(1) Rules may be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005 (c. 4)—
(a) for regulating the practice and procedure at or in connection with inquests;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Rules under this section are referred to in this Part as “Coroners rules”.
(2) Coroners rules may make—
(a) provision about evidence (including provision requiring evidence to be given on oath except in prescribed cases);
(b) provision for the discharge of a jury (including provision as to the summoning of new juries following discharge);
(c) provision for the discharge of an inquest (including provision as to fresh inquests following discharge);
(d) provision for or in connection with the adjournment or resumption of inquests;
(e) provision for a senior coroner to have power to give a direction, in proceedings in the course of an inquest, allowing or requiring a name or other matter not to be disclosed except to persons specified in the direction;
(ea) provision for or in connection with the conduct of hearings wholly or partly by way of electronic transmission of sounds or images;
(f) provision for the delegation by—
(i) a senior coroner, area coroner or assistant coroner, or
(ii) the Coroner for Treasure (or an Assistant Coroner for Treasure),
of any of his or her functions, except for functions that involve making judicial decisions or exercising any judicial discretion;
(g) provision with respect to the disclosure of information;
(h) provision for persons to be excused from service as jurors at inquests in cases specified in the rules;
(i) provision as to the matters to be taken into account by the Coroner for Treasure in deciding whether to hold an inquest concerning an object that is or may be treasure or treasure trove;
(j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2A) Coroners rules that provide for members of a jury to take part in a hearing by way of electronic transmission of sounds or images must provide for all members of the jury to take part in that way while present at the same place.
(3) Coroners rules may make provision conferring power on a senior coroner or the Coroner for Treasure—
(a) to give a direction excluding specified persons from an inquest, or part of an inquest, if the coroner is of the opinion that the interests of national security so require;
(b) to give a direction excluding specified persons from an inquest during the giving of evidence by a witness under the age of 18, if the coroner is of the opinion that doing so would be likely to improve the quality of the witness's evidence.
In this subsection “specified persons” means persons of a description specified in the direction, or all persons except those of a description specified in the direction.
(4) Subsections (2) and (3) are not to be read as limiting the power in subsection (1).
(5) Coroners rules may apply—
(a) any provisions of Coroners regulations;
(b) any provisions of Treasure regulations;
(c) any rules of court that relate to proceedings other than inquests.
(6) Where any provisions or rules are applied by virtue of subsection (5), they may be applied—
(a) to any extent;
(b) with or without modifications;
(c) as amended from time to time.
(7) Practice directions may be given in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005 (c. 4) on any matter that could otherwise be included in Coroners rules.
(8) Coroners rules may, instead of providing for a matter, refer to provision made or to be made by practice directions under subsection (7).
(9) In this section “rules of court” include any provision governing the practice and procedure of a court that is made by or under an enactment.
(1) This section applies for the purposes of this Part.
(2) “Interested person”, in relation to a deceased person or an investigation or inquest under this Part into a person's death, means—
(a) a spouse, civil partner, partner, parent, child, brother, sister, grandparent, grandchild, child of a brother or sister, stepfather, stepmother, half-brother or half-sister;
(b) a personal representative of the deceased;
(c) a medical examiner exercising functions in relation to the death of the deceased;
(d) a beneficiary under a policy of insurance issued on the life of the deceased;
(e) the insurer who issued such a policy of insurance;
(f) a person who may by any act or omission have caused or contributed to the death of the deceased, or whose employee or agent may have done so;
(g) in a case where the death may have been caused by—
(i) an injury received in the course of an employment, or
(ii) a disease prescribed under section 108 of the Social Security Contributions and Benefits Act 1992 (c. 4) (benefit in respect of prescribed industrial diseases, etc),
a representative of a trade union of which the deceased was a member at the time of death;
(h) a person appointed by, or representative of, an enforcing authority;
(i) where subsection (3) applies, a chief constable;
(j) where subsection (4) applies, a Provost Marshal of a service police force or of the tri-service serious crime unit;
(k) where subsection (5) applies, the Director General of the Independent Office for Police Conduct;
(ka) where subsection (5A) applies, the Service Police Complaints Commissioner;
(kb) where an advocate has been appointed under section 36(1) of the Victims and Prisoners Act 2024 in respect of an incident which may have caused or contributed to the death of the deceased—
(i) each advocate that has been appointed under that section in respect of that incident, and
(ii) the standing advocate appointed under section 35(1) of that Act;
(l) a person appointed by a Government department to attend or follow an inquest into the death or to assist in, or provide evidence for the purposes of, an investigation into the death under this Part;
(m) any other person who the senior coroner thinks has a sufficient interest.
(3) This subsection applies where it appears that a person has or may have committed—
(a) a homicide offence involving the death of the deceased, or
(b) a related offence (other than a service offence).
(4) This subsection applies where it appears that a person has or may have committed—
(a) the service equivalent of a homicide offence involving the death of the deceased, or
(b) a service offence that is a related offence.
(5) This subsection applies where the death of the deceased is or has been the subject of an investigation managed or carried out by the Director General of the Independent Office for Police Conduct in accordance with Part 3 of Schedule 3 to the Police Reform Act 2002 (c. 30), including that Part as extended or applied by or under any statutory provision (whenever made).
(5A) This subsection applies where the death of the deceased is or has been the subject of an investigation directed or carried out by the Service Police Complaints Commissioner in accordance with provision made under section 340P of the Armed Forces Act 2006.
(6) “Interested person”, in relation to an object that is or may be treasure or treasure trove, or an investigation or inquest under Chapter 4 concerning such an object, means—
(a) the British Museum, if the object was found or is believed to have been found in England;
(b) the National Museum of Wales, if the object was found or is believed to have been found in Wales;
(c) the finder of the object or any person otherwise involved in the find;
(d) the occupier, at the time the object was found, of the land where it was found or is believed to have been found;
(e) a person who had an interest in that land at that time or who has had such an interest since;
(f) any other person who the Coroner for Treasure thinks has a sufficient interest.
(7) For the purposes of this section, a person is the partner of a deceased person if the two of them (whether of different sexes or the same sex) were living as partners in an enduring relationship at the time of the deceased person's death.
