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Amendments to the Sexual Offences Bill [HL]

Sexual Offences Bill [HL]


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


 

Clause 78

 

THE LORD CAMPBELL OF ALLOWAY

Leave 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."

 
 
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23 April 2003