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

House of Lords

back to previous amendments

 

Clause 33

 

THE LORD FALCONER OF THOROTON

108*Page 16, line 39, leave out "a" and insert "or incites another"
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE LORD RIX

109*Page 16, line 41, leave out "refuse" and insert "consent"
110*Page 17, line 4, leave out from "unable" to end of line 9 and insert "to consent if at the material time—
(a)  he lacks the capacity to consent to the sexual activity because he lacks sufficient understanding of the nature of the sexual activity or its reasonably foreseeable consequences, or
(b)  he is unable to communicate such a choice to A because he is unconscious or for any other reason."
 

THE LORD FALCONER OF THOROTON

111*Page 17, line 6, after "caused" insert "or incited"
112*Page 17, line 14, after "caused" insert "or incited"
 

Clause 34

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE LORD RIX

113*Page 17, line 25, leave out "refuse" and insert "consent"
114*Page 17, line 30, leave out from "unable" to end of line 35 and insert "to consent if at the material time—
(a)  he lacks the capacity to consent to the sexual activity because he lacks sufficient understanding of the nature of the sexual activity or its reasonably foreseeable consequences, or
(b)  he is unable to communicate such a choice to A because he is unconscious or for any other reason."
115*Page 17, line 35, after "A" insert "because he is unconscious or for any other reason"
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

116Page 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."
 

THE LORD FALCONER OF THOROTON

117*Leave out Clause 34
 

Clause 35

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE LORD RIX

118*Page 18, line 1, leave out "refuse" and insert "consent"
119*Page 18, line 6, leave out from "unable" to end of line 10 and insert "to consent if at the material time—
(a)  he lacks the capacity to consent to the sexual activity because he lacks sufficient understanding of the nature of the sexual activity or its reasonably foreseeable consequences, or
(b)  he is unable to communicate such a choice to A because he is unconscious or for any other reason."
 

Clause 36

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE LORD RIX

120*Page 18, line 21, leave out "refuse" and insert "consent"
121*Page 18, line 26, leave out from "unable" to end of line 30 and insert "to consent if at the material time—
(a)  he lacks the capacity to consent to the sexual activity because he lacks sufficient understanding of the nature of the sexual activity or its reasonably foreseeable consequences, or
(b)  he is unable to communicate such a choice to A because he is unconscious or for any other reason."
 

Clause 38

 

THE LORD FALCONER OF THOROTON

122*Page 19, line 15, leave out "a" and insert "another"
123*Page 19, line 16, after "in" insert ", or to agree to engage in,"
124*Page 19, line 25, after "caused" insert "or agreed to"
 

Clause 39

 

THE LORD FALCONER OF THOROTON

125*Leave out Clause 39
 

Clause 42

 

THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY

126*Page 21, line 3, leave out subsection (2) and insert—
"(   )  In proceedings for an offence under this section, it is a defence for the defendant to show that he did not know, and could not reasonably be expected to know, that the other person had a mental disorder or learning disability."
 

Clause 43

 

THE LORD FALCONER OF THOROTON

127*Page 21, line 24, leave out "a" and insert "or incites another"
 

THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY

128*Page 21, line 28, leave out subsection (2) and insert—
"(   )  In proceedings for an offence under this section, it is a defence for the defendant to show that he did not know, and could not reasonably be expected to know, that the other person had a mental disorder or learning disability."
 

THE LORD FALCONER OF THOROTON

129*Page 21, line 33, at end insert "or incited"
 

Clause 44

 

THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY

130*Page 22, line 9, leave out subsection (2) and insert—
"(   )  In proceedings for an offence under this section, it is a defence for the defendant to show that he did not know, and could not reasonably be expected to know, that the other person had a mental disorder or learning disability."
 

THE LORD FALCONER OF THOROTON

131*Leave out Clause 44
 

Clause 45

 

THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY

132*Page 22, line 39, leave out subsection (2) and insert—
"(   )  In proceedings for an offence under this section, it is a defence for the defendant to show that he did not know, and could not reasonably be expected to know, that the other person had a mental disorder or learning disability."
 

Clause 46

 

THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY

133*Page 23, line 15, leave out subsection (2) and insert—
"(   )  In proceedings for an offence under this section, it is a defence for the defendant to show that he did not know, and could not reasonably be expected to know, that the other person had a mental disorder or learning disability."
 

After Clause 46

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

134Insert 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
THE BARONESS BLATCH

135Page 23, line 33, leave out "regular"
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

136Page 23, line 36, leave out "or an independent medical agency" and insert ", an independent medical agency, an independent practice or an independent practitioner,"
137Page 23, line 38, at end insert "or
(c)  in an independent practice or private residence."
138Page 23, line 40, after "hospital" insert "or in the independent practice or private residence"
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE BARONESS BLATCH

139Page 23, line 41, leave out "regular"
140Page 24, line 1, leave out "regular"
 

THE LORD FALCONER OF THOROTON

141Page 24, line 6, leave out "53(1)" and insert "53"
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

142Page 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 49

 

THE BARONESS BLATCH

143Leave out Clause 49
 

Clause 53

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

144Page 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,"
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE LORD FALCONER OF THOROTON

145Page 27, line 18, leave out paragraph (b)
 

Clause 54

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

146Page 27, line 33, leave out paragraph (b)
 

THE LORD FALCONER OF THOROTON

147Transpose Clause 54 to after Clause 58
 

Clause 55

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

148Page 27, line 42, leave out "B's" and insert "the abuse of B through"
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE LORD FALCONER OF THOROTON

149Page 28, line 1, leave out paragraph (b)
 

Clause 56

 

THE LORD LUCAS

150Page 28, line 14, after "person" insert "directly"
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

151Page 28, line 16, leave out paragraph (b)
 

THE LORD FALCONER OF THOROTON

152Transpose Clause 56 to after Clause 58
 

Clause 57

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

153Page 28, line 24, after "the" insert "abuse through"
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE LORD FALCONER OF THOROTON

154Page 28, line 26, leave out paragraph (b)
 

Clause 58

 

THE LORD FALCONER OF THOROTON

155Page 28, line 38, leave out from beginning to "person" in line 39 and insert "For the purposes of sections 53 to 57, a"
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE LORD FALCONER OF THOROTON

156Page 28, line 42, leave out subsection (3)
 

THE LORD LUCAS

157Page 29, line 4, leave out from "person" to end of line 5
 

THE LORD FALCONER OF THOROTON

158Page 29, line 6, at beginning insert "In those sections"
 

After Clause 58

 

THE LORD FALCONER OF THOROTON

159Insert the following new Clause—
  "Sections 54 and 56: interpretation
(1)  In sections 54 and 56, "gain" means—
(a)  any financial advantage, including the discharge of an obligation to pay or the provision of goods or services (including sexual services) gratuitously or at a discount; or
(b)  the goodwill of any person which is or appears likely, in time, to bring financial advantage.
(2)  In those sections "prostitute" and "prostitution" have the meaning given by section 58(4)."

 
back to previous pagecontinue to next page
 
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

©Parliamentary copyright 2003
30 May 2003