Coroners and Justice Act 2009

Prospective

Treasure Act 1996 (c. 24) U.K.

37 U.K. The Treasure Act 1996 is amended as follows.

38 U.K. For section 7 (jurisdiction of coroners) substitute—

“7 Jurisdiction of coroners

(1) As regards Northern Ireland, the jurisdiction of coroners which is referred to in section 33 of the Coroners Act (Northern Ireland) 1959 (treasure) is exercisable in relation to anything that is treasure for the purposes of this Act.

(2) That jurisdiction is not exercisable for the purposes of the law relating to treasure trove in relation to anything found after the commencement of section 4.

(3) The Act of 1959 has effect subject to this section.

(4) An inquest held by virtue of subsection (1) is to be held without a jury, unless the coroner orders otherwise.

(5) As regards England and Wales, see Chapter 4 of Part 1 of the Coroners and Justice Act 2009 (which confers jurisdiction on the Coroner for Treasure in relation to an object that is or may be treasure, or treasure trove found before the commencement of section 4).”

39 (1) Section 8 (duty of finder to notify coroner) is amended as follows. U.K.

(2) In subsection (1), for “coroner for the district in which the object was found” substitute “ Coroner for Treasure ”.

(3) In subsection (4), for “coroner” substitute “ Coroner for Treasure ”.

(4) For subsection (5) substitute—

“(5) If the office of Coroner for Treasure is vacant, notification under subsection (1) must be given to an Assistant Coroner for Treasure.

(6) This section has effect subject to section 8B.”

(5) After that subsection insert—

“(7) In its application to Northern Ireland this section has effect as if—

(a) in subsection (1), for “Coroner for Treasure” there were substituted “ coroner for the district in which the object was found ”;

(b) in subsection (4), for “Coroner for Treasure” there were substituted “ coroner ”; and

(c) in subsection (5), for the words from “Coroner for Treasure” to the end there were substituted “ coroner for a district is vacant, the person acting as coroner for that district is the coroner for the purposes of subsection (1) ”.”

40 U.K. After section 8A (inserted by section 30 of this Act) insert—

“8B Notice under section 8 or 8A to designated officer

(1) A requirement under section 8 or 8A to give a notification to the Coroner for Treasure (or an Assistant Coroner for Treasure) may, if the relevant place falls within an area for which there is a designated officer, be complied with by giving the notification to that officer.

(2) A designated officer must notify the Coroner for Treasure of all notifications given under subsection (1).

(3) If the office of Coroner for Treasure is vacant, notification under subsection (2) must be given to an Assistant Coroner for Treasure.

(4) In this section—

• “designated officer” means an officer designated by an order made by statutory instrument by the Secretary of State;

• “the relevant place” means—

  (a)

  in relation to a requirement under section 8, the place where the object in question was found;

  (b)

  in relation to a requirement under section 8A, the place where the treasure in question is located.

(5) A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) In its application to Northern Ireland this section has effect as if—

(a) in subsection (1), for “the Coroner for Treasure (or an Assistant Coroner for Treasure)” there were substituted “ a coroner ”;

(b) in subsection (2), for “Coroner for Treasure” there were substituted “ coroner for the district in which the relevant place falls ”;

(c) in subsection (3), for the words from “Coroner for Treasure” to “Assistant Coroner for Treasure” there were substituted “ coroner for a district is vacant, the person acting as coroner for that district is the coroner for the purposes of subsection (2) ”.

8C Offences under section 8 or 8A: period for bringing proceedings

(1) Proceedings for an offence under section 8 or 8A may be brought within the period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to the prosecutor's knowledge; but no such proceedings may be brought by virtue of this subsection more than three years after the commission of the offence.

(2) For the purposes of subsection (1)—

(a) a certificate signed by or on behalf of the prosecutor and stating the date on which the evidence referred to in that subsection came to the prosecutor's knowledge shall be conclusive evidence to that effect; and

(b) a certificate to that effect and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.”

41 U.K. For section 9 substitute—

“9 Procedure for investigations: England and Wales

(1) Before conducting an investigation concerning an object, the Coroner for Treasure must—

(a) notify the appropriate national museum;

(b) take reasonable steps to notify—

(i) any person who the coroner thinks may have found the object; and

(ii) any person who, at the time the object was found, occupied land that the coroner thinks may be where it was found.

(2) During an investigation the Coroner for Treasure must take reasonable steps to notify any person within subsection (1)(b) who has not already been notified.

(3) Before or during an investigation, the Coroner for Treasure must take reasonable steps—

(a) to obtain the names and addresses of any other interested persons; and

(b) to notify any interested person whose name and address he obtains.

(4) The Coroner for Treasure must take reasonable steps to give any interested person an opportunity to examine witnesses at any inquest held as part of an investigation.

(5) In this section—

• “the appropriate national museum” means—

  (a)

  the British Museum, if the object in question was found or is believed to have been found in England;

  (b)

  the National Museum of Wales, if it was found or is believed to have been found in Wales;

• “interested person” has the meaning given by section 47(6) of the Coroners and Justice Act 2009;

• “investigation” means an investigation under section 26 of that Act.

(6) This section extends only to England and Wales.

9A Procedure for inquests: Northern Ireland

(1) Before conducting an inquest concerning an object, a coroner must—

(a) notify the Department of the Environment for Northern Ireland;

(b) take reasonable steps to notify—

(i) any person who the coroner thinks may have found the object; and

(ii) any person who, at the time the object was found, occupied land that the coroner thinks may be where it was found.

(2) During the inquest the coroner must take reasonable steps to notify any person within subsection (1)(b) who has not already been notified.

(3) Before or during the inquest, the coroner must take reasonable steps—

(a) to obtain the names and addresses of any other interested persons; and

(b) to notify any interested person whose name and address he obtains.

(4) The coroner must take reasonable steps to give any interested person an opportunity to examine witnesses at the inquest.

(5) In this section—

• “inquest” means an inquest held by virtue of section 7(1);

• “interested person” means—

  (a)

  the Department of the Environment for Northern Ireland;

  (b)

  the finder of the object in question or any person otherwise involved in the find;

  (c)

  the occupier, at the time the object was found, of the land where it was found or is believed to have been found;

  (d)

  a person who had an interest in that land at that time or who has had such an interest since;

  (e)

  any other person with a sufficient interest.

(6) This section extends only to Northern Ireland.”

42 U.K. Omit section 13.