Coroners_and_Justice_Act_2009
Coroners and Justice Act 2009
United Kingdom legislation
The Coroners and Justice Act 2009 (c. 25) is an Act of the Parliament of the United Kingdom. It changed the law on coroners and criminal justice in England and Wales.
Among its provisions are:
- preventing criminals from profiting from publications about their crimes[1]
- abolishing the anachronistic offences of sedition and seditious, defamatory and obscene libel[2]
- re-enacting the provisions of the emergency Criminal Evidence (Witness Anonymity) Act 2008 so that the courts may continue to grant anonymity to vulnerable or intimidated witnesses where this is consistent with a defendant's right to a fair trial[1]
- criminalising possession of non-photographic pornographic images depicting under-18s, and of adults where the "predominant impression conveyed" is of a person under the age of 18.[3]
- criminalising the holding of someone in slavery or servitude, or requiring them to perform forced or compulsory labour[4]
- provision for the abolition of the office of Coroner of the Queen's Household.[5]
- Creation of the office of Chief Coroner of England and Wales.[6]
- creation of the partial defence of loss of control.[7]
The Act makes it illegal to own any pornographic picture depicting under-18s participating in sexual activities, or depictions of sexual activity in the presence of someone under 18. The law has been condemned by a coalition of graphic artists, publishers and MPs, fearing it will criminalise graphic novels such as Lost Girls and Watchmen.[8] These sections came into effect on 6 April 2010.[9]
The Act contains measures to reform the coroner system. According to the Institute of Legal Executives, "There is provision, carefully circumscribed, for the establishment of a judicial inquiry under the 2005 Inquiries Act to take the place of an inquest, where there is highly sensitive evidence (typically intercept) and it would not be possible to have an Article 2 compliant inquest. These provisions will be used in rare cases only."[2]
The most controversial[citation needed] aspect of the bill are the provisions regarding secret inquests. The provisions had previously been mulled as part of the Counter-Terrorism Act 2008, though ultimately they were dropped before the Counter-Terrorism Bill was finalised. Last-minute concessions, as the Coroners and Justice Bill passed through Parliament, included giving the Lord Chief Justice the power to veto any requests for private inquests and also the power to decide who the judge is.[10]