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Chwiliad Uwch

Coroners and Justice Act 2009

Changes to legislation:

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  1. Introductory Text

  2. Part 1 Coroners etc

    1. Chapter 1 Investigations into deaths

      1. Duty to investigate

        1. 1.Duty to investigate certain deaths

      2. Investigation by other coroner

        1. 2.Request for other coroner to conduct investigation

        2. 3.Direction for other coroner to conduct investigation

      3. Discontinuance of investigation

        1. 4.Discontinuance where cause of death revealed by post-mortem examination

      4. Purpose of investigation

        1. 5.Matters to be ascertained

      5. Inquests

        1. 6.Duty to hold inquest

        2. 7.Whether jury required

        3. 8.Assembling a jury

        4. 9.Determinations and findings by jury

      6. Outcome of investigation

        1. 10.Determinations and findings to be made

      7. Suspension

        1. 11.Duty or power to suspend or resume investigations

      8. Death of service personnel abroad

        1. 12.Investigation in Scotland

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

      9. Ancillary powers of coroners in relation to deaths

        1. 14.Post-mortem examinations

        2. 15.Power to remove body

      10. Miscellaneous

        1. 16.Investigations lasting more than a year

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

    2. Chapter 2 Notification, certification and registration of deaths

      1. 18.Notification by medical practitioner to senior coroner

      2. 19.Medical examiners

      3. 20.Medical certificate of cause of death

      4. 21.National Medical Examiner

    3. Chapter 3 Coroner areas, appointments etc

      1. 22.Coroner areas

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

      3. 24.Provision of staff and accommodation

    4. Chapter 4 Investigations concerning treasure

      1. 25.Coroner for Treasure and Assistant Coroners for Treasure

      2. 26.Investigations concerning treasure

      3. 27.Inquests concerning treasure

      4. 28.Outcome of investigations concerning treasure

      5. 29.Exception to duty to investigate

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

      7. 31.Code of practice under the Treasure Act 1996

    5. Chapter 5 Further provision to do with investigations and deaths

      1. 32.Powers of coroners

      2. 33.Offences

      3. 34.Allowances, fees and expenses

    6. Chapter 6 Governance etc

      1. 35.Chief Coroner and Deputy Chief Coroners

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

      3. 37.Regulations about training

      4. 38.Medical Adviser and Deputy Medical Advisers to the Chief Coroner

      5. 39.Inspection of coroner system

      6. 40.Appeals to the Chief Coroner

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

      8. 42.Guidance by the Lord Chancellor

    7. Chapter 7 Supplementary

      1. Regulations and rules

        1. 43.Coroners regulations

        2. 44.Treasure regulations

        3. 45.Coroners rules

      2. Coroner of the Queen's household

        1. 46.Abolition of the office of coroner of the Queen's household

      3. Interpretation

        1. 47.“Interested person”

        2. 48.Interpretation: general

      4. Northern Ireland and Scotland amendments

        1. 49.Amendments to the Coroners Act (Northern Ireland) 1959

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

      5. Amendments of Access to Justice Act 1999

        1. 51.Public funding for advocacy at certain inquests

  3. Part 2 Criminal offences

    1. Chapter 1 Murder, infanticide and suicide

      1. Partial defence to murder: diminished responsibility

        1. 52.Persons suffering from diminished responsibility (England and Wales)

        2. 53.Persons suffering from diminished responsibility (Northern Ireland)

      2. Partial defence to murder: loss of control

        1. 54.Partial defence to murder: loss of control

        2. 55.Meaning of “qualifying trigger”

        3. 56.Abolition of common law defence of provocation

      3. Infanticide

        1. 57.Infanticide (England and Wales)

        2. 58.Infanticide (Northern Ireland)

      4. Suicide

        1. 59.Encouraging or assisting suicide (England and Wales)

        2. 60.Encouraging or assisting suicide (Northern Ireland)

        3. 61.Encouraging or assisting suicide: information society services

    2. Chapter 2 Images of children

      1. Prohibited images

        1. 62.Possession of prohibited images of children

        2. 63.Exclusion of classified film etc

        3. 64.Defences

        4. 65.Meaning of “image” and “child”