(1) In this Part, unless the context otherwise requires—
“the 1953 Act” means the Births and Deaths Registration Act 1953 (c. 20);
“the 1988 Act” means the Coroners Act 1988 (c. 13);
“active service” means service in—
an action or operation against an enemy (within the meaning given by section 374 of the Armed Forces Act 2006 (c. 52)),
an operation outside the British Islands for the protection of life or property, or
the military occupation of a foreign country or territory;
“area”, in relation to a senior coroner, area coroner or assistant coroner, means the coroner area for which that coroner is appointed;
“area coroner” means a person appointed under paragraph 2(3) of Schedule 3;
“assistant coroner” means a person appointed under paragraph 2(4) of Schedule 3;
“Assistant Coroner for Treasure” means an assistant coroner, designated under paragraph 7 of Schedule 4, acting in the capacity of Assistant Coroner for Treasure;
“body” includes body parts;
“chief constable” means—
a chief officer of police (within the meaning given in section 101(1) of the Police Act 1996 (c. 16));
the Chief Constable of the Ministry of Defence Police;
the Chief Constable of the Civil Nuclear Constabulary;
the Chief Constable of the British Transport Police;
“the Chief Coroner” means a person appointed under paragraph 1 of Schedule 8;
“the Common Council” means the Common Council of the City of London, and “common councillor” is to be read accordingly;
“coroner area” is to be read in accordance with paragraph 1 of Schedule 2;
“the Coroner for Treasure” means a person appointed under paragraph 1 of Schedule 4;
“Coroners regulations” means regulations under section 43;
“Coroners rules” means rules under section 45;
“the coroner system” means the system of law and administration relating to investigations and inquests under this Part;
“the court of trial” means—
in relation to an offence (other than a service offence) that is tried summarily, the magistrates' court by which the offence is tried;
in relation to an offence tried on indictment, the Crown Court;
in relation to a service offence, a commanding officer, a Court Martial or the Service Civilian Court (depending on the person before whom, or court before which, it is tried);
“Deputy Chief Coroner” means a person appointed under paragraph 2 of Schedule 8;
“document” includes information stored in an electronic form;
“enforcing authority” has the meaning given by section 18(7) of the Health and Safety at Work etc. Act 1974 (c. 37);
“functions” includes powers and duties;
“homicide offence” has the meaning given in paragraph 1(6) of Schedule 1;
“interested person” is to be read in accordance with section 47;
“land” includes premises within the meaning of the Police and Criminal Evidence Act 1984 (c. 60);
“local authority” means—
in relation to England, a county council, the council of any district comprised in an area for which there is no county council, a London borough council, the Common Council or the Council of the Isles of Scilly;
in relation to Wales, a county council or a county borough council;
“medical examiner” means a person appointed under section 18A or 18B;
“person”, in relation to an offence of corporate manslaughter, includes an organisation;
“prosecuting authority” means—
the Director of Public Prosecutions, or
a person of a description prescribed by an order made by the Lord Chancellor;
“related offence” has the meaning given in paragraph 1(6) of Schedule 1;
“relevant authority”, in relation to a coroner area, has the meaning given by paragraph 3 of Schedule 2 (and see paragraph 2 of Schedule 22);
“senior coroner” means a person appointed under paragraph 1 of Schedule 3;
“the service equivalent of a homicide offence” has the meaning given in paragraph 1(6) of Schedule 1;
“service offence” has the meaning given by section 50(2) of the Armed Forces Act 2006 (c. 52) (read without regard to any order under section 380 of that Act) and also includes an offence under—
Part 2 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18) or paragraph 4(6) of Schedule 5A to that Act,
Part 2 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or paragraph 4(6) of Schedule 5A to that Act, or
Part 1 or section 47K of the Naval Discipline Act 1957 (c. 53) or paragraph 4(6) of Schedule 4A to that Act;
“service police force” means—
the Royal Navy Police,
the Royal Military Police, or
the Royal Air Force Police;
“state detention” has the meaning given by subsection (2) (read with subsection (2A));
“statutory provision” means provision contained in, or in an instrument made under, any Act (including this Act);
“treasure” means anything that is treasure for the purposes of the Treasure Act 1996 (c. 24) (and accordingly does not include anything found before 24 September 1997);
“Treasure regulations” means regulations under section 44;
“treasure trove” does not include anything found on or after 24 September 1997;
“tri-service serious crime unit” means the unit described in section 375(1A) of the Armed Forces Act 2006.
(2) Subject to subsection (2A), a person is in state detention if he or she is compulsorily detained by a public authority within the meaning of section 6 of the Human Rights Act 1998 (c. 42).
(2A) But a person is not in state detention at any time when he or she is deprived of liberty under section 4A(3) or (5) or 4B of the Mental Capacity Act 2005.
(3) For the purposes of this Part, the area of the Common Council is to be treated as including the Inner Temple and the Middle Temple.
(4) A reference in this Part to a coroner who is responsible for conducting an investigation under this Part into a person's death is to be read as a reference to the coroner who is under a duty to conduct the investigation, or who would be under such a duty but for the suspension of the investigation under this Part.
(5) A reference in this Part to producing or providing a document, in relation to information stored in an electronic form, is to be read as a reference to producing or providing a copy of the information in a legible form.
49 Amendments to the Coroners Act (Northern Ireland) 1959
(1) In section 13 of the Coroners Act (Northern Ireland) 1959 (c. 15) (coroner may hold inquest), in subsection (1), for the words from “a coroner within whose district” to “an unexpected or unexplained death” substitute
a coroner—
(a) who is informed that the body of a deceased person is lying within his district; or
(b) in whose district an unexpected or unexplained death.
(2) Schedule 11 inserts provisions into the Coroners Act (Northern Ireland) 1959 corresponding to certain provisions in Schedules 5 and 6.
52 Persons suffering from diminished responsibility (England and Wales)
(1) In section 2 of the Homicide Act 1957 (c. 11) (persons suffering from diminished responsibility), for subsection (1) substitute—
(1) A person (“D”) who kills or is a party to the killing of another is not to be convicted of murder if D was suffering from an abnormality of mental functioning which—
(a) arose from a recognised medical condition,
(b) substantially impaired D's ability to do one or more of the things mentioned in subsection (1A), and
(c) provides an explanation for D's acts and omissions in doing or being a party to the killing.
(1A) Those things are—
(a) to understand the nature of D's conduct;
(b) to form a rational judgment;
(c) to exercise self-control.
(1B) For the purposes of subsection (1)(c), an abnormality of mental functioning provides an explanation for D's conduct if it causes, or is a significant contributory factor in causing, D to carry out that conduct.
(2) In section 6 of the Criminal Procedure (Insanity) Act 1964 (c. 84) (evidence by prosecution of insanity or diminished responsibility), in paragraph (b) for “mind” substitute “ mental functioning ”.
53 Persons suffering from diminished responsibility (Northern Ireland)
(1) Section 5 of the Criminal Justice Act (Northern Ireland) 1966 (c. 20) (effect, in cases of homicide, of impaired mental responsibility) is amended as follows.
