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coroners and justice act 2009 citationchristine brennan website

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Among its provisions are: preventing criminals from profiting from publications about their crimes; abolishing the anachronistic offences of sedition and seditious, defamatory and obscene libel 10. Advanced Search (including Welsh legislation in Welsh language), the original print PDF of the as enacted version that was used for the print copy, lists of changes made by and/or affecting this legislation item, confers power and blanket amendment details, links to related legislation and further information resources. 17. It is the product of work undertaken by the Law Commission in 2004 and 2006, culminating in a Government . The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. An Act to amend the law relating to coroners, to investigation of deaths and to certification and registration of deaths; to amend the criminal law; to make provision about criminal justice and about dealing with offenders; to make provision about the . 6. Citation 2009 c. 25: 94. Required custodial sentences for certain offences, Restriction on imposing custodial sentence or service detention, Proving of foreign convictions before courts in England and Wales. Sections 54 of the Coroners and justice act 2009 provides that a party will not be guilty of murder is his conduct or omission resulted from the loss of self-control.. Births and Deaths Registration Act 1926 (c. 48). Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. 39. 13)), Law Reform (Year and a Day Rule) Act 1996 (c. 19), Criminal Libel Act 1819 (60 Geo. (1) A senior coroner must suspend an investigation under this (1) Subject to sub-paragraph (6), a senior coroner must suspend (1) Subject to sub-paragraph (2), a senior coroner must suspend (1) This paragraph applies where an investigation is suspended under A senior coroner may suspend an investigation under this Part (1) Where an investigation is suspended under this Schedule, the An investigation that is suspended under paragraph 1 must be (1) An investigation that is suspended under paragraph 2 may (1) Where an investigation is suspended under paragraph 3. 28. 5. 18. Refer to Resources and downloads for a full list of NZCASS 2014 reporting products Contact us for further information about these and related . 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. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). 7. 2008, c. 28 Between: Canadian Society for the Advancement of Science in . Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. 8. may also experience some issues with your browser, such as an alert box that a script is taking a The Act was prompted by the Government and guided by the Law Commission. (1) Where an investigation is suspended under paragraph 3, Resumption of investigation suspended under paragraph 5. Section 2: Request for other coroner to conduct investigation. long time to run. The estimated costs and benefits of proposed measures. 8. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. 49. Changes and effects are recorded by our editorial team in lists which can . Select your citation manager software: Direct import . In section 352 (search and seizure warrants), In section 353 (requirements where production order not available). However, Section 55 of The Coroners and Justice Act 2009 states that there must be a qualifying trigger for the loss of self control experienced by the defendant.. 2(1) of the old law has been modified by Section 52 of The Coroners and Justice Act 2009..In this case, the abnormality of the mind in Section 2 of the Homicide Act 19577 has been modified to become abnormality of mental . This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. 4. It introduces the new concept of 'investigations' into deaths, which where appropriate will include an inquest, as well as . Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. Access essential accompanying documents and information for this legislation item from this tab. Advanced Search (including Welsh legislation in Welsh language), Request for other coroner to conduct investigation, Direction for other coroner to conduct investigation, Discontinuance where cause of death revealed by post-mortem examination, Investigation in England and Wales despite body being brought to Scotland, Monitoring of and training for investigations into deaths of service personnel, Notification by medical practitioner to senior coroner, Outcome of investigations concerning treasure, Duty to notify Coroner for Treasure etc of acquisition of certain objects, Code of practice under the Treasure Act 1996, Reports and advice to the Lord Chancellor from the Chief Coroner, Medical Adviser and Deputy Medical Advisers to the Chief Coroner, Abolition of the office of coroner of the Queens household, Amendments to the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976, Public funding for advocacy at certain inquests, Persons suffering from diminished responsibility (England and Wales), Persons suffering from diminished responsibility (Northern Ireland), Abolition of common law defence of provocation, Encouraging or assisting suicide (England and Wales), Encouraging or assisting suicide (Northern Ireland), Encouraging or assisting suicide: information society services, Possession of prohibited images of