Clause 6
12:45 pm
Frank Cook (Stockton North, Labour)
With this it will be convenient to discuss the following: amendment 98, in clause 7, page 4, line 37, at end add—
‘(5) In all cases where a jury is required for the purposes of an inquest, any interested person will be entitled to legal representation at the inquest, funded by the Legal Services Commission.’.
Amendment 102, in schedule 4, page 129, line 28, at end insert—
‘(1A) Where the senior coroner considers that a report under this paragraph is likely to result from the inquest, the family of the deceased shall be entitled to legal representation funded by the Legal Services Commission.’.
Amendment 99, in clause 30, page 16, line 21, at end insert—
‘(k) a decision not to allow legal representation funded by the Legal Services Commission to assist anyone falling within section 36(2)(a).’.
Amendment 101, in clause 36, page 20, line 18, at end insert—
‘(aa) a legal professional, if one has been appointed for the purposes of assisting the family;’.
New clause 11—Community Legal Service—
‘(1) The Access to Justice Act 1999 (c. 22) is amended as follows.
(2) In Schedule 2, paragraph 2(1), after sub-sub-paragraph (e) insert—
“(ea) any coroner’s court”.’.
New clause 12—Legal representation of bereaved families—
‘Where—
(a) the inquest is to be held with a jury; or
(b) the deceased died whilst in custody or otherwise detained by the state; or
(c) the deceased died at a centre for provision of medical treatment, and the coroner has a duty to investigate the death under section 7(2); or
(d) any other parties participating in the inquest are assisted by a legal professional,
legal representation for bereaved families shall be funded by the Legal Services Commission.’.
New clause 13—Legal representation of bereaved families (No. 2)—
‘Means testing shall be waived for legal representation of bereaved families if—
(a) the inquest is to be held with a jury; or
(b) the deceased died whilst in custody or otherwise detained by the state; or
(c) the deceased died at a centre of provision for medical treatment; or
(d) the deceased died whilst serving in the armed forces; and
(e) any other parties participating in the inquest are assisted by a legal professional.’.