Sexual Offences Bill [HL]—
Amendments to be debated in the House of Lordscontinued

House of Lords

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Clause 44

 

THE LORD FALCONER OF THOROTON

Page 21, line 10, leave out subsection (3)
Page 21, line 11, at beginning insert—
"(3A)  A person guilty of an offence under this section, if the activity caused 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,
  is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years.
(4)  Unless subsection (3A) applies,"
Page 21, line 15, leave out "7" and insert "10"
 

Clause 45

 

THE LORD FALCONER OF THOROTON

Page 21, line 27, at beginning insert—
"(2A)  A person guilty of an offence under this section, if 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,
  is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years.
(3)  Unless subsection (2A) applies,"
Page 21, line 31, leave out "7" and insert "10"
 

Clause 48

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

Page 22, line 38, leave out paragraph (a) and insert—
"(   )  by a National Health Service body, an independent medical agency, an independent practice, an independent practitioner or person providing advocacy services"
Page 23, line 4, at end insert—
 ""advocacy services" means services provided, whether under a contract or otherwise, to help people; communicate their needs, concerns or views; secure their rights; represent their interests or obtain the services they need."
 

Clause 52

 

THE BARONESS THORNTON

Page 24, line 5, leave out subsection (2)
Page 24, line 28, leave out subsection (5)
 

Clause 53

 

THE BARONESS THORNTON

Page 24, leave out lines 35 and 36
 

Clause 74

 

THE LADY SALTOUN OF ABERNETHY

Page 33, line 34, leave out subsection (2)
 

Clause 76

 

THE LORD FALCONER OF THOROTON

 The Lord Falconer of Thoroton gives notice of his intention to oppose the Question that Clause 76 stand part of the Bill.
 

Clause 78

 

THE LORD FALCONER OF THOROTON

Divide Clause 78 into two clauses, the first (Presumptions about the absence of belief in consent) to consist of subsections (1) to (4) and the second (Conclusive presumptions about consent) to consist of subsections (5) to (8)
Page 35, line 11, after "proved" insert "(a)"
Page 35, line 12, after "act," insert—
"(b)  that the complainant did not consent to it,
(c)  "
Page 35, line 13, after "and" insert "(d)"
Page 35, line 15, leave out paragraph (a)
Page 35, line 19, leave out "the defendant" and insert "he"
Page 35, line 20, leave out subsection (2)
Page 35, line 23, leave out "referred to in subsection (1)"
Page 35, line 38, leave out "when" and insert "immediately before"
Page 35, line 40, leave out "when" and insert "immediately before"
 

Clause 79

 

THE LORD FALCONER OF THOROTON

Page 36, line 27, leave out "section 78 applies, references in that section" and insert "sections (Presumptions about the absence of belief in consent) and (Conclusive presumptions about consent) apply, references in those sections"
 

Clause 81

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

Page 37, line 19, at end insert—
"(   )  "Mental disability" means a disability or disorder of the mind or brain whether permanent or temporary which results in an impairment or disturbance of mental functioning."
 

THE BARONESS THORNTON

Page 37, line 31, at end insert—
"(   )  For the avoidance of doubt, in relation to offences specified in sections 10 to 13, it is not necessary for A to be in any kind of physical proximity to B and the offences can be committed by or through any kind of real or virtual communications device."

 
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19 March 2003