        5. 66.Penalties

        6. 67.Entry, search, seizure and forfeiture

        7. 68.Special rules relating to providers of information society services

      2. Indecent pseudo-photographs of children

        1. 69.Indecent pseudo-photographs of children: marriage etc

    3. Chapter 3 Other offences

      1. 70.Genocide, crimes against humanity and war crimes

      2. 71.Slavery, servitude and forced or compulsory labour

      3. 72.Conspiracy

      4. 73.Abolition of common law libel offences etc

  4. Part 3 Criminal evidence, investigations and procedure

    1. Chapter 1 Anonymity in investigations

      1. 74.Qualifying offences

      2. 75.Qualifying criminal investigations

      3. 76.Investigation anonymity orders

      4. 77.Applications

      5. 78.Conditions for making order

      6. 79.Appeal against refusal of order

      7. 80.Discharge of order

      8. 81.Delegation of functions

      9. 82.Public interest immunity

      10. 83.Review

      11. 84.Application to armed forces

      12. 85.Interpretation of this Chapter

    2. Chapter 2 Anonymity of witnesses

      1. Witness anonymity orders

        1. 86.Witness anonymity orders

        2. 87.Applications

        3. 88.Conditions for making order

        4. 89.Relevant considerations

        5. 90.Warning to jury

      2. Discharge and variation

        1. 91.Discharge or variation of order

        2. 92.Discharge or variation after proceedings

        3. 93.Discharge or variation by appeal court

      3. Service courts

        1. 94.Special provisions for service courts

      4. Public interest immunity

        1. 95.Public interest immunity

      5. The Criminal Evidence (Witness Anonymity) Act 2008

        1. 96.Power to make orders under the 2008 Act

      6. Interpretation

        1. 97.Interpretation of this Chapter

    3. Chapter 3 Vulnerable and intimidated witnesses

      1. Special measures for vulnerable and intimidated witnesses

        1. 98.Eligibility for special measures: age of child witnesses

        2. 99.Eligibility for special measures: offences involving weapons

        3. 100.Special measures directions for child witnesses

        4. 101.Special provisions relating to sexual offences

        5. 102.Evidence by live link: presence of supporter

        6. 103.Video recorded evidence in chief: supplementary testimony

      2. Evidence of certain accused persons

        1. 104.Examination of accused through intermediary

      3. Witnesses protected from cross-examination by accused in person

        1. 105.Age of child complainant

    4. Chapter 4 Live links

      1. 106.Directions to attend through live link

      2. 107.Answering to live link bail

      3. 108.Searches of persons answering to live link bail

      4. 109.Use of live link in certain enforcement hearings

      5. 110.Direction of registrar for appeal hearing by live link

    5. Chapter 5 Miscellaneous

      1. Evidence by video recording

        1. 111.Effect of admission of video recording

      2. Evidence of previous complaints

        1. 112.Admissibility of evidence of previous complaints

      3. Immunity etc

        1. 113.Powers in respect of offenders who assist investigations and prosecutions

      4. Bail

        1. 114.Bail: risk of committing an offence causing injury

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

      5. Unsigned indictments

        1. 116.Indictment of offenders

      6. Detention of terrorist suspects

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

  5. Part 4 Sentencing

    1. Chapter 1 Sentencing Council for England and Wales

      1. Sentencing Council for England and Wales

        1. 118.Sentencing Council for England and Wales

        2. 119.Annual report

      2. Guidelines

        1. 120.Sentencing guidelines

        2. 121.Sentencing ranges

        3. 122.Allocation guidelines

        4. 123.Preparation or revision of guidelines in urgent cases

        5. 124.Proposals by Lord Chancellor or Court of Appeal

      3. Duties of the court

        1. 125.Sentencing guidelines: duty of court

        2. 126.Determination of tariffs etc

      4. Other functions of the Council

        1. 127.Resource implications of guidelines

        2. 128.Monitoring

        3. 129.Promoting awareness

        4. 130.Resources: effect of sentencing practice

        5. 131.Resources: effect of factors not related to sentencing

        6. 132.Duty to assess impact of policy and legislative proposals

      5. Lord Chancellor's functions

        1. 133.Assistance by the Lord Chancellor

        2. 134.Entrenchment of Lord Chancellor's functions

      6. Miscellaneous and general

        1. 135.Abolition of existing sentencing bodies

        2. 136.Interpretation of this Chapter

    2. Chapter 2 Other provisions relating to sentencing

      1. Driving disqualification

        1. 137.Extension of driving disqualification

      2. Dangerous offenders

        1. 138.Dangerous offenders: terrorism offences (England and Wales)

        2. 139.Dangerous offenders: terrorism offences (Northern Ireland)

      3. Confiscation orders

        1. 140.Appeals against certain confiscation orders (England and Wales)

        2. 141.Appeals against certain confiscation orders (Northern Ireland)

  6. Part 5 Miscellaneous criminal justice provisions

    1. 142.Commissioner for Victims and Witnesses

    2. 143.Implementation of E-Commerce and Services directives: penalties

    3. 144.Treatment of convictions in other member States etc

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

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

    6. 147.Retention of knives surrendered or seized (Northern Ireland)

    7. 148.Security in tribunal buildings

  7. Part 6 Legal aid and other payments for legal services

    1. Community Legal Service

      1. 149.Community Legal Service: pilot schemes

      2. 150.Excluded services: help in connection with business matters

    2. Criminal Defence Service

      1. 151.Criminal Defence Service: information requests

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

    3. General

      1. 153.Statutory instruments relating to the Legal Services Commission

    4. Regulation of certain agreements

      1. 154.Damages-based agreements relating to employment matters

  8. Part 7 Criminal memoirs etc

    1. Exploitation proceeds orders

      1. 155.Exploitation proceeds orders

      2. 156.Qualifying offenders

      3. 157.Qualifying offenders: service offences

      4. 158.Qualifying offenders: supplementary

      5. 159.Relevant offences

      6. 160.Deriving a benefit

      7. 161.Applications

    2. Exercise of power to make orders

      1. 162.Determination of applications

      2. 163.Limits on recoverable amount

      3. 164.The available amount

      4. 165.Property

    3. Additional powers

      1. 166.Effect of conviction being quashed etc

      2. 167.Powers of court on repeat applications

      3. 168.Additional proceeds reporting orders

    4. Investigations

      1. 169.Exploitation proceeds investigations

      2. 170.Functions of Serious Organised Crime Agency

    5. Limitation

      1. 171.Limitation

    6. Interpretation

      1. 172.Interpretation of this Part

  9. Part 8 Data Protection Act 1998

    1. 173.Assessment notices

    2. 174.Data-sharing code of practice

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

  10. Part 9 General

    1. 176.Orders, regulations and rules

    2. 177.Consequential etc amendments and transitional and saving provisions

    3. 178.Repeals

    4. 179.Financial provision

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

    6. 181.Extent

    7. 182.Commencement

    8. 183.Short title

  11. Schedules

    1. Schedule 1

      Duty or power to suspend or resume investigations

      1. Part 1 Suspension of investigations

        1. Suspension where certain criminal charges may be brought

          1. 1.(1) A senior coroner must suspend an investigation under this...

        2. Suspension where certain criminal proceedings are brought

          1. 2.(1) Subject to sub-paragraph (6), a senior coroner must suspend...

        3. Suspension pending inquiry under Inquiries Act 2005

          1. 3.(1) Subject to sub-paragraph (2), a senior coroner must suspend...

