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Amendments to the Sexual Offences (Amendment) Bill

Sexual Offences (Amendment) Bill -
Amendments to be debated in the House of Lords

Here you can browse the Amendments to the Sexual Offences (Amendment) Bill to be moved in Committee in the House of Lords.

  
Clause 1
 
  
BY THE BARONESS YOUNG
THE BARONESS SECCOMBE
 
     Line 5, leave out subsections (1) to (4) and insert--
 
    ("(1)  In the Sexual Offences Act 1956, in sub-paragraphs (a) and (b) of paragraph 16 (indecency between men etc.) of Schedule 2 (punishments etc.), for the word "eighteen" there shall be substituted the word "sixteen".
 
    (2)  In the Sexual Offences Act 1967--
    (a)  in subsection (1) of section 1 (amendment of law relating to homosexual acts in private), for the words "a homosexual act" there shall be substituted the words "an act of buggery in private with another man or commission of an act of buggery";
    (b)  after subsection (1), there shall be inserted--
          (1A)  Notwithstanding any statutory or common law provision, an act of gross indecency in private with another man or commission of an act of gross indecency shall not be an offence provided that the parties consent thereto and have attained the age of sixteen years.";
    (c)  in subsection (3), after the words "subsection (1)" insert "or (1A)";
    (d)  in place of subsection (6), there shall be substituted--
          (6)  It is hereby declared that where in any proceedings it is charged that--
 
      (a)  an act of buggery with another man or being party to the commission of such an act is an offence the prosecutor shall have the burden of proving that the act was done otherwise than in private or otherwise than with the consent of the parties or that any of the parties had not attained the age of eighteen years; 
      (b)  an act of gross indecency with another man or being party to the commission of such an act is an offence the prosecutor shall have the burden of proving that the act was done otherwise than in private or otherwise than with the consent of the parties or that any of the parties had not attained the age of sixteen years."; and
    (e)  in section 8 (restriction on prosecutions), for the words "against any man" to the end of section there shall be substituted--
 
      (a)  for the offence of buggery with another man, for attempting to commit an act of buggery, or for aiding, abetting, counselling, procuring or commanding its commission where either of those men was at the time if its commission under the age of eighteen; 
      (b)  for the offence of gross indecency with another man, for attempting to commit an act of gross indecency, or for aiding, abetting, counselling, procuring or commanding its commission where either of those men was at the time if its commission under the age of sixteen."
 
    (3)  In section 13 of the Criminal Law (Consolidation) (Scotland) Act 1995 (homosexual offences)--
    (a)  in subsection (1) for the words "a homosexual act" there shall be substituted "an act of sodomy in private by one male person with another male person or commission of an act of sodomy";
    (b)  after subsection (1), there shall be inserted--
          (1A)  Subject to the provisions of this section, an act of gross indecency in private or shameless indecency in private by one male person with another male person or commission of such an act shall not be an offence provided that the parties consent thereto and have attained the age of sixteen years.";
    (c)  in subsection (3), after the words "subsection (1)" insert "or (1A)";
    (d)  in subsections (5) and (8), for the words "a homosexual act" there shall be substituted "an act of sodomy by one male person with another male person";
    (e)  after subsection (5), there shall be inserted--
          (5A)  Subject to subsection (3) above, it shall be an offence to commit or to be party to the commission of, or to procure or attempt to procure the commission of an act of gross indecency or shameless indecency by one male person with another male person--
 