(2) For subsection (1) substitute—
(1) A person (“D”) who kills or is a party to the killing of another is not to be convicted of murder if D was suffering from an abnormality of mental functioning which—
(a) arose from a recognised mental condition,
(b) substantially impaired D's ability to do one or more of the things mentioned in subsection (1A), and
(c) provides an explanation for D's acts and omissions in doing or being a party to the killing.
(1A) Those things are—
(a) to understand the nature of D's conduct;
(b) to form a rational judgment;
(c) to exercise self-control.
(1B) For the purposes of subsection (1)(c), an abnormality of mental functioning provides an explanation for D's conduct if it causes, or is a significant contributory factor in causing, D to carry out that conduct.
(1C) Where, but for this section, D would be liable, whether as principal or as accessory, to be convicted of murder, D is liable instead to be convicted of manslaughter.
(3) In subsection (2), for “subsection (1)” substitute “ subsection (1C) ”.
(4) In subsections (4) and (5), for “mental abnormality” substitute “ abnormality of mental functioning ”.
(1) Where a person (“D”) kills or is a party to the killing of another (“V”), D is not to be convicted of murder if—
(a) D's acts and omissions in doing or being a party to the killing resulted from D's loss of self-control,
(b) the loss of self-control had a qualifying trigger, and
(c) a person of D's sex and age, with a normal degree of tolerance and self-restraint and in the circumstances of D, might have reacted in the same or in a similar way to D.
(2) For the purposes of subsection (1)(a), it does not matter whether or not the loss of control was sudden.
(3) In subsection (1)(c) the reference to “the circumstances of D” is a reference to all of D's circumstances other than those whose only relevance to D's conduct is that they bear on D's general capacity for tolerance or self-restraint.
(4) Subsection (1) does not apply if, in doing or being a party to the killing, D acted in a considered desire for revenge.
(5) On a charge of murder, if sufficient evidence is adduced to raise an issue with respect to the defence under subsection (1), the jury must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.
(6) For the purposes of subsection (5), sufficient evidence is adduced to raise an issue with respect to the defence if evidence is adduced on which, in the opinion of the trial judge, a jury, properly directed, could reasonably conclude that the defence might apply.
(7) A person who, but for this section, would be liable to be convicted of murder is liable instead to be convicted of manslaughter.
(8) The fact that one party to a killing is by virtue of this section not liable to be convicted of murder does not affect the question whether the killing amounted to murder in the case of any other party to it.
(1) This section applies for the purposes of section 54.
(2) A loss of self-control had a qualifying trigger if subsection (3), (4) or (5) applies.
(3) This subsection applies if D's loss of self-control was attributable to D's fear of serious violence from V against D or another identified person.
(4) This subsection applies if D's loss of self-control was attributable to a thing or things done or said (or both) which—
(a) constituted circumstances of an extremely grave character, and
(b) caused D to have a justifiable sense of being seriously wronged.
(5) This subsection applies if D's loss of self-control was attributable to a combination of the matters mentioned in subsections (3) and (4).
(6) In determining whether a loss of self-control had a qualifying trigger—
(a) D's fear of serious violence is to be disregarded to the extent that it was caused by a thing which D incited to be done or said for the purpose of providing an excuse to use violence;
(b) a sense of being seriously wronged by a thing done or said is not justifiable if D incited the thing to be done or said for the purpose of providing an excuse to use violence;
(c) the fact that a thing done or said constituted sexual infidelity is to be disregarded.
(7) In this section references to “D” and “V” are to be construed in accordance with section 54.
(1) The common law defence of provocation is abolished and replaced by sections 54 and 55.
(2) Accordingly, the following provisions cease to have effect—
(a) section 3 of the Homicide Act 1957 (c. 11) (questions of provocation to be left to the jury);
(b) section 7 of the Criminal Justice Act (Northern Ireland) 1966 (c. 20) (questions of provocation to be left to the jury).
(1) Section 1 of the Infanticide Act 1938 (c. 36) (offence of infanticide) is amended as follows.
(2) In subsection (1)—
(a) for “notwithstanding that” substitute “ if ”, and
(b) after “murder” insert “ or manslaughter ”.
(3) In subsection (2)—
(a) for “notwithstanding that” substitute “ if ”, and
(b) after “murder” insert “ or manslaughter ”.
(1) Section 1 of the Infanticide Act (Northern Ireland) 1939 (c. 5) (offence of infanticide) is amended as follows.
(2) In subsection (1)—
(a) for “notwithstanding that” substitute “ if ”, and
(b) after “murder” insert “ or manslaughter ”.
(3) In subsection (2)—
(a) for “notwithstanding that” substitute “ if ”, and
(b) after “murder” insert “ or manslaughter ”.
59 Encouraging or assisting suicide (England and Wales)
(1) The Suicide Act 1961 (c. 60) is amended as follows.
(2) In section 2 (criminal liability for complicity in another's suicide), for subsection (1) substitute—
(1) A person (“D”) commits an offence if—
(a) D does an act capable of encouraging or assisting the suicide or attempted suicide of another person, and
(b) D's act was intended to encourage or assist suicide or an attempt at suicide.
(1A) The person referred to in subsection (1)(a) need not be a specific person (or class of persons) known to, or identified by, D.
(1B) D may commit an offence under this section whether or not a suicide, or an attempt at suicide, occurs.
(1C) An offence under this section is triable on indictment and a person convicted of such an offence is liable to imprisonment for a term not exceeding 14 years.
(3) In subsection (2) of that section, for “it” to the end substitute “ of a person it is proved that the deceased person committed suicide, and the accused committed an offence under subsection (1) in relation to that suicide, the jury may find the accused guilty of the offence under subsection (1). ”
(4) After that section insert—
Acts capable of encouraging or assisting
2A (1) If D arranges for a person (“D2”) to do an act that is capable of encouraging or assisting the suicide or attempted suicide of another person and D2 does that act, D is also to be treated for the purposes of this Act as having done it.
(2) Where the facts are such that an act is not capable of encouraging or assisting suicide or attempted suicide, for the purposes of this Act it is to be treated as so capable if the act would have been so capable had the facts been as D believed them to be at the time of the act or had subsequent events happened in the manner D believed they would happen (or both).
(3) A reference in this Act to a person (“P”) doing an act that is capable of encouraging the suicide or attempted suicide of another person includes a reference to P doing so by threatening another person or otherwise putting pressure on another person to commit or attempt suicide.
Course of conduct
2B A reference in this Act to an act includes a reference to a course of conduct, and a reference to doing an act is to be read accordingly.
