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

House of Lords

back to previous amendments

 

Clause 127

 

THE LORD FALCONER OF THOROTON

191APage 69, line 2, leave out "103(1)" and insert "104(A1)"
 

Clause 135

 

THE BARONESS BLATCH
THE LORD GLENTORAN
THE BARONESS NOAKES

192Page 71, line 35, leave out "and 81" and insert "81 and (Sexual activity in a public lavatory)"
 

THE LORD FALCONER OF THOROTON

192APage 72, line 2, leave out "103 to 123 and Schedule 4" and insert "117 to 123"
 

Schedule 1

 

THE LORD LUCAS

193Page 73, line 10, leave out from "prostitution)," to end of line 11 and insert "leave out "common prostitute" and insert "person""
 

Schedule 2

 

THE LORD FALCONER OF THOROTON

193APage 74, line 32, at end insert—
"(   )  an offence of indecent assault upon a female;"
193BPage 74, line 35, at end insert "or"
193CPage 74, line 37, leave out sub-paragraphs (iii) and (iv)
193DPage 75, line 24, after "children);" insert—
"(   )  an offence under—
(i)  Article 19 of the Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. 13)) (buggery),
(ii)  Article 20 of that Order (assault with intent to commit buggery), or
(iii)  Article 21 of that Order (indecent assault on a male);"
 

Schedule 3

 

THE BARONESS WALMSLEY
THE LORD THOMAS OF GRESFORD

193E*Page 76, line 7, leave out "18" and insert "16"
193F*Page 76, line 10, leave out "18" and insert "16"
193G*Page 76, line 22, leave out "18" and insert "16"
 

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

194Page 79, line 4, leave out from "rape" to end of line 9
195Page 79, line 10, leave out from "ravish" to end of line 15
196Page 79, line 16, leave out from "assault" to end of line 21
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE DUKE OF MONTROSE

197Page 79, line 23, leave out from "indecency" to end of line 24
198Page 79, line 27, leave out "or" and insert "and"
 

THE BARONESS WALMSLEY
THE LORD THOMAS OF GRESFORD

198A*Page 79, line 28, leave out "18" and insert "16"
 

THE LORD FALCONER OF THOROTON

198BPage 79, line 38, at end insert—
      "An offence under section 106 of the Mental Health (Scotland) Act 1984 (c. 36) (protection of mentally handicapped females).
      An offence under section 107 of that Act (protection of patients)."
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE DUKE OF MONTROSE

199Page 79, line 40, leave out from "(incest)" to end of line 41
200Page 79, line 42, leave out from "stepchild)" to end of line 43
 

THE BARONESS WALMSLEY
THE LORD THOMAS OF GRESFORD

200A*Page 80, line 14, leave out "18" and insert "16"
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE DUKE OF MONTROSE

201Page 80, line 15, leave out second "or" and insert "and"
 

THE LORD FALCONER OF THOROTON

201APage 80, line 22, at end insert—
 "52A      An offence under section 311(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) (non-consensual sexual acts).
 52B      An offence under section 313(1) of that Act (persons providing care services: sexual offences).
 52C      An offence in Scotland other than is mentioned in paragraphs 33 to 52B if the court, in imposing sentence or otherwise disposing of the case, determines for the purposes of this paragraph that there was a significant sexual aspect to the offender's behaviour in committing the offence."
201BPage 80, line 25, leave out "against" and insert "upon"
201CPage 80, line 25, at end insert "if—
(a)  where the offender was under 18, he is or has been sentenced, in respect of the offence, to imprisonment for a term of at least 12 months;
(b)  in any other case—
(i)  the victim was under 18, or
(ii)  the offender, in respect of the offence or finding, is or has been—
  (a)    sentenced to a term of imprisonment,
(b)    detained in a hospital, or
(c)    made the subject of a community sentence of at least 18 months."
 

THE LORD FALCONER OF THOROTON
THE BARONESS WALMSLEY
THE LORD THOMAS OF GRESFORD

201DPage 80, line 44, leave out "18" and insert "17"
 

THE LORD FALCONER OF THOROTON

201EPage 81, line 1, leave out "(" and insert "of"
201FPage 81, line 2, leave out from "buggery" to "if"
201GPage 81, line 3, leave out from "under" to end of line 7 and insert "17"
201HPage 81, line 7, at end insert—
      "An offence under section 62 of that Act of indecent assault upon a male person if—
(a)  where the offender was under 18, he is or has been sentenced, in respect of the offence, to imprisonment for a term of at least 12 months;
(b)  in any other case—
(i)  the victim was under 18, or
(ii)  the offender, in respect of the offence or finding, is or has been—
  (a)    sentenced to a term of imprisonment,
(b)    detained in a hospital, or
(c)    made the subject of a community sentence of at least 18 months."
 

THE BARONESS WALMSLEY
THE LORD THOMAS OF GRESFORD

201J*Page 81, line 19, leave out "18" and insert "17"
 

THE LORD FALCONER OF THOROTON

201KPage 82, line 5, at end insert—
      "An offence under Article 19 of the Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. 13)) (buggery) if—
(a)  the offender was 20 or over, and
(b)  the victim or (as the case may be) other party was under 17.
      An offence under Article 20 of that Order (assault with intent to commit buggery) if the victim was under 18.
      An offence under Article 21 of that Order (indecent assault upon a male) if—
(a)  where the offender was under 18, he is or has been sentenced, in respect of the offence, to imprisonment for a term of at least 12 months;
(b)  in any other case—
(i)  the victim was under 18, or
(ii)  the offender, in respect of the offence or finding, is or has been—
  (a)    sentenced to a term of imprisonment,
(b)    detained in a hospital, or
(c)    made the subject of a community sentence of at least 18 months."
201LPage 83, line 31, at end insert—
      "A determination under paragraph 52C constitutes part of a person's sentence, within the meaning of the Criminal Procedure (Scotland) Act 1995 (c. 46), for the purposes of any appeal or review."
 

