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

House of Lords

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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"
 

Clause 104

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

452Page 51, line 40, leave out "in the United Kingdom"
 

THE LORD ALLI

452APage 51, line 41, after "Kingdom" insert "and outside the United Kingdom"
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

453Page 52, line 5, leave out "or 3"
454Page 52, line 14, leave out "or 3"
 

THE LORD FALCONER OF THOROTON

455Page 52, line 23, leave out "taken as having been" and insert "to be taken as"
 

Clause 106

 

THE LORD FALCONER OF THOROTON

456Page 53, line 36, at end insert "(and any renewed or varied order may contain only such prohibitions as are necessary for this purpose)"
457Page 53, line 38, leave out "date" and insert "day"
458Page 53, line 40, leave out paragraphs (a) and (b) and insert—
"(a)  where the application is made by a chief officer of police, that chief officer, or
(b)  in any other case, the chief officer of police for the area in which the defendant resides."
 

Clause 110

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

459Page 56, line 31, at end insert "but shall not include anything done only for the purposes of providing sex education, sexual health advice or contraceptive services"
460Page 56, line 31, at end insert—
"(   )  communicating with a child in such a way as to induce the child to believe that the person is himself a child or is significantly younger than the person's actual age."
 

Clause 112

 

THE LORD FALCONER OF THOROTON

461Page 57, line 42, at end insert "(and any renewed or varied order may contain only such prohibitions as are necessary for this purpose)"
462Page 58, line 1, leave out subsection (5) and insert—
"(5)  The court must not discharge an order before the end of 5 years beginning with the day on which the order was made, without the consent of the defendant and—
(a)  where the application is made by a chief officer of police, that chief officer, or
(b)  in any other case, the chief officer of police for the area in which the defendant resides."
 

Clause 117

 

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

463Page 60, line 3, after "State" insert "after consultation with Scottish Ministers"
 

THE LORD FALCONER OF THOROTON

464Page 60, line 14, leave out "punishment" and insert "disposal"
 

Clause 118

 

THE LORD FALCONER OF THOROTON

465Page 60, line 42, leave out from "or" to end of line 43 and insert "Article 45 of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)),"
 

Clause 122

 

THE LORD FALCONER OF THOROTON

466Page 64, line 43, at beginning insert "Subject to subsection (6),"
467Page 65, line 17, leave out subsection (11)
 

Schedule 4

 

THE LORD FALCONER OF THOROTON

468Page 81, line 17, at end insert—
 

"Offences against the Person Act 1861 (c. 100)

      In the Offences against the Person Act 1861—
(a)  in section 61, omit the words "either", "or with any animal" and "or an animal";
(b)  in section 62, omit the words "or an animal".
 

Criminal Law Amendment Act 1885 (c. 69)

      In the Criminal Law Amendment Act 1885, omit—
(a)  in section 2, subsections (2) to (4), and
(b)  section 11.
 

Vagrancy Act 1898 (c. 39)

      In section 1 of the Vagrancy Act 1898, omit subsections (1)(a), (2) and (3).
 

Criminal Law Amendment Act 1912 (c. 20)

      In section 7 of the Criminal Law Amendment Act 1912, omit subsections (4) and (5)."
 

THE LORD BEAUMONT OF WHITLEY
THE BARONESS NOAKES

469Page 81, line 17, at end insert—
 

"Offences Against the Person Act 1861 (c. 100)

      In the Offences Against Person Act 1861 (c. 100), omit—
(a)  section 61 (buggery), and
(b)  section 62 (assault with intent to commit buggery or indecent assault upon a male person).
 

Criminal Law Amendment Act 1885 (c. 69)

      In the Criminal Law Amendment Act 1885, omit section 11 (gross indecency between men).
 

Vagrancy Act 1898 (c. 39)

      In the Vagrancy Act 1898 (c. 39), omit section 1(1)(b) (soliciting and importuning by men for immoral purposes)."
470Page 81, line 34, at end insert—
 

"Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (c. 28)

      In section 9(1)(a) of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (c. 28) after "indecent behaviour", insert "not constituting sexual activity"."
 

THE LORD FALCONER OF THOROTON

471Page 82, line 3, at end insert—
 

"Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.))

      In section 21 of the Children and Young Persons Act (Northern Ireland) 1968, omit—
(a)  in subsection (1), "or the prostitution of,", and
(b)  in subsection (2), "or the prostitution of," and "or who has become a prostitute,"."
 

THE LORD BEAUMONT OF WHITLEY
THE BARONESS NOAKES

472Page 82, line 22, at end insert—
 

"The Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26))

      In article 29(1) of The Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)), omit "[or with an offence under section 1(1)(b) of the Vagrancy Act 1898 (soliciting or importuning by men for immoral purposes) where the immoral purpose is the commission of a homosexual act]"."
 

THE LORD FALCONER OF THOROTON

473Page 82, line 25, at end insert—

 
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©Parliamentary copyright 2003
1 April 2003