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Amendments to the Sexual Offences Bill [HL]

Sexual Offences Bill [HL]


SECOND
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT


      The amendments have been marshalled in accordance with the Instruction of 19th March 2003, as follows—

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 25

 

THE BARONESS BLATCH

88Page 12, line 8, leave out "regularly"
89Page 12, line 12, leave out "regularly"
90Page 12, line 13, leave out "regularly"
91Page 12, line 15, leave out "full-time"
92Page 12, line 16, leave out "full-time"
 

Clause 27

 

THE BARONESS BLATCH

93Leave out Clause 27
 

Clause 28

 

THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY

94Page 14, line 1, leave out from "the" to end of line 5 and insert "other person is over 13, it is a defence for the defendant to show that he did not know, and had no reasonable cause to believe, that that other person was under 18."
95Page 14, line 6, leave out from "section" to end of line 13 and insert "it is proved that the relation of the defendant to the other person was of a description falling within section 30, it is a defence for the defendant to show that he did not know, and had could not reasonably be expected to know, that his relation to the other person was of that description."
 

Clause 29

 

THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY

96Page 14, line 30, leave out from "the" to end of line 34 and insert "other person is over 13, it is a defence for the defendant to show that he did not know and had no reasonable cause to believe that that other person was under 18."
97Page 14, line 35, leave out from "section" to end of line 42 and insert "it is proved that the relation of the defendant to the other person was of a description falling within section 30, it is a defence for the defendant to show that he did not know, and had could not reasonably be expected to know, that his relation to the other person was of that description."
 

THE LORD FALCONER OF THOROTON

98Page 14, line 43, leave out subsection (4)
99Page 15, line 7, leave out "Unless subsection (4) applies,"
100Page 15, line 10, leave out "(4) or"
 

Clause 30

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

101Page 15, line 23, after "half-sister" insert "step-sibling or foster-sibling"
102Page 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."
103Page 15, line 25, leave out subsection (3)
 

THE LORD FALCONER OF THOROTON

103A*Page 15, line 29, after "cousins," insert—
"(   )  one of them is or has been the other's stepbrother or stepsister,"
103B*Page 15, line 30, after first "parent" insert "or present or former foster parent"
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

104Page 15, line 32, after "live" insert "or have lived in"
105Page 15, line 33, after "is" insert "or has been"
 

THE LORD FALCONER OF THOROTON

105A*Page 16, line 3, at end insert—
"(   )  "stepbrother" and "stepsister" include the child of a parent's partner"
 

After Clause 31

 

THE LORD FALCONER OF THOROTON

105B*Insert the following new Clause—
  "Sections 28 and 29: sexual relationships which pre-date family relationships
(1)  Conduct by a person (A) which would otherwise be an offence under section 28 or 29 against another person (B) is not an offence under that section if—
(a)  the relation of A to B is not within subsection (2) of section 30,
(b)  it would not be within that subsection if section 67 of the Adoption and Children Act 2002 (c. 38) did not apply, and
(c)  immediately before the relation of A to B first became such as to fall within section 30, a sexual relationship existed between A and B.
(2)  Subsection (1) does not apply if at the time referred to in subsection (1)(c) sexual intercourse between A and B would have been unlawful.
(3)  In proceedings for an offence under section 28 or 29 it is for the defendant to prove the matters mentioned in subsection (1)(a) to (c)."
 

Clause 32

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE LORD RIX

106Page 16, line 15, leave out "refuse" and insert "consent"
107Page 16, line 20, leave out from "unable" to end of line 25 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 33

 

THE LORD FALCONER OF THOROTON

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

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE LORD RIX

109Page 16, line 41, leave out "refuse" and insert "consent"
110Page 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

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

Clause 34

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE LORD RIX

113Page 17, line 25, leave out "refuse" and insert "consent"
114Page 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[Withdrawn]
 

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

117Leave out Clause 34
 

Clause 35

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE LORD RIX

118Page 18, line 1, leave out "refuse" and insert "consent"
119Page 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

120Page 18, line 21, leave out "refuse" and insert "consent"
121Page 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

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

Clause 39

 

THE LORD FALCONER OF THOROTON

125Leave out Clause 39
 

Clause 42

 

THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY

126Page 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

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

THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY

128Page 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

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

Clause 44

 

THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY

130Page 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

131Leave out Clause 44
 

Clause 45

 

THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY

132Page 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

133Page 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."

 
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6 June 2003