          2. 4.(1) This paragraph applies where an investigation is suspended under...

        4. General power to suspend

          1. 5.A senior coroner may suspend an investigation under this Part...

        5. Effect of suspension

          1. 6.(1) Where an investigation is suspended under this Schedule, the...

      2. Part 2 Resumption of investigations

        1. Resumption of investigation suspended under paragraph 1

          1. 7.An investigation that is suspended under paragraph 1 must be...

        2. Resumption of investigation suspended under paragraph 2

          1. 8.(1) An investigation that is suspended under paragraph 2 may...

        3. Resumption of investigation suspended under paragraph 3

          1. 9.(1) Where an investigation is suspended under paragraph 3—

        4. Resumption of investigation suspended under paragraph 5

          1. 10.An investigation that is suspended under paragraph 5 may be...

        5. Supplemental

          1. 11.(1) Where an investigation is resumed under this Schedule, the...

    2. Schedule 2

      Coroner areas

      1. Coroner areas

        1. 1.(1) England and Wales is to be divided into areas...

      2. Alteration of coroner areas

        1. 2.(1) The Lord Chancellor may make orders altering coroner areas....

      3. Relevant authorities

        1. 3.(1) This paragraph sets out for the purposes of this...

      4. Effect of body being outside coroner area etc

        1. 4.(1) This paragraph applies where— (a) a senior coroner is...

    3. Schedule 3

      Appointment etc of senior coroners, area coroners and assistant coroners

      1. Part 1 Appointment of senior, area and assistant coroners

        1. Appointment of senior coroners

          1. 1.(1) The relevant authority for each coroner area must appoint...

        2. Appointment of area and assistant coroners

          1. 2.(1) The Lord Chancellor may by order require the appointment,...

      2. Part 2 Qualifications of senior, area and assistant coroners

        1. 3.To be eligible for appointment as a senior coroner, area...

        2. 4.(1) A person who is a councillor for a local...

      3. Part 3 Vacancies; functions of area and assistant coroners

        1. Filling of vacancies

          1. 5.(1) This paragraph applies where a vacancy occurs—

          2. 6.(1) This paragraph applies where— (a) a vacancy occurs in...

        2. Person to act as senior coroner in case of vacancy

          1. 7.(1) This paragraph applies where a vacancy occurs in the...

        3. Functions of area and assistant coroners

          1. 8.(1) An area coroner or assistant coroner for an area...

      4. Part 4 Terms of office of senior, area and assistant coroners

        1. Status of office

          1. 9.The offices of senior coroner, area coroner and assistant coroner...

        2. Vacation or termination of office

          1. 10.A senior coroner, area coroner or assistant coroner must vacate...

          2. 11.(1) The senior coroner or an area coroner or assistant...

          3. 12.The senior coroner or an area coroner or assistant coroner...

          4. 13.(1) The Lord Chancellor may, with the agreement of the...

        3. Discipline

          1. 14.Chapter 3 of Part 4 of the Constitutional Reform Act...

        4. Salary of senior and area coroners

          1. 15.(1) The senior coroner for an area is entitled to...

        5. Fees payable to assistants

          1. 16.(1) An assistant coroner for an area is entitled to...

        6. Pensions for senior and area coroners

          1. 17.A relevant authority for a coroner area must make provision...

        7. Prohibition on receipt of fees etc

          1. 18.Except as permitted by or under this or any other...

        8. Other terms of office

          1. 19.Subject to the preceding provisions of this Part, the senior...

    4. Schedule 4

      Coroner for Treasure and Assistant Coroners for Treasure

      1. Part 1 Appointment, qualifications and terms of office of Coroner for Treasure

        1. Appointment

          1. 1.The Lord Chancellor may appoint a person as the Coroner...

        2. Qualifications

          1. 2.To be eligible for appointment as the Coroner for Treasure,...

        3. Vacation or termination of office

          1. 3.The Coroner for Treasure must vacate office on reaching the...

          2. 4.The Coroner for Treasure may resign office by giving notice...

          3. 5.(1) The Lord Chancellor may, with the agreement of the...

        4. Remuneration, allowances and expenses

          1. 6.(1) The Lord Chancellor may pay to the Coroner for...

      2. Part 2 Designation and remuneration of Assistant Coroners for Treasure

        1. Designation

          1. 7.The Chief Coroner may designate one or more assistant coroners...

          2. 8.A person who is designated under paragraph 7 to act...

          3. 9.A person's designation under that paragraph ceases to have effect—...

        2. Remuneration, allowances and expenses

          1. 10.(1) The Lord Chancellor may pay to an Assistant Coroner...

      3. Part 3 Miscellaneous

        1. Functions of Assistant Coroners for Treasure

          1. 11.(1) An Assistant Coroner for Treasure may perform any functions...

        2. Staff

          1. 12.(1) The Lord Chancellor may appoint staff to assist the...

    5. Schedule 5

      Powers of coroners

      1. Power to require evidence to be given or produced

        1. 1.(1) A senior coroner may by notice require a person...

        2. 2.(1) A person may not be required to give, produce...

      2. Power of entry, search and seizure

        1. 3.(1) A senior coroner conducting an investigation under this Part,...

        2. 4.(1) The person by whom an authorisation under paragraph 3(1)...

        3. 5.(1) A power under paragraph 3(4) is not exercisable unless...

      3. Exhumation of body for examination

        1. 6.(1) A senior coroner may order the exhumation of a...

      4. Action to prevent other deaths

        1. 7.(1) Where— (a) a senior coroner has been conducting an...

    6. Schedule 6

      Offences

      1. Part 1 Offences relating to jurors

        1. 1.(1) It is an offence for a person to serve...

        2. 2.(1) It is an offence for a person—

        3. 3.(1) It is an offence for a person who is...

        4. 4.(1) It is an offence for a person to make...

