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Amendments to the Sexual Offences Bill [HL]

Sexual Offences Bill [HL]


AMENDMENTS
TO BE MOVED
IN COMMITTEE


 

Clause 1

 

THE LORD FALCONER OF THOROTON

Page 1, line 18, leave out "Section 78 applies" and insert "Sections (Presumptions about the absence of belief in consent) and (Conclusive presumptions about consent) apply"
 

Clause 3

 

THE LORD FALCONER OF THOROTON

Page 2, line 24, leave out "Section 78 applies" and insert "Sections (Presumptions about the absence of belief in consent) and (Conclusive presumptions about consent) apply"
 

Clause 5

 

THE LORD FALCONER OF THOROTON

Page 3, line 9, leave out "Section 78 applies" and insert "Sections (Presumptions about the absence of belief in consent) and (Conclusive presumptions about consent) apply"
 

Clause 7

 

THE LORD FALCONER OF THOROTON

Page 3, line 40, leave out "Section 78 applies" and insert "Sections (Presumptions about the absence of belief in consent) and (Conclusive presumptions about consent) apply"
 

Clause 9

 

THE LORD FALCONER OF THOROTON

Page 4, line 36, leave out paragraph (d) and insert—
"(d)  either—
(i)  B is under 16 and A does not reasonably believe that B is 16 or over, or
(ii)  B is under 13."
Page 4, line 37, leave out subsection (2)
 

Clause 10

 

THE LORD FALCONER OF THOROTON

Page 5, line 6, leave out paragraph (d) and insert—
"(d)  either—
(i)  B is under 16 and A does not reasonably believe that B is 16 or over, or
(ii)  B is under 13."
Page 5, line 7, leave out subsection (2)
 

Clause 11

 

THE LORD FALCONER OF THOROTON

Page 5, line 19, leave out from "indictment" to end and insert "—
(a)  where subsection (3) applies, to imprisonment for life;
(b)  in any other case, to imprisonment for a term not exceeding 14 years.
(3)  This subsection applies if the offence was against a person under 13 at the time of the offence and the activity incited involved—
(a)  penetration of B's anus or vagina,
(b)  penetration of B's mouth with a person's penis,
(c)  penetration of a person's anus or vagina with a part of B's body or by B with anything else, or
(d)  penetration of a person's mouth with B's penis."
 

Clause 13

 

THE BARONESS THORNTON

Page 5, line 38, after "gratification" insert "or for gain"
Page 5, line 38, after "intentionally" insert "or recklessly"
Page 5, line 38, at end insert "or allows"
 

THE LORD FALCONER OF THOROTON

Page 5, line 40, leave out second "a" and insert "any"
 

THE BARONESS THORNTON

Page 6, line 3, after "over" insert "or is reckless as to B's age"
 

Clause 15

 

THE LORD FALCONER OF THOROTON

Page 6, line 19, leave out subsection (1) and insert—
"(1)  A person commits an offence if—
(a)  he intentionally arranges or facilitates something that he intends to do, intends another person to do, or believes that another person will do, in any part of the world, and
(b)  doing it will involve the commission of an offence under any of sections 9 to 14."
Page 6, line 25, leave out subsection (2)
 

Clause 16

 

THE BARONESS THORNTON

Page 6, line 37, after "involve" insert "the taking or making of"
 

Clause 17

 

THE LORD FALCONER OF THOROTON

Page 7, line 3, leave out paragraph (a) and insert—
"(a)  having met or communicated with another person (B) on at least two earlier occasions, he—
(i)  intentionally meets B, or
(ii)  travels with the intention of meeting B in any part of the world,"
 

THE BARONESS THORNTON

Page 7, line 3, after "meeting" insert "in any part of the world"
 

THE LORD FALCONER OF THOROTON

Page 7, line 17, leave out sub-paragraphs (ii) to (iv) and insert—
"(ia)  an offence within any of paragraphs 53 to 67 of Schedule 2, or"
Page 7, line 25, leave out from "within" to end of line 27 and insert "sub-paragraph (i) or (ia) but would be an offence within sub-paragraph (i) if done in England and Wales."
Page 7, line 28, after "Ireland" insert "(a)"
Page 7, line 28, leave out "(c)(i)"
Page 7, line 29, at the end insert—
"(b)  subsection (2)(b)(v) has effect with the substitution of "sub-paragraph (ia) if done in Northern Ireland" for "sub-paragraph (i) if done in England and Wales"."
Page 7, line 34, leave out "5" and insert "7"
 

Clause 18

 

THE LORD FALCONER OF THOROTON

Page 7, line 44, after "proved" insert "(a)"
Page 7, line 44, at end insert ", or
(b)  that the other person was under 13."
Page 8, line 8, leave out subsection (4)
 

Clause 19

 

THE LORD FALCONER OF THOROTON

Page 8, line 22, after "proved" insert "(a)"
Page 8, line 22, at end insert ", or
(b)  that the other person was under 13."
Page 8, line 30, leave out subsection (4)
 

Clause 22

 

THE LORD FALCONER OF THOROTON

Page 10, line 3, leave out second "a" and insert "any"
 

After Clause 22

 

THE LORD FALCONER OF THOROTON

Insert the following new Clause—
  "Abuse of position of trust: acts done in Scotland
  Anything which, if done in England and Wales or Northern Ireland, would constitute an offence under any of sections 18 to 22 also constitutes that offence if done in Scotland."
 

