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

House of Lords

back to previous amendments

 

Schedule 1

 

THE LORD FALCONER OF THOROTON

363Page 67, line 9, leave out "to 67"
364Page 67, line 11, at end insert—
"(ba)  an offence under section 66 or 67 where the intended offence was an offence against a person under 16;"
365Page 67, line 25, at end insert—
"(   )  section 53 or 54 of that Act (abduction of woman),"
366Page 67, line 29, at end insert—
"(   )  section 2 of the Criminal Law Amendment Act 1885 (c. 69) (procuration of girl under 21),
(   )  section 3 of that Act (procuring defilement of woman using threats, etc.),"
367Page 67, line 30, leave out "the Criminal Law Amendment Act 1885" and insert "that Act"
368Page 67, line 31, leave out "or"
369Page 67, line 33, at end insert "or
(   )  section 7 of that Act (abduction of girl under 18);
(   )  an offence under—
(i)  section 1 of the Punishment of Incest Act 1908 (c. 45) (incest by males), or
(ii)  section 2 of that Act (incest by females);"
370Page 67, line 34, after "under" insert "—
(i)  section 21 of the Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.)) (causing or encouraging seduction, etc. of girl under 17), or
(ii)  "
371Page 67, line 34, leave out "the Children and Young Persons Act (Northern Ireland) 1968" and insert "that Act"
372Page 67, line 37, after "children);" insert—
"(ea)  an offence under Article 9 of the Criminal Justice (Northern Ireland) Order 1980 (S.I. 1980/704 (N.I. 6)) (inciting girl under 16 to have incestuous sexual intercourse);
(eb)  an offence under Article 15 of the Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17)) (indecent photographs of children);"
373Page 68, line 1, leave out sub-paragraph (i) and insert—
"(   )  section 17 of this Act (meeting a child following sexual grooming etc.), or"
374Page 68, line 5, leave out sub-paragraph (2) and insert—
"(   )  Sub-paragraph (1), apart from paragraphs (e) and (eb), does not apply where the victim of the offence was 17 or over at the time of the offence."
 

Before Clause 76

 

THE LORD FALCONER OF THOROTON

375Insert the following new Clause—
  "Exceptions to aiding, abetting and counselling
(1)  A person is not guilty of aiding, abetting or counselling the commission against a child of an offence to which this section applies if he acts for the purpose of—
(a)  protecting the child from sexually transmitted infection,
(b)  protecting the physical safety of the child, or
(c)  preventing the child from becoming pregnant,
  and not for the purpose of causing or encouraging either the activity constituting the offence or the child's participation in it.
(2)  This section applies to—
(a)  an offence under any of sections 2, 4 and 6 (offences against children under 13);
(b)  an offence under section 9 (sexual activity with a child);
(c)  an offence under section 14 which would be an offence under section 9 if the offender were aged 18;
(d)  an offence under any of sections 18, 28, 33, 38 and 43 (sexual activity) against a person under 16.
(3)  This section does not affect any other enactment or any rule of law restricting the circumstances in which a person is guilty of aiding, abetting or counselling an offence under this Part."
 

Clause 76

 

THE BARONESS WALMSLEY
THE LORD THOMAS OF GRESFORD

376Page 35, line 6, at end insert—
"(   )  Where a person charged with an offence under section 4, 6, or 8 of this Act is, at the time of the alleged commission of the offence, under the age of 16 no prosecution is to be brought without the prior consent of the Attorney General."
 

THE LORD FALCONER OF THOROTON

 The Lord Falconer of Thoroton gives notice of his intention to oppose the Question that Clause 76 stand part of the Bill.
 

Clause 77

 

THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY

377Page 35, line 8, leave out from "Part," to end of line 9 and insert "consent means free agreement by a person with the capacity to agree"
 

THE BARONESS WALMSLEY
THE LORD THOMAS OF GRESFORD

378Page 35, line 9, at end insert—
"(   )  In this section "capacity" means sufficient understanding at the time of the relevant activity of its nature and possible consequences."
 

Clause 78

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE LADY SALTOUN OF ABERNETHY

379Page 35, line 11, leave out subsection (1)
 

THE LORD FALCONER OF THOROTON

380Page 35, line 11, after "proved" insert "(a)"
381Page 35, line 12, after "act," insert—
"(b)  that the complainant did not consent to it,
(c)  ."
382Page 35, line 13, after "and" insert "(d)"
383Page 35, line 15, leave out paragraph (a)
384Page 35, line 19, leave out "the defendant" and insert "he"
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE LORD FALCONER OF THOROTON
THE LADY SALTOUN OF ABERNETHY

385Page 35, line 20, leave out subsection (2)
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE LADY SALTOUN OF ABERNETHY