        5. 5.(1) A senior coroner, or (as the case may be)...

      2. Part 2 Offences relating to witnesses and evidence

        1. 6.A senior coroner, or (as the case may be) the...

        2. 7.(1) It is an offence for a person to do...

        3. 8.(1) It is an offence for a person, in giving...

      3. Part 3 Miscellaneous

        1. 9.(1) The powers of a senior coroner or the Coroner...

        2. 10.In relation to an offence committed before the commencement of...

    7. Schedule 7

      Allowances, fees and expenses

      1. Part 1 Allowances payable to jurors

        1. 1.A person who serves as a juror at an inquest...

        2. 2.But a person is entitled to receive payments by way...

        3. 3.Regulations may prescribe the rates of any allowances payable under...

        4. 4.The amount due to a person under paragraph 1 is...

      2. Part 2 Allowances payable to witnesses

        1. 5.(1) Regulations may prescribe the allowances that may be paid...

      3. Part 3 Miscellaneous fees, allowances and expenses

        1. 6.Regulations may prescribe the fees and allowances that may be...

        2. 7.(1) A relevant authority for a coroner area may issue...

        3. 8.Regulations may prescribe the fees payable to coroners for supplying...

      4. Part 4 Meeting or reimbursing expenses

        1. 9.(1) Regulations may make provision for or in connection with...

      5. Part 5 Supplemental

        1. 10.For the purposes of paragraph 1, a person who attends...

        2. 11.(1) The power to make regulations under this Schedule is...

    8. Schedule 8

      Chief Coroner and Deputy Chief Coroners

      1. Appointment of Chief Coroner

        1. 1.(1) The Lord Chief Justice may appoint a person as...

      2. Appointment of Deputy Chief Coroners

        1. 2.(1) The Lord Chief Justice may secure the appointment as...

      3. Resignation or removal

        1. 3.(1) The Chief Coroner, or a Deputy Chief Coroner appointed...

        2. 4.(1) The Lord Chief Justice may, after consulting the Lord...

      4. Remuneration, allowances and expenses

        1. 5.The Lord Chancellor may pay to the Chief Coroner—

        2. 6.The Lord Chancellor may pay to a Deputy Chief Coroner—...

        3. 7.A reference in paragraph 5 or 6 to paying expenses...

      5. Exercise of Chief Coroner's functions by Deputy Chief coroner

        1. 8.(1) A Deputy Chief Coroner may perform any functions of...

      6. Staff

        1. 9.(1) The Lord Chancellor must appoint staff to assist the...

    9. Schedule 9

      Medical adviser and Deputy medical advisers to the Chief Coroner

      1. Appointment and functions of Medical Adviser to the Chief Coroner

        1. 1.The Lord Chancellor may appoint a person as Medical Adviser...

      2. Appointment and functions of Deputy Medical Advisers to the Chief Coroner

        1. 2.(1) The Lord Chancellor may appoint however many Deputy Medical...

      3. Qualification for appointment

        1. 3.A person may be appointed as the Medical Adviser or...

      4. Consultation before making appointment

        1. 4.Before appointing a person as the Medical Adviser or as...

      5. Terms and conditions of appointment

        1. 5.The appointment of a person as the Medical Adviser or...

      6. Remuneration, allowances and expenses

        1. 6.(1) The Lord Chancellor may pay to the Medical Adviser—...

    10. Schedule 10

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

      1. Investigation by Chief Coroner

        1. 1.(1) The Chief Coroner may conduct an investigation into a...

      2. Investigation by Coroner for Treasure

        1. 2.(1) The Chief Coroner may direct the Coroner for Treasure...

      3. Investigation by judge, former judge or former coroner

        1. 3.(1) If requested to do so by the Chief Coroner,...

      4. Appeals

        1. 4.(1) Where— (a) by virtue of this Schedule an investigation...

      5. Investigations already begun

        1. 5.A reference in this Schedule to conducting an investigation, in...

    11. Schedule 11

      Amendments to the Coroners Act (Northern Ireland) 1959

      1. Witnesses and evidence

        1. 1.In the Coroners Act (Northern Ireland) 1959 (c. 15), for...

        2. 2.Omit sections 19 (service of summonses) and 20 (provisions as...

    12. Schedule 12

      Encouraging or assisting suicide: providers of information society services

      1. Domestic service providers: extension of liability

        1. 1.(1) This paragraph applies where a service provider is established...

        2. 2.(1) This paragraph applies where a service provider is established...

      2. Non-UK service providers: restriction on institution of proceedings

        1. 3.(1) This paragraph applies where a service provider is established...

      3. Exceptions for mere conduits

        1. 4.(1) A service provider is not capable of being guilty...

      4. Exception for caching

        1. 5.(1) This paragraph applies where an information society service consists...

      5. Exception for hosting

        1. 6.(1) A service provider is not capable of being guilty...

      6. Interpretation

        1. 7.(1) This paragraph applies for the purposes of this Schedule....

    13. Schedule 13

      Prohibited images: providers of information society services

      1. Domestic service providers: extension of liability

        1. 1.(1) This paragraph applies where a service provider is established...

      2. Non-UK service providers: restriction on institution of proceedings

        1. 2.(1) This paragraph applies where a service provider is established...

      3. Exceptions for mere conduits

        1. 3.(1) A service provider is not capable of being guilty...

      4. Exception for caching

        1. 4.(1) This paragraph applies where an information society service consists...

      5. Exception for hosting

        1. 5.(1) A service provider is not capable of being guilty...

      6. Interpretation

        1. 6.(1) This paragraph applies for the purposes of this Schedule....

    14. Schedule 14

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

      1. The following is the Schedule to be inserted as Schedule...

    15. Schedule 15

      The Sentencing Council for England and Wales

      1. Constitution of the Council

        1. 1.The Council is to consist of— (a) 8 members appointed...