60 Encouraging or assisting suicide (Northern Ireland)
(1) The Criminal Justice Act (Northern Ireland) 1966 (c. 20) is amended as follows.
(2) In section 13 (criminal liability for complicity in another's suicide), for subsection (1) substitute—
(1) A person (“D”) commits an offence if—
(a) D does an act capable of encouraging or assisting the suicide or attempted suicide of another person, and
(b) D's act was intended to encourage or assist suicide or an attempt at suicide.
(1A) The person referred to in subsection (1)(a) need not be a specific person (or class of persons) known to, or identified by, D.
(1B) D may commit an offence under this section whether or not a suicide, or an attempt at suicide, occurs.
(1C) An offence under this section is triable on indictment and a person convicted of such an offence is liable to imprisonment for a term not exceeding 14 years.
(3) In subsection (2) of that section, for “it” to the end substitute “ of a person it is proved that the deceased person committed suicide, and the person charged committed an offence under subsection (1) in relation to that suicide, the jury may find the person charged guilty of the offence under subsection (1). ”
(4) After that section insert—
Acts capable of encouraging or assisting
13A (1) If D arranges for a person (“D2”) to do an act that is capable of encouraging or assisting the suicide or attempted suicide of another person and D2 does that act, D is also to be treated for the purposes of section 13 as having done it.
(2) Where the facts are such that an act is not capable of encouraging or assisting suicide or attempted suicide, for the purposes of section 13 and this section it is to be treated as so capable if the act would have been so capable had the facts been as D believed them to be at the time of the act or had subsequent events happened in the manner D believed they would happen (or both).
(3) A reference in section 13 or this section to a person (“P”) doing an act that is capable of encouraging the suicide or attempted suicide of another person includes a reference to P doing so by threatening another person or otherwise putting pressure on another person to commit or attempt suicide.
Course of conduct
13B A reference in section 13 or 13A to an act includes a reference to a course of conduct, and a reference to doing an act is to be read accordingly.
61 Encouraging or assisting suicide: information society services
Schedule 12 makes special provision in connection with the operation of section 2 of the Suicide Act 1961 (c. 60) and section 13 of the Criminal Justice Act (Northern Ireland) 1966 (c. 20) in relation to persons providing information society services within the meaning of that Schedule.
(1) It is an offence for a person to be in possession of a prohibited image of a child.
(2) A prohibited image is an image which—
(a) is pornographic,
(b) falls within subsection (6), and
(c) is grossly offensive, disgusting or otherwise of an obscene character.
(3) An image is “pornographic” if it is of such a nature that it must reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal.
(4) Where (as found in the person's possession) an image forms part of a series of images, the question whether the image is of such a nature as is mentioned in subsection (3) is to be determined by reference to—
(a) the image itself, and
(b) (if the series of images is such as to be capable of providing a context for the image) the context in which it occurs in the series of images.
(5) So, for example, where—
(a) an image forms an integral part of a narrative constituted by a series of images, and
(b) having regard to those images as a whole, they are not of such a nature that they must reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal,
the image may, by virtue of being part of that narrative, be found not to be pornographic, even though it might have been found to be pornographic if taken by itself.
(6) An image falls within this subsection if it—
(a) is an image which focuses solely or principally on a child's genitals or anal region, or
(b) portrays any of the acts mentioned in subsection (7).
(7) Those acts are—
(a) the performance by a person of an act of intercourse or oral sex with or in the presence of a child;
(b) an act of masturbation by, of, involving or in the presence of a child;
(c) an act which involves penetration of the vagina or anus of a child with a part of a person's body or with anything else;
(d) an act of penetration, in the presence of a child, of the vagina or anus of a person with a part of a person's body or with anything else;
(e) the performance by a child of an act of intercourse or oral sex with an animal (whether dead or alive or imaginary);
(f) the performance by a person of an act of intercourse or oral sex with an animal (whether dead or alive or imaginary) in the presence of a child.
(8) For the purposes of subsection (7), penetration is a continuing act from entry to withdrawal.
(9) Proceedings for an offence under subsection (1) may not be instituted—
(a) in England and Wales, except by or with the consent of the Director of Public Prosecutions;
(b) in Northern Ireland, except by or with the consent of the Director of Public Prosecutions for Northern Ireland.
(1) Section 62(1) does not apply to excluded images.
(2) An “excluded image” is an image which forms part of a series of images contained in a recording of the whole or part of a classified work.
(3) But such an image is not an “excluded image” if—
(a) it is contained in a recording of an extract from a classified work, and
(b) it is of such a nature that it must reasonably be assumed to have been extracted (whether with or without other images) solely or principally for the purpose of sexual arousal.
(4) Where an extracted image is one of a series of images contained in the recording, the question whether the image is of such a nature as is mentioned in subsection (3)(b) is to be determined by reference to—
(a) the image itself, and
(b) (if the series of images is such as to be capable of providing a context for the image) the context in which it occurs in the series of images;
and section 62(5) applies in connection with determining that question as it applies in connection with determining whether an image is pornographic.
(5) In determining for the purposes of this section whether a recording is a recording of the whole or part of a classified work, any alteration attributable to—
(a) a defect caused for technical reasons or by inadvertence on the part of any person, or
(b) the inclusion in the recording of any extraneous material (such as advertisements),
is to be disregarded.
(6) Nothing in this section is to be taken as affecting any duty of a designated authority to have regard to section 62 (along with other enactments creating criminal offences) in determining whether a video work is suitable for a classification certificate to be issued in respect of it.
(7) In this section—
“classified work” means (subject to subsection (8)) a video work in respect of which a classification certificate has been issued by a designated authority (whether before or after the commencement of this section);
“classification certificate” and “video work” have the same meaning as in the Video Recordings Act 1984 (c. 39);
“designated authority” means an authority which has been designated by the Secretary of State under section 4 of that Act;
“extract” includes an extract consisting of a single image;
“pornographic” has the same meaning as in section 62;
“recording” means any disc, tape or other device capable of storing data electronically and from which images may be produced (by any means).
(8) Section 22(3) of the Video Recordings Act 1984 (effect of alterations) applies for the purposes of this section as it applies for the purposes of that Act.
(1) Where a person is charged with an offence under section 62(1), it is a defence for the person to prove any of the following matters—
(a) that the person had a legitimate reason for being in possession of the image concerned;
(b) that the person had not seen the image concerned and did not know, nor had any cause to suspect, it to be a prohibited image of a child;
(c) that the person—
(i) was sent the image concerned without any prior request having been made by or on behalf of the person, and
(ii) did not keep it for an unreasonable time.
