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Amendments to the Sexual Offences Bill [HL]

Sexual Offences Bill [HL]


AMENDMENTS
TO BE MOVED
IN COMMITTEE
[Supplementary to the Third Marshalled List]


 

Clause 71

 

THE LORD FALCONER OF THOROTON

Page 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."
Page 32, line 34, leave out "or operates"
 

After Clause 71

 

THE LORD FALCONER OF THOROTON

Insert 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 92

 

THE LORD FALCONER OF THOROTON

Page 45, line 29, at end insert—
"(   )  the chief officer of police for the area in which the young offender resides;"
 

Clause 96

 

THE LORD FALCONER OF THOROTON

Page 47, line 39, leave out "he" and insert "the defendant resides in his police area or the chief officer"
Page 48, line 10, leave out "for" and insert "in respect of"
 

Clause 103

 

THE LORD FALCONER OF THOROTON

Page 51, line 26, leave out "he" and insert "resides in his police area or who the chief officer"
 

Clause 104

 

THE LORD FALCONER OF THOROTON

Page 52, line 2, at end insert—
"(   )  "Qualifying offender" means a person within subsection (4) or (4A)."
Page 52, line 3, leave out ""Qualifying offender" means a person who" and insert "A person is within this subsection if"
Page 52, line 4, at end insert "he"
Page 52, line 8, at end insert "or"
Page 52, line 10, leave out from "offence" to end of line 15
Page 52, line 15, at end insert—
"(4A)  A person is within this subsection if, under the law in force in a country outside the United Kingdom and whether before or after the commencement of this Part—
(a)  he has been convicted of a relevant offence (whether or not he has been punished for it),
(b)  a court exercising jurisdiction under that law has made in respect of a relevant offence a finding equivalent to a finding that he is not guilty by reason of insanity,
(c)  such a court has made in respect of a relevant offence a finding equivalent to a finding that he is under a disability and did the act charged against him in respect of the offence, or
(d)  he has been cautioned in respect of a relevant offence."
Page 52, line 17, leave out ", cautioned or punished" and insert "or cautioned"
Page 52, line 18, at end insert "or (4A)"
Page 52, line 18, at end insert—
"(5A)  In subsection (4A), "relevant offence" means an act which—
(a)  constituted an offence under the law in force in the country concerned, and
(b)  would have constituted an offence listed in Schedule 2 or 3 if it had been done in any part of the United Kingdom."
Page 52, line 21, leave out "(4)" and insert "(5A)"
Page 52, line 23, leave out "(4)(e)(ii)" and insert "(5A)(b)"
 

After Clause 109

 

THE LORD FALCONER OF THOROTON

Insert the following new Clause—
  "Foreign travel orders: applications and grounds
(1)  A chief officer of police may by complaint to the magistrates' court apply for an order under this section ("a foreign travel order") in respect of a person ("the defendant") who resides in his police area or who the chief officer believes is in or is intending to come to his police area if it appears to the chief officer that—
(a)  the defendant is a qualifying offender, and
(b)  the defendant has since the appropriate date acted in such a way as to give reasonable cause to believe that it is necessary for such an order to be made.
(2)  An application under subsection (1) may be made to any magistrates' court whose commission area includes any part of the applicant's police area.
(3)  On the application, the court may make a foreign travel order if it is satisfied that—
(a)  the defendant is a qualifying offender, and
(b)  the defendant's behaviour since the appropriate date makes it necessary to make such an order, for the purpose of protecting children generally or any child from serious sexual harm from the defendant outside the United Kingdom."
Insert the following new Clause—
  "Section (Foreign travel orders: applications and grounds): interpretation
(1)  Subsections (2) to (5) apply for the purposes of section (Foreign travel orders: applications and grounds).
(2)  "Protecting children generally or any child from serious sexual harm from the defendant outside the United Kingdom" means protecting persons under 16 generally or any particular person under 16 from serious physical or psychological harm caused by the defendant doing, outside the United Kingdom, anything which would constitute an offence listed in Schedule 2 if done in England and Wales or Northern Ireland.
(3)  Acts and behaviour include those occurring before the commencement of this Part.
(4)  "Qualifying offender" has the meaning given by section (Section (Foreign travel orders: applications and grounds): qualifying offenders).
(5)  "Appropriate date", in relation to a qualifying offender, means the date or (as the case may be) the first date on which he was convicted, found or cautioned as mentioned in subsection (1) or (3) of section (Section (Foreign travel orders: applications and grounds): qualifying offenders).
(6)  In this section and section (Section (Foreign travel orders: applications and grounds): qualifying offenders) as they apply to Northern Ireland, references to persons, or to a person, under 16 are to be read as references to persons, or to a person, under 17."
Insert the following new Clause—
  "
(1)  A person is a qualifying offender for the purposes of section (Foreign travel orders: applications and grounds) if, whether before or after the commencement of this Part, he—
(a)  has been convicted of an offence within subsection (2),
(b)  has been found not guilty of such an offence by reason of insanity,
(c)  has been found to be under a disability and to have done the act charged against him in respect of such an offence, or
(d)  in England and Wales or Northern Ireland, has been cautioned in respect of such an offence.
(2)  The offences are—
(a)  an offence within any of paragraphs 13 to 15, 41 to 43, 63, 64 and 66 of Schedule 2;
(b)  an offence within paragraph 28 of that Schedule, if the intended offence was an offence against a person under 16;
(c)  an offence within paragraph 68 of that Schedule, if—
(i)  the corresponding civil offence is an offence within any of paragraphs 13 to 15 of that Schedule;
(ii)  the corresponding civil offence is an offence within paragraph 28 of that Schedule, and the intended offence was an offence against a person under 16; or
(iii)  the corresponding civil offence is an offence within any of paragraphs 1 to 12, 16 to 27 and 29 to 32 of that Schedule, and the victim of the offence was under 16 at the time of the offence.
(d)  an offence within any other paragraph of that Schedule, if the victim of the offence was under 16 at the time of the offence.
(3)  A person is also a qualifying offender for the purposes of section (Foreign travel orders: applications and grounds) if, under the law in force in a country outside the United Kingdom and whether before or after the commencement of this Part—
(a)  he has been convicted of a relevant offence (whether or not he has been punished for it),
(b)  a court exercising jurisdiction under that law has made in respect of a relevant offence a finding equivalent to a finding that he is not guilty by reason of insanity,
(c)  such a court has made in respect of a relevant offence a finding equivalent to a finding that he is under a disability and did the act charged against him in respect of the offence, or
(d)  he has been cautioned in respect of a relevant offence.
(4)  In subsection (3), "relevant offence" means an act which—
(a)  constituted an offence under the law in force in the country concerned, and
(b)  would have constituted an offence within subsection (2) if it had been done in England and Wales or Northern Ireland.
(5)  An act punishable under the law in force in a country outside the United Kingdom constitutes an offence under that law for the purposes of subsection (4), however it is described in that law.
(6)  Subject to subsection (7), on an application under section (Foreign travel orders: applications and grounds) the condition in subsection (4)(b) above (where relevant) is to be taken as met unless, not later than rules of court may provide, the defendant serves on the applicant a notice—
(a)  stating that, on the facts as alleged with respect to the act concerned, the condition is not in his opinion met,
(b)  showing his grounds for that opinion, and
(c)  requiring the applicant to prove that the condition is met.
(7)  The court, if it thinks fit, may permit the defendant to require the applicant to prove that the condition is met without service of a notice under subsection (6)."
Insert the following new Clause—
  "Foreign travel orders: effect
(1)  A foreign travel order has effect for a fixed period of not more than 6 months, specified in the order.
(2)  The order prohibits the defendant from doing whichever of the following is specified in the order—
(a)  travelling to any country outside the United Kingdom named or described in the order,
(b)  travelling to any country outside the United Kingdom other than a country named or described in the order, or
(c)  travelling to any country outside the United Kingdom.
(3)  The only prohibitions that may be included in the order are those necessary for the purpose of protecting children generally or any child from serious sexual harm from the defendant outside the United Kingdom.
(4)  If at any time while an order (as renewed from time to time) has effect a defendant is not a relevant offender, the order causes him to be subject to the requirements imposed by regulations made under section 88(1) (and for these purposes the defendant is to be treated as if he were a relevant offender).
(5)  Where a court makes a foreign travel order in relation to a person already subject to such an order (whether made by that court or another), the earlier order ceases to have effect.
(6)  Section (Section (Foreign travel orders: applications and grounds): interpretation) (2) applies for the purposes of this section and section (Foreign travel orders: variations, renewals and discharges)."
Insert the following new Clause—
  "Foreign travel orders: variations, renewals and discharges
(1)  A person within subsection (2) may by complaint to the appropriate court apply for an order varying, renewing or discharging a foreign travel order.
(2)  The persons are—
(a)  the defendant;
(b)  the chief officer of police on whose application the foreign travel order was made;
(c)  the chief officer of police for the area in which the defendant resides;
(d)  a chief officer of police who believes that the defendant is in, or is intending to come to, his police area.
(3)  Subject to subsection (4), on the application the court, after hearing the person making the application and (if they wish to be heard) the other persons mentioned in subsection (2), may make any order, varying, renewing or discharging the foreign travel order, that the court considers appropriate.
(4)  An order may be renewed, or varied so as to impose additional prohibitions on the defendant, only if it is necessary to do so for the purpose of protecting children generally or any child from serious sexual harm from the defendant outside the United Kingdom (and any renewed or varied order may contain only such prohibitions as are necessary for this purpose).
(5)  In this section "the appropriate court" means—
(a)  the court which made the foreign travel order;
(b)  a magistrates' court for the area in which the defendant resides; or
(c)  where the application is made by a chief officer of police, any magistrates' court whose commission area includes any part of his police area."
Insert the following new Clause—
  "Foreign travel orders: appeals
(1)  A defendant may appeal to the Crown Court—
(a)  against the making of a foreign travel order;
(b)  against the making of an order under section (Foreign travel orders: variations, renewals and discharges), or the refusal to make such an order.
(2)  On any such appeal, the Crown Court may make such orders as may be necessary to give effect to its determination of the appeal, and may also make such incidental or consequential orders as appear to it to be just.
(3)  Any order made by the Crown Court on an appeal under subsection (1)(a) (other than an order directing that an application be re-heard by a magistrates' court) is for the purposes of section (Foreign travel orders: variations, renewals and discharges) (5) to be treated as if it were an order of the court from which the appeal was brought (and not an order of the Crown Court)."
Insert the following new Clause—
  "Offence: breach of foreign travel order
(1)  A person commits an offence if, without reasonable excuse, he does anything which he is prohibited from doing by a foreign travel order.
(2)  A person guilty of an offence under this section is liable—
(a)  on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
(b)  on conviction on indictment, to imprisonment for a term not exceeding 5 years.
(3)  Where a person is convicted of an offence under this section, it is not open to the court by or before which he is convicted to make, in respect of the offence, an order for conditional discharge."

 
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©Parliamentary copyright 2003
16 April 2003