      2. Appointment of a person to chair the Council etc

        1. 2.The Lord Chief Justice must, with the agreement of the...

      3. Appointment of judicial members

        1. 3.(1) A person is eligible for appointment as a judicial...

      4. Appointment of non-judicial members

        1. 4.(1) A person is eligible for appointment as a non-judicial...

      5. President of the Council

        1. 5.(1) The Lord Chief Justice is to have the title...

      6. Lord Chancellor's representative

        1. 6.(1) The Lord Chancellor may appoint a person to attend...

      7. Terms of appointment

        1. 7.(1) The Lord Chancellor may by order make provision—

      8. Vacancies etc

        1. 8.The validity of anything done by the Council is not...

      9. Remuneration etc

        1. 9.(1) The Lord Chancellor may pay— (a) to any judicial...

      10. Interpretation

        1. 10.In this Schedule “lay justice” means a justice of the...

    16. Schedule 16

      Extension of disqualification for driving

      1. Criminal Justice (Northern Ireland) Order 1980 (S.I. 1980/704 (N.I. 6))

        1. 1.After Article 8 of the Criminal Justice (Northern Ireland) Order...

      2. Road Traffic Offenders Act 1988 (c. 53)

        1. 2.(1) The Road Traffic Offenders Act 1988 is amended as...

      3. Criminal Procedure (Scotland) Act 1995 (c. 46)

        1. 3.After section 248C of the Criminal Procedure (Scotland) Act 1995...

      4. Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/1320 (N.I. 10))

        1. 4.After Article 40 of the Road Traffic Offenders (Northern Ireland)...

      5. Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

        1. 5.(1) After section 147 of the Powers of Criminal Courts...

      6. Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1))

        1. 6.After Article 91 of the Criminal Justice (Northern Ireland) Order...

    17. Schedule 17

      Treatment of convictions in other member States etc

      1. Evidence of bad character

        1. 1.(1) The Criminal Justice Act 2003 (c. 44) is amended...

        2. 2.(1) The Criminal Justice (Evidence) (Northern Ireland) Order 2004 (S.I....

      2. Bail

        1. 3.(1) Section 25 of the Criminal Justice and Public Order...

      3. Decision as to allocation

        1. 4.(1) Section 19 of the Magistrates' Courts Act 1980 (c....

        2. 5.(1) Paragraph 9 of Schedule 3 to the Crime and...

      4. Seriousness

        1. 6.(1) Section 143 of the Criminal Justice Act 2003 (determining...

        2. 7.(1) Section 238 of the Armed Forces Act 2006 (c....

      5. Availability of community orders

        1. 8.. . . . . . . . . ....

        2. 9.(1) Section 270B of the Armed Forces Act 2006 (c....

      6. Required custodial sentences for certain offences

        1. 10.(1) Chapter 3 of Part 5 of the Powers of...

      7. Restriction on imposing custodial sentence or service detention

        1. 11.In section 263 of the Armed Forces Act 2006 (c....

      8. Young offenders: referral conditions

        1. 12.(1) Section 17 of the Powers of Criminal Courts (Sentencing)...

      9. Proving of foreign convictions before courts in England and Wales

        1. 13.(1) Section 73 of the Police and Criminal Evidence Act...

        2. 14.(1) Section 74 of that Act (conviction as evidence of...

        3. 15.In section 75 of that Act (provisions supplementary to section...

      10. Proving of foreign convictions before courts in Northern Ireland

        1. 16.(1) Article 71 of the Police and Criminal Evidence (Northern...

        2. 17.(1) Article 72 of that Order (conviction as evidence of...

        3. 18.In Article 73 of that Order (provisions supplementary to Article...

    18. Schedule 18

      Motor vehicle orders

      1. The following is the Schedule to be inserted as Schedule...

    19. Schedule 19

      Exploitation proceeds investigations

      1. 1.Part 8 of the Proceeds of Crime Act 2002 (c....

      2. 2.In section 341 (investigations), after subsection (4) add—

      3. 3.In section 342 (offences of prejudicing investigation)—

      4. 4.In section 343(3) (judges) after “civil recovery investigation” insert “...

      5. 5.In section 344(b) (courts) after “civil recovery investigation” insert “...

      6. 6.In section 345(2) (production orders), in paragraph (a) after “confiscation...

      7. 7.In section 346 (requirements for making of production order)—

      8. 8.In section 350(5) (government departments), in paragraph (b) after “civil...

      9. 9.In section 351(8) (supplementary) after “civil recovery investigation” insert “...

      10. 10.In section 352 (search and seizure warrants)—

      11. 11.In section 353 (requirements where production order not available)—

      12. 12.In section 356 (further provision: civil recovery), in subsection (1)...

      13. 13.In section 357 (disclosure orders)— (a) after subsection (3)(b) add...

      14. 14.In section 358(2) (requirements for making of disclosure order) after...

      15. 15.In section 362(5) (supplementary) after “investigation” add “ or an...

      16. 16.In section 363(2) (customer information orders), in paragraph (a) after...

      17. 17.In section 370(2) (account monitoring orders), in paragraph (a) after...

      18. 18.After section 378(6) (officers) insert— (6A) In relation to an...

    20. Schedule 20

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

      1. Part 1 Data controllers' registration

        1. 1.In section 16 of the Data Protection Act 1998 (meaning...

        2. 2.In section 18 of that Act (notification by data controllers),...

        3. 3.In section 19 of that Act (register of notifications), after...

        4. 4.In section 20 of that Act (duty to notify changes),...

      2. Part 2 Assessment notices

        1. 5.(1) Section 48 of that Act (rights of appeal) is...

        2. 6.In section 67 of that Act (general provision about orders...

        3. 7.In section 70(1) of that Act (supplementary definitions) for the...