(2) In this section “prohibited image” has the same meaning as in section 62.
(1) The following apply for the purposes of sections 62 to 64.
(2) “Image” includes—
(a) a moving or still image (produced by any means), or
(b) data (stored by any means) which is capable of conversion into an image within paragraph (a).
(3) “Image” does not include an indecent photograph, or indecent pseudo-photograph, of a child.
(4) In subsection (3) “indecent photograph” and “indecent pseudo-photograph” are to be construed—
(a) in relation to England and Wales, in accordance with the Protection of Children Act 1978 (c. 37), and
(b) in relation to Northern Ireland, in accordance with the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)).
(5) “Child”, subject to subsection (6), means a person under the age of 18.
(6) Where an image shows a person the image is to be treated as an image of a child if—
(a) the impression conveyed by the image is that the person shown is a child, or
(b) the predominant impression conveyed is that the person shown is a child despite the fact that some of the physical characteristics shown are not those of a child.
(7) References to an image of a person include references to an image of an imaginary person.
(8) References to an image of a child include references to an image of an imaginary child.
(1) This section has effect where a person is guilty of an offence under section 62(1).
(2) The offender is liable—
(a) on summary conviction, to imprisonment for a term not exceeding the relevant period or a fine not exceeding the statutory maximum, or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 3 years or a fine, or both.
(3) “The relevant period” means—
(a) in relation to England and Wales, the general limit in a magistrates’ court;
(b) in relation to Northern Ireland, 6 months.
(1) The following provisions of the Protection of Children Act 1978 (c. 37) apply in relation to prohibited images of children as they apply in relation to indecent photographs of children (within the meaning of that Act)—
(a) section 4 (entry, search and seizure);
(b) the Schedule (forfeiture of photographs).
(2) The following provisions of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) apply in relation to prohibited images of children as they apply in relation to indecent photographs of children (within the meaning of that Order)—
(a) Article 4 (entry, search and seizure);
(b) the Schedule (forfeiture of photographs).
(3) In this section “prohibited image of a child” means a prohibited image of a child to which section 62(1) applies.
68 Special rules relating to providers of information society services
Schedule 13 makes special provision in connection with the operation of section 62(1) in relation to persons providing information society services within the meaning of that Schedule.
69 Indecent pseudo-photographs of children: marriage etc
(1) In section 1A of the Protection of Children Act 1978 (c. 37) (making of indecent photograph of child etc: marriage and other relationships), after “photograph”, in each place it occurs, insert “ or pseudo-photograph ”.
(2) In section 160A of the Criminal Justice Act 1988 (c. 33) (possession of indecent photograph of child etc: marriage and other relationships), after “photograph”, in each place it occurs, insert “ or pseudo-photograph ”.
(3) In Article 15A of the Criminal Justice (Evidence, etc) (Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17)) (marriage and other relationships), after “photograph”, in each place it occurs, insert “ or pseudo-photograph ”.
(4) In Article 3B of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) (marriage and other relationships), after “photograph”, in each place it occurs, insert “ or pseudo-photograph ”.
70 Genocide, crimes against humanity and war crimes
(1) The International Criminal Court Act 2001 (c. 17) is amended as follows.
(2) In sections 53 and 60 (trial and punishment of main offences), after subsection (6) add—
(7) Subsections (5) and (6) are subject to section 65B (restriction of penalties in relation to retrospective application of certain offences).
(3) After section 65 insert—
Retrospective application of certain offences
65A (1) Sections 51 and 58 apply to acts committed on or after 1 January 1991.
(2) But those sections do not apply to a crime against humanity, or a war crime within article 8.2(b) or (e), committed by a person before 1 September 2001 unless, at the time the act constituting that crime was committed, the act amounted in the circumstances to a criminal offence under international law.
(3) Section 52 applies to conduct in which a person engaged on or after 1 January 1991, and in subsections (2) and (3) of that section references to an offence include an act or conduct which would not constitute an offence under the law of England and Wales but for this section.
(4) Section 59 applies to conduct in which a person engaged on or after 1 January 1991, and in subsections (2) and (3) of that section references to an offence include an act or conduct which would not constitute an offence under the law of Northern Ireland but for this section.
(5) Any enactment or rule of law relating to an offence ancillary to a relevant Part 5 offence—
(a) applies to conduct in which a person engaged on or after 1 January 1991, and
(b) applies even if the act or conduct constituting the relevant Part 5 offence would not constitute such an offence but for this section.
(6) But sections 52 and 59, and any enactment or rule of law relating to an offence ancillary to a relevant Part 5 offence, do not apply to—
(a) conduct in which the person engaged before 1 September 2001, or
(b) conduct in which the person engaged on or after that date which was ancillary to an act or conduct which—
(i) was committed or engaged in before that date, and
(ii) would not constitute a relevant Part 5 offence, or fall within section 52(2) or 59(2), but for this section,
unless, at the time the person engaged in the conduct, it amounted in the circumstances to a criminal offence under international law.
(7) Section 65, so far as it has effect in relation to relevant Part 5 offences—
(a) applies to failures to exercise control of the kind mentioned in section 65(2) or (3) which occurred on or after 1 January 1991, and
(b) applies even if the act or conduct constituting the relevant Part 5 offence would not constitute such an offence but for this section.
(8) But section 65, so far as it has effect in relation to relevant Part 5 offences, does not apply to a failure to exercise control of the kind mentioned in section 65(2) or (3) which occurred before 1 September 2001 unless, at the time the failure occurred, it amounted in the circumstances to a criminal offence under international law.
(9) In this section “relevant Part 5 offence” means an offence under section 51, 52, 58 or 59 or an offence ancillary to such an offence.
Modification of penalties: provision supplemental to section 65A
65B (1) In the case of a pre-existing E&W offence committed before 1 September 2001, in section 53(6) “30 years” is to be read as “14 years”.
(2) In the case of an offence of the kind mentioned in section 55(1)(d) which is ancillary to a pre-existing E&W offence committed before 1 September 2001, nothing in section 53(5) and (6) disapplies the penalties provided for in sections 4 and 5 of the Criminal Law Act 1967.
(3) In the case of a pre-existing NI offence committed before 1 September 2001, in section 60(6) “30 years” is to be read as “14 years”.
(4) In the case of an offence of the kind mentioned in section 62(1)(d) which is ancillary to a pre-existing NI offence committed before 1 September 2001, nothing in section 60(5) and (6) disapplies the penalties provided for in sections 4 and 5 of the Criminal Law Act (Northern Ireland) 1967.
