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Amendments to the Sexual Offences Bill [HL]

Sexual Offences Bill [HL]


AMENDMENTS
TO BE MOVED
ON REPORT


 

Clause 1

 

THE LORD ACKNER

Leave out Clause 1
 

Clause 2

 

THE LORD LLOYD OF BERWICK

Page 2, line 5, leave out "anus or mouth" and insert "or anus"
Page 2, line 11, at end insert—
"(   )  A person (A) commits an offence if—
(a)  he intentionally penetrates the mouth of another person (B) with his penis,
(b)  B does not consent to the penetration, and
(c)  Subsection 2 applies."
 

Clause 3

 

THE LORD CAMPBELL OF ALLOWAY

Page 2, line 26, leave out subsection (4)
 

THE LORD ACKNER

Leave out Clause 3
 

Clause 4

 

THE LORD LLOYD OF BERWICK

Page 2, line 29, at end insert—
"(   )  A person commits an offence if—
(a)  he intentionally penetrates the mouth of another person with his penis, and
(b)  the other person is under 13."
 

Clause 5

 

THE LORD CAMPBELL OF ALLOWAY

Page 3, line 12, leave out subsection (4)
 

THE LORD ACKNER

Leave out Clause 5
 

Clause 7

 

THE LORD CAMPBELL OF ALLOWAY

Page 4, line 1, leave out subsection (4)
 

THE LORD ACKNER

Leave out Clause 7
 

Clause 8

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

Page 4, line 23, leave out "(a) where subsection (3) applies"
Page 4, leave out lines 24 to 30
 

Clause 9

 

THE LORD FALCONER OF THOROTON

Page 4, line 36, leave out paragraph (c)
 

Clause 10

 

THE LORD FALCONER OF THOROTON

Page 5, line 5, leave out paragraph (c)
 

Clause 11

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

Page 5, line 22, leave out "(a) where subsection (3) applies"
Page 5, leave out lines 23 to 30
 

Clause 15

 

THE BARONESS NOAKES

Page 7, line 2, after "physical" insert "or emotional"
 

Clause 17

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

Page 7, line 30, leave out paragraphs (c) and (d) and insert ", and
(c)  subsection (1B) applies."
Page 7, line 31, at end insert—
"(1B)  For the purpose of subsection (1), either—
(a)  B is under 16 and A does not reasonably believe that B is 16 or over; or
(b)  by reason of a mental disorder B lacks the capacity to consent and A knows or could reasonably be expected to know that B lacks the capacity to consent."
Page 8, line 5, leave out paragraph (a)
 

Clause 30

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

Page 15, line 23, after "half-sister" insert "step-sibling or foster-sibling"
Page 15, line 24, at end insert—
"(   )  one of them is or has been the spouse or partner of one of the persons mentioned in paragraph (a);
(   )  A and B are cousins."
Page 15, line 25, leave out subsection (3)
Page 15, line 32, after "live" insert "or have lived in"
Page 15, line 33, after "is" insert "or has been"
 

Clause 34

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

Page 17, line 37, leave out "to imprisonment for life" and insert—
"(a)  where subsection (4) applies, to imprisonment for life;
(b)  in any other case, to imprisonment for a term not exceeding 14 years.
(4)  This subsection applies if the activity caused involved—
(a)  penetration of B's anus or vagina,
(b)  penetration of B's mouth with a person's penis,
(c)  penetration of a person's anus or vagina with a part of B's body or by B with anything else, or
(d)  penetration of a person's mouth with B's penis."
 

After Clause 46

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

Insert the following new Clause—
  "Care workers: exception for purposes of sexual education
  It shall not be an offence under sections 43 to 46 if a care worker provides sexual education, advice or assistance in accordance with guidelines which have been issued for that purpose by the Secretary of State."
 

Clause 47

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

Page 23, line 33, leave out "regular"
Page 23, line 36, leave out "or an independent medical agency" and insert ", an independent medical agency, an independent practice or an independent practitioner,"
Page 23, line 38, at end insert "or
(c)  in an independent practice or private residence."
Page 23, line 40, after "hospital" insert "or in the independent practice or private residence"
Page 23, line 41, leave out "regular"
Page 24, line 1, leave out "regular"
 

THE LORD FALCONER OF THOROTON

Page 24, line 6, leave out "53(1)" and insert "53"
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

Page 24, line 13, at end insert—
 ""independent practice" and "independent practitioners" mean—
(a)  complementary therapies,
(b)  counselling and psychotherapies,
(c)  general health care,
(d)  social care,
  that are practised in an independent setting;"
 

Clause 53

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

Page 27, line 16, leave out from "to" to end of line 17 and insert "be abused through prostitution, or to be involved in the making or production of abusive or indecent images,"
Page 27, line 18, leave out paragraph (b)
 

THE LORD FALCONER OF THOROTON

Page 27, line 18, leave out paragraph (b)
 

Clause 54

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

Page 27, line 33, leave out paragraph (b)
 

Clause 55

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

Page 27, line 42, leave out "B's" and insert "the abuse of B through"
Page 28, line 1, leave out paragraph (b)
 

THE LORD FALCONER OF THOROTON

Page 28, line 1, leave out paragraph (b)
 

Clause 56

 

THE LORD LUCAS

Page 28, line 14, after "person" insert "directly"
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

Page 28, line 16, leave out paragraph (b)
 

Clause 57

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

Page 28, line 24, after "the" insert "abuse through"
Page 28, line 26, leave out paragraph (b)
 

THE LORD FALCONER OF THOROTON

Page 28, line 26, leave out paragraph (b)
 

Clause 58

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

Page 28, line 42, leave out subsection (3)
 

THE LORD LUCAS

Page 29, line 4, leave out from "person" to end of line 5
 

Clause 60

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

Page 29, line 17, leave out from "if" to "he" in line 18
 

THE LORD FALCONER OF THOROTON

Page 29, line 17, leave out from "if" to "he" in line 18
 

Clause 61

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

Page 29, line 33, leave out from "if" to "he" in line 34
 

THE LORD FALCONER OF THOROTON

Page 29, line 33, leave out from "if" to "he" in line 34
 

Clause 62

 

THE LORD FALCONER OF THOROTON

Page 30, line 6, leave out from "if" to "he" in line 7
 

Clause 63

 

THE LORD FALCONER OF THOROTON

Page 30, leave out line 35
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

Page 30, line 6, leave out from "if" to "he" in line 7
Page 30, leave out line 35
 

Before Clause 69

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

Insert the following new Clause—
  "Sexual activity in a public lavatory
(1)  A person commits an offence if—
(a)  he is in a public lavatory,
(b)  he intentionally engages in an activity within subsection (2),
(c)  the activity is sexual.
(2)  An activity is within this subsection if it involves—
(a)  a person, with a part of that person's body or anything else, penetrating that or another person's vagina or anus;
(b)  a person, with his penis, penetrating the mouth of another person;
(c)  a person touching that person's vagina, anus or penis, other than through that person's clothes; or
(d)  a person touching another person's vagina, anus or penis other than through the other person's clothes.
(3)  A lavatory is a public lavatory if the public or any section of the public has or is permitted to have access to it whether on payment or otherwise.
(4)  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 2 years."
 

Clause 72

 

THE LORD LUCAS

Page 34, line 19, leave out "a living" and insert "an"
 

Clause 73

 

THE LORD LUCAS

Leave out Clause 73
 

Clause 75

 

THE BARONESS NOAKES

Page 35, line 35, after "physical" insert "or emotional"
 

Clause 77

 

THE LORD LUCAS

Page 36, line 30, at end insert—
"(   )  the defendant knew or had reason to believe that he or another person had committed an offence under section 64;"
 

THE LORD CAMPBELL OF ALLOWAY

Leave out Clause 77
 

Clause 78

 

THE LORD CAMPBELL OF ALLOWAY

Leave out Clause 78
 

Clause 79

 

THE LORD CAMPBELL OF ALLOWAY

Leave out Clause 79
 

Clause 80

 

THE LORD LUCAS

Page 38, line 5, after "sexual" insert "in intent"
Page 38, line 6, after "sexual" insert "in intent"
 

After Clause 126

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

Insert the following new Clause—
  "Review of operation of Act
(1)  The Secretary of State shall publish each year a review of the operation of this Act.
(2)  The review shall cover the following matters—
(a)  conviction rates in respect of the offences contained in the Act, including trends in conviction rates;
(b)  practical difficulties encountered in interpreting the offences contained in the Act and their related defences;
(c)  sentencing experiences in respect of the offences contained in the Act in comparison with the maximum sentences prescribed by the Act;
(d)  any cases where prosecutions have proceeded in circumstances which were not envisaged when the Act was passed.
(3)  The first report under this section shall cover the period from the commencement of the Act to the 31 March following the second anniversary of the commencement of the Act.
(4)  A copy of the review shall be laid before both Houses of Parliament."
 

Schedule 1

 

THE LORD LUCAS

Page 73, line 10, leave out from "prostitution)," to end of line 11 and insert "leave out "common prostitute" and insert "person""

 
 
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©Parliamentary copyright 2003
23 May 2003