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

House of Lords

back to previous amendments

 

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)."
 

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
THE BARONESS BLATCH
THE LORD GLENTORAN

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."
165[Withdrawn]
 

Clause 72

 

THE LORD LUCAS

166Page 34, line 19, leave out "a living" and insert "an"
166APage 34, line 23, leave out "penis" and insert "whole or any part"
 

Clause 73

 

THE LORD LUCAS

167Leave out Clause 73
 

Clause 75

 

THE BARONESS BLATCH

168Page 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

171Page 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,
(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

172Page 36, line 9, leave out from "if" to 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

175Leave 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

178Leave 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

 
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6 June 2003