Clause 20
Coroners and Justice Bill
5:45 pm
Roger Gale (North Thanet, Conservative)
With this it will be convenient to discuss the following: new clause 1—Coroner for treasure and assistant coroners for treasure—
‘(1) The Lord Chancellor may appoint a coroner, to be known as the Coroner for Treasure.
(2) The Chief Coroner may designate one or more assistant coroners to act as Assistant Coroners for Treasure.
(3) The Lord Chancellor may by regulations make provision in relation to the Coroner for Treasure and Assistant Coroners for Treasure.’.
New clause 2—Investigations in relation to treasure—
‘(1) The Coroner for Treasure must conduct an investigation in relation to an object in respect of which notification is given under section 8(1) or 8A(1) of the Treasure Act 1996 (c. 24) (but this is subject to section [Exception to duty to investigate]).
(2) The Coroner for Treasure may conduct an investigation in relation to an object which he has reason to suspect is treasure and in respect of which notification has not been given under section 8(1) or 8A(1) of that Act (but this is subject to section 38).
(3) The purpose of an investigation in relation to an object under this section is to ascertain—
(a) whether the object is treasure, and
(b) if it is treasure, who found it, where it was found and when it was found.
(4) Senior coroners, area coroners and assistant coroners are to have no functions in relation to objects which are or may be treasure (but this is subject to any provision which may be made by regulations under section [Coroner for treasure and assistant coroners for treasure] which enables an assistant coroner acting as an Assistant Coroner for Treasure to perform functions of the Coroner for Treasure).’.
New clause 3—Inquests in relation to treasure—
‘(1) The Coroner for Treasure may, as part of an investigation in relation to an object under section [Investigations in relation to treasure], hold an inquest in relation to the object.
(2) Such an inquest must be held without a jury.’.
New clause 4—Outcome of investigations in relation to treasure—
‘(1) After considering the evidence in the case of an investigation in relation to an object under section [Investigations in relation to treasure] which is conducted without an inquest, the Coroner for Treasure must make a determination as to the matters mentioned in subsection (3)(a) and (where applicable) (3)(b) of that section.
(2) After hearing the evidence in the case of an investigation in relation to an object under section [Investigations in relation to treasure] which is conducted with an inquest, the Coroner for Treasure must make a determination as to the matters mentioned in subsection (3)(a) and (where applicable) (3)(b) of that section.’.
New clause 5—Exception to duty to investigate—
‘(1) This section applies where—
(a) the Coroner for Treasure is conducting, or proposes to conduct, an investigation in relation to an object under section [Investigations in relation to treasure], and
(b) if the object were in fact treasure, it would vest in the Crown by virtue of section 4(1)(b) of the Treasure Act 1996 (c. 24).
(2) The Secretary of State may give notice in writing to the Coroner for Treasure that he would not wish the object, if it were in fact treasure, to vest in the Crown.
(3) Such a notice may be given only before the making of a determination under section [Outcome of investigations in relation to treasure].
(4) Where such a notice is given—
(a) it is to be treated as disclaiming any title that the Crown may have to the object,
(b) the object is to be treated as not having vested in the Crown under the Treasure Act 1996,
(c) the Coroner for Treasure may not conduct an investigation in relation to the object under section [Investigations in relation to treasure] or (as the case may be) continue with such an investigation, and
(d) without prejudice to the interests or rights of others, the object may be delivered to any person in accordance with a code of practice published under section 11 of the Treasure Act 1996.’.
New clause 6—Codes of practice under the Treasure Act 1996—
‘(1) A code of practice under section 11 of the Treasure Act 1996 may make provision in relation to objects in respect of which notice is given under section [Exception to duty to investigate](2).
(2) No civil liability on the part of the Coroner for Treasure arises where he delivers any object, or takes any other action, in accordance with a code of practice under section 11 of that Act.’.
New clause 7—Amendments of the Treasure Act 1996—
‘The Lord Chancellor may by regulations make amendments to the Treasure Act 1996 in connection with investigations etc.’.
New clause 33—Amendment of Treasure Act 1996—
‘After section 8 of the Treasure Act 1996 (c. 24), insert—
“8A Duty to notify coroner of acquisition of certain objects
(1) A person who—
(a) acquires property in an object, and
(b) believes or has reasonable grounds for believing—
(i) that the object is treasure, and
(ii) that notification in respect of the object has not been given under section 8(1) of this subsection,
must notify the Coroner for Treasure before the end of the notice period.
(2) The notice period is fourteen days beginning with—
(a) the day after he acquires property in the object; or
(b) if later, the day on which he first believes or has reason to believe—
(i) that the object is treasure; and
(ii) that notification in respect of the object has not been given under section 8(1) or subsection (1) of this section.
(3) Any person who fails to comply with subsection (1) is guilty of an offence if—
(a) notification in respect of the object has not been given under section 8(1) or subsection (1) of this section; and
(b) there has been no investigation in relation to the object.
(4) Any person guilty of an offence under this section is liable on summary conviction to—
(a) imprisonment for a term not exceeding the relevant maximum;
(b) a fine of an amount not exceeding level 5 on the standard scale; or
(c) both.
(5) In proceedings for an offence under this section, it is a defence for the defendant to show he had, and has continued to have, a reasonable excuse for failing to notify the Coroner for Treasure.
(6) If the office of Coroner for Treasure is vacant, notification under subsection (1) must be given to the Chief Coroner.
(7) In determining for the purposes of this section whether a person has acquired property in an object, section 4 is to be disregarded.
(8) In this section “investigation” means an investigation under section [Investigations in relation to treasure] of the Coroners and Justice Act 2009.
8B Duty to deliver object to coroner
(1) Where the Coroner for Treasure is conducting, or proposes to conduct, an investigation in relation to an object under section [Investigations in relation to treasure] of the Coroners and Justice Act 2009, he may direct a person who has control of the object to deliver the object to a designated person before the end of the period of fourteen days beginning with the day after the direction is given to him.
(2) Any person who fails to comply with a direction under subsection (1) is guilty of an offence and liable on summary conviction to—
(a) imprisonment for a term not exceeding the relevant maximum;
(b) a fine of an amount not exceeding level 5 on the standard scale; or
(c) both.
(3) In proceedings for an offence under this section, it is a defence for the defendant to show he had, and has continued to have, a reasonable excuse for failing to comply with the direction.
(4) For the purposes of this section a person has control of an object if he has possession, or a right to possession, of it; and in determining for those purposes whether a person has a right to possession of an object, section 4 is to be disregarded.
(5) In this section “designated person” means a person designated in a code of practice under section 11.
8C Offences: further provision
(1) Proceedings for an offence under section 8, 8A or 8B 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 his 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 evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact; and
(b) a certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
(3) For the purposes of sections 8A and 8B “the relevant maximum” is—
(a) in England and Wales, 51 weeks;
(b) in Northern Ireland, three months.
(4) In relation to an offence committed before the commencement of paragraph 48 of Schedule 26 to the Criminal Justice Act 2003 (c. 44), the reference in subsection (3)(a) to 51 weeks is to be read as a reference to three months.”’.