      3. Part 3 Powers to require information

        1. 8.(1) Section 43 of that Act (information notices) is amended...

        2. 9.(1) Section 44 of that Act (special information notices) is...

      4. Part 4 Restriction on use of information

        1. 10.(1) Section 43 of that Act (information notices) is amended...

        2. 11.(1) Section 44 of that Act (special information notices) is...

        3. 12.(1) Paragraph 11 of Schedule 7 to that Act (miscellaneous...

      5. Part 5 Monetary penalties: restriction on matters to be taken into account

        1. 13.In section 55A of that Act (power of Commissioner to...

      6. Part 6 Warrant for entry and inspection

        1. 14.(1) Schedule 9 to that Act (powers of entry and...

    21. Schedule 21

      Minor and consequential amendments

      1. Part 1 Coroners etc

        1. Cremation Act 1902 (c. 8)

          1. 1.In section 10 of the Cremation Act 1902 (saving for...

        2. Births and Deaths Registration Act 1926 (c. 48)

          1. 2.The Births and Deaths Registration Act 1926 is amended as...

          2. 3.In section 4 (prohibition of removal of body out of...

          3. 4.In section 5 (burial of still-born children), for the words...

        3. Visiting Forces Act 1952 (c. 67)

          1. 5.(1) Section 7 of the Visiting Forces Act 1952 (provisions...

        4. Births and Deaths Registration Act 1953 (c. 20)

          1. 6.The Births and Deaths Registration Act 1953 is amended as...

          2. 7.In section 2 (information concerning birth to be given to...

          3. 8.(1) Section 16 (information concerning death in a house) is...

          4. 9.(1) Section 17 (information concerning other deaths) is amended as...

          5. 10.(1) Section 18 (notice preliminary to information of death) is...

          6. 11.(1) In section 19 (registrar's power to require information concerning...

          7. 12.In section 20 (registration of death free of charge) omit...

          8. 13.Omit section 21 (registration of death after twelve months).

          9. 14.For section 22 substitute— Registration of cause of death on...

          10. 15.(1) Section 23 (furnishing of information by coroner) is amended...

          11. 16.(1) Section 23A (giving of information concerning a death to...

          12. 17.In section 24 (certificates as to registration of death), in...

          13. 18.(1) Section 29 (correction of error in registers) is amended...

          14. 19.After section 33 insert— Short certificate of death (1) Any person shall— (a) on furnishing the prescribed particulars,...

          15. 20.In section 34 (entry in register as evidence of birth...

          16. 21.(1) In section 41 (interpretation) insert the following definitions at...

        5. Courts Act 1971 (c. 23)

          1. 22.In Schedule 2 to the Courts Act 1971 (certain office-holders...

        6. Pensions (Increase) Act 1971 (c. 56)

          1. 23.In Schedule 2 to the Pensions (Increase) Act 1971 (official...

        7. Juries Act 1974 (c. 23)

          1. 24.In section 19 of the Juries Act 1974 (payment for...

        8. Health and Safety at Work etc. Act 1974 (c. 37)

          1. 25.(1) In section 34 of the Health and Safety at...

        9. House of Commons Disqualification Act 1975 (c. 24)

          1. 26.In Part 3 of Schedule 1 to the House of...

        10. Northern Ireland Assembly Disqualification Act 1975 (c. 25)

          1. 27.In Part 3 of Schedule 1 to the Northern Ireland...

        11. Magistrates' Courts Act 1980 (c. 43)

          1. 28.In Schedule 6A to the Magistrates' Courts Act 1980 (fines...

        12. Access to Health Records Act 1990 (c. 23)

          1. 29.(1) Section 3 of the Access to Health Records Act...

        13. Courts and Legal Services Act 1990 (c. 41)

          1. 30.In Schedule 11 to the Courts and Legal Services Act...

        14. Judicial Pensions and Retirement Act 1993 (c. 8)

          1. 31.In Part 2 of Schedule 1 to the Judicial Pensions...

        15. Merchant Shipping Act 1995 (c. 21)

          1. 32.The Merchant Shipping Act 1995 is amended as follows.

          2. 33.In section 108 (returns of births and deaths in ships...

          3. 34.In section 271 (inquiries into deaths of crew members and...

          4. 35.(1) Section 273 (transmission of particulars of certain deaths on...

        16. Employment Rights Act 1996 (c. 18)

          1. 36.(1) The Employment Rights Act 1996 is amended as follows....

        17. Treasure Act 1996 (c. 24)

          1. 37.The Treasure Act 1996 is amended as follows.

          2. 38.For section 7 (jurisdiction of coroners) substitute— Jurisdiction of coroners...

          3. 39.(1) Section 8 (duty of finder to notify coroner) is...

          4. 40.After section 8A (inserted by section 30 of this Act)...

          5. 41.For section 9 substitute— Procedure for investigations: England and Wales...

          6. 42.Omit section 13.

        18. Northern Ireland (Location of Victims' Remains) Act 1999 (c. 7)

          1. 43.In section 4 of the Northern Ireland (Location of Victims'...

        19. Freedom of Information Act 2000 (c. 36)

          1. 44.In section 32 of the Freedom of Information Act 2000...

        20. International Criminal Court Act 2001 (c. 17)

          1. 45.In section 35 of the International Criminal Court Act 2001...

        21. Courts Act 2003 (c. 39)

          1. 46.In Schedule 3A to the Courts Act 2003 (further provision...

        22. Human Tissue Act 2004 (c. 30)

          1. 47.The Human Tissue Act 2004 is amended as follows.

          2. 48.In section 1 (authorisation of activities for scheduled purposes), in...

          3. 49.(1) Section 5 (prohibition of activities without consent etc) is...

          4. 50.In section 43 (preservation for transplantation), after subsection (5) insert—...

        23. Constitutional Reform Act 2005 (c. 4)

          1. 51.In Schedule 14 to the Constitutional Reform Act 2005 (the...