      (a)  otherwise than in private; 
      (b)  without the consent of both parties to the act; or 
      (c)  with a person under the age of sixteen years."; and
    (e)  after subsection (8), there shall be inserted--
          (8A)  It shall be a defence to a charge of committing or to being party to the commission of, or to procure or attempt to procure the commission of an act of gross indecency or shameless indecency by one male person with another male person under subsection (5A)(c) above that the person so charged being under the age of 24 who had not previously been charged with a like offence, had reasonable cause to believe that the other person was of or over the age of 16 years.";
    (4)  In Article 3 of the Homosexual Offences (Northern Ireland) Order 1982 (homosexual acts in private)--
    (a)  in paragraph (1), for the words "a homosexual act" there shall be substituted "an act of buggery in private with another man or commission of an act of buggery";
    (b)  after paragraph (1), there shall be inserted--
          (1A)  Subject to Article 123 of the Mental Health (Northern Ireland) Order 1986, and notwithstanding any other statutory provision or any rule of law, an act of gross indecency in private with another man or commission of an act of gross indecency with another man shall not be an offence provided that the parties consent thereto and have attained the age of 17 years.";
    (c)  in paragraph (3), after the words "paragraph (1)" insert "or (1A)"; and
    (d)  in paragraph (5), for the words "a homosexual act" to the end there shall be substituted--
 
      (a)  an act of buggery with another man or being party to the commission of such an act is an offence the prosecutor shall have the burden of proving that the act was done otherwise than in private or otherwise than with the consent of the parties or that any of the parties had not attained the age of 18 years; 
      (b)  an act of gross indecency with another man or being party to the commission of such an act is an offence the prosecutor shall have the burden of proving that the act was done otherwise than in private or otherwise than with the consent of the parties or that any of the parties had not attained the age of 17 years.".") 
  
BY THE BARONESS SECCOMBE
 
     Page 1, leave out lines 6 to 9 and insert--
    ("(a)  in subsections (1) and (3) of section 6 (intercourse with girl between thirteen and sixteen), for each occurrence of the word "sixteen", there shall be substituted the word "eighteen"; and
    (b)  after subsection (3) of section 6, there shall be inserted the following subsection--
          (4)  It shall not be an offence under this section to have sexual intercourse with a girl between sixteen and eighteen if the man was lawfully married to the girl."")
 
  
BY THE BARONESS BLATCH
 
     Page 1, line 9, leave out (""sixteen"") and insert (""seventeen"") 
  
BY THE BARONESS SECCOMBE
 
     Page 1, leave out lines 11 to 13 
  
BY THE BARONESS BLATCH
 
     Page 1, line 13, leave out (""sixteen"") and insert (""seventeen"") 
  
BY THE BARONESS SECCOMBE
 
     Page 1, line 15, leave out (""sixteen"") and insert (""eighteen"") 
  
BY THE BARONESS BLATCH
 
     Page 1, line 15, leave out (""sixteen"") and insert (""seventeen"") 
     Page 1, line 15, at end insert--
 
    ("(2A)  In the Criminal Law (Consolidation) (Scotland) Act 1995--
    (a)  in subsections (1) and (2) of section 3 (intercourse of person in position of trust with child under 16);
    (b)  in subsections (3) and (5) of section 5 (intercourse with girl under sixteen); and
    (c)  in section 6 (indecent behaviour towards girls between 12 and 16),
    for every occurrence of the word "16" there shall be substituted the word "17"; and
    (d)  after section (5)(b), there shall be inserted the following subsection--
      (c)  was lawfully married to the girl.".")
 
  
BY THE BARONESS SECCOMBE
 
     Page 1, line 16, leave out subsections (3) and (4) and insert--
 
    ("(3)  In the Criminal Law (Consolidation) (Scotland) Act 1995--
    (a)  in subsections (1) and (2) of section 3 (intercourse of person in of trust with child under 16);
    (b)  in subsections (3) and (5) of section 5 (intercourse with girl under sixteen); and
    (c)  in section 6 (indecent behaviour towards girls between 12 and 16),
    for every occurrence of the word "16" there shall be substituted the word "18"; and
    (d)  after section (5)(b), there shall be inserted the following subsection--
 
 
      (c)  was lawfully married to the girl."
    (4)  In section 5 of the Criminal Law Amendment Act 1885 (defilement of girl under seventeen years of age), for the word "seventeen" there shall be substituted the word "eighteen".")
 
