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Amendments to the Sexual Offences Bill [HL]

Sexual Offences Bill [HL]


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT


[Amendments marked * are new or have been altered]

Amendment
No.

 

Before Clause 1

 

THE LORD CAMPBELL OF ALLOWAY
THE LORD ACKNER

1Insert 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."
 

Clause 1

 

THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY

2*Page 1, line 5, leave out subsections (1) to (4) and insert—
"(1)  A person (A) commits an offence if—
(a)  he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis;
(b)  B does not consent; and
(c)  A does not reasonably believe that B consents.
(2)  Sections 77 and 78 apply to an offence under this section."
 

THE LORD CAMPBELL OF ALLOWAY
THE LORD LLOYD OF BERWICK

3Page 1, line 6, leave out ", anus or mouth" and insert "or anus"
 

THE LORD CAMPBELL OF ALLOWAY
THE LORD ACKNER
THE LORD LLOYD OF BERWICK

4Page 1, line 9, leave out "or (3)"
5Page 1, line 13, leave out subsection (3)
 

THE LORD FALCONER OF THOROTON

6Page 1, line 14, leave out paragraphs (a) and (b) and insert ", in all the circumstances (including any steps A has taken to ascertain whether B consents), A could reasonably be expected to doubt whether B consents."
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

7Page 1, line 14, after "person" insert "sharing the characteristics of A"
8Page 1, line 16, after "person" insert "sharing the characteristics of A"
 

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

9Page 1, line 18, leave out subsection (4)
 

THE LORD ACKNER

10Leave out Clause 1
 

Clause 2

 

THE LORD LLOYD OF BERWICK

11Page 2, line 5, leave out "anus or mouth" and insert "or anus"
12Page 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."
 

THE LORD FALCONER OF THOROTON

13*Transpose Clause 2 to after Clause 7
 

After Clause 2

 

THE LORD ACKNER

14*Insert the following new Clause—
  "Anonymity of defendant in rape etc. cases
  The defendant in rape etc. cases shall enjoy the same right to anonymity as is enjoyed by the defendant."
 

Clause 3

 

THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY

15*Page 2, line 12, leave out subsections (1) to (4) and insert—
"(1)  A person (A) commits an offence if—
(a)  he intentionally penetrates the vagina or anus of another person (B) with a part of his body or anything else,
(b)  the penetration is sexual,
(c)  B does not consent; and
(d)  A does not reasonably believe that B consents.
(2)  Sections 77 and 78 apply to an offence under this section."
 

THE LORD CAMPBELL OF ALLOWAY
THE LORD ACKNER
THE LORD LLOYD OF BERWICK

16Page 2, line 17, leave out "or (3)"
17Page 2, line 21, leave out subsection (3)
 

THE LORD FALCONER OF THOROTON

18Page 2, line 22, leave out paragraphs (a) and (b) and insert ", in all the circumstances (including any steps A has taken to ascertain whether B consents), A could reasonably be expected to doubt whether B consents."
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

19Page 2, line 22, after "person" insert "sharing the characteristics of A"
20Page 2, line 24, after "person" insert "sharing the characteristics of A"
 

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

21Page 2, line 26, leave out subsection (4)
 

THE LORD ACKNER

22Leave out Clause 3
 

Clause 4

 

THE LORD LLOYD OF BERWICK

23Page 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."
 

THE LORD FALCONER OF THOROTON

24*Transpose Clause 4 to after Clause 7
 

Clause 5

 

THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY

25*Page 2, line 38, leave out subsections (1) to (4) and insert—
"(1)  A person (A) commits an offence if—
(a)  he intentionally touches another person (B),
(b)  the touching is sexual,
(c)  B does not consent; and
(d)  A does not reasonably believe that B consents.
(2)  Sections 77 and 78 apply to an offence under this section."
 

THE LORD CAMPBELL OF ALLOWAY
THE LORD ACKNER
THE LORD LLOYD OF BERWICK

26Page 3, line 3, leave out "or (3)"
27Page 3, line 7, leave out subsection (3)
 

THE LORD FALCONER OF THOROTON

28Page 3, line 8, leave out paragraphs (a) and (b) and insert ", in all the circumstances (including any steps A has taken to ascertain whether B consents), A could reasonably be expected to doubt whether B consents."
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

29Page 3, line 8, after "person" insert "sharing the characteristics of A"
30Page 3, line 10, after "person" insert "sharing the characteristics of A"
 

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

31Page 3, line 12, leave out subsection (4)
 

THE LORD ACKNER

32Leave out Clause 5
 

Clause 6

 

THE LORD FALCONER OF THOROTON

33*Transpose Clause 6 to after Clause 7
 

Clause 7

 

THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY

34*Page 3, line 30, leave out subsections (1) to (4) and insert—
"(1)  A person (A) commits an offence if—
(a)  he intentionally causes another person (B) to engage in an activity,
(b)  the activity is sexual,
(c)  B does not consent, and
(d)  A does not reasonably believe that B consents.
(2)  Sections 77 and 78 apply to an offence under this section."
 

THE LORD CAMPBELL OF ALLOWAY
THE LORD ACKNER
THE LORD LLOYD OF BERWICK

35Page 3, line 34, leave out "or (3)"
36Page 3, line 38, leave out subsection (3)
 

THE LORD FALCONER OF THOROTON

37Page 3, line 39, leave out paragraphs (a) and (b) and insert ", in all the circumstances (including any steps A has taken to ascertain whether B consents), A could reasonably be expected to doubt whether B consents."
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

38Page 3, line 39, after "person" insert "sharing the characteristics of A"
39Page 3, line 41, after "person" insert "sharing the characteristics of A"
 

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

40Page 4, line 1, leave out subsection (4)
 

THE LORD ACKNER

41Leave out Clause 7
 

Clause 8

 

THE LORD FALCONER OF THOROTON

42*Page 4, line 18, after "causes" insert "or incites"
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

43Page 4, line 23, leave out "(a) where subsection (3) applies"
44Page 4, leave out lines 24 to 30
 

THE LORD FALCONER OF THOROTON

45*Page 4, line 25, after "caused" insert "or incited"
 

Clause 9

 

THE LORD FALCONER OF THOROTON

46Page 4, line 36, leave out paragraph (c)
 

Clause 10

 

THE LORD FALCONER OF THOROTON

47*Page 5, line 3, after "causes" insert "or incites"
48Page 5, line 5, leave out paragraph (c)
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

49Page 5, line 11, after "indictment" insert—
"(a)  where subsection (3) applies, to imprisonment for life;
(b)  in any other case"
50Page 5, line 11, at end insert—
"(3)  This subsection applies if the offence was against a person under 13 at the time of the offence and 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,
(d)  penetration of a person's mouth with B's penis."
 

Clause 11

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

51Page 5, line 22, leave out "(a) where subsection (3) applies"
52Page 5, leave out lines 23 to 30
 

THE LORD FALCONER OF THOROTON

53*Leave out Clause 11
 

Clause 12

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

54Page 5, line 42, at end insert "on conviction on indictment, to imprisonment for a term not exceeding 10 years where B is under 13 at the time of the offence, and in any other case"

 
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30 May 2003