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

House of Lords

back to previous amendments

 

Clause 80

 

THE LORD NORTHBOURNE
THE LORD LUCAS

400Page 37, line 9, leave out from "if" to end of line 14 and insert "it is intended to give rise to the sexual arousal of either party"
 

THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY

401Page 37, line 10, leave out "reasonable" and insert "right-minded"
 

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

402Page 37, line 10, leave out "(at least)"
 

THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY

403Page 37, line 12, leave out "reasonable" and insert "right-minded"
 

Clause 81

 

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

404Page 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 LORD NORTHBOURNE
THE LORD LUCAS

405Page 37, line 28, at end insert "but does not include touching associated with normal medical attention or with appropriate comforting of a troubled child"
 

THE BARONESS THORNTON

406Page 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."
 

Clause 82

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

407Page 37, line 36, at beginning insert "Subject to subsection (1A),"
408Page 38, line 6, at end insert—
"(1A)  A person who is under 18 at the relevant date shall only be subject to a notification requirement if in the opinion of the court (in a case within paragraphs (a) to (c) of subsection (1)) or of the police (in a case within paragraph (d) of subsection (1)) it is appropriate."
 

Schedule 2

 

THE LORD FALCONER OF THOROTON

409Page 70, line 32, leave out "victim of the sex offence was" and insert "offence was an offence against a person"
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE DUKE OF MONTROSE

410Page 71, line 29, leave out from "rape" to end of line 34
411Page 71, line 35, leave out from "ravish" to end of line 40
412Page 71, line 41, leave out from "assault" to end of line 1 on page 72
413Page 72, line 3, leave out from "indecency" to end of line 4
414Page 72, line 7, leave out "or" and insert "and"
415Page 72, line 20, leave out from "(incest)" to end of line 21
416Page 72, line 22, leave out from "stepchild)" to end of line 23
417Page 72, line 38, leave out "or" and insert "and"
 

THE LORD FALCONER OF THOROTON

418Page 73, line 4, at end insert—
      "Indecent assault against a female."
419Page 73, line 7, leave out sub-paragraphs (a) and (b) and insert—
"(a)  where the offender was under 18, he is or has been sentenced, in respect of the offence, to imprisonment for a term of at least 12 months;
(b)  in any other case—
(i)  the victim was under 18, or
(ii)  the offender, in respect of the offence or finding, is or has been—
(a)  sentenced to a term of imprisonment,
(b)  detained in a hospital, or
(c)  made the subject of a community sentence of at least 18 months."
420Page 73, line 10, at end insert—
      "An offence under section 53 or 54 of that Act (abduction of woman by force for unlawful sexual intercourse)."
421Page 73, line 11, at end insert "consent was not present or"
422Page 73, line 20, at end insert-
      "An offence under section 2 of the Criminal Law Amendment Act 1885 (c. 69) (procuration).
      An offence under section 3 of that Act (procuring defilement of woman by threats or fraud, etc.)."
423Page 73, line 21, leave out "the Criminal Law Amendment Act 1885 (c. 69)" and insert "that Act"
424Page 73, line 24, at end insert—
      "An offence under section 7 of that Act (abduction of girl under 18)."
425Page 73, line 30, at end insert—
      "An offence under section 2 of that Act (incest by females), if the victim or (as the case may be) other party was under 18."
426Page 74, line 3, at end insert—
      "An offence under Article 122 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)) (offences against women suffering from severe mental handicap).
      An offence under Article 123 of that Order (offences against patients)."
427Page 74, line 8, at end insert—
 "67A      An offence under section 17 of this Act (meeting a child following sexual grooming etc.).
 67B      An offence under any of sections 18 to 22 of this Act (abuse of trust) if the offender, in respect of the offence or finding, is or has been—
(a)  sentenced to a term of imprisonment,
(b)  detained in a hospital, or
(c)  made the subject of a community sentence of at least 12 months.
 67C      An offence under section 54 of this Act (paying for sex with a child) if the victim or (as the case may be) other party was under 17.
 67D      An offence under section 70 of this Act (exposure) if—
(a)  where the offender was under 18, he is or has been sentenced to imprisonment for a term of at least 12 months;
(b)  in any other case—
(i)  the victim was under 18, or
(ii)  the offender, in respect of the offence or finding, is or has been—
(a)  sentenced to a term of imprisonment,
(b)  detained in a hospital, or
(c)  made the subject of a community sentence of at least 18 months.
 67E      An offence under section 71 of this Act (voyeurism) if—
(a)  where the offender was under 18, he is or has been sentenced to imprisonment for a term of at least 12 months;
(b)  in any other case—
(i)  the victim was under 18, or
(ii)  the offender, in respect of the offence or finding, is or has been—
(a)  sentenced to a term of imprisonment, or
(b)  detained in a hospital.
 67F      An offence under section 72 or 73 of this Act (intercourse with an animal, sexual penetration of a corpse) if the offender, in respect of the offence or finding, is or has been—
(a)  sentenced to a term of imprisonment, or
(b)  detained in a hospital."
428Page 74, line 21, after "counselling" insert "or"
429Page 74, line 32, at end insert—
      "In paragraphs 53 to 67F, "community sentence" has the same meaning as in the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24))."
 