  
BY THE BARONESS BLATCH
 
     Page 1, line 20, leave out (""sixteen"") and insert (""seventeen"") 
     Page 1, line 23, at end insert--
 
    ("(  )  In section 6 of the Sexual Offences Act 1956 (intercourse with girl between thirteen and sixteen)--
    (a)  in subsection (1), for the word "sixteen" there shall be substituted "seventeen"
    (b)  in subsection (3), for each occurrence of the word "sixteen", there shall be substituted "seventeen"; and
    (c)  after subsection (3), there shall be inserted--
        (4)  It shall not be an offence under this section to have sexual intercourse with a girl between sixteen and seventeen if the man was lawfully married to the girl.".")
 
  
BY THE BARONESS SECCOMBE
 
     Page 2, line 1, leave out subsection (5) 
  
Clause 2
 
  
BY THE BARONESS YOUNG
THE BARONESS SECCOMBE
 
     Page 2, line 11, leave out ("sixteen") and insert ("eighteen") 
  
BY THE BARONESS BLATCH
 
     Page 2, line 11, leave out ("sixteen") and insert ("seventeen") 
  
BY THE BARONESS SECCOMBE
 
     Page 2, line 19, leave out ("sixteen") and insert ("eighteen") 
  
BY THE BARONESS BLATCH
 
     Page 2, line 19, leave out ("sixteen") and insert ("seventeen") 
  
BY THE BARONESS YOUNG
THE BARONESS SECCOMBE
 
     Page 2, line 22, leave out (""a homosexual act"") and insert (""an act of buggery in private with another man"") 
     Page 2, line 25, leave out ("a homosexual act") and insert ("an act of buggery with another man or commission of an act of buggery") 
     Page 2, line 26, leave out ("sixteen") and insert ("eighteen") 
  
BY THE BARONESS BLATCH
 
     Page 2, line 26, leave out ("sixteen") and insert ("seventeen") 
  
BY THE BARONESS YOUNG
THE BARONESS SECCOMBE
 
     Page 2, line 27, at end insert--
 
    ("(3A)  In subsection (1A) of section 1 of the Sexual Offences Act 1967 (as inserted by section 1)--
    (a)  the words from "an act of gross indecency" to the end shall become paragraph (a); and
    (b)  after that paragraph there shall be inserted the words, "and
      (b)  an act of gross indecency with another man or commission of an act of gross indecency by any person shall not be an offence if he is under the age of sixteen and the other party has attained that age.".")
 
     Page 2, line 29, leave out ("subsection") and insert ("subsections") 
     Page 2, line 30, leave out ("(8A)") and insert ("(8B)") 
     Page 2, line 30, leave out ("sixteen") and insert ("eighteen") 
  
BY THE BARONESS BLATCH
 
     Page 2, line 30, leave out ("sixteen") and insert ("seventeen") 
  
BY THE BARONESS YOUNG
THE BARONESS SECCOMBE
 
     Page 2, line 32, leave out ("a homosexual act") and insert ("an act of sodomy") 
     Page 2, line 33, at end insert--
 
    ("(8C)  A person under the age of sixteen years does not commit an offence under subsection (5A)(a) or (c) above if he commits or is party to the commission of an act of gross indecency or shameless indecency with a person who has attained that age.")
 
     Page 2, line 36, leave out ("a homosexual act") and insert ("an act of buggery in private with another man") 
     Page 2, line 39, leave out ("a homosexual act") and insert ("an act of buggery or commission of an act of buggery") 
     Page 2, line 40, leave out ("seventeen") and insert ("eighteen") 
     Page 2, line 41, at end insert--
 
    ("(6)  In paragraph (1A) of Article 3 of the Homosexual Offences (Northern Ireland) Order 1982 (as inserted by section 1)--
    (a)  the words from "an act of gross indecency" to the end shall become paragraph (a); and
    (c)  after that paragraph there shall be inserted the words "and
      (b)  an act of gross indecency or commission of an act of gross indecency by any person shall not be an offence if he is under the age of seventeen and the other party has attained that age.")
 
 
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