Schedule 4

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE DUKE OF MONTROSE

202Page 86, line 27, at end insert—
      "Murder.
      Culpable homicide.
      Assault.
      Assault and robbery.
      Abduction.
      Plagium.
      Wrongful imprisonment.
      Threats of personal violence.
      Breach of the peace inferring personal violence.
      Wilful fireraising resulting in personal injury.
      Reckless fireraising resulting in personal injury.
      Mobbing and rioting.
      An offence under the Children and Young Persons (Scotland) Act 1937 (c. 37).
      An offence under section 16 of the Firearms Act 1968 (c. 27) (possession of firearm with intent to endanger life).
      An offence under section 16A of that Act (possession of firearm with intent to cause fear of violence).
      An offence under section 17(1) of that Act (use of firearm to resist arrest).
      An offence under section 17(2) of that Act (possession of firearm at time of committing or being arrested for offence specified in Schedule 1 to that Act).
      An offence under section 18 of that Act (carrying a firearm with criminal intent).
      An offence under section 1 of the Taking of Hostages Act 1982 (c. 28) (hostage-taking).
      An offence under section 1 of the Aviation Security Act 1982 (c. 36) (hijacking).
      An offence under section 2 of that Act (destroying, damaging or endangering safety of aircraft).
      An offence under section 3 of that Act (other acts endangering or likely to endanger safety of aircraft).
      An offence under section 4 of that Act (offences in relation to certain dangerous articles).
      An offence under section 1 of the Prohibition of Female Circumcision Act 1985 (c. 38) (prohibition of female circumcision).
      An offence under section 134 of the Criminal Justice Act 1988 (c. 33) (torture).
      An offence under section 1 of the Road Traffic Act 1988 (c. 52) (causing death by dangerous driving).
      An offence under section 3A of that Act (causing death by careless driving when under influence of drink or drugs).
      An offence under section 1 of the Aviation and Maritime Security Act 1990 (c. 31) (endangering safety at aerodromes).
      An offence under section 9 of that Act (hijacking of ships).
      An offence under section 10 of that Act (seizing or exercising control of fixed platforms).
      An offence under section 11 of that Act (destroying fixed platforms or endangering their safety).
      An offence under section 12 of that Act (other acts endangering or likely to endanger safe navigation).
      An offence under section 13 of that Act (offences involving threats).
      An offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17) (genocide, crimes against humanity, war crimes and related offences), other than one involving murder.
      An offence under section 1 of the International Criminal Court (Scotland) Act 2001 (ASP 13) (genocide, crimes against humanity, war crimes and related offences as specified in Schedule 1 to that Act)."
 

Schedule 5

 

THE LORD FALCONER OF THOROTON

203Page 90, line 4, after "vagabonds)" insert "except so far as extending to Northern Ireland"
204Page 90, line 5, at end insert—
      "In section 4 of the Vagrancy Act 1824 as it extends to Northern Ireland, omit the words from "wilfully, openly, lewdly" to "any female; or"."
205Page 90, line 11, leave out from "1861" to end of line 14 and insert ", omit sections 61 and 62."
206Page 90, line 20, leave out paragraph 5 and insert—
      "The Vagrancy Act 1898 ceases to have effect."
207Page 90, line 22, leave out paragraph 6
208Page 91, line 13, leave out "In section 21 of"
209Page 91, line 14, after "1968" insert "is amended as follows.
(   )      In section 21 (causing or encouraging seduction or prostitution of girl under 17)"
210Page 91, line 17, at end insert—
"(   )      In Schedule 1 (offences against children and young persons to which special provisions of that Act apply), at the end insert—
          "Any offence against a child or young person under any of sections 17 to 22, 52 to 62, 69 and 70 of the Sexual Offences Act 2003 or any attempt to commit such an offence.""
211Page 92, line 8, leave out paragraph 20
212Page 93, line 13, leave out sub-paragraphs (4) to (6) and insert—
"(   )      Omit section 20.
(   )      In section 21 (procedural provisions with respect to orders)—
(a)  omit subsection (2);
(b)  in subsection (4)—
(i)  omit "or (2)"; and
(ii)  for "either of those subsections" substitute "that subsection";
(c)  in subsection (5), omit "or 20";
(d)  in subsection (6), omit "and sex offender orders" and "or 20(4)(a)";
(e)  in subsection (7)(b)(i), omit "or, as the case may be, chief constable";
(f)  omit subsections (7A) and (7B); and
(g)  in subsection (10), omit "or 20".
(   )      Omit section 21A.
(   )      In section 22 (offences in connection with breach of orders), omit subsections (6) and (7)."
213Page 94, line 27, leave out "sub-paragraph (e)" and insert "sub-paragraphs (c), (e) and (j)"
214Page 94, line 28, leave out sub-paragraph (b) and insert—
"(   )  after sub-paragraph (l) insert—
    "(m)  Section 72 of the Sexual Offences Act 2003.""
215Page 95, line 16, leave out "to 69 and 72"
216Page 95, line 26, at end insert—

 
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©Parliamentary copyright 2003
6 June 2003