children, Special rules relating to providers of information society services, Indecent pseudo-photographs of children: marriage etc, Genocide, crimes against humanity and war crimes, Slavery, servitude and forced or compulsory labour, Abolition of common law libel offences etc, Eligibility for special measures: age of child witnesses, Eligibility for special measures: offences involving weapons, Special measures directions for child witnesses, Special provisions relating to sexual offences, Evidence by live link: presence of supporter, Video recorded evidence in chief: supplementary testimony, Examination of accused through intermediary, Searches of persons answering to live link bail, Use of live link in certain enforcement hearings, Direction of registrar for appeal hearing by live link, Admissibility of evidence of previous complaints, Powers in respect of offenders who assist investigations and prosecutions, Bail: risk of committing an offence causing injury, Bail decisions in murder cases to be made by Crown Court judge, Detention of persons under section 41 of the Terrorism Act 2000, Preparation or revision of guidelines in urgent cases, Proposals by Lord Chancellor or Court of Appeal, Resources: effect of factors not related to sentencing, Duty to assess impact of policy and legislative proposals, Entrenchment of Lord Chancellors functions, Dangerous offenders: terrorism offences (England and Wales), Dangerous offenders: terrorism offences (Northern Ireland), Appeals against certain confiscation orders (England and Wales), Appeals against certain confiscation orders (Northern Ireland), Implementation of E-Commerce and Services directives: penalties, Transfer to Parole Board of functions under the Criminal Justice Act 1991, Retention of knives surrendered or seized (England and Wales), Retention of knives surrendered or seized (Northern Ireland), Excluded services: help in connection with business matters, Criminal Defence Service: information requests, Criminal Defence Service: enforcement of order to pay cost of representation, Statutory instruments relating to the Legal Services Commission, Damages-based agreements relating to employment matters, Functions of Serious Organised Crime Agency, Further amendments of the Data Protection Act 1998 (c. 29), Consequential etc amendments and transitional and saving provisions, Effect of amendments to provisions applied for purposes of service law, Suspension where certain criminal charges may be brought, Suspension where certain criminal proceedings are brought, Suspension pending inquiry under Inquiries Act 2005. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). 35. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). 16. 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. For the purposes of subsection (1)(a), it does not matter whether or not the loss of control was sudden. may also experience some issues with your browser, such as an alert box that a script is taking a 1. 200 provisions and might take some time to download. 4. In section 341 (investigations), after subsection (4) add, In section 342 (offences of prejudicing investigation). The Coroners and Justice Act 2009 ("the Act") changes the law on coroners and criminal justice in England and Wales. 92. Kate Cook, M. James, Richard Lee. 15. (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. This study of medico-legal and epidemiological details of homicidal cases would help in enhancement of various stakeholders in law enforcing agencies with the view to benefit the process of scientific crime detection and proper administration of justice at large. 1996, c. 241; and the Public Health Act, S.B.C. 6)). 34. (1) Section 5 (prohibition of activities without consent etc) is 50.In section 43 (preservation for transplantation), after subsection (5) insert 51.In Schedule 14 to the Constitutional Reform Act 2005 (the 52.In Schedule 21 to the Criminal Justice Act 2003 (determination Children and Young Persons Act 1933 (c. 12). Since April 2009, there have been 167 cases Subsection (1) does not apply if, in doing or being a party to the killing, D acted in a considered desire for revenge. 3. The Schedules you have selected contains over 200 provisions and might take some time to download. (1) Paragraph 11 of Schedule 7 to that Act (miscellaneous Part 5 Monetary penalties: restriction on matters to be taken into account. Act you have selected contains over For further information see the Editorial Practice Guide and Glossary under Help. In Watson, B (Ed.) Section 3: Direction for other coroner to conduct investigation. long time to run. Dependent on the legislation item being viewed this may include: Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. 4. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. Changes that have been made appear in the content and are referenced with annotations. 49. 2. 14. D's acts and omissions in doing or being a party to the killing resulted from D's loss of self-control, the loss of self-control had a qualifying trigger, and. 11. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. 27.In Part 3 of Schedule 1 to the Northern Ireland 28.In Schedule 6A to the Magistrates' Courts Act 1980 (fines Access to Health Records Act 1990 (c. 23). 34. 