386Page 35, line 23, leave out subsection (3)
 

THE LORD FALCONER OF THOROTON

387Page 35, line 23, leave out "referred to in subsection (1)"
 

THE LORD LUCAS

388Page 35, line 25, leave out from "complainant" to end of line 27 and insert "or another person, causing the complainant to fear for his own or the other person's immediate safety"
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE LORD LUCAS

389Page 35, line 26, leave out "immediate"
 

THE LORD LUCAS

390Page 35, line 29, leave out from "began," to end of line 30 and insert "threatening the use of violence or harm to the complainant or another person, causing the complainant to fear that harm would befall him or another person, or that he or another person would suffer violence;"
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE LORD LUCAS

391Page 35, line 30, leave out "immediate"
 

THE LORD LUCAS

392Page 35, line 30, at end insert—
"(   )  any person was, at the time of the relevant act or immediately before it began, causing the complainant to fear that an act would be carried out to his serious detriment or to the serious detriment of another person;"
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE LADY SALTOUN OF ABERNETHY

393Page 35, line 35, after "physical" insert "or mental"
 

THE LORD FALCONER OF THOROTON

394Page 35, line 38, leave out "when" and insert "immediately before"
395Page 35, line 40, leave out "when" and insert "immediately before"
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE LADY SALTOUN OF ABERNETHY

396Page 35, line 41, leave out subsections (5) and (6)
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

397Page 36, line 14, leave out subsections (7) and (8)
 

THE LORD CAMPBELL OF ALLOWAY

397ALeave out Clause 78 and insert the following new Clause—
  "Defence of honest belief as to consent
  The provisions of this Act as concerns England and Wales shall not abrogate the jurisdiction of the judiciary to entertain the defence of honest but mistaken belief as to consent as judicially established, and to ensure that an accused who had no guilty mind should not be convicted."
 

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

 The above-named Lords give notice of their intention to oppose the Question that Clause 78 stand part of the Bill.
 

THE LORD FALCONER OF THOROTON

398Divide Clause 78 into two clauses, the first (Presumptions about the absence of belief in consent) to consist of subsections (1) to (4) and the second (Conclusive presumptions about consent) to consist of subsections (5) to (8)
 

Clause 79

 

THE LORD FALCONER OF THOROTON

399Page 36, line 27, leave out "section 78 applies, references in that section" and insert "sections (Presumptions about the absence of belief in consent) and (Conclusive presumptions about consent) apply, references in those sections"
 

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

 The above-named Lords give notice of their intention to oppose the Question that Clause 79 stand part of the Bill.
 

Clause 80

 

THE LORD NORTHBOURNE
THE LORD LUCAS

399APage 37, line 8, after "Part" insert ", subject to subsection (2),"
400Page 37, line 9, leave out from "if" to end of line 14 and insert "it is intended to give rise to the sexual arousal of either party"
 

THE LORD LUCAS
THE LORD NORTHBOURNE

400APage 37, line 9, leave out from "if" to end of line 14 and insert "it is intended to result in sexual gratification"
 

THE LORD NORTHBOURNE
THE LORD LUCAS

400BPage 37, line 10, leave out "a" and insert "an objective and"
400CPage 37, line 10, leave out "a" and insert "an unprejudiced and"
 

THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY

401Page 37, line 10, leave out "reasonable" and insert "right-minded"
 

THE LORD NORTHBOURNE
THE LORD LUCAS

401APage 37, line 10, after "person" insert "of the same gender, sexuality, age and ethnic, social and cultural background"
401BPage 37, line 10, leave out "may (at least) be" and insert "was"
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

402Page 37, line 10, leave out "(at least)"
 

THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY

403Page 37, line 12, leave out "reasonable" and insert "right-minded"
 

THE LORD NORTHBOURNE
THE LORD LUCAS

403APage 37, line 13, leave out from "nature" to end of line 14 and insert "or circumstances"
 

THE LORD NORTHBOURNE

403AAPage 37, line 14, at end insert ", and
(c)  it is not in the best interests of the child"
 

THE LORD NORTHBOURNE
THE LORD LUCAS

403BPage 37, line 14, at end insert—
"(2)  For the purposes of this Part, "touching" of children is only "sexual" if—
(a)  from its nature and circumstances an objective and reasonable person would consider that it was sexual, and
(b)  it caused, or was liable to cause, harm to the child."
 

THE LORD NORTHBOURNE

403CPage 37, line 14, at end insert—
"(2)  Sexual touching takes place if a person (A), for sexual purposes—
(a)  touches, with any part of his or her body, the sexual parts of a child under the age of 16 years, or
(b)  compels a child under the age of 16 years to touch with any part of his or her body, the sexual parts of A's body."

 
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©Parliamentary copyright 2003
16 May 2003