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Amendments to the Sexual Offences Bill [HL]

Sexual Offences Bill [HL]


SIXTH
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 66 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 66

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

332Page 30, line 9, leave out "any offence" and insert "an offence of assault, kidnapping or false imprisonment"
333Page 30, line 19, leave out paragraph (a)
 

Clause 67

 

THE LORD FALCONER OF THOROTON

333APage 30, line 24, leave out subsection (1) and insert—
"(1)  A person commits an offence if—
(a)  he is a trespasser on any premises,
(b)  he intends to commit a relevant sexual offence on the premises, and
(c)  he knows that, or is reckless as to whether, he is a trespasser."
333BPage 30, line 29, at end insert—
 ""premises" includes a structure or part of a structure;"
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

334Page 30, line 34, leave out paragraph (a)
 

Clause 68

 

THE BARONESS BLATCH

335Page 30, line 40, after "offence" insert "of incest"
 

THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY

336Page 31, line 11, after "know" insert "and had no reason to believe"
337Page 31, line 13, leave out from "offence" to end of line 14
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

338Page 31, line 16, leave out paragraph (a)
 

Clause 69

 

THE BARONESS BLATCH

339Page 31, line 21, after "offence" insert "of incest"
 

THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY

340Page 31, line 32, after "know" insert "and had no reason to believe"
341Page 31, line 34, leave out from "offence" to end of line 35
 

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

342Page 31, line 37, leave out paragraph (a)
 

Clause 70

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

343Page 32, line 1, leave out "genitals" and insert "penis"
 

THE LORD FALCONER OF THOROTON

343APage 32, line 1, at end insert "and"
 

THE BARONESS WALMSLEY
THE LORD THOMAS OF GRESFORD

344Page 32, line 1, at end insert "for the purpose of obtaining sexual gratification"
 

THE LORD LUCAS

345Page 32, line 1, at end insert "in a public place"
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

346Page 32, line 1, at end insert—
"(   )  the exposure is sexual,"
 

THE LORD LUCAS

347Page 32, line 2, leave out "or" and insert "and"
348Page 32, line 2, leave out from "will" to "be" in line 4
 

THE LORD FALCONER OF THOROTON

348APage 32, line 2, leave out from "them" to end of line 6 and insert "and be caused alarm or distress."
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE LORD LUCAS

349Page 32, line 5, leave out subsection (2)
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

350Page 32, line 8, leave out paragraph (a)
 

Clause 71

 

THE LORD FALCONER OF THOROTON

350APage 32, line 13, leave out subsections (1) to (3) and insert—
"(1)  A person commits an offence if—
(a)  for the purpose of obtaining sexual gratification, he observes another person doing a private act, and
(b)  he knows that the other person does not consent to being observed for his sexual gratification.
(2)  A person commits an offence if—
(a)  he operates equipment with the intention of enabling another person to observe, for the purpose of obtaining sexual gratification, a third person (B) doing a private act, and
(b)  he knows that B does not consent to his operating equipment with that intention.
(3)  A person commits an offence if—
(a)  he records another person (B) doing a private act,
(b)  he does so with the intention that he or a third person will, for the purpose of obtaining sexual gratification, look at an image of B doing the act, and
(c)  he knows that B does not consent to his recording the act with that intention."
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

351Page 32, line 16, at end insert "or observes B practising social nudity in a place in which social nudity is customarily practised"
 

THE LORD FALCONER OF THOROTON

351APage 32, line 34, leave out "or operates"
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

352Page 32, line 38, leave out paragraph (a)
 

THE LORD LUCAS

 The Lord Lucas gives notice of his intention to oppose the Question that Clause 71 stand part of the Bill.
 

After Clause 71

 

THE LORD FALCONER OF THOROTON

352AInsert the following new Clause—
  "Voyeurism: interpretation
(1)  The following apply for the purposes of section 71.
(2)  A person is doing a private act if the person is in a structure which, in the circumstances, would reasonably be expected to provide privacy, and—
(a)  the person's genitals, buttocks or breasts are exposed or covered only with underwear,
(b)  the person is using a lavatory, or
(c)  the person is doing a sexual act that is not of a kind ordinarily done in public.
(3)  Observation means any observation, whether direct or by looking at an image produced in any way.
(4)  In section 71 and this section—
 "image" means a moving or still image, produced by any means, and
 "structure" includes a tent, vehicle or vessel or other temporary or movable structure."
 

