
- Remuneration, allowances and expenses
- Part 3 Miscellaneous
- Functions of Assistant Coroners for Treasure
- Staff
- Schedule 5 Powers of coroners
- Power to require evidence to be given or produced
- Power of entry, search and seizure
- Exhumation of body for examination
- Action to prevent other deaths
- Schedule 6 Offences
- Part 1 Offences relating to jurors
- Serving while disqualified, failure to attend etc
- Research by jurors
- Sharing research with other jurors
- Jurors engaging in other prohibited conduct
- Part 1A Offence relating to jury's deliberations
- Offence
- Initial exceptions
- Further exceptions
- Exceptions for soliciting disclosures or obtaining information
- Part 2 Offences relating to witnesses and evidence
- Part 3 Miscellaneous
- Schedule 7 Allowances, fees and expenses
- Part 1 Allowances payable to jurors
- Part 2 Allowances payable to witnesses
- Part 3 Miscellaneous fees, allowances and expenses
- Part 4 Meeting or reimbursing expenses
- Part 5 Supplemental
- Schedule 8 Chief Coroner and Deputy Chief Coroners
- Appointment of Chief Coroner
- Appointment of Deputy Chief Coroners
- Resignation or removal
- Remuneration, allowances and expenses
- Exercise of Chief Coroner's functions by Deputy Chief coroner
- Staff
- Schedule 9 Medical adviser and Deputy medical advisers to the Chief Coroner
- Appointment and functions of Medical Adviser to the Chief Coroner
- Appointment and functions of Deputy Medical Advisers to the Chief Coroner
- Qualification for appointment
- Consultation before making appointment
- Terms and conditions of appointment
- Remuneration, allowances and expenses
- Schedule 10 Investigation by Chief Coroner or Coroner for Treasure or by judge, former judge or former coroner
- Investigation by Chief Coroner
- Investigation by Coroner for Treasure
- Investigation by judge, former judge or former coroner
- Appeals
- Investigations already begun
- Schedule 11 Amendments to the Coroners Act (Northern Ireland) 1959
- Witnesses and evidence
- Schedule 12 Encouraging or assisting suicide: providers of information society services
- Domestic service providers: extension of liability
- Non-UK service providers: restriction on institution of proceedings
- Exceptions for mere conduits
- Exception for caching
- Exception for hosting
- Interpretation
- Schedule 13 Prohibited images: providers of information society services
- Domestic service providers: extension of liability
- Non-UK service providers: restriction on institution of proceedings
- Exceptions for mere conduits
- Exception for caching
- Exception for hosting
- Interpretation
- Schedule 14 Schedule 1A to the Youth Justice and Criminal Evidence Act 1999
- Schedule 15 The Sentencing Council for England and Wales
- Constitution of the Council
- Appointment of a person to chair the Council etc
- Appointment of judicial members
- Appointment of non-judicial members
- President of the Council
- Lord Chancellor's representative
- Terms of appointment
- Vacancies etc
- Remuneration etc
- Interpretation
- Schedule 16 Extension of disqualification for driving
- Criminal Justice (Northern Ireland) Order 1980 (S.I. 1980/704 (N.I. 6))
- Road Traffic Offenders Act 1988 (c. 53)
- Criminal Procedure (Scotland) Act 1995 (c. 46)
- Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/1320 (N.I. 10))
- Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
- Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1))
- Schedule 17 Treatment of convictions in other member States etc
- Evidence of bad character
- Bail
- Decision as to allocation
- Seriousness
- Availability of community orders
- Required custodial sentences for certain offences
- Restriction on imposing custodial sentence or service detention
- Young offenders: referral conditions
- Proving of foreign convictions before courts in England and Wales
- Proving of foreign convictions before courts in Northern Ireland
- Schedule 18 Motor vehicle orders
- Schedule 19 Exploitation proceeds investigations
- Schedule 20 Amendments of the Data Protection Act 1998 (c. 29)
- Part 1 Data controllers' registration
- Part 2 Assessment notices
- Part 3 Powers to require information
- Part 4 Restriction on use of information
- Part 5 Monetary penalties: restriction on matters to be taken into account
- Part 6 Warrant for entry and inspection
- Schedule 21 Minor and consequential amendments