      2. Part 2 Murder and suicide

        1. Criminal Justice Act 2003 (c. 44)

          1. 52.In Schedule 21 to the Criminal Justice Act 2003 (determination...

        2. Children and Young Persons Act 1933 (c. 12)

          1. 53.In Schedule 1 to the Children and Young Persons Act...

        3. Visiting Forces Act 1952 (c. 67)

          1. 54.In the Visiting Forces Act 1952— (a) in section 7(6)...

        4. Suicide Act 1961 (c. 60)

          1. 55.In Schedule 1 to the Suicide Act 1961—

        5. Criminal Justice Act (Northern Ireland) 1966 (c. 20)

          1. 56.In section 12 of the Criminal Justice Act (Northern Ireland)...

        6. Children and Young Persons Act (Northern Ireland) 1968 (c. 34)

          1. 57.In Schedule 1 to the Children and Young Persons Act...

        7. Criminal Attempts Act 1981 (c. 47)

          1. 58.After section 1(4)(b) of the Criminal Attempts Act 1981 (exclusions...

        8. Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I. 13))

          1. 59.After Article 3(4)(b) of the Criminal Attempts and Conspiracy (Northern...

        9. Law Reform (Year and a Day Rule) Act 1996 (c. 19)

          1. 60.(1) Section 2 of the Law Reform (Year and a...

        10. Serious Crime Act 2007 (c. 27)

          1. 61.(1) The Serious Crime Act 2007 is amended as follows....

      3. Part 3 Prohibited images of children

        1. Sexual Offences Act 2003 (c. 42)

          1. 62.(1) Schedule 3 to the Sexual Offences Act 2003 (sexual...

        2. Criminal Justice Act 2003 (c. 44)

          1. 63.In Schedule 34A to the Criminal Justice Act 2003 (child...

        3. Armed Forces Act 2006 (c. 52)

          1. 64.In Schedule 2 to the Armed Forces Act 2006 (offences),...

      4. Part 4 Abolition of common law libel offences etc

        1. Criminal Libel Act 1819 (60 Geo. 3 & 1 Geo. 4 c. 8)

          1. 65.(1) In section 1 of the Criminal Libel Act 1819...

        2. Libel Act 1843 (c. 96)

          1. 66.In section 7 of the Libel Act 1843 (evidence to...

        3. Newspaper Libel and Registration Act 1881 (c. 60)

          1. 67.In section 4 of the Newspaper Libel and Registration Act...

        4. Law of Libel Amendment Act 1888 (c. 64)

          1. 68.In section 8 of the Law of Libel Amendment Act...

      5. Part 5 Witness anonymity orders

        1. Criminal Appeal Act 1968 (c. 19)

          1. 69.In section 31 of the Criminal Appeal Act 1968 (powers...

        2. Court Martial Appeals Act 1968 (c. 20)

          1. 70.In section 36 of the Court Martial Appeals Act 1968...

        3. Criminal Appeal (Northern Ireland) Act 1980 (c. 47)

          1. 71.In section 45 of the Criminal Appeal (Northern Ireland) Act...

      6. Part 6 Vulnerable and intimidated witnesses

        1. Crime and Disorder Act 1998 (c. 37)

          1. 72.In section 1I(3) of the Crime and Disorder Act 1998...

        2. Youth Justice and Criminal Evidence Act 1999 (c. 23)

          1. 73.In section 27(5) of the Youth Justice and Criminal Evidence...

      7. Part 7 Bail

        1. Bail Act 1976 (c. 63)

          1. 74.In the Bail Act 1976— (a) in section 4 (general...

        2. Magistrates' Courts Act 1980 (c. 43)

          1. 75.In section 117 of the Magistrates' Courts Act 1980 (warrant...

        3. Supreme Court Act 1981 (c. 54)

          1. 76.In section 81 of the Supreme Court Act 1981 (granting...

        4. Police and Criminal Evidence Act 1984 (c. 60)

          1. 77.In section 38 of the Police and Criminal Evidence Act...

        5. Crime and Disorder Act 1998 (c. 37)

          1. 78.In section 52 of the Crime and Disorder Act 1998...

      8. Part 8 Sentencing Council for England and Wales

        1. Parliamentary Commissioner Act 1967 (c. 13)

          1. 79.In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments...

        2. Magistrates' Courts Act 1980 (c. 43)

          1. 80.In section 19 of the Magistrates' Courts Act 1980 (decision...

        3. Crime and Disorder Act 1998 (c. 37)

          1. 81.In Schedule 3 to the Crime and Disorder Act 1998...

        4. Freedom of Information Act 2000 (c. 36)

          1. 82.In Part 6 of Schedule 1 to the Freedom of...

        5. Criminal Justice Act 2003 (c. 44)

          1. 83.The Criminal Justice Act 2003 is amended as follows.

          2. 84.In section 174 (duty to give reasons for, and explain...

          3. 85.In section 269 (determination of minimum term in relation to...

          4. 86.In section 277 (interpretation of Chapter 7), for the definition...

          5. 87.In section 330 (orders and rules), in subsection (1), after...

          6. 88.In Schedule 38 (transitory, transitional and saving provisions), omit paragraphs...

        6. Armed Forces Act 2006 (c. 52)

          1. 89.In section 259 of the Armed Forces Act 2006 (sentencing...

      9. Part 9 Disqualification for driving

        1. Road Traffic Offenders Act 1988 (c. 53)

          1. 90.(1) The Road Traffic Offenders Act 1988 is amended as...

        2. Criminal Procedure (Scotland) Act 1995 (c. 46)

          1. 91.In section 248C of the Criminal Procedure (Scotland) Act 1995...

        3. Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/1320 (N.I. 10))

          1. 92.(1) The Road Traffic Offenders (Northern Ireland) Order 1996 is...

