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Better protection for witnesses during criminal investigations, more consistency in sentencing and modernisation of the coroners system are part of a raft of new measures that became law yesterday.

The Coroners and Justice Act 2009, which received Royal Assent today, will deliver a more responsive and transparent justice system for victims, witnesses and the wider public, and place bereaved families at the heart of the coroner service.

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.’

The Act will, among other measures:

• establish a new Sentencing Council for England and Wales, with a strengthened remit to promote consistency and predictability in sentencing
• enable the prosecution of war criminals and the perpetrators of genocide and crimes against humanity for crimes committed after 1 January 1991, extending the reach of UK law by ten years
• strengthen the criminal law by providing a single offence to protect those subjected to modern-day slavery, servitude and forced labour
• ensure that offenders who are banned from driving and are also given prison sentences are prevented from driving for an appropriate period after release from prison
• reform the outdated partial defence of provocation and replace it with a new partial defence of 'loss of control'; this will narrow the circumstances in which a person who kills in anger can claim a partial defence; it also allows for those who kill in fear of serious violence to put forward a partial defence on that specific basis
• prevent criminals from profiting from publications about their crimes through a new civil scheme
• extend the use of ‘special measures’ such as live video links and screens around the witness box, so vulnerable and intimidated witnesses give their best evidence during criminal proceedings
• re-enact 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
• strengthen the laws of child pornography to include non-photographic images of child abuse
• abolish the anachronistic offences of sedition and seditious defamatory and obscene libel.

The Act introduces the first major reforms for over 100 years of the coroner system by 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.

The new service, with national leadership provided by a new Chief Coroner, will reduce delays and improve the quality of investigations and inquests through improved powers and guidance for coroners. To prevent backlogs for both military and non-military inquests, investigations can now be transferred from one coroner area to another; and there will be clear standards so that all bereaved families receive the level of service they are entitled to expect. Knowledge gained from every death investigation will be applied more effectively for the prevention of further avoidable death and injury.

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.

Jack Straw 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.’

The provisions set out in the Act will simplify and strengthen the process for death certification in England and Wales by introducing a unified system for both burials and cremations and by appointing medical examiners to provide an independent scrutiny of the cause of death. This new system will address weaknesses in the present arrangements identified by the Shipman Inquiry and ensure that cause of death is confirmed in a way that is proportionate, consistent and transparent with additional safeguards for bereaved families.

Notes to editors

1. The Coroners and Justice Bill was introduced in the House of Commons on 14 January 2009.
2. For further information, please contact the Ministry of Justice newsdesk on 020 3334 3536.