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

House of Lords

back to previous amendments

 

Clause 60

 

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

160Page 29, line 17, leave out from "if" to "he" in line 18
 

Clause 61

 

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

161Page 29, line 33, leave out from "if" to "he" in line 34
 

Clause 62

 

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

162Page 30, line 6, leave out from "if" to "he" in line 7
 

Clause 63

 

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

163Page 30, leave out line 35
 

Before Clause 69

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

164Insert 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."
 

THE BARONESS BLATCH

165Insert the following new Clause—
  "Sexual activity in a public lavatory (No. 2)
(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; or
(c)  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

166Page 34, line 19, leave out "a living" and insert "an"
 

Clause 73

 

THE LORD LUCAS

167Leave out Clause 73
 

Clause 75

 

THE BARONESS BLATCH

168*Page 35, line 33, after "if" insert—
  "subsection (4) applies and"
 

THE BARONESS NOAKES

169Page 35, line 35, after "physical" insert "or emotional"
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

170Page 35, line 36, at end insert—
"(   )  providing bona fide advice and information about the emotional and physical aspects of sexual relations,"
 

THE BARONESS BLATCH

171*Page 36, line 7, at end insert—
"(4)  This subsection applies if—
(a)  the person is not and has never been subject to the notification requirements of Part 2 of this Act or to any order made under Part 2 of this Act, and
(b)  the person has never been subject to Part 1 of the Sex Offenders Act 1997 (c. 51) and does not satisfy any of the conditions in section 83(1)(a) to (d) of this Act, and
(c)  the person is not and has never been subject to any order made under a provision within section 83(8) of this Act."
 

Clause 76

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE LORD RIX

172*Page 36, line 9, leave out from "if" to the end of line 10 and insert "at the material time, he is able to understand the nature of the sexual activity and its reasonably foreseeable consequences, and has the freedom and capacity to consent."
 

THE BARONESS WALMSLEY
THE LORD THOMAS OF GRESFORD

173Page 36, line 10, at end insert—
"(   )  In this section "capacity" means sufficient understanding at the time of the relevant activity of its nature and possible consequences."
 

Clause 77

 

THE LORD LUCAS

174Page 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 THOMAS OF GRESFORD
THE BARONESS WALMSLEY

175*Leave out Clause 77 and insert the following new Clause—
  "Absence of belief in consent
  If in proceedings for an offence to which this section applies, it is proved—
(a)  that the defendant did the relevant act,
(b)  that the complainant did not consent to it,
  the defendant is to be taken not to have believed that the complainant consented if he has given no thought as to whether the complainant consented or not."
 

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

176Leave out Clause 77
 

Clause 78

 

THE LORD FALCONER OF THOROTON

177Page 37, line 6, leave out paragraphs (a) and (b) and insert "that, in all the circumstances (including any steps the defendant took to ascertain whether the complainant consented), the defendant could reasonably be expected to have doubted whether the complainant consented."
 

THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY

178*Leave out Clause 78 and insert the following new Clause—
  "Reasonable belief in consent
  In proceedings to which this section applies, the question whether a defendant's belief in consent was held reasonably shall be determined as a fact in a trial on indictment by the jury, and in summary trial, by the District Judge or magistrates, and in determining that question of fact, all the circumstances shall be taken into account, including the characteristics of the defendant and whether—
(a)  the defendant took any steps to ascertain whether the complainant consented;
(b)  violence was used, or threat of violence made, against the complainant or another person by the defendant or another person, whether before or at the time of the relevant act;
(c)  the complainant was, and the defendant was not, unlawfully detained at the time of the relevant act;
(d)  the complainant was asleep or otherwise unconscious at the time of the relevant act;
(e)  the complainant would not, by reason of physical disability, have been able at the time of the relevant act to communicate consent to the defendant;
(f)  the defendant intentionally deceived the complainant as to the nature or purpose of the relevant act;
(g)  the defendant intentionally induced the complainant to take part in the relevant act by impersonating a person known to the complainant; or
(h)  the defendant exercised authority over the complainant in the fields of education, employment, sport or service."
 

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

179Leave out Clause 78
 

Clause 79

 

THE LORD CAMPBELL OF ALLOWAY

180Leave out Clause 79
 

Clause 80

 

THE LORD LUCAS

181Page 38, line 5, after "sexual" insert "in intent"
182Page 38, line 6, after "sexual" insert "in intent"
 

Clause 91

 

THE LORD FALCONER OF THOROTON

183Page 46, line 11, leave out from "police" to end of line 13
184Page 46, line 16, leave out first "the" and insert "a relevant"
185Page 46, line 16, at end insert "—
(   )  who resides in his police area, or who the chief officer believes is in or is intending to come to his police area, and
(   )  who the chief officer believes is under 18."
186Page 46, line 17, leave out from "constable" to end of line 19
187Page 46, line 21, leave out "that area" and insert "the area of his police force"
188Page 46, line 21, leave out "the" and insert "a relevant"
189Page 46, line 22, at end insert "—
(   )  who resides in that area, or who the chief constable believes is in or is intending to come to that area, and
(   )  who the chief constable believes is under 16."
 

Clause 92

 

THE LORD FALCONER OF THOROTON

190Page 46, line 33, after "Scotland" insert "—
(   )  the chief constable of the police force within the area of which the young offender resides;
(   )"  
 

After Clause 126

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

191Insert 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 31st 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."

 
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©Parliamentary copyright 2003
30 May 2003