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Wednesday 3 December 2008

Queen’s Speech - Coroners and Justice Bill

“My Government will also bring forward a Bill to deliver a more effective, transparent and responsive justice system for victims, witnesses and the wider public. The Bill would also improve the coroners service, and the process of death certification, and provide increased support for bereaved families, including the families of servicemen and women.”

Since 1997 crime is down by 39%, and the chance of being a victim is at the lowest levels since recording began in 1981.  The Ministry of Justice committed in 07/08 £289 million on victim services, including £235 million to the Criminal Injuries Compensation Authority and £37 million to Victim Support.

The Justice and Coroners Bill will ensure that victims are at the heart of the criminal justice system. It will significantly improve the service bereaved families receive from a reformed coroner system, and introduce a more consistent and transparent sentencing framework.

The purpose of the Bill is to:

· Reform the justice and coroners systems to deliver a more effective, transparent and responsive service to the public.

The main elements of the Bill are:

· Give vulnerable and intimidated witnesses, including those of gun and gang related violence, the best possible protection, right from the early stages of the criminal justice process; including by re-enacting the provisions of the emergency Criminal Evidence (Witness Anonymity) Act 2008 and introducing a new investigative witness anonymity order to protect witnesses to gang related homicides;

· Establish a new Sentencing Council for England and Wales which will produce comprehensive guidelines for sentencers, enhancing consistency of sentencing;

· Introduce a scheme to prevent criminals profiting from exploiting the stories of their crimes;

· Modernise the law on assisting suicide to help increase public understanding and reassure people that it applies as much on the internet as it does off-line;

· Reforming the law on homicide, including the abolition of the partial defence of provocation;

· Provide stronger inspection powers for the Information Commissioner to improve public confidence in the way that their data is held and used; and remove barriers to effective data sharing to support improved public services and the fight against crime and terrorism;

· The introduction of a new death certification system to provide reassurance that there is independent checking of the causes of death;

· The creation of the office of the Chief Coroner, who will put national standards in place, and monitor compliance with them, and ensure that coroners deliver a charter of services to benefit bereaved families.

Related documents:

The provisions of the Bill have been the subject of a number of consultation exercises or of published policy papers, including:

· ‘Murder, Manslaughter and Infanticide: proposals for reform of the law’ Ministry of Justice, 28 July 2008:(PDF, Ministry of Justice website, opens new browser window)

· ‘Consultation on the Possession of non-photographic visual depictions of child sexual abuse: summary of responses and next steps’ (Ministry of Justice/Northern Ireland Office, May 2008):(PDF, Ministry of Justice website, opens new browser window)

· ‘Sentencing Guidelines in England and Wales: an evolutionary approach’, Sentencing Commission Working Group, July 2008: (PDF, Ministry of Justice website, opens new browser window)
· ‘Making sure that crime doesn’t pay: proposals for a new measure to prevent convicted criminals profiting from published accounts of their crimes’ (Home Office/Northern Ireland Office/Scottish Executive, November 2006): (PDF, Northern Ireland Office, opens in new browser window)

· ‘Response to the Data Sharing Review Report’, Ministry of Justice, 24 November 2008(PDF, Ministry of Justice website, opens new browser window)

· ‘The Information Commissioner’s inspection powers and funding arrangements under the Data Protection Act 1998: Summary of responses’, Ministry of Justice, 24 November 2008:(PDF, Ministry of Justice website, opens new browser window)

· ‘Coroner Reform: The Government’s Draft Bill Improving death investigation in England and Wales’, Department of Constitutional Affairs, June 2006:(PDF, DCA website, opens in new browser window)

· ‘Draft Coroners Bill: Analysis of Scrutiny by Bereaved People’s Panel’, Department of Constitutional Affairs, February 2007: (PDF, DCA website, opens in new browser window)

· ‘Coroners Bill - Changes made resulting from consultation’, Ministry of Justice, 27 March 2008:(PDF, Ministry of Justice website, opens new browser window)

· ‘Statutory Duty for Doctors and other Public Service Personnel to Report Deaths to the Coroner: Response to consultation’, Ministry of Justice, 21 May 2008. (PDF, Ministry of Justice website, opens new browser window)

· ‘Summary of responses to the consultation on improving the process of death certification’, Department of Health, May 2008: (opens new browser window)

Devolution:

· The Bill’s provisions mainly extend to England and Wales, with certain provisions also extending to Scotland and Northern Ireland.

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