(5) In this section—
“pre-existing E&W offence” means—
an offence under section 51 on account of an act constituting genocide, if at the time the act was committed it also amounted to an offence under section 1 of the Genocide Act 1969;
an offence under section 51 on account of an act constituting a war crime, if at the time the act was committed it also amounted to an offence under section 1 of the Geneva Conventions Act 1957 (grave breaches of the Conventions);
an offence of a kind mentioned in section 55(1)(a) to (c) which is ancillary to an offence within paragraph (a) or (b) above;
“pre-existing NI offence” means—
an offence under section 58 on account of an act constituting genocide, if at the time the act was committed it also amounted to an offence under section 1 of the Genocide Act 1969;
an offence under section 58 on account of an act constituting a war crime, if at the time the act was committed it also amounted to an offence under section 1 of the Geneva Conventions Act 1957 (grave breaches of the Conventions);
an offence of a kind mentioned in section 62(1)(a) to (c) which is ancillary to an offence within paragraph (a) or (b) above.
(4) After section 67 insert—
Supplemental provision about UK residents
67A (1) To the extent that it would not otherwise be the case, the following individuals are to be treated for the purposes of this Part as being resident in the United Kingdom—
(a) an individual who has indefinite leave to remain in the United Kingdom;
(b) any other individual who has made an application for such leave (whether or not it has been determined) and who is in the United Kingdom;
(c) an individual who has leave to enter or remain in the United Kingdom for the purposes of work or study and who is in the United Kingdom;
(d) an individual who has made an asylum claim, or a human rights claim, which has been granted;
(e) any other individual who has made an asylum claim or human rights claim (whether or not the claim has been determined) and who is in the United Kingdom;
(f) an individual named in an application for indefinite leave to remain, an asylum claim or a human rights claim as a dependant of the individual making the application or claim if—
(i) the application or claim has been granted, or
(ii) the named individual is in the United Kingdom (whether or not the application or claim has been determined);
(g) an individual who would be liable to removal or deportation from the United Kingdom but cannot be removed or deported because of section 6 of the Human Rights Act 1998 or for practical reasons;
(h) an individual—
(i) against whom a decision to make a deportation order under section 5(1) of the Immigration Act 1971 by virtue of section 3(5)(a) of that Act (deportation conducive to the public good) has been made,
(ii) who has appealed against the decision to make the order (whether or not the appeal has been determined), and
(iii) who is in the United Kingdom;
(i) an individual who is an illegal entrant within the meaning of section 33(1) of the Immigration Act 1971 or who is liable to removal under section 10 of the Immigration and Asylum Act 1999;
(j) an individual who is detained in lawful custody in the United Kingdom.
(2) When determining for the purposes of this Part whether any other individual is resident in the United Kingdom regard is to be had to all relevant considerations including—
(a) the periods during which the individual has been or intends to be in the United Kingdom,
(b) the purposes for which the individual is, has been or intends to be in the United Kingdom,
(c) whether the individual has family or other connections to the United Kingdom and the nature of those connections, and
(d) whether the individual has an interest in residential property located in the United Kingdom.
(3) In this section—
“asylum claim” means—
a claim that it would be contrary to the United Kingdom's obligations under the Refugee Convention for the claimant to be removed from, or required to leave, the United Kingdom, or
a claim that the claimant would face a real risk of serious harm if removed from the United Kingdom;
“Convention rights” means the rights identified as Convention rights by section 1 of the Human Rights Act 1998;
“detained in lawful custody” means—
detained in pursuance of a sentence of imprisonment, detention or custody for life or a detention and training order,
remanded in or committed to custody by an order of a court,
detained pursuant to an order under section 2 of the Colonial Prisoners Removal Act 1884 or a warrant under section 1 or 4A of the Repatriation of Prisoners Act 1984,
detained under Part 3 of the Mental Health Act 1983 or by virtue of an order under section 5 of the Criminal Procedure (Insanity) Act 1964 or section 6 or 14 of the Criminal Appeal Act 1968 (hospital orders, etc),
detained by virtue of an order under Part 6 of the Criminal Procedure (Scotland) Act 1995 (other than an order under section 60C) or a hospital direction under section 59A of that Act, and includes detention by virtue of the special restrictions set out in Part 10 of the Mental Health (Care and Treatment) (Scotland) Act 2003 to which a person is subject by virtue of an order under section 59 of the Criminal Procedure (Scotland) Act 1995, or
detained under Part 3 of the Mental Health (Northern Ireland) Order 1986 or by virtue of an order under section 11 or 13(5A) of the Criminal Appeal (Northern Ireland) Act 1980;
“human rights claim” means a claim that to remove the claimant from, or to require the claimant to leave, the United Kingdom would be unlawful under section 6 of the Human Rights Act 1998 (public authority not to act contrary to Convention) as being incompatible with the person's Convention rights;
“the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 and the Protocol to the Convention;
“serious harm” has the meaning given by article 15 of Council Directive 2004/83/EC on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted;
and a reference to having leave to enter or remain in the United Kingdom is to be construed in accordance with the Immigration Act 1971.
(4) This section applies in relation to any offence under this Part (whether committed before or after the coming into force of this section).
(1) In section 1A of the Criminal Law Act 1977 (c. 45) (conspiracy to commit offences outside the United Kingdom)—
(a) in the title and in subsection (2), for “the United Kingdom” substitute “ England and Wales ”, and
(b) for subsection (14) substitute—
(14) Nothing in this section applies to an agreement entered into before 4 September 1998.
(15) In relation to an agreement entered into during the period beginning with that date and ending with the commencement of section 72(1) of the Coroners and Justice Act 2009, this section applies as if in subsection (2) for “England and Wales” there were substituted “ the United Kingdom ”.
(16) Nothing in this section imposes criminal liability on any person acting on behalf of, or holding office under, the Crown.
(2) In Article 9A of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I. 13)) (conspiracy to commit offences outside the United Kingdom)—
(a) in the title and in paragraph (2), for “the United Kingdom” substitute “ Northern Ireland ”, and
(b) for paragraph (14) substitute—
(14) Nothing in this Article applies to an agreement entered into before 4 September 1998.
(15) In relation to an agreement entered into during the period beginning with that date and ending with the commencement of section 72(2) of the Coroners and Justice Act 2009, this Article applies as if in paragraph (2) for “Northern Ireland” there were substituted “ the United Kingdom ”.
(16) Nothing in this Article imposes criminal liability on any person acting on behalf of, or holding office under, the Crown.
The following offences under the common law of England and Wales and the common law of Northern Ireland are abolished—
(a) the offences of sedition and seditious libel;
(b) the offence of defamatory libel;
(c) the offence of obscene libel.
