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Amendments to the Sexual Offences Bill [HL]

Sexual Offences Bill [HL]


THIRD
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE

      The amendments have been marshalled in accordance with the Instruction of 19th March 2003, as follows—

Clauses 26 to 75
Schedule 1
Clauses 76 to 82
Schedule 2
Clauses 83 to 103
Schedule 3
Clauses 104 to 124
Schedule 4
Clause 125
Schedule 5
Clauses 126 to 128

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 26

 

THE BARONESS BLATCH

 The Baroness Blatch gives notice of her intention to oppose the Question that Clause 26 stand part of the Bill.
 

Clause 27

 

THE BARONESS BLATCH
THE LORD FALCONER OF THOROTON

 The above-named Lords give notice of their intention to oppose the Question that Clause 27 stand part of the Bill.
 

Clause 28

 

THE BARONESS BLATCH

172Page 13, line 15, after "offence" insert "of incest"
 

THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY

173Page 13, line 21, after first "he" insert "reasonably"
174Page 13, line 21, leave out "the other person" and insert "B"
175Page 13, line 22, leave out from "offence" to end
 

THE LORD FALCONER OF THOROTON

176Page 13, line 22, after "proved" insert "(a)"
177Page 13, line 22, at end insert ", or
(b)  that the other person was under 13."
 

THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY

178Page 13, line 24, leave out "the other person" and insert "B"
179Page 13, line 26, after "know" insert "and had no reason to believe"
180Page 13, line 26, leave out "the other person" and insert "B"
181Page 13, line 28, leave out from "offence" to end of line 30
182Page 13, line 29, leave out "the other person" and insert "B"
 

THE LORD FALCONER OF THOROTON

183Page 13, line 31, leave out subsection (4)
 

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

184Page 13, line 37, leave out paragraph (a)
185Page 13, line 37, leave out "imprisonment" and insert "detention"
186Page 13, line 39, leave out "imprisonment" and insert "detention"
 

Clause 29

 

THE BARONESS BLATCH

187Page 13, line 42, after "offence" insert "of inciting incest"
 

THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY

188Page 14, line 7, after first "he" insert "reasonably"
189Page 14, line 7, leave out "the other person" and insert "B"
190Page 14, line 8, leave out from "offence" to end of line 10
191Page 14, line 10, leave out "the other person" and insert "B"
192Page 14, line 12, leave out "the other person" and insert "B"
193Page 14, line 14, after "know" insert "and had no reason to believe"
194Page 14, line 14, leave out "the other person" and insert "B"
195Page 14, line 16, leave out from "offence" to end of line 18
196Page 14, line 17, leave out "the other person" and insert "B"
 

THE LORD FALCONER OF THOROTON

197Page 14, line 19, leave out from beginning to "applies" in line 22 and insert—
"(4)  A person guilty of an offence under this section, if he was aged 18 or over and the other person was under 13 at the time of the offence, and the activity incited 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 life.
(4A)  Unless subsection (4) applies, a person guilty of an offence under this section, if he was aged 18 or over at the time of the offence, is liable on conviction on indictment to imprisonment for a term not exceeding 14 years.
(5)  Unless subsection (4) or (4A)"
 

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

198Page 14, line 24, leave out paragraph (a)
199Page 14, line 24, leave out "imprisonment" and insert "detention"
200Page 14, line 26, leave out "imprisonment" and insert "detention"
 

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 LORD FALCONER OF THOROTON

 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."

 
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9 April 2003