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

House of Lords

back to previous amendments

 

Clause 8

 

THE BARONESS WALMSLEY
THE LORD THOMAS OF GRESFORD

47Page 4, line 16, after "person" insert "aged 16 or over"
 

Clause 9

 

THE LORD FALCONER OF THOROTON

48Page 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."
49Page 4, line 37, leave out subsection (2)
 

Clause 10

 

THE LORD FALCONER OF THOROTON

50Page 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."
51Page 5, line 7, leave out subsection (2)
 

Clause 11

 

THE LORD FALCONER OF THOROTON

52Page 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."
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

53Page 5, line 19, leave out "a term not exceeding 14 years" and insert "life"
 

Clause 12

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE LORD CAMPBELL OF ALLOWAY

54Page 5, line 32, leave out paragraph (a)
 

Clause 13

 

THE BARONESS THORNTON

55Page 5, line 38, after "gratification" insert "or for gain"
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

56Page 5, line 38, leave out "intentionally"
 

THE BARONESS THORNTON
THE BARONESS NOAKES

57Page 5, line 38, after "intentionally" insert "or recklessly"
58Page 5, line 38, at end insert "or allows"
59Page 5, line 40, leave out "or pseudo-photograph" and insert ", pseudo-photograph or any other visual depiction"
 

THE LORD FALCONER OF THOROTON

60Page 5, line 40, leave out second "a" and insert "any"
 

THE BARONESS THORNTON

61Page 6, line 3, after "over" insert "or is reckless as to B's age"
62Page 6, line 4, at end insert ", and
(d)  for the purpose of obtaining sexual gratification or for gain, he intentionally or recklessly causes or allows another person (B) to read or possess any text which a reasonable person would be likely to understand to be obscene within the meaning of the Obscene Publications Act 1959 (c. 66)"
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE LORD CAMPBELL OF ALLOWAY

63Page 6, line 6, leave out paragraph (a)
 

Clause 14

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE LORD CAMPBELL OF ALLOWAY

64Page 6, line 11, after "18" insert "(A)"
 

THE BARONESS WALMSLEY
THE LORD THOMAS OF GRESFORD

65Page 6, line 11, leave out from "18" to "is" in line 13 and insert "guilty of offences under sections 1 to 8"
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE LORD CAMPBELL OF ALLOWAY

66Page 6, line 12, at end insert "unless the other person involved in the activity or conduct (B)—
(a)  has the capacity to consent to the activity or conduct; and
(b)  does consent to the activity or conduct.
(1A)  B will be regarded as having the capacity to consent to the activity or conduct of A only if B is capable of understanding the nature, implications and reasonably foreseeable consequences of the activity or conduct."
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE LORD CAMPBELL OF ALLOWAY
THE EARL LISTOWEL

67Page 6, line 13, leave out subsection (2)
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE LORD CAMPBELL OF ALLOWAY

68Page 6, line 14, leave out paragraph (a)
69Page 6, line 14, leave out "imprisonment" and insert "detention"
70Page 6, line 16, leave out "imprisonment" and insert "detention"
71Page 6, line 17, at end insert—
"(   )  The Attorney General shall issue guidance to supplement the code for crown prosecutors when considering whether to prosecute those under 18 years for sexual offences."
 

THE EARL OF LISTOWEL
THE BARONESS WALMSLEY

 The above-named Lords give notice of their intention to oppose the Question that Clause 14 stand part of the Bill.
 

After Clause 14

 

THE BARONESS WALMSLEY
THE LORD THOMAS OF GRESFORD

72Insert the following new Clause—
  "Sentence review
  Where a young person under the age of 18 has been convicted of an offence under this Part, the Court or Youth Offending Panel shall review the sentence when the young person reaches the age of 18."
 

Clause 15

 

THE LORD FALCONER OF THOROTON

73Page 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."
74Page 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."
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE LORD CAMPBELL OF ALLOWAY

75Page 6, line 24, at end insert—
"(   )  Nothing done only for the purposes of providing sex education, sexual health advice or contraceptive services shall be treated as an offence under subsection (1)."
 

THE LORD FALCONER OF THOROTON

76Page 6, line 25, leave out subsection (2)
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE LORD CAMPBELL OF ALLOWAY

77Page 6, line 27, leave out paragraph (a)
 

THE BARONESS WALMSLEY
THE LORD THOMAS OF GRESFORD

78Page 6, line 30, at end insert—
"(   )  A person does not commit an offence under this section if he provides a child under the age of 16 with information or advice, appropriate to that child's understanding and best interests, on sex or contraception."
 

Clause 16

 

THE BARONESS THORNTON

79Page 6, line 37, after "involve" insert "the taking or making of"
 

Clause 17

 

THE LORD FALCONER OF THOROTON

80Page 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

81Page 7, line 3, after "meeting" insert "in any part of the world"
 

THE BARONESS BLATCH

82Page 7, line 4, after "on" insert "a single earlier occasion of significant length or on"
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE LORD CAMPBELL OF ALLOWAY

83Page 7, line 5, at end insert "and subsection (1A) applies"
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

84Page 7, line 6, after "intends" insert ", and at the time of two earlier occasions he intended,"
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE LORD CAMPBELL OF ALLOWAY

85Page 7, line 9, leave out paragraphs (c) and (d) and insert ", and
(c)  subsection (1B) applies"
 

THE BARONESS BLATCH
THE LORD CAMPBELL OF ALLOWAY

86Page 7, line 9, after "16" insert "or is a police officer acting in the course of his duties, who, in communications with A, has consistently represented himself as being under 16"
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE LORD CAMPBELL OF ALLOWAY

87Page 7, line 10, at end insert—
"(1A)  This subsection applies if the earlier meetings or communication—
(a)  are sexual in nature; or
(b)  involve A impersonating another person in a way calculated to induce B to believe that it would be safe or appropriate to meet A."
88Page 7, line 10, at end insert—
"(1B)  For the purposes of subsection (1), either—
(a)  B is under 16 and A does not reasonably believe that B is 16 or over; or
(b)  B is suffering from a mental disorder or lacks capacity and A knows or could reasonably be expected to know that B is suffering from a mental disorder or lacks capacity."
 

THE LORD FALCONER OF THOROTON

89Page 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"
90Page 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."
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

91Page 7, line 28, leave out subsection (3)
 

THE LORD FALCONER OF THOROTON

92Page 7, line 28, after "Ireland" insert "(a)"
93Page 7, line 28, leave out "(1)(c)(i)" and insert "(1)"
94Page 7, line 29, at 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"."
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE LORD CAMPBELL OF ALLOWAY

95Page 7, line 31, leave out paragraph (a)
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE LORD FALCONER OF THOROTON
THE LORD CAMPBELL OF ALLOWAY

96Page 7, line 34, leave out "5" and insert "7"

 
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28 March 2003