House of Lords portcullis House of Lords Publications on the internet Other Public Bills before Parliament Amendments to the Sexual Offences Bill [HL]

Sexual Offences Bill [HL]

AMENDMENTS TO BE MOVED IN COMMITTEE


 

Clause 3

 

THE LORD LUCAS

Page 2, line 12, after "or" insert "causes or allows it to be penetrated by"
 

Clause 15

 

THE LORD FALCONER OF THOROTON

Page 6, line 24, at end insert—
"(1A)  A person does not commit an offence under this section if—
(a)  he arranges or facilitiates something that he believes another person will do, but that he does not intend to do or intend another person to do, and
(b)  any offence within subsection (1)(b) would be an offence against a child for whose protection he acts.
(1B)  For the purposes of subsection (1A), a person acts for the protection of a child if he acts for the purpose of—
(a)  protecting the child from sexually transmitted infection,
(b)  protecting the physical safety of the child, or
(c)  preventing the child from becoming pregnant,
  and not for the purpose of causing or encouraging the activity constituting the offence within subsection (1)(b) or the child's participation in it."
 

Clause 17

 

THE BARONESS NOAKES THE LORD ASTOR OF HEVER

Page 7, line 6, after "intends" insert ", and at the time of two earlier occasions he intended,"
 

Clause 48

 

THE LORD FALCONER OF THOROTON

Page 22, line 33, after first "home" insert ", community home, voluntary home"
Page 22, line 35, leave out from "A" to "regular" in line 36 and insert "has functions to perform in the home in the course of employment which have brought him or are likely to bring him into"
Page 22, line 41, leave out from "A" to "regular" in line 42 and insert "has functions to perform for the body or agency or in the clinic or hospital in the course of employment which have brought him or are likely to bring him into"
Page 23, line 1, leave out paragraphs (a) and (b) and insert "A—
(a)  is, whether or not in the course of employment, a provider of care, assistance or services to B in connection with B's mental disorder or learning disability, and
(b)  as such, has had or is likely to have regular face to face contact with B."
Page 23, line 5, leave out from "home"" to "of" and insert "means an establishment which is a care home for the purposes"
Page 23, line 7, at end insert—
 ""community home" has the meaning given by section 53(1) of the Children Act 1989 (c. 41);"
Page 23, line 18, at end insert—
 ""voluntary home" has the meaning given by section 60(3) of the Children Act 1989 (c. 41)."
 

Clause 52

 

THE LORD FALCONER OF THOROTON

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

Clause 53

 

THE LORD FALCONER OF THOROTON

Page 24, leave out lines 35 and 36
Page 25, line 1, after "crime" insert ", or for the purposes of criminal proceedings,"
Page 25, line 14, at end insert—
"(   )  After Article 3 of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) insert—
  "Exception for criminal investigations or proceedings
 3A.   (1)   It is not an offence under Article 3(1)(a) for a person to make an indecent photograph or pseudo-photograph of a child in accordance with an authorisation under this section.
(2)      An authorisation may be given only if it appears to the person or persons giving it to be necessary for the purposes of the prevention, detection or investigation of crime, or for the purposes of criminal proceedings, in any part of the world, or for any particular purpose falling within those purposes.
(3)      An authorisation—
(a)  must be in writing,
(b)  must specify the person to whom it is given and the purpose or purposes for which it is given, and
(c)  may specify conditions to which it is subject.
(4)      An authorisation may be given by—
(a)  the Chief Constable of the Police Service of Northern Ireland,
(b)  the Director General of the National Crime Squad,
(c)  the Director General of the National Crime Intelligence Service,
(d)  the Commissioners of Customs and Excise, or
(e)  the Director of Public Prosecutions.""
 

Clause 54

 

THE LORD FALCONER OF THOROTON

Page 25, line 28, at end insert "(including sexual services)"
 

Clause 57

 

THE LORD FALCONER OF THOROTON

Page 26, line 35, at end insert "in any part of the world"
 

Clause 58

 

THE LORD FALCONER OF THOROTON

Page 27, line 8, after "prostitution" insert "in any part of the world"
 

Clause 59

 

THE LORD FALCONER OF THOROTON

Page 27, line 18, after "pornography" insert "in any part of the world"
 

Clause 60

 

THE LORD FALCONER OF THOROTON

Page 27, line 37, after "services" insert "(including sexual services)"
Page 28, line 2, at end insert "(including sexual services)"
 

After Clause 60

 

THE LORD FALCONER OF THOROTON

Insert the following new Clause—
  "Extension of gender-specific prostitution offences
  Schedule (Extension of gender-specific prostitution offences) (extension of gender-specific prostitution offences) has effect."
 

Clause 70

 

THE LORD LUCAS

Page 32, line 1, at end insert "in a public place"
Page 32, line 2, leave out "or" and insert "and"
Page 32, line 2, leave out from "will" to "be" in line 4
 

Clause 71

 

THE LORD LUCAS

 The Lord Lucas gives notice of his intention to oppose the Question that Clause 71 stand part of the Bill.
 

