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

House of Lords

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Clause 110

 

THE LORD FALCONER OF THOROTON

458ZHPage 56, line 12, leave out "he" and insert "resides in his police area or who the chief officer"
 

THE LORD LUCAS
THE BARONESS WALMSLEY

458APage 56, line 15, after "(3)" insert "with the intention of obtaining sexual gratification (whether immediately or at some future time)"
 

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

463APage 60, line 6, leave out "103(4) to (6), 104 and 107" and insert "104 and (Section (Foreign travel orders: applications and grounds): qualifying offenders)"
463BPage 60, line 7, leave out ", cautions and punishments" and insert "and cautions"
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)),"
 

After Clause 118

 

THE LORD FALCONER OF THOROTON

465AInsert the following new Clause—
  "Offences with thresholds
(1)  This section applies to an offence which in Schedule 2 is listed subject to a condition relating to the way in which the defendant is dealt with in respect of the offence or (where a relevant finding has been made in respect of him) in respect of the finding.
(2)  For the purposes of this Part (including in particular section 84(6))—
(a)  a person is to be regarded as convicted of such an offence, or
(b)  (as the case may be) a relevant finding in relation to such an offence is to be regarded as made,
  at the time when the condition is met.
(3)  In the following subsections, references to a foreign offence are references to an act which—
(a)  constituted an offence under the law in force in a country outside the United Kingdom ("the relevant foreign law"), and
(b)  would have constituted an offence to which this section applies (but not an offence, listed in Schedule 2, to which this section does not apply) if it had been done in any part of the United Kingdom.
(4)  In relation to a foreign offence, references to the corresponding UK offence are references to the offence (or any offence) to which subsection (3)(b) applies in the case of that foreign offence.
(5)  For the purposes of this Part, a person is to be regarded as convicted under the relevant foreign law of a foreign offence at the time when he is, in respect of the offence, dealt with under that law in a way equivalent to that mentioned in Schedule 2 as it applies to the corresponding UK offence.
(6)  Where in the case of any person a court exercising jurisdiction under the relevant foreign law makes in respect of a foreign offence a finding equivalent to a relevant finding, the court's finding is, for the purposes of this Part, to be regarded as made at the time when the person is, in respect of the finding, dealt with under that law in a way equivalent to that mentioned in Schedule 2 as it applies to the corresponding UK offence.
(7)  Where (by virtue of an order under section 117 or otherwise) an offence is listed in Schedule 3 subject to a condition such as is mentioned in subsection (1), this section applies to that offence as if references to Schedule 2 were references to Schedule 3.
(8)  In this section, "relevant finding", in relation to an offence, means—
(a)  a finding that a person is not guilty of the offence by reason of insanity, or
(b)  a finding that a person is under a disability and did the act charged against him in respect of the offence."
 

Clause 122

 

THE LORD FALCONER OF THOROTON

466Page 64, line 43, at beginning insert "Subject to subsection (6),"
466APage 65, line 4, after "(5)" insert ", (Foreign travel orders: appeals)"
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—
 

"Homosexual Offences (Northern Ireland) Order 1982 (S.I. 1982/1536 (N.I. 19))

      In the Homosexual Offences (Northern Ireland) Order 1982, omit—
(a)  Articles 7(2), 8 and 10(2)(a), and
(b)  paragraphs 3 and 4 of the Schedule."
 

THE LORD BEAUMONT OF WHITLEY
THE BARONESS NOAKES

474Page 82, line 25, at end insert—
 

"Homosexual Offences (Northern Ireland) Order 1982 (S.I. 1982/1536 (N.I. 19))

      In the Homosexual Offences (Northern Ireland) Order 1982 (S.I. 1982/1526 (N.I. 17)), omit—
(a)  article 3 (homosexual acts in private),
(b)  article 6 (revised punishment for homosexual acts),
(c)  article 7 (procuring others to commit homosexual acts),
(d)  article 8 (living on earnings of male prostitution),
(e)  article 10 (time limit on prosecutions),
(f)  article 11 (restriction on prosecutions), and
(g)  article 13 (past offences)."
 

THE LORD FALCONER OF THOROTON

475Page 83, line 9, at end insert "except so far as extending to Northern Ireland"
476Page 84, line 47, at end insert—
 

"Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9))

      In paragraph 1 of Schedule 1 to the Criminal Justice (Children) (Northern Ireland) Order 1998—
(a)  omit sub-paragraph (e);
(b)  in sub-paragraph (j) for "Articles 7 and 8" substitute "Article 7".
 

Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20))

      In the Criminal Justice (Northern Ireland) Order 1998, omit Articles 6, 6A, 6B and 7."
477Page 85, line 17, at end insert "except so far as extending to Scotland"
 

Schedule 5

 

THE LORD FALCONER OF THOROTON

478Page 86, line 7, at end insert—
  "Offences Against the Person Act 1861 (c. 100)In section 61, the words "either", "or with any animal" and "or an animal".
  In section 62, the words "or an animal".
  Criminal Law Amendment Act 1885 (c. 69)Section 2(2) to (4).
  Section 11.
  Vagrancy Act 1898 (c. 39)Section 1(1)(a), (2) and (3).
  Criminal Law Amendment Act 1912 (c. 20)Section 7(4) and (5)."
 

THE LORD BEAUMONT OF WHITLEY
THE BARONESS NOAKES

479Page 86, line 7, at end insert—
  "Offences Against the Person Act 1861 (c. 100)Sections 61, and 62.
  Criminal Law Amendment Act 1885 (c. 69)Section 11.
  Vagrancy Act 1898 (c. 39)Section 1(1)(b)."
 

THE LORD FALCONER OF THOROTON

480Page 86, line 25, at end insert—
  "Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.))In section 21, in subsection (1) the words "or the prostitution of," and in subsection (2) the words "or the prostitution of," and "or who has become a prostitute,"."
 

THE LORD BEAUMONT OF WHITLEY
THE BARONESS NOAKES

481Page 86, line 35, at end insert—
  "The Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26))In Article 29(1) the words "[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

482Page 86, line 37, at end insert—
  "Homosexual Offences (Northern Ireland) Order 1982 (S.I. 1982/1536 (N.I. 19))Article 7(2).
  Article 8.
  Article 10(2)(a).
  In the Schedule, paragraphs 3 and 4."
 

THE LORD BEAUMONT OF WHITLEY
THE BARONESS NOAKES

483Page 86, line 37, at end insert—
  "Homosexual Offences (Northern Ireland) Order 1982 (S.I. 1982/1536 (N.I. 19))Articles 3, 6 to 8, 10, 11, and 13."
 

THE LORD FALCONER OF THOROTON

484Page 86, line 39, column 2, at beginning insert—
  "Section 4(2) and (3)."
485Page 86, line 41, column 2, at end insert "except so far as extending to Northern Ireland"
486Page 87, line 11, at end insert—
  "Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9))In Schedule 1, paragraph 1(e)."
487Page 87, line 12, column 1, leave out "The"
488Page 87, line 23, column 2, at end insert "except so far as extending to Scotland"

 
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12 May 2003