The Bar Council and the Criminal Bar Association (CBA) have today welcomed changes made to the Coroners and Justice Bill, which received royal assent yesterday.
The Ministry of Justice said the act will provide better protection for victims and witnesses during criminal investigations, more consistency in sentencing, and modernise the coroner system.
Among other measures it will establish a new Sentencing Council for England and Wales, with a strengthened remit to promote consistency and predictability in sentencing, replace the partial defence of provocation with a new narrower defence of ‘loss of control’, and extend the use of ‘special measures’ to protect vulnerable witnesses. The act introduces the first major reform of the coroner system for more than 100 years, creating a new framework for England and Wales, establishing more consistent inspection and quality standards, and incorporating new rights of appeal for bereaved families who are unhappy with a coroner’s decision.
Controversially, the act allows for secret judicial inquiries to replace inquests in cases concerning sensitive information that may pose a risk to national security, from which the bereaved families could be excluded.
Justice secretary Jack Straw said: ‘This act continues the government’s drive to improve the justice system. We are putting the focus clearly on the needs of victims, helping witnesses give their best evidence, and setting up a new Sentencing Council to better secure transparency and consistency in sentencing in a manner which does not compromise the independence of the judiciary.’
In relation to the coroners reforms, he said: ‘Coming into contact with the coroners system can be a daunting and complicated experience, at a particularly traumatic time, for those who have lost loved ones. Accessing the right information and support at the right time can make a real difference in finding resolution. That is why we are setting out national guidelines to establish consistent levels of service – so that members of the public know what they can expect.’
During the bill’s passage through parliament, the Bar Council and the CBA had expressed concerns about many of its features, particularly those relating to the reform of the coroners system.
Following the passing of the bill, they welcomed the government’s recognition that legal aid should be available for bereaved families and other interested parties where the state is represented, and that the size of coroners’ juries should not be reduced.
The Bar Council was pleased that the use of damages-based agreements such as contingency fees has not been extended beyond employment cases, in order to allow the government to take into account the conclusions of Lord Justice Jackson’s review of the costs of civil litigation.
Bar chairman, Desmond Browne QC said: ‘We are pleased that the government recognised the force of many of the bar’s concerns about changes to the coroners system, data sharing and damages based agreements, prompting amendments to the bill which parliament approved. In these respects the bill has been strengthened, in the public interest.’
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