(1) An offence is a qualifying offence for the purposes of this Chapter if—
(a) it is listed in subsection (2), and
(b) the condition in subsection (3) is satisfied in relation to it.
(2) The offences are—
(a) murder;
(b) manslaughter.
(3) The condition in this subsection is that the death was caused by one or both of the following—
(a) being shot with a firearm;
(b) being injured with a knife.
(4) The appropriate authoritymay by order amend this section—
(a) so as to add an offence to or omit an offence from the list in subsection (2), or
(b) so as to add, omit or modify a condition to be satisfied in relation to an offence.
(5) In this section—
“the appropriate authority” means, in relation to England and Wales, the Secretary of State and, in relation to Northern Ireland, the Department of Justice in Northern Ireland;
“firearm”, in relation to England and Wales, has the meaning given by section 57 of the Firearms Act 1968 (c. 27) and, in relation to Northern Ireland, has the meaning given by Article 2 of the Firearms (Northern Ireland) Order 2004 (S.I. 2004/702 (N.I. 3));
“knife” has the meaning given by section 10 of the Knives Act 1997 (c. 21).
(1) For the purposes of this Chapter a criminal investigation is a qualifying criminal investigation if it is conducted by an investigating authority wholly or in part with a view to ascertaining—
(a) whether a person should be charged with a qualifying offence, or
(b) whether a person charged with a qualifying offence is guilty of it.
(2) The following are investigating authorities—
(a) a police force in England and Wales;
(b) the British Transport Police Force;
(c) the National Crime Agency;
(d) the Police Service of Northern Ireland.
(3) The Secretary of State may by order amend subsection (2) so as to add or omit a body or other person.
(4) The provision which may be included in an order under subsection (3) by virtue of section 176 (power to make consequential provision etc) includes provision modifying any provision of this Chapter.
(5) The power to make an order under subsection (3) is exercisable by the Department of Justice in Northern Ireland (and not by the Secretary of State) so far as it may be used to make provision which could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998).
(1) In this Chapter an “investigation anonymity order” is an order made by a justice of the peace in relation to a specified person prohibiting the disclosure of information—
(a) that identifies the specified person as a person who is or was able or willing to assist a specified qualifying criminal investigation, or
(b) that might enable the specified person to be identified as such a person.
(2) The prohibition in an investigation anonymity order is subject to subsections (3) to (9).
(3) An investigation anonymity order is not contravened by disclosure of such information as regards the specified person as is described in subsection (1), if the person disclosing the information does not know and has no reason to suspect that such an order has been made in relation to the specified person in connection with the specified qualifying criminal investigation.
(4) An investigation anonymity order is not contravened by disclosure of such information as regards the specified person as is described in subsection (1)(b), if the person disclosing the information does not know and has no reason to suspect that the information disclosed is information that might enable the specified person to be identified as a person of the sort described in subsection (1)(a) in relation to the specified qualifying criminal investigation.
(5) A person (“A”) who discloses to another person (“B”) that an investigation anonymity order has been made in relation to a person in connection with the criminal investigation of a qualifying offence does not contravene the order if the condition in subsection (6) is satisfied.
(6) The condition is that A knows that B is aware that the person specified in the order is a person who is or was able or willing to assist a criminal investigation relating to the qualifying offence.
(7) A person who discloses information to which an investigation anonymity order relates does not contravene the order if—
(a) the disclosure is made to a person who is involved in the specified qualifying criminal investigation or in the prosecution of an offence to which the investigation relates, and
(b) the disclosure is made for the purposes of the investigation or the prosecution of an offence to which the investigation relates.
(8) An investigation anonymity order is not contravened by—
(a) disclosure in pursuance of a requirement imposed by any enactment or rule of law, or
(b) disclosure made in pursuance of an order of a court.
(9) A person who discloses such information as regards another person as is described in subsection (1) may not rely on subsection (8) in a case where—
(a) it might have been determined that the person was required or permitted to withhold the information (whether on grounds of public interest immunity or on other grounds), but
(b) the person disclosed the information without there having been a determination as to whether the person was required or permitted to withhold the information.
Disclosure for the purposes of seeking such a determination is not a contravention of an investigation anonymity order.
(10) It is an offence for a person to disclose information in contravention of an investigation anonymity order.
(11) A person guilty of an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding the relevant period or a fine not exceeding the statutory maximum, or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine, or both.
(12) “The relevant period” means—
(a) in relation to England and Wales, the general limit in a magistrates’ court;
(b) in relation to Northern Ireland, 6 months.
(13) In this section “specified” means specified in the investigation anonymity order concerned.
(1) An application for an investigation anonymity order may be made to a justice of the peace by—
(a) in a case where a police force in England and Wales is conducting the qualifying criminal investigation, the chief officer of police of the police force;
(b) in a case where the British Transport Police Force is conducting the qualifying criminal investigation, the Chief Constable of the British Transport Police Force;
(c) in a case where the National Crime Agency is conducting the qualifying criminal investigation, the Director General of the National Crime Agency;
(d) in a case where the Police Service of Northern Ireland is conducting the qualifying criminal investigation, the Chief Constable of the Police Service of Northern Ireland;
(e) the Director of Public Prosecutions;
(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g) the Director of Public Prosecutions for Northern Ireland.
(2) An applicant for an investigation anonymity order is not required to give notice of the application to—
(a) a person who is suspected of having committed or who has been charged with an offence to which the qualifying criminal investigation relates, or
(b) such a person's legal representatives.
(3) An applicant for an investigation anonymity order must (unless the justice of the peace directs otherwise) inform the justice of the identity of the person who would be specified in the order.
(4) A justice of the peace may determine the application without a hearing.
(5) If a justice of the peace determines an application for an investigation anonymity order without a hearing, the designated officer in relation to that justice must notify the applicant of the determination.
(6) In the application of this section to Northern Ireland, the reference to the designated officer in relation to a justice of the peace is to be read as a reference to the clerk of petty sessions ....
(7) The Secretary of State may by order amend subsection (1).
(8) The provision which may be included in an order under subsection (7) by virtue of section 176 (power to make consequential provision etc) includes provision modifying any provision of this Chapter.
(9) The power to make an order under subsection (7) is exercisable by the Department of Justice in Northern Ireland (and not by the Secretary of State) so far as it may be used to make provision which could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998).
(1) This section applies where an application is made for an investigation anonymity order to be made in relation to a person.
(2) The justice of the peace may make such an order if satisfied that there are reasonable grounds for believing that the conditions in subsections (3) to (8) are satisfied.