Clause 72

 

THE LORD LUCAS

 The Lord Lucas gives notice of his intention to oppose the Question that Clause 72 stand part of the Bill.
 

Clause 73

 

THE LORD LUCAS

 The Lord Lucas gives notice of his intention to oppose the Question that Clause 73 stand part of the Bill.
 

Clause 74

 

THE LORD LUCAS

Page 33, line 31, leave out ", or is reckless as to whether,"
 

Before Schedule 1

 

THE LORD FALCONER OF THOROTON

Insert the following new Schedule—
 

"EXTENSION OF GENDER-SPECIFIC PROSTITUTION OFFENCES

 

Sexual Offences Act 1956 (c. 69)

 1      In section 36 of the Sexual Offences Act 1956 (permitting premises to be used for prostitution), at the end insert "(whether any prostitute involved is male or female)".
 

Street Offences Act 1959 (c. 57)

 2      In section 1(1) of the Street Offences Act 1959 (loitering or soliciting for purposes of prostitution), after "prostitute" insert "(whether male or female)".
 3   (1)   Section 2 of that Act (application to court by woman cautioned for loitering or soliciting) is amended as follows.
(2)      In the heading of the section, for "woman" substitute "person".
(3)      In subsection (1)—
(a)  for "woman" substitute "person",
(b)  for "her" in each place substitute "his", and
(c)  for "she" in each place substitute "he".
(4)      In subsection (2)—
(a)  for "woman" in the first place substitute "person",
(b)  for "he" substitute "the chief officer", and
(c)  for "woman" in the second place substitute "person cautioned".
(5)      In subsection (3), for "woman" substitute "person cautioned".
 

Sexual Offences Act 1985 (c. 44)

 4   (1)   The Sexual Offences Act 1985 is amended as follows.
(2)      For the heading "Soliciting of women by men" substitute "Soliciting for the purpose of prostitution".
(3)      In section 1 (kerb-crawling)—
(a)  for "man" substitute "person",
(b)  for "a woman" substitute "another person",
(c)  for "women" in each place substitute "persons", and
(d)  for "the woman" substitute "the person".
(4)      In section 2 (persistent soliciting of women for the purpose of prostitution)—
(a)  for the heading of the section substitute "Persistent soliciting",
(b)  for "man" substitute "person",
(c)  for "a woman" substitute "another person", and
(d)  for "women" substitute "persons".
(5)      In section 4 (interpretation)—
(a)  omit subsections (2) and (3),
(b)  for "man" substitute "person",
(c)  for "a woman" substitute "another person",
(d)  for "her" in the first place substitute "that person", and
(e)  for "her" in the second place substitute "that person's"."
 

Schedule 1

 

THE LORD FALCONER OF THOROTON

Page 67, line 9, leave out "to 67"
Page 67, line 11, at end insert—
"(ba)  an offence under section 66 or 67 where the intended offence was an offence against a person under 16;"
Page 67, line 25, at end insert—
"(   )  section 53 or 54 of that Act (abduction of woman),"
Page 67, line 29, at end insert—
"(   )  section 2 of the Criminal Law Amendment Act 1885 (c. 69) (procuration of girl under 21),
(   )  section 3 of that Act (procuring defilement of woman using threats, etc.),"
Page 67, line 30, leave out "the Criminal Law Amendment Act 1885" and insert "that Act"
Page 67, line 31, leave out "or"
Page 67, line 33, at end insert "or
(   )  section 7 of that Act (abduction of girl under 18);
(   )  an offence under—
(i)  section 1 of the Punishment of Incest Act 1908 (c. 45) (incest by males), or
(ii)  section 2 of that Act (incest by females);"
Page 67, line 34, after "under" insert "—
(i)  section 21 of the Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.)) (causing or encouraging seduction, etc. of girl under 17), or
(ii)  "
Page 67, line 34, leave out "the Children and Young Persons Act (Northern Ireland) 1968" and insert "that Act"
Page 67, line 37, after "children);" insert—
"(ea)  an offence under Article 9 of the Criminal Justice (Northern Ireland) Order 1980 (S.I. 1980/704 (N.I. 6)) (inciting girl under 16 to have incestuous sexual intercourse);
(eb)  an offence under Article 15 of the Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17)) (indecent photographs of children);"
Page 68, line 1, leave out sub-paragraph (i) and insert—
"(   )  section 17 of this Act (meeting a child following sexual grooming etc.), or"
Page 68, line 5, leave out sub-paragraph (2) and insert—
"(   )  Sub-paragraph (1), apart from paragraphs (e) and (eb), does not apply where the victim of the offence was 17 or over at the time of the offence."

 continue to next page 
  House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

©Parliamentary copyright 2003
27 March 2003