- Part 1 Coroners etc
- Cremation Act 1902 (c. 8)
- Births and Deaths Registration Act 1926 (c. 48)
- Visiting Forces Act 1952 (c. 67)
- Births and Deaths Registration Act 1953 (c. 20)
- Courts Act 1971 (c. 23)
- Pensions (Increase) Act 1971 (c. 56)
- Juries Act 1974 (c. 23)
- Health and Safety at Work etc. Act 1974 (c. 37)
- House of Commons Disqualification Act 1975 (c. 24)
- Northern Ireland Assembly Disqualification Act 1975 (c. 25)
- Magistrates' Courts Act 1980 (c. 43)
- Access to Health Records Act 1990 (c. 23)
- Courts and Legal Services Act 1990 (c. 41)
- Judicial Pensions and Retirement Act 1993 (c. 8)
- Merchant Shipping Act 1995 (c. 21)
- Employment Rights Act 1996 (c. 18)
- Treasure Act 1996 (c. 24)
- Northern Ireland (Location of Victims' Remains) Act 1999 (c. 7)
- Freedom of Information Act 2000 (c. 36)
- International Criminal Court Act 2001 (c. 17)
- Courts Act 2003 (c. 39)
- Human Tissue Act 2004 (c. 30)
- Constitutional Reform Act 2005 (c. 4)
- Part 2 Murder and suicide
- Criminal Justice Act 2003 (c. 44)
- Children and Young Persons Act 1933 (c. 12)
- Visiting Forces Act 1952 (c. 67)
- Suicide Act 1961 (c. 60)
- Criminal Justice Act (Northern Ireland) 1966 (c. 20)
- Children and Young Persons Act (Northern Ireland) 1968 (c. 34)
- Criminal Attempts Act 1981 (c. 47)
- Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I. 13))
- Law Reform (Year and a Day Rule) Act 1996 (c. 19)
- Serious Crime Act 2007 (c. 27)
- Part 3 Prohibited images of children
- Sexual Offences Act 2003 (c. 42)
- Criminal Justice Act 2003 (c. 44)
- Armed Forces Act 2006 (c. 52)
- Part 4 Abolition of common law libel offences etc
- Criminal Libel Act 1819 (60 Geo. 3 & 1 Geo. 4 c. 8)
- Libel Act 1843 (c. 96)
- Newspaper Libel and Registration Act 1881 (c. 60)
- Law of Libel Amendment Act 1888 (c. 64)
- Part 5 Witness anonymity orders
- Criminal Appeal Act 1968 (c. 19)
- Court Martial Appeals Act 1968 (c. 20)
- Criminal Appeal (Northern Ireland) Act 1980 (c. 47)
- Part 6 Vulnerable and intimidated witnesses
- Crime and Disorder Act 1998 (c. 37)
- Youth Justice and Criminal Evidence Act 1999 (c. 23)
- Part 7 Bail
- Bail Act 1976 (c. 63)
- Magistrates' Courts Act 1980 (c. 43)
- Supreme Court Act 1981 (c. 54)
- Police and Criminal Evidence Act 1984 (c. 60)
- Crime and Disorder Act 1998 (c. 37)
- Part 8 Sentencing Council for England and Wales
- Parliamentary Commissioner Act 1967 (c. 13)
- Magistrates' Courts Act 1980 (c. 43)
- Crime and Disorder Act 1998 (c. 37)
- Freedom of Information Act 2000 (c. 36)
- Criminal Justice Act 2003 (c. 44)
- Armed Forces Act 2006 (c. 52)
- Part 9 Disqualification for driving
- Road Traffic Offenders Act 1988 (c. 53)
- Criminal Procedure (Scotland) Act 1995 (c. 46)
- Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/1320 (N.I. 10))
- Crime (International Co-operation) Act 2003 (c. 32)
- Part 10 Miscellaneous
- Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
- Criminal Justice Act 2003 (c. 44)
- Animal Welfare Act 2006 (c. 45)
- Legal Services Act 2007 (c. 29)
- Criminal Justice and Immigration Act 2008 (c. 4)
- Schedule 22 Transitional, transitory and saving provisions
- Part 1 Coroners etc
- Coroner areas
- Relevant authorities
- Senior and assistant coroners
- Coroner for Treasure
- Investigation by former coroner
- Interpretation
- Part 2 Criminal offences
- Commencement of Chapter 1 of Part 2
- Suicide
- Prohibited images of children
- Slavery, servitude and forced or compulsory labour
- Part 3 Criminal evidence, investigations and procedure
- Anonymity in investigations
- Anonymity of witnesses
- Vulnerable and intimidated witnesses
- Evidence of previous complaint
- Indictment of offenders
- Part 4 Sentencing
- Sentencing Council for England and Wales
- Driving disqualification
- Dangerous offenders
- Confiscation orders
- Part 5 Miscellaneous
- Treatment of convictions in other member States etc
- Transfer of functions to Parole Board
- Knives in court buildings etc
- Criminal memoirs etc
- Assessment notices
- Assessment of dangerousness and service offences
- Schedule 23 Repeals
- Part 1 Coroners etc
- Part 2 Criminal offences
- Part 3 Criminal evidence and procedure
- Part 4 Sentencing
- Part 5 Miscellaneous criminal justice provisions
- Part 6 Legal aid
- Part 7 Criminal memoirs etc
- Part 8 Data Protection Act 1998
- Part 9 Miscellaneous
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