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

House of Lords

back to previous amendments

 

Clause 30

 

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

201Page 14, line 35, after "half-sister," insert "step-sibling or foster-sibling,"
 

THE LORD FALCONER OF THOROTON

202Page 14, line 42, leave out paragraph (b)
 

THE LADY SALTOUN OF ABERNETHY
THE BARONESS NOAKES
THE LORD CAMPBELL OF ALLOWAY

203Page 14, line 44, after "are" insert "first"
 

Clause 32

 

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

 The above-named Lords give notice of their intention to oppose the Question that Clause 32 stand part of the Bill.
 

Clause 33

 

THE LORD ADEBOWALE

204Page 15, line 38, leave out "refuse" and insert "consent"
 

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

205Page 15, line 38, leave out "disorder or learning disability" and insert "disability or physical incapacity"
206Page 15, line 38, after "disorder" insert ", physical incapacity"
207Page 15, line 38, leave out "or learning disability"
 

THE LORD ADEBOWALE

208Page 15, line 40, leave out paragraph (d)
 

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

209Page 15, line 41, leave out "disorder or learning disability" and insert "disability or physical incapacity"
210Page 15, line 41, after "disorder" insert ", physical incapacity"
211Page 15, line 41, leave out "or learning disability"
 

THE LORD ADEBOWALE

212Page 16, line 2, leave out "choose whether to agree to the touching" and insert "consent to the touching"
 

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

213Page 16, line 4, leave out "possible" and insert "reasonably forseeable"
214Page 16, line 4, leave out ", or for any other reason"
215Page 16, line 4, leave out "or for any other 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

216Page 16, line 7, leave out subsection (3)
 

THE LORD RIX

 The Lord Rix gives notice of his intention to oppose the Question that Clause 33 stand part of the Bill.
 

Clause 34

 

THE LORD ADEBOWALE

217Page 16, line 25, leave out paragraph (d)
218Page 16, line 29, leave out "choose" and insert "consent"
 

THE LORD FALCONER OF THOROTON

219Page 16, line 34, leave out subsection (3)
 

After Clause 37

 

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

220Insert the following new Clause—
  "Guidance
  The Attorney General shall issue guidance to supplement the code for crown prosecutors when deciding whether to prosecute those with a mental disorder or learning disability for sexual offences."
 

THE LORD RIX

221Insert the following new Clause—
  "
  Activity by a person (A) which would otherwise be an offence under this Part against another person (B) is not an offence where (A) as well as (B) lacks sufficient understanding of the nature of the activity or is unable to communicate his understanding."
 

Clause 38

 

THE LORD FALCONER OF THOROTON

222Page 18, line 26, leave out subsection (2)
 

Clause 39

 

THE LORD FALCONER OF THOROTON

223Page 19, line 4, leave out subsection (2)
 

Clause 41

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

224Page 19, line 42, leave out paragraph (a)
 

Clause 42

 

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

225Page 20, line 18, leave out paragraph (a)
 

Clause 43

 

THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY

226Page 20, line 29, at end insert ", and
(e)  A knows or could reasonably be expected to know that B has a mental disorder or learning disability"
227Page 20, line 30, leave out subsection (2)
 

THE LORD FALCONER OF THOROTON
THE LORD THOMAS OF GRESFORD

228Page 20, line 35, leave out subsection (3)
 

THE LORD FALCONER OF THOROTON

229Page 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,"
 

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

230Page 20, line 37, leave out paragraph (a)
 

THE LORD ADEBOWALE

231Page 20, line 39, leave out paragraph (b) and insert ", and
(b)  where subsection (5) applies, on conviction on indictment to imprisonment for life, and
(c)  in any other case, on conviction on indictment, to imprisonment for a term not exceeding 14 years."
 

THE LORD FALCONER OF THOROTON

232Page 20, line 40, leave out "7" and insert "10"
 

THE LORD ADEBOWALE

233Page 20, line 40, at end insert—
"(5)  This subsection applies 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, and
(d)  penetration of A's mouth with B's penis."
 

Clause 44

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

234Page 21, line 1, at beginning insert "for the purpose of obtaining sexual gratification,"
 

THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY

235Page 21, line 4, at end insert ", and
(e)  A knows or could reasonably be expected to know that B has a mental disorder or learning disability"
236Page 21, line 5, leave out subsection (2)
 

THE LORD FALCONER OF THOROTON
THE LORD THOMAS OF GRESFORD

237Page 21, line 10, leave out subsection (3)
 

THE LORD FALCONER OF THOROTON

238Page 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,"
 

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

239Page 21, line 12, leave out paragraph (a)
 

THE LORD FALCONER OF THOROTON

240Page 21, line 15, leave out "7" and insert "10"
 

Clause 45

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

241Page 21, line 18, at beginning insert "for the purpose of obtaining sexual gratification,"
 

THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY

242Page 21, line 21, at end insert ", and
(e)  A knows or could reasonably be expected to know that B has a mental disorder or learning disability"
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

243Page 21, line 21, at end insert ", and
(e)  subsection (1A) does not apply"
244Page 21, line 21, at end insert—
"(1A)  This subsection applies when A has been authorised by the Secretary of State for Health to provide sexual assistance to B as part of the overall care that is provided to B."
 

THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY

245Page 21, line 22, leave out subsection (2)
 

THE LORD FALCONER OF THOROTON

246Page 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,"
 

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

247Page 21, line 28, leave out paragraph (a)
 

THE LORD FALCONER OF THOROTON

248Page 21, line 31, leave out "7" and insert "10"
 

Clause 46

 

THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY

249Page 21, line 41, at end insert ", and
(f)  A knows, or could reasonably be expected to know, that B has a mental disorder or learning disability"
250Page 21, line 42, leave out subsection (2)
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

251Page 22, line 4, leave out paragraph (a)
 

THE LORD ADEBOWALE

 The Lord Adebowale gives notice of his intention to oppose the Question that Clause 46 stand part of the Bill.
 

Clause 47

 

THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY

252Page 22, line 17, at end insert ", and
(e)  A knows, or could reasonably be expected to know, that B has a mental disorder or learning disability"
253Page 22, line 18, leave out subsection (2)
 

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

254Page 22, line 24, leave out paragraph (a)

 
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1 April 2003