Clause 72

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

353Page 33, line 9, leave out paragraph (a)
 

THE LORD LUCAS

 The Lord Lucas gives notice of his intention to oppose the Question that Clause 72 stand part of the Bill.
 

Clause 73

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

354Page 33, line 22, leave out paragraph (a)
 

THE LORD LUCAS

 The Lord Lucas gives notice of his intention to oppose the Question that Clause 73 stand part of the Bill.
 

Clause 74

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE BARONESS FINLAY OF LLANDAFF

355Page 33, line 26, at end insert—
"(   )  A person commits an offence if—
(a)  he is in a public lavatory,
(b)  he intentionally engages in an activity within subsection (3), and
(c)  the activity is sexual."
356Page 33, line 30, at end insert—
"(   )  he knows that, or is reckless as to whether, someone will hear the activity and reasonably believe that it is an activity within subsection (3) and that it is sexual,"
 

THE LORD LUCAS

357Page 33, line 31, leave out ", or is reckless as to whether,"
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

358Page 33, line 31, leave out from "someone" to "will" in line 32
 

THE LADY SALTOUN OF ABERNETHY
THE LORD LUCAS

359Page 33, line 34, leave out subsection (2)
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

360Page 33, line 35, leave out "dwelling" and insert "public place"
 

THE BARONESS WALMSLEY
THE LORD THOMAS OF GRESFORD

361Page 34, line 4, at end insert—
"(   )  For the purposes of this section, cellular and other accommodation within a prison, young offenders institution, or other detention or penal facility is a private place."
 

THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY
THE LORD FALCONER OF THOROTON

 The above-named Lords give notice of their intention to oppose the Question that Clause 74 stand part of the Bill.
 

Before Schedule 1

 

THE LORD FALCONER OF THOROTON

362Insert the following new Schedule—
 

"EXTENSION OF GENDER-SPECIFIC PROSTITUTION OFFENCES

 

Sexual Offences Act 1956 (c. 69)

 1      In section 36 of the Sexual Offences Act 1956 (permitting premises to be used for prostitution), at the end insert "(whether any prostitute involved is male or female)".
7Street Offences Act 1959 (c. 57)
            102In section 1(1) of the Street Offences Act 1959 (loitering or soliciting for purposes of prostitution), after "prostitute" insert "(whether male or female)".
 3   (1)   Section 2 of that Act (application to court by woman cautioned for loitering or soliciting) is amended as follows.
(2)      In the heading of the section, for "woman" substitute "person".
(3)      In subsection (1)—
(a)  for "woman" substitute "person",
(b)  for "her" in each place substitute "his", and
(c)  for "she" in each place substitute "he".
(4)      In subsection (2)—
(a)  for "woman" in the first place substitute "person",
(b)  for "he" substitute "the chief officer", and
(c)  for "woman" in the second place substitute "person cautioned".
(5)      In subsection (3), for "woman" substitute "person cautioned".
 

Sexual Offences Act 1985 (c. 44)

 4   (1)   The Sexual Offences Act 1985 is amended as follows.
(2)      For the heading "Soliciting of women by men" substitute "Soliciting for the purpose of prostitution".
(3)      In section 1 (kerb-crawling)—
(a)  for "man" substitute "person",
(b)  for "a woman" substitute "another person",
(c)  for "women" in each place substitute "persons", and
(d)  for "the woman" substitute "the person".
(4)      In section 2 (persistent soliciting of women for the purpose of prostitution)—
(a)  for the heading of the section substitute "Persistent soliciting",
(b)  for "man" substitute "person",
(c)  for "a woman" substitute "another person", and
(d)  for "women" substitute "persons".
(5)      In section 4 (interpretation)—
(a)  omit subsections (2) and (3),
(b)  for "man" substitute "person",
(c)  for "a woman" substitute "another person",
(d)  for "her" in the first place substitute "that person", and
(e)  for "her" in the second place substitute "that person's"."
 

THE LORD LUCAS
[As amendments to amendment 362]

362ALine 7, at end insert—
      "In section 1(1) of the Street Offences Act 1959 (loitering or soliciting for purposes of prostitution), leave out "common prostitute" and insert "person"."
362BLine 10, at end insert—
      "After section 1(1) of the Street Offences Act 1959 (loitering or soliciting for the purposes of prostitution) insert the following new subsection—
    "(1A)      An offence under this Act shall not be made the subject of an order under the Crime and Disorder Act 1998.""

 
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©Parliamentary copyright 2003
16 May 2003