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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 Marshalled List of Amendments to the Sexual Offences (Amendment) Bill to be moved in Committee in the House of Lords.

 [Amendments marked * are new or have been altered] 
Amendment
No.
 
  
Clause 1
 
  
BY THE BARONESS YOUNG
THE BARONESS SECCOMBE
THE LORD STODDART OF SWINDON
THE LORD ACKNER
 
1     Page 1, 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
    (f)  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 procuring or attempting 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 in private" there shall be substituted "an act of buggery in private by a man with another man or commission of an act of buggery in private by a man with another man";
    (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 by a man 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 LORD CAMPBELL OF ALLOWAY
 
     The Lord Campbell of Alloway gives notice of his intention to oppose the Question that Clause 1 stand part of the Bill. 
  
After Clause 1
 
  
BY THE BARONESS YOUNG
THE LORD STODDART OF SWINDON
 
2     Insert the following new Clause-- 
     ("  .  In the Criminal Law (Consolidation) (Scotland) Act 1995, after section 13 there shall be inserted--Sodomy: Scotland.
 <~et>Sodomy with a member of the opposite sex.     13A--(1)  Subject to subsection (3) below, 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 sodomy with a member of the opposite sex-- 
  
    (a)  otherwise than in private;
    (b)  without the consent of both parties to the act; or
    (c)  with a person under the age of eighteen years.
    (2)  A person under the age of eighteen does not commit an offence under subsection (1) above if he or she commits, or is party to the commission of, an act of sodomy with a person who has attained that age.
 
    (3)  A person who is suffering from mental deficiency which is of such a nature or degree that he or she is incapable of living an independent life or of guarding himself or herself against serious exploitation cannot in law give any consent which, by virtue of subsection (1) above, would prevent an act of sodomy from being an offence; but a person shall not be convicted on account of the incapacity of such a person to consent, of an offence consisting of such an act if he or she proves that he or she did not know and had no reason to suspect that person to be suffering from such mental deficiency.
 
    (4)  A person who commits or is party to the commission of an offence under subsection (1) 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).
 
    (5)  It shall be a defence to a charge of committing or to being a party to the commission of, or to procuring or attempting to procure the commission of an act of sodomy under subsection (1) 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 18 years."")
 
  
Clause 2
 
  
BY THE BARONESS YOUNG
THE BARONESS SECCOMBE
 
3     Page 2, line 11, leave out ("sixteen") and insert ("eighteen") 
4     Page 2, line 22, leave out (""a homosexual act"") and insert (""an act of buggery in private with another man"") 
5     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") 
6     Page 2, line 26, leave out ("sixteen") and insert ("eighteen") 
7     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.".")
 
8     Page 2, line 29, leave out second ("subsection") and insert ("subsections") 
9     Page 2, line 30, leave out ("(8A)") and insert ("(8B)") 
10     Page 2, line 30, leave out ("sixteen") and insert ("eighteen") 
11     Page 2, line 32, leave out ("a homosexual act") and insert ("an act of sodomy") 
12     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.")
 
  
BY THE BARONESS YOUNG
 
13     Page 2, line 36, leave out (""a homosexual act"") and insert (""an act of buggery in private by a man with another man"") 
  
BY THE BARONESS YOUNG
THE BARONESS SECCOMBE
 
14     Page 2, line 39, leave out ("a homosexual act by any person") and insert ("an act of buggery by a man with another man or commission of an act of buggery by a man with another man") 
15     Page 2, line 40, leave out ("seventeen") and insert ("eighteen") 
16     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
      (b)  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.".")
 
  
Clause 3
 
  
BY THE BARONESS BLATCH
 
17*     Page 3, line 2, at end insert (", including preparing such a person to engage in sexual activity with him at a later stage,") 
  
BY THE BARONESS BLATCH
THE LORD STODDART OF SWINDON
THE BARONESS YOUNG
 
18*     Page 3, line 19, at end insert--
 
    ("(3A)  Where an allegation has been made that a person has committed an offence under this section and the person is a teacher at an educational institution, it shall be unlawful to publish or broadcast that person's name or address or a still or moving picture of him before he is charged with the offence.")
 
  
BY THE LORD MONSON
 
19     Page 3, line 31, at end insert--
 
    ("(6)  No proceedings shall be instituted except by or with the consent of--
    (a)  in England and Wales, the Director of Public Prosecutions;
    (b)  in Scotland, the Lord Advocate; or
    (c)  in Northern Ireland, the Director of Public Prosecutions for Northern Ireland,
against any person for an offence under this section if the person was at the time of the commission under the age of twenty-one.")
 
 
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