2010/816, art. 3. Judicial Pensions and Retirement Act 1993 (c. 8). No versions before this date are available. An Act to amend the law relating to coroners, to investigation of deaths and to certification and registration of deaths; to amend the criminal law; to make provision about criminal justice and about dealing with offenders; to make provision about the Commissioner for Victims and Witnesses; to make provision relating to the security of court and other buildings; to make provision about legal . Proceedings of High Risk Road Users - Motivating Behaviour Change: What Works and What Doesn't Work? Why the government is proposing to intervene; The main options the government is considering, and which one is preferred; How and to what extent new policies may impact on them; and. The Treasure Act 1996 is amended as follows. Among its provisions are: preventing criminals from profiting from publications about their crimes; abolishing the anachronistic offences of sedition and seditious, defamatory and obscene libel . (1) In section 34 of the Health and Safety at House of Commons Disqualification Act 1975 (c. 24). Encouraging or assisting suicide: providers of information society services, Domestic service providers: extension of liability. Functions of Assistant Coroners for Treasure. 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. (1) Article 72 of that Order (conviction as evidence of 18.In Article 73 of that Order (provisions supplementary to Article 1.Part 8 of the Proceeds of Crime Act 2002 (c. 2.In section 341 (investigations), after subsection (4) add, 3.In section 342 (offences of prejudicing investigation). The Act is divided into nine sections, each of which covers various fields of law. 11. The estimated costs and benefits of proposed measures. 7. No versions before this date are available. 1)). 10. 5. 8. 67.In section 4 of the Newspaper Libel and Registration Act 68.In section 8 of the Law of Libel Amendment Act 69.In section 31 of the Criminal Appeal Act 1968 (powers 70.In section 36 of the Court Martial Appeals Act 1968 Criminal Appeal (Northern Ireland) Act 1980 (c. 47). 3 & 1 Geo. Newspaper Libel and Registration Act 1881 (c. 60). Jurors engaging in other prohibited conduct. The amendments to the Coroners Act (Northern Ireland) 1959 (the 1959 Act) made by section 49 and Schedule 11; Reform . 53.In Schedule 1 to the Children and Young Persons Act 54.In the Visiting Forces Act 1952 (a) in section 7(6) 55.In Schedule 1 to the Suicide Act 1961, Criminal Justice Act (Northern Ireland) 1966 (c. 20). Medical examiners will be senior doctors, specifically trained for 38. 3.In section 4 (prohibition of removal of body out of 4.In section 5 (burial of still-born children), for the words 6.Births and Deaths Registration Act 1953 (c. 20). Section 4: Discontinuance where cause of death revealed by post-mortem examination. 5. (1) A person who is a councillor for a local Part 3 Vacancies; functions of area and assistant coroners. You Suspension where certain criminal proceedings are brought. The Coroners and Justice Act 2009 is a UK Act of Parliament that made significant changes to the law relating to coroners, death certification, and other aspects of the criminal justice system. 26.In Part 3 of Schedule 1 to the House of Northern Ireland Assembly Disqualification Act 1975 (c. 25). Exercise of Chief Coroner's functions by Deputy Chief coroner. In section 341 (investigations), after subsection (4) add, In section 342 (offences of prejudicing investigation). Different options to open legislation in order to view more content on screen at once. (1) Section 270B of the Armed Forces Act 2006 (c. 10.Required custodial sentences for certain offences, 11.Restriction on imposing custodial sentence or service detention, 13.Proving of foreign convictions before courts in England and Wales. For further information see the Editorial Practice Guide and Glossary under Help. 10)), 5.Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), 6.Criminal Justice (Northern Ireland) Order 2008 (S.I. The Whole Act you have selected contains over 200 provisions and might take some time to download. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. 6. 17. (1) The Lord Chancellor must appoint staff to assist the Medical adviser and Deputy medical advisers to the Chief Coroner, Appointment and functions of Medical Adviser to the Chief Coroner. Different options to open legislation in order to view more content on screen at once. There are changes that may be brought into force at a future date. 38. It is unfortunate that the Commission and Government dismissed the issue of honour killings so quickly, on the basis of unconvincing research evidence. The Lord Chief Justice must, with the agreement of the (1) A person is eligible for appointment as a judicial (1) A person is eligible for appointment as a non-judicial (1) The Lord Chief Justice is to have the title (1) The Lord Chancellor may appoint a person to attend (1) The Lord Chancellor may by order make provision. You 15. 5B. Treatment of convictions in other member States etc. 4. The Act was introduced in response to concerns about the efficiency and effectiveness of the coroner system, which had come under criticism for delays . Act you have selected contains over The first date in the timeline will usually be the earliest date when the provision came into force. 200 provisions and might take some time to download. Omit section 21 (registration of death after twelve months). The Schedules you have selected contains over 200 provisions and might take some time to download. If you have any questions at any point, you can always contact staff at the coroner's office, who will be happy to answer your questions. 