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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.

  
After Clause 6
 
  
BY THE LORD BRIGHTMAN
 
     Insert the following new Clause-- 
     (". Sections 12 and 13 of, and paragraph 16 of Schedule 2 to, the Sexual Offences Act 1956, sections 1 and 8 of the Sexual Offences Act 1967, section 13 of the Criminal Law (Consolidation) (Scotland) Act 1995 and Article 3 of the Homosexual Offences (Northern Ireland) Order 1982, as read by the application of the existing law and as amended by sections 1 and 2, and with the omission of repealed provisions, are set out in Schedule (Sexual Offences Acts 1956 and 1967, Criminal Law (Consolidation) (Scotland) Act 1995 and Homosexual Offences (Northern Ireland) Order 1982, as amended) to this Act.")Text of certain enactments amended by this Act.
1956 c. 69.
1967 c. 60.
1995 c. 39.
S.I. 1982/1536 (N.I. 19).
  
Schedule
 
  
BY THE LORD BRIGHTMAN
 
     Insert the following new Schedule-- 
 ("SCHEDULE 
 SEXUAL OFFENCES ACTS 1956 AND 1967, CRIMINAL LAW (CONSOLIDATION) (SCOTLAND) ACT 1995 AND HOMOSEXUAL OFFENCES (NORTHERN IRELAND) ORDER 1982, AS AMENDEd 
 [In this Schedule the words inserted or substituted by this Act are printed in bold type] 
 SECTIONS 12 AND 13 OF THE SEXUAL OFFENCES ACT 1956 
 Buggery.     12.--(1) It is an offence for a person to commit buggery with another person otherwise than in the circumstances described in subsection (1A) or (1AA) below or with an animal.
 
    (1A)  The circumstances first referred to in subsection (1) are that the act of buggery takes place in private and both parties have attained the age of sixteen .
 
    (1AA)  The other circumstances so referred to are that the person is under the age of sixteen and the other party has attained that age.
 
    (1B)  An act of buggery by one man with another shall not be treated as taking place in private if it takes place--
    (a)  when more than two persons take part or are present; or
    (b)  in a lavatory to which the public have or are permitted to have access, whether on payment or otherwise.
    (1C)  In any proceedings against a person for buggery with another person it shall be for the prosecutor to prove that the act of buggery took place otherwise than in private or that one of the parties to it had not attained the age of sixteen.
 
 Indecency between men.     13. It is an offence for a man to commit an act of gross indecency with another man , otherwise than in the circumstances described below, whether in public or in private, or to be a party to the commission by a man of an act of gross indecency with another man, or to procure the commission by a man of an act of gross indecency with another man.
 
    The circumstances referred to above are that the man is under the age of sixteen and the other man has attained that age.
 
 PARAGRAPH 16 OF SCHEDULE 2 TO THE SEXUAL OFFENCES ACT 1956 
  
 OffenceMode of ProsecutionPunishment 
 16. (a) indecency between men (section 13)(i) On indictmentIf a man of or over the age of twenty-one with a man under the age of sixteen, five years; otherwise two years. 
 (ii) Summarily6 months and/or the statutory maximum. 
 (b) An attempt to procure the commission by a man of an act of gross indecency with another man.(i) On indictmentIf the attempt is by a man of or over the age of twenty-one to procure a man under the age of sixteen to commit an act of gross indecency with another man, five years; otherwise two years. 
 (ii) Summarily.6 months and/or the statutory maximum. 
{PA
 SECTIONS 1 AND 8 OF THE SEXUAL OFFENCES ACT 1967 
 Amendment of the law relating to homosexual acts in private.     1.--(1) Notwithstanding any statutory or common law provision--
    (a)  a homosexual act in private shall not be an offence provided that the parties consent thereto and have attained the age of sixteen years, and
    (b)  a homosexual act by any person shall not be an offence if he is under the age of sixteen years and the other party has attained that age.
    (2)  An act which would otherwise be treated for the purposes of this Act as being done in private shall not be so treated if done--
    (a)  when more than two persons take part or are present; or
    (b)  in a lavatory to which the public have or are permitted to have access, whether on payment or otherwise.
    (3)  A man who is suffering from severe mental handicap cannot in law give any consent which, by virtue of subsection (1) of this section, would prevent a homosexual act from being an offence, but a person shall not be convicted, on account of the incapacity of such a man to consent, of an offence consisting of such an act if he proves that he did not know and had no reason to suspect that man to be suffering from severe mental handicap.
 
    (3A)  In subsection (3) of this section "severe mental handicap" means a state of arrested or incomplete development of mind which includes severe impairment of intelligence and social functioning.
 
      (4)  Section 128 of the Mental Health Act 1959 (prohibition on men on the staff of a hospital, or otherwise having responsibility for mental patients, having sexual intercourse with women patients) shall have effect as if any reference therein to having unlawful sexual intercourse with a woman included a reference to committing buggery or an act of gross indecency with another man.
 