Clause 84

 

THE BARONESS WALMSLEY
THE LORD THOMAS OF GRESFORD

430Page 40, line 1, leave out from "date" to end of line 3 and insert "the notification period shall be defined on an individual basis"
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

431Page 40, line 3, leave out "one-half of that period" and insert "the period determined by the court or the police"
 

Clause 85

 

THE LORD FALCONER OF THOROTON

432Page 41, line 10, leave out "a" and insert "the"
 

Clause 88

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE DUKE OF MONTROSE

433Page 43, line 5, after "State" insert "after consultation with Scottish Ministers"
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE LORD HYLTON

434Page 43, line 6, after "Kingdom" insert "for more than 72 hours"
 

After Clause 88

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

435Insert the following new Clause—
  "Risk assessment of relevant offenders
(1)  A relevant offender may be required by the police to attend a police station in his local police area as specified by the police and to answer questions for the purposes of a risk assessment of the relevant offender.
(2)  A risk assessment for the purposes of subsection (1) shall include an assessment for the purposes of determining whether a chief officer of police will apply for an order under section 103(5) or 110(1)."
 

Clause 89

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE DUKE OF MONTROSE

436Page 43, line 27, after "State" insert "after consultation with Scottish Ministers"
 

Clause 90

 

THE LORD FALCONER OF THOROTON

437Page 44, line 22, at the end, insert—
"(d)  making, in respect of a person, an order under section 2, 2A or 20 of the Crime and Disorder Act 1998 (c. 37) (sex offender orders and interim orders made in England and Wales or Scotland) or Article 6 or 6A of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20)) (sex offender orders and interim orders made in Northern Ireland)."
 

Clause 93

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

438Page 46, line 22, after "87(1)," insert "(Risk assessment of relevant offenders)(1),"
 

Clause 95

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE DUKE OF MONTROSE

439Page 47, line 26, after "State" insert "after consultation with Scottish Ministers"
 

Clause 96

 

THE LORD FALCONER OF THOROTON

440Page 48, line 4, leave out from "finding" to "that" in line 5 and insert "equivalent to a finding"
441Page 48, line 7, leave out from beginning to "that" and insert "equivalent to a finding"
442Page 48, line 22, leave out "corresponding" and insert "equivalent"
 

Clause 98

 

THE LORD FALCONER OF THOROTON

443Page 49, line 21, leave out "taken as having been" and insert "to be taken as"
 

Clause 102

 

THE LORD FALCONER OF THOROTON

444Page 50, line 38, leave out "Person" and insert "Post"
 

Clause 103

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

445Page 51, line 14, leave out "or 3"
446Page 51, line 17, leave out "or 3"
 

Schedule 3

 

THE LORD FALCONER OF THOROTON

447Page 77, line 25, leave out "racially-" and insert "racially or religiously"
448Page 77, line 26, leave out "racially-" and insert "racially or religiously"
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE DUKE OF MONTROSE

449Page 77, line 39, at end insert—
      "Murder.
      Culpable homicide.
      Assault.
      Assault and robbery.
      Plagium.
      Wrongful imprisonment.
      Threats of personal violence.
      Breach of the peace involving personal violence.
      Wilful fireraising.
      Culpable and reckless fireraising.
      Mobbing and rioting.
      An offence under section 16 of the Firearms Act 1968 (c. 27) (possession of firearm with intent to endanger life).
      An offence under section 16A of that Act (possession of firearm with intent to cause fear of violence).
      An offence under section 17(1) of that Act (use of firearm to resist arrest).
      An offence under section 17(2) of that Act (possession of firearm at time of committing or being arrested for offence specified in Schedule 1 to that Act).
      An offence under section 18 of that Act (carrying a firearm with criminal intent).
      An offence under section 1 of the Taking Hostages Act 1982 (c. 28) (hostage-taking).
      An offence under section 1 of the Aviation Security Act 1982 (c. 36) (hijacking).
      An offence under section 2 of that Act (destroying, damaging or endangering safety of aircraft).
      An offence under section 3 of that Act (other acts endangering or likely to endanger safety of aircraft).
      An offence under section 4 of that Act (offences in relation to certain dangerous articles).
      An offence under section 1 of the Prohibition of Female Circumcision Act 1985 (c. 38) (prohibition of female circumcision).
      An offence under section 134 of the Criminal Justice Act 1988 (c. 33) (torture).
      An offence under section 1 of the Road Traffic Act 1988 (c. 52) (causing death by dangerous driving).
      An offence under section 3A of that Act (causing death by careless driving when under influence of drink or drugs).
      An offence under section 1 of the Aviation and Maritime Security Act 1990 (c. 31) (endangering safety at aerodromes).
      An offence under section 9 of that Act (hijacking of ships).
      An offence under section 10 of that Act (seizing or exercising control of fixed platforms).
      An offence under section 11 of that Act (destroying fixed platforms or endangering their safety).
      An offence under section 12 of that Act (other acts endangering or likely to endanger safe navigation).
      An offence under section 13 of that Act (offences involving threats).
      An offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17) (genocide, crimes against humanity, war crimes and related offences), other than one involving murder.
      An offence under section 1 of the International Criminal Court (Scotland) Act 2001 (ASP 13) (genocide, crimes against humanity, war crimes and related offences as specified in Schedule 1 to that Act),"
 

THE LORD FALCONER OF THOROTON

450Page 80, line 40, leave out "above"
451Page 81, line 5, after "counselling" insert "or"

 
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28 March 2003