(3) The condition in this subsection is that a qualifying offence has been committed.
(4) The condition in this subsection is that the person likely to have committed the qualifying offence (“the relevant person”) is a person who was aged at least 11 but under 30 at the time the offence was committed.
(5) The condition in this subsection is that the relevant person is likely to have been a member of a group falling within subsection (6) at the time the offence was committed.
(6) A group falls within this subsection if—
(a) it is possible to identify the group from the criminal activities that its members appear to engage in, and
(b) it appears that the majority of the persons in the group are aged at least 11 but under 30.
(7) The condition in this subsection is that the person who would be specified in the order has reasonable grounds for fearing intimidation or harm if identified as a person who is or was able or willing to assist the criminal investigation as it relates to the qualifying offence.
(8) The condition in this subsection is that the person who would be specified in the order—
(a) is able to provide information that would assist the criminal investigation as it relates to the qualifying offence, and
(b) is more likely than not, as a consequence of the making of the order, to provide such information.
(9) If it is suspected that the qualifying offence was committed by 2 or more persons, it is sufficient for the purposes of subsection (2) that the justice is satisfied that there are reasonable grounds for believing that the conditions in subsections (3) to (8) are satisfied in relation to one person.
(10) The appropriate authoritymay by order modify or repeal any of subsections (4) to (6) and (9).
(11) The provision which may be included in an order under subsection (10) by virtue of section 176 (power to make consequential provision etc) includes provision modifying any provision of this Chapter.
(12) In subsection (10) “the appropriate authority” means, in relation to England and Wales, the Secretary of State and, in relation to Northern Ireland, the Department of Justice in Northern Ireland.
(1) Where a justice of the peace refuses an application for an investigation anonymity order, the applicant may appeal to a judge of the Crown Court against that refusal.
(2) An applicant may not appeal under subsection (1) unless the applicant indicates—
(a) in the application for the order, or
(b) if there is a hearing of the application before the justice, at the hearing,
that the applicant intends to appeal a refusal.
(3) If an applicant has indicated an intention to appeal a refusal, a justice of the peace who refuses an application for an investigation anonymity order must make the order as requested by the applicant.
(4) An order made under subsection (3) has effect until the appeal is determined or otherwise disposed of.
(5) The judge to whom an appeal is made must consider afresh the application for an investigation anonymity order and section 77(3) to (5) applies accordingly to the determination of the application by the judge.
(6) In the application of section 77(5) by virtue of subsection (5), the reference in section 77(5) to the designated officer in relation to a justice of the peace is to be read—
(a) in the case of an appeal made in England and Wales, as a reference to the appropriate officer of the Crown Court;
(b) in the case of an appeal made in Northern Ireland, as a reference to the chief clerk ....
(1) A justice of the peace may discharge an investigation anonymity order if it appears to the justice to be appropriate to do so.
(2) The justice may so discharge an investigation anonymity order on an application by—
(a) the person on whose application the order was made;
(b) the Director of Public Prosecutions;
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) the Director of Public Prosecutions for Northern Ireland;
(e) the person specified in the order.
(3) An application may not be made under subsection (2) unless there has been a material change of circumstances since the relevant time.
(4) Any person eligible to apply for the discharge of the order is entitled to be party to the proceedings on the application in addition to the applicant.
(5) If an application to discharge an investigation anonymity order is made by a person other than the person specified in the order, the justice may not determine the application unless—
(a) the person specified in the order has had an opportunity to oppose the application, or
(b) the justice is satisfied that it is not reasonably practicable to communicate with the person.
(6) A party to the proceedings may appeal to a judge of the Crown Court against the justice's decision.
(7) If during the proceedings a party indicates an intention to appeal against a determination to discharge the investigation anonymity order, a justice of the peace who makes such a determination must provide for the discharge of the order not to have effect until the appeal is determined or otherwise disposed of.
(8) “The relevant time” means—
(a) the time when the order was made, or
(b) if a previous application has been made under subsection (2), the time when the application (or the last application) was made.
(1) A chief officer of police of a police force in England and Wales may authorise a person to exercise the chief officer's functions under this Chapter.
(2) The Chief Constable of the British Transport Police Force may authorise a person to exercise the Chief Constable's functions under this Chapter.
(3) The Director General of the National Crime Agency may authorise a person to exercise the Director General's functions under this Chapter.
(4) The Chief Constable of the Police Service of Northern Ireland may authorise a person to exercise the Chief Constable's functions under this Chapter.
(5) The Director of Public Prosecutions may authorise a person to exercise the Director's functions under this Chapter.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) The Director of Public Prosecutions for Northern Ireland may authorise a person to exercise the Director's functions under this Chapter.
(1) The Secretary of State must review the operation of this Chapterin England and Wales and prepare a report of that review.
(2) The Secretary of State must lay a copy of the report before Parliament before the end of the period of 2 years beginning with the day on which section 77 comes into force.
(3) The Department of Justice in Northern Ireland must review the operation of this Chapter in Northern Ireland and prepare a report of that review.
(4) The Department of Justice must lay a copy of the report before the Northern Ireland Assembly before the end of the period of 2 years beginning with the day on which section 77 comes into force.
(5) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (4) in relation to the laying of a copy of a report as it applies in relation to the laying of a statutory document under an enactment.
(1) Subject to subsection (2), nothing in this Chapter applies in relation to any investigation conducted with a view to its being ascertained whether a person should be charged with a service offence or whether a person charged with such an offence is guilty of it.
(2) The Secretary of State may by order make as regards any investigation mentioned in subsection (1) provision equivalent to the provisions contained in this Chapter, subject to such modifications as the Secretary of State considers appropriate.
(3) An order under this section may make provision in such way as the Secretary of State considers appropriate, and may in particular apply any of the provisions concerned, with or without modifications.
(4) In this section—
(a) “service offence” has the meaning given by section 50(2) of the Armed Forces Act 2006 (c. 52);
(b) references to charges are to charges brought under Part 5 of that Act.
(1) In this Chapter—
“enactment” means an enactment contained in or in an instrument made by virtue of—
an Act of Parliament,
a Measure or Act of the National Assembly for Wales, or
Northern Ireland legislation;
“investigation anonymity order” has the meaning given by section 76;
“qualifying criminal investigation” has the meaning given by section 75;
“qualifying offence” has the meaning given by section 74.
(2) In the application of this Chapter to Northern Ireland—
(a) references to a justice of the peace are to be read as references to a district judge (magistrates' courts);
(b) references to a judge of the Crown Court are to be read as references to a county court judge.