    (5)  ...
 
    (6)  It is hereby declared that where in any proceedings it is charged that a homosexual 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.
 
    (7)  For the purposes of this section a man shall be treated as doing a homosexual act if, and only if, he commits buggery with another man or commits an act of gross indecency with another man or is a party to the commission by a man of such an act.
1959 c. 72.
 Restrictions on prosecutions.     8. No proceedings shall be instituted except by or with the consent of the Director of Public Prosecutions against any man for the offence of buggery with, or gross indecency with, another man or for aiding, abetting, counselling, procuring or commanding its commission where either of those men was at the time of its commission under the age of sixteen. 
 SECTION 13 OF THE CRIMINAL LAW (CONSOLIDATION) (SCOTLAND) ACT 1995 
 Homosexual Offences.     13.--(1) Subject to the provisions of this section, a homosexual act in private shall not be an offence provided that the parties consent thereto and have attained the age of sixteen years. 
      (2)  An act which would otherwise be treated for the purpose of this Act as being done in private shall not be so treated if done--
    (a)  when more than two persons take part or are present; or
    (b)  in a lavatory to which the public have, or are permitted to have, access whether on payment or otherwise.
    (3)  A male person who is suffering from mental deficiency which is of such a nature or degree that he is incapable of living an independent life or of guarding himself against serious exploitation cannot in law give any consent which, by virtue of subsection (1) above, would prevent a homosexual act from being an offence; but a person shall not be convicted on account of the incapacity of such a male person to consent, of an offence consisting of such an act if he proves that he did not know and had no reason to suspect that male person to be suffering from such mental deficiency.
 
    (4)  In this section, "a homosexual act" means sodomy or an act of gross indecency or shameless indecency by one male person with another male person.
 
    (5)  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 a homosexual act--
    (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.
    (6)  It shall be an offence to procure or attempt to procure the commission of a homosexual act between two other male persons.
 
      (7)  A person who commits or is party to the commission of an offence under subsection (5) or subsection (6) above shall be liable on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both and on summary conviction to imprisonment for a term not exceeding 3 months, or to a fine not exceeding the prescribed sum (within the meaning of section 225(8) of the Criminal Procedure (Scotland) Act 1995).
 
    (8)  It shall be a defence to a charge of committing a homosexual act under subsection (5)(c) above that the person so charged being under the age of 24 years 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.
 
    (8A)  A person under the age of sixteen years does not commit an offence under subsection (5)(a) or (c) above if he commits or is party to the commission of a homosexual act with a person who has attained that age.
 
    (9)  A person who knowingly lives wholly or in part on the earnings of another from male prostitution or who solicits or importunes any male person for the purpose of procuring the commission of a homosexual act within the meaning of subsection (4) above shall be liable--
    (a)  on summary conviction to imprisonment for a term not exceeding six months; or
    (b)  on conviction on indictment to imprisonment for a term not exceeding two years.
    (10)  Premises shall be treated for the purposes of sections 11(1) and 12 of this Act as a brothel if people resort to it for the purposes of homosexual acts within the meaning of subsection (4) above in circumstances in which resort thereto for heterosexual practices would have led to its being treated as a brothel for the purposes of those sections.
 
    (11)  No proceedings for--
    (a)  the offences mentioned in subsections (5) and (6) above; and
    (b)  any offence under subsection (9) above which consists of soliciting or importuning any male person for the purpose of procuring the commission of a homosexual act,
shall be commenced after the expiration of twelve months from the date on which that offence was committed.
1995 c. 46.
 ARTICLE 3 OF THE HOMOSEXUAL OFFENCES (NORTHERN IRELAND) ORDER 1982 
 Homosexual acts in private 
     (1)  Subject to Article 123 of the Mental Health (Northern Ireland) Order 1986, and notwithstanding any other statutory provision or any rule of law--
    (a)  a homosexual act in private shall not be an offence if the parties consent thereto and have attained the age of 17 years , and
    (b)  a homosexual act by any person shall not be an offence if he is under the age of seventeen years and the other party has attained that age.
    (2)  An act which would otherwise be treated for the purposes of this Order as being done in private shall not be so treated if done--
    (a)  when more than 2 persons take part or are present; or
    (b)  in a lavatory to which the public have or are permitted to have access, whether on payment or otherwise.
S.I 1986/595 (N.I. 4).
     (3)  A man who is suffering from severe mental handicap within the meaning of the Mental Health (Northern Ireland) Order 1986 cannot in law give any consent which, by virtue of paragraph (1), would prevent a homosexual act from being an offence; but a person shall not be convicted, on account of the incapacity of such a man to consent, of an offence consisting of such an act if he proves that he did not know and had no reason to suspect that man to be suffering from severe mental handicap.
 
    (4)  ...
 
    (5)  It is hereby declared that where in any proceedings it is charged that a homosexual 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.")
S.I 1986/595 (N.I. 4).
 
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