Clause 23

 

THE LORD FALCONER OF THOROTON

Page 10, line 45, at end insert—
"(   )  an independent clinic,"
Page 10, line 46, after "home" insert ", residential care home"
Page 11, line 6, after "receiving" insert ", and A is not receiving,"
 

Clause 24

 

THE LORD FALCONER OF THOROTON

Page 12, line 4, leave out from "by" to end of line 7 and insert "Article 9 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 (S.I. 2003/431 (N.I. 9)) ("the 2003 Order") if in paragraph (4) of that Article sub-paragraphs (d), (f) and (g) were omitted;"
Page 12, line 8, leave out "53(1)" and insert "53"
Page 12, line 16, leave out "has" and insert "means a hospital within"
Page 12, line 18, at end insert ", or any other establishment which is a hospital within the meaning given by Article 2(2) of the 2003 Order"
Page 12, line 18, at end insert—
 ""independent clinic" has—
(a)  in relation to England and Wales, the meaning given by section 2 of the Care Standards Act 2000 (c. 14);
(b)  in relation to Northern Ireland, the meaning given by Article 2(2) of the 2003 Order;"
Page 12, line 20, at end insert—
 ""residential care home" means an establishment which is a residential care home for the purposes of the 2003 Order;"
 

Clause 28

 

THE LORD FALCONER OF THOROTON

Page 13, line 22, after "proved" insert "(a)"
Page 13, line 22, at end insert ", or
(b)  that the other person was under 13."
Page 13, line 31, leave out subsection (4)
 

Clause 29

 

THE LORD FALCONER OF THOROTON

Page 14, line 19, leave out from beginning to "applies" in line 22 and insert—
"(4)  A person guilty of an offence under this section, if he was aged 18 or over and the other person was under 13 at the time of the offence, and the activity incited involved—
(a)  penetration of B's anus or vagina with a part of A's body or anything else,
(b)  penetration of B's mouth with A's penis,
(c)  penetration of A's anus or vagina with a part of B's body, or
(d)  penetration of A's mouth with B's penis,
  is liable, on conviction on indictment, to imprisonment for life.
(4A)  Unless subsection (4) applies, a person guilty of an offence under this section, if he was aged 18 or over at the time of the offence, is liable on conviction on indictment to imprisonment for a term not exceeding 14 years.
(5)  Unless subsection (4) or (4A)"
 

Clause 30

 

THE LORD FALCONER OF THOROTON

Page 14, line 42, leave out paragraph (b)
 

THE LADY SALTOUN OF ABERNETHY

Page 14, line 44, after "are" insert "first"
 

Clause 33

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

Page 15, line 38, leave out "mental disorder or learning disability" and insert "mental disability"
Page 15, line 40, leave out "mental disorder or learning disability" and insert "mental disability"
Page 16, line 4, leave out "or for any reason)" and insert "and the implications of what is being done or having sufficient understanding is nonetheless unable to make a decision)"
 

THE LORD FALCONER OF THOROTON

Page 16, line 7, leave out subsection (3)
 

Clause 34

 

THE LORD FALCONER OF THOROTON

Page 16, line 34, leave out subsection (3)
 

Clause 38

 

THE LORD FALCONER OF THOROTON

Page 18, line 26, leave out subsection (2)
 

Clause 39

 

THE LORD FALCONER OF THOROTON

Page 19, line 4, leave out subsection (2)
 

Clause 43

 

THE LORD FALCONER OF THOROTON

Page 20, line 35, leave out subsection (3)
Page 20, line 36, at beginning insert—
"(3A)  A person guilty of an offence under this section, if the touching involved—
(a)  penetration of B's anus or vagina with a part of A's body or anything else,
(b)  penetration of B's mouth with A's penis,
(c)  penetration of A's anus or vagina with a part of B's body, or
(d)  penetration of A's mouth with B's penis,
  is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years.
(4)  Unless subsection (3A) applies,"
Page 20, line 40, leave out "7" and insert "10"

 
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©Parliamentary copyright 2003
19 March 2003