        4. Crime (International Co-operation) Act 2003 (c. 32)

          1. 93.. . . . . . . . . ....

      10. Part 10 Miscellaneous

        1. Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

          1. 94.(1) Section 160 of the Powers of Criminal Courts (Sentencing)...

        2. Criminal Justice Act 2003 (c. 44)

          1. 95.(1) Section 229 of the Criminal Justice Act 2003 (the...

        3. Animal Welfare Act 2006 (c. 45)

          1. 96.Section 8(6) of the Animal Welfare Act 2006 (penalties for...

        4. Legal Services Act 2007 (c. 29)

          1. 97.In Schedule 23 to the Legal Services Act 2007 (repeals),...

        5. Criminal Justice and Immigration Act 2008 (c. 4)

          1. 98.(1) The Criminal Justice and Immigration Act 2008 is amended...

    22. Schedule 22

      Transitional, transitory and saving provisions

      1. Part 1 Coroners etc

        1. Coroner areas

          1. 1.(1) Where an order is made under section 182(4) bringing...

        2. Relevant authorities

          1. 2.(1) For the purposes of this Part, the “relevant authority”...

        3. Senior and assistant coroners

          1. 3.(1) Sub-paragraphs (2) and (3) apply on the coming into...

        4. Coroner for Treasure

          1. 4.In the case of the first appointment to the office...

        5. Investigation by former coroner

          1. 5.A person who— (a) was appointed as a coroner under...

        6. Interpretation

          1. 6.In this Part— “the 1988 Act” means the Coroners Act...

      2. Part 2 Criminal offences

        1. Commencement of Chapter 1 of Part 2

          1. 7.(1) No provision of Chapter 1 of Part 2 affects...

        2. Suicide

          1. 8.The reference to “aiding, abetting, counselling or procuring suicide” in...

          2. 9.Until such time as the following provisions of the Coroners...

          3. 10.(1) In this paragraph— “old offence” means an offence under...

          4. 11.(1) In this paragraph— “old offence” means an offence under...

        3. Prohibited images of children

          1. 12.(1) In section 66(3)(a) in its application in relation to...

        4. Slavery, servitude and forced or compulsory labour

          1. 13.In the definition of “the relevant period” in section 71(4),...

      3. Part 3 Criminal evidence, investigations and procedure

        1. Anonymity in investigations

          1. 14.In section 76(12)(a) the reference to 12 months is to...

          2. 15.(1) Notwithstanding subsection (4)(a) of section 84, references in that...

        2. Anonymity of witnesses

          1. 16.(1) The repeal of sections 1 to 9 of the...

          2. 17.(1) Where an appeal court's consideration of a relevant appeal...

          3. 18.(1) Section 92 of this Act has effect with the...

          4. 19.(1) Section 92 has effect with the modifications made by...

          5. 20.(1) Notwithstanding section 97, references in Chapter 2 of Part...

          6. 21.Notwithstanding section 97, references in Chapter 2 of Part 3...

          7. 22.If paragraph 70 of Schedule 21 to this Act comes...

        3. Vulnerable and intimidated witnesses

          1. 23.(1) The amendments made by sections 98 to 103 apply...

          2. 24.The references in paragraphs 30 and 31 of Schedule 1A...

        4. Evidence of previous complaint

          1. 25.Section 112 does not have effect in relation to trials...

        5. Indictment of offenders

          1. 26.(1) For the purposes of any proceedings before a court...

      4. Part 4 Sentencing

        1. Sentencing Council for England and Wales

          1. 27.(1) Nothing in section 125 or 126 has effect in...

          2. 28.(1) Without prejudice to the generality of section 177, an...

        2. Driving disqualification

          1. 29.(1) No provision of Schedule 16 applies in relation to,...

          2. 30.(1) During the transitory period, the Road Traffic Offenders Act...

          3. 31.In section 34A (reduced disqualification period for attendance on courses)—...

          4. 32.In section 34B (certificates of completion of courses)—

          5. 33.In section 47(2) (supplementary provisions as to disqualification and endorsement)...

          6. 34.(1) Sub-paragraph (2) applies where an order (“the amending order”)...

          7. 35.(1) Sub-paragraph (2) applies where an order (“the amending order”)...

          8. 36.Until the coming into force of Part 2 of the...

        3. Dangerous offenders

          1. 37.(1) The amendments made by section 138 have effect in...

          2. 38.(1) The amendments made by section 139 have effect in...

        4. Confiscation orders

          1. 39.The amendments made by sections 140 and 141 (appeals against...

      5. Part 5 Miscellaneous

        1. Treatment of convictions in other member States etc

          1. 40.No provision of paragraph 1, 2 or 13 to 18...

          2. 41.(1) No provision of paragraph 6, 8, 10 or 12...

          3. 42.(1) No provision of paragraph 7, 9 or 11 of...

        2. Transfer of functions to Parole Board

          1. 43.(1) Except as provided by this paragraph—

        3. Knives in court buildings etc

          1. 44.(1) No provision of section 146 has effect in relation...

        4. Criminal memoirs etc

          1. 45.Until both sections 22(1) and 27(1) of the Justice (Northern...

        5. Assessment notices

          1. 46.Until paragraph 8 of Schedule 4 to the Courts Act...

        6. Assessment of dangerousness and service offences

          1. 47.Nothing in paragraph 95 of Schedule 21 has effect in...

    23. Schedule 23

      Repeals

      1. Part 1 Coroners etc

      2. Part 2 Criminal offences

      3. Part 3 Criminal evidence and procedure

      4. Part 4 Sentencing

      5. Part 5 Miscellaneous criminal justice provisions

      6. Part 6 Legal aid

      7. Part 7 Criminal memoirs etc

      8. Part 8 Data Protection Act 1998

      9. Part 9 Miscellaneous

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