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

House of Lords

back to previous amendments

 

Clause 13

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

55Page 6, line 16, at end insert "on conviction on indictment, to imprisonment for a term not exceeding 10 years where B is under 13 at the time of the offence, and in any other case"
 

Clause 14

 

THE BARONESS WALMSLEY
THE LORD THOMAS OF GRESFORD

56Leave out Clause 14
 

After Clause 14

 

THE BARONESS WALMSLEY
THE LORD THOMAS OF GRESFORD

57Insert the following new Clause—
  "Sentence review
  Where a young person under the age of 18 has been convicted of an offence under this Part, the Court or Youth Offending Panel shall review the sentence when the young person reaches the age of 18."
 

Clause 15

 

THE BARONESS BLATCH

58Page 6, line 36, at end insert—
"(   )  he 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,
(   )  he 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
(   )  he is not and has never been subject to any order made under a provision within section 83(8) of this Act, and"
 

THE BARONESS WALMSLEY
THE LORD THOMAS OF GRESFORD

59Page 6, line 43, leave out "for the purpose" and insert "to promote the child's welfare, with particular regard for the need—"
 

THE BARONESS NOAKES

60Page 7, line 2, after "physical" insert "or emotional"
 

THE BARONESS WALMSLEY
THE LORD THOMAS OF GRESFORD

61Page 7, line 2, after "safety" insert "and emotional well-being"
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

62Page 7, line 3, at end insert—
"(   )  providing bona fide advice and information about the emotional and physical aspects of sexual relations,"
 

Clause 17

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

63Page 7, line 30, leave out paragraphs (c) and (d) and insert ", and
(c)  subsection (1B) applies."
64Page 7, line 31, at end insert—
"(1B)  For the purpose of subsection (1), either—
(a)  B is under 16 and A does not reasonably believe that B is 16 or over; or
(b)  by reason of a mental disorder B lacks the capacity to consent and A knows or could reasonably be expected to know that B lacks the capacity to consent."
 

THE LORD FALCONER OF THOROTON

65Page 7, line 38, leave out "75" and insert "81"
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

66Page 8, line 5, leave out paragraph (a)
 

Clause 18

 

THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY

67Page 8, line 16, leave out from "the" to end of line 20 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."
68