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

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Clause 4
 
  
BY THE BARONESS YOUNG
THE BARONESS BLATCH
 
20*     Page 3, line 34, leave out ("four") and insert ("five") 
21     Page 4, line 3, after first ("is") insert ("normally") 
22     Page 4, line 13, after ("is") insert ("normally") 
23     Page 4, line 15, leave out ("full-time") 
  
BY THE BARONESS YOUNG
THE BARONESS BLATCH
THE LORD NORTHBOURNE
THE LORD CARLISLE OF BUCKLOW
 
24     Page 4, line 16, at end insert--
 
    ("(5A)  The fifth condition is that A is the parent, adoptive parent, step-parent, former step-parent, grandparent, sibling, half-sibling or adoptive sibling of B.")
 
25     Page 4, line 16, at end insert--
 
    ("(5A)  The fifth condition is that A is the uncle or aunt of B.")
 
  
BY THE BARONESS YOUNG
THE BARONESS BLATCH
THE LORD NORTHBOURNE
 
26     Page 4, line 16, at end insert--
 
    ("(5A)  The fifth condition is that A looks after persons under 18 who are members of a church or religious organisation and B is a member of that church or religious organisation.")
 
27     Page 4, line 16, at end insert--
 
    ("(5A)  The fifth condition is that A looks after persons under 18 who are members of a youth organisation and B is a member of that youth organisation.
 
    (5B)  Within three months of the commencement of this Act, the Secretary of State shall by order define a youth organisation or list those youth organisations covered by subsection (5A).")
 
28     Page 4, line 16, at end insert--
 
    ("(5A)  The fifth condition is that a parent or guardian has entrusted A with looking after their child B.")
 
29     Page 4, line 16, at end insert--
 
    ("(5A)  The fifth condition is that A is looking after B by encouraging, enabling or assisting the effective participation of B in education and training, as defined by section 114 of the Learning and Skills Act 2000.")
 
  
BY THE BARONESS YOUNG
THE BARONESS BLATCH
 
30     Page 4, line 16, at end insert--
 
    ("(5A)  The fifth condition is that A is a social care worker who looks after people under 18 and B is in his care.")
 
31     Page 4, line 16, at end insert--
 
    ("(5A) The fifth condition is that A is a member of staff at the institution, accommodation or educational institution at which B is detained, resident or a pupil as defined in this section.")
 
32*     Page 4, line 16, at end insert--
 
    ("(5A)  The fifth condition is that A is a member of the same household as B and looks after B.")
 
33*     Page 4, line 16, at end insert--
 
    ("(5A)  The fifth condition is that A has been appointed under section 23D of the Children Act 1989 to look after B as his personal adviser.")
 
34*     Page 4, line 16, at end insert--
 
    ("(5A)  The fifth condition is that A is a social services inspector of services provided for persons under the age of 18 and B is normally accommodated and cared for in a hospital, residential care home, nursing home, mental nursing home, private hospital, community home, voluntary home, children's home, residential establishment or a home provided under section 82(5) of the Children Act 1989.")
 
35*     Page 4, line 16, at end insert--
 
    ("(5A)  The fifth condition is that A is a social services inspector of services provided for persons under the age of 18 and B is normally resident and provided with accommodation and maintenance or accommodation provided by--
    (a)  an authority under section 23(2) of the Children Act 1989 or Article 27(2) of the Children (Northern Ireland) Order 1995; or
    (b)  a voluntary organisation under section 59(1) of that Act or Article 75(1) of that Order; or
    (c)  an authority under section 26(1) of the Children (Scotland) Act 1995.")
 
36*     Page 4, line 16, at end insert--
 
    ("(5A)  The fifth condition is that A looks after persons under 18 who are members of a youth organisation and B is a member of that youth organisation.
 
    (5B)  Within three months of the commencement of this Act, the Secretary of State shall by order define a youth organisation or list those youth organisations covered by subsection (5A).
 
    (5C)  An order under subsection (5B) shall be made by statutory instrument, a draft of which shall be laid before, and approved by resolution of, both Houses of Parliament.")
 
  
BY THE LORD NORTHBOURNE
 
37*     Page 4, line 16, at end insert--
 
    ("(  )  The fifth condition is that he has a relationship, a role, responsibilities or duties in relation to a child or children which--
    (a)  might lead a reasonable child, bearing in mind his age and experience to believe that he could trust that adult not to take advantage of him or of his inexperience;
    (b)  might lead a reasonable parent or guardian responsible for a child to believe that he could entrust the care of his child to that person without the child being at risk of being harmed by them;
    (c)  a reasonable person would regard as giving him the opportunity to exercise undue influence over the child or children.")
 
38*     Page 4, line 16, at end insert--
 
    ("(5A)  The fifth condition is that A is a foster parent of B.")
 
  
BY THE BARONESS YOUNG
 
39     Page 4, line 20, leave out subsection (7) 
  
BY THE BARONESS YOUNG
THE BARONESS BLATCH
 
40     Page 4, line 21, leave out ("regularly") 
41*     Page 4, line 22, after ("of") insert (", or in loco parentis to,") 
42     Page 4, line 23, leave out ("full-time") 
43     Page 4, line 25, leave out ("full-time") 
44     Page 5, line 37, at end, insert--
    (""social care worker" has the meaning given by section 55 of the Care Standards Act 2000;")
 
  
After Clause 6
 
  
BY THE LORD BRIGHTMAN
 
45     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
 
46     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. 
 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.
 <~et>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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