31.In Part 2 of Schedule 1 to the Judicial Pensions 32.The Merchant Shipping Act 1995 is amended as follows. 9. 13)), 60.Law Reform (Year and a Day Rule) Act 1996 (c. 19), Part 4 Abolition of common law libel offences etc, 65.Criminal Libel Act 1819 (60 Geo. 6. 1997 - Present26 years. 6. Required custodial sentences for certain offences. 42. I. 25. 4. 10. I1S. The Lord Chancellor may pay to the Chief Coroner. (1) Article 72 of that Order (conviction as evidence of 18.In Article 73 of that Order (provisions supplementary to Article 1.Part 8 of the Proceeds of Crime Act 2002 (c. 2.In section 341 (investigations), after subsection (4) add, 3.In section 342 (offences of prejudicing investigation). (1) After section 147 of the Powers of Criminal Courts Criminal Justice (Northern Ireland) Order 2008 (S.I. Act you have selected contains over 4.In section 343(3) (judges) after civil recovery investigation insert or 5.In section 344(b) (courts) after civil recovery investigation insert or 6.In section 345(2) (production orders), in paragraph (a) after confiscation 7.In section 346 (requirements for making of production order). 9. Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. 5. Revised legislation carried on this site may not be fully up to date. 5. London, United Kingdom. (1) Section 8 (duty of finder to notify coroner) is 40.After section 8A (inserted by section 30 of this Act) 41.For section 9 substitute Procedure for investigations: England and Wales Northern Ireland (Location of Victims' Remains) Act 1999 (c. 7). We designed a retrospective case series and pre-registered the study protocol on the Open Science Framework (OSF) [].Data were acquired from the Courts and Tribunals Judiciary website [] using web scraping to populate a table for manual screening, as described elsewhere [11, 15].The web scraper produced a database, called the Preventable Deaths Database . (1) The Road Traffic Offenders Act 1988 is amended as Criminal Procedure (Scotland) Act 1995 (c. 46). (1) Section 5 (prohibition of activities without consent etc) is 50.In section 43 (preservation for transplantation), after subsection (5) insert 53.Children and Young Persons Act 1933 (c. 12), 56.Criminal Justice Act (Northern Ireland) 1966 (c. 20), 57.Children and Young Persons Act (Northern Ireland) 1968 (c. 34), 59.Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. Under s.54-56 of the Coroners and Justice Act 2009, the defence of provocation is abolished and in its place comes a new partial defence involving loss of control. 29. The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. 60. 5. Our recommendations on partial defences have been implemented in large part by the Coroners and Justice Act 2009. 6. These Rules amend the Magistrates' Courts (Northern Ireland) Rules 1984 (S.R.1984 No.225) ("the principal Rules") to amend the procedure around entering a plea of guilty by post, prescribe the procedure relating to applications in respect of investigation anonymity orders under section 77-85 of the Coroners and Justice Act 2009 ('the 2009 Act'), and make a number of minor technical . 23. No changes have been applied to the text. 3. Advanced Search (including Welsh legislation in Welsh language), Request for other coroner to conduct investigation, Direction for other coroner to conduct investigation, Discontinuance where cause of death becomes clear before inquest, Surrender of electronic communications devices by jurors, Surrender of electronic communications devices: powers of search etc, Inquests without jury to be conducted at hearing or in writing, Investigation in England and Wales despite body being brought to Scotland, Monitoring of and training for investigations into deaths of service personnel, Notification by medical practitioner to senior coroner, Outcome of investigations concerning treasure, Duty to notify Coroner for Treasure etc of acquisition of certain objects, Code of practice under the Treasure Act 1996, Reports and advice to the Lord Chancellor from the Chief Coroner, Medical Adviser and Deputy Medical Advisers to the Chief Coroner, Abolition of the office of coroner of the Queen's household, Amendments to the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976, Public funding for advocacy at certain inquests, Persons suffering from diminished responsibility (England and Wales), Persons suffering from diminished responsibility (Northern Ireland), Abolition of common law defence of provocation, Encouraging or assisting suicide (England and Wales), Encouraging or assisting suicide (Northern Ireland), Encouraging or assisting suicide: information society services, Possession of prohibited images of children, Special rules relating to providers of information society services, Indecent pseudo-photographs of children: marriage etc, Genocide, crimes against humanity and war crimes, Abolition of common law libel offences etc, Eligibility for special measures: age of child witnesses, Eligibility for special measures: offences involving weapons, Special measures directions for child witnesses, Special provisions relating to sexual offences, Evidence by live link: presence of supporter, Video recorded evidence in chief: supplementary testimony, Examination of accused through intermediary, Searches of persons answering to live link bail, Use of live link in certain enforcement hearings, Direction of registrar for appeal hearing by live link, Admissibility of evidence of previous complaints, Powers in respect of offenders who assist investigations and prosecutions, Bail: risk of committing an offence causing injury, Bail decisions in murder cases to be made by Crown Court judge, Detention of persons under section 41 of the Terrorism Act 2000, Preparation or revision of guidelines in urgent cases, Proposals by Lord Chancellor or Court of Appeal, Resources: effect of factors not related to sentencing, Duty to assess impact of policy and legislative proposals, Entrenchment of Lord Chancellor's functions, Dangerous offenders: terrorism offences (England and Wales), Dangerous offenders: terrorism offences (Northern Ireland), Appeals against certain confiscation orders (England and Wales), Appeals against certain confiscation orders (Northern Ireland), Implementation of E-Commerce and Services directives: penalties, Transfer to Parole Board of functions under the Criminal Justice Act 1991, Retention of knives surrendered or seized (England and Wales), Retention of knives surrendered or seized (Northern Ireland), Excluded services: help in connection with business matters, Criminal Defence Service: information requests, Criminal Defence Service: enforcement of order to pay cost of representation, Statutory instruments relating to the Legal Services Commission, Damages-based agreements relating to employment matters, Functions of Serious Organised Crime Agency, Further amendments of the Data Protection Act 1998 (c. 29), Consequential etc amendments and transitional and saving provisions, Effect of amendments to provisions applied for purposes of service law. Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below. 30. Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. 3. 4. The Whole Amendments of the Data Protection Act 1998 (c. 29). the Coroners and Justice Act 2009(2). Download citation. In section 34B (certificates of completion of courses). Omit section 21 (registration of death after twelve months). Coroners and Justice Act 2009. Hoyano, Laura C. H., Coroners and Justice Act . Under s.54-56 of the Coroners and Justice Act 2009, the defence of provocation is abolished and in its place comes a new partial defence involving loss of control. 4. (1) In section 41 (interpretation) insert the following definitions at 25.Health and Safety at Work etc. 1996/1320 (N.I. Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated. 1)). 1. Person to act as senior coroner in case of vacancy. 2. The 2009 reforms created a national Chief Coroner, but not a national service. Amendments of the Data Protection Act 1998 (c. 29). Youth Justice and Criminal Evidence Act 1999 (c. 23). (1) This paragraph applies where an investigation is suspended under 7.Resumption of investigation suspended under paragraph 1, 8.Resumption of investigation suspended under paragraph 2, 9.Resumption of investigation suspended under paragraph 3, 10.Resumption of investigation suspended under paragraph 5, 4.Effect of body being outside coroner area etc, Appointment etc of senior coroners, area coroners and assistant coroners, Part 1 Appointment of senior, area and assistant coroners, 2.Appointment of area and assistant coroners, Part 2 Qualifications of senior, area and assistant coroners. 39. Suspension pending inquiry under Inquiries Act 2005. Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. 3. Proving of foreign convictions before courts in Northern Ireland. Citation: 2009 c. 25: Coroners and Justice Act 2009 2009 Chapter 25. 5. Inquests in England and Wales are held into sudden or unexplained deaths and also into the circumstances of and discovery of a certain class of valuable artefacts known as "treasure trove".In England and Wales, inquests are the responsibility of a coroner, who operates under the jurisdiction of the Coroners and Justice Act 2009.In some circumstances where an inquest cannot view or hear all the . Dependent on the legislation item being viewed this may include: Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. An Impact Assessment allows those with an interest in the policy area to understand: All content is available under the Open Government Licence v3.0 except where otherwise stated. The first date in the timeline will usually be the earliest date when the provision came into force. 5C. 16. Citation: Canadian Society for the Advancement of Science in Public Policy v. British Columbia, 2023 BCSC 284 Date: 20230228 Docket: S2110229 Registry: Vancouver. may also experience some issues with your browser, such as an alert box that a script is taking a With a rare multi-disciplinary practice she has brought test cases to set world-leading precedents. For more information see the EUR-Lex public statement on re-use. Why the government is proposing to intervene; The main options the government is considering, and which one is preferred; How and to what extent new policies may impact on them; and. An Impact Assessment allows those with an interest in the policy area to understand: Use this menu to access essential accompanying documents and information for this legislation item. long time to run.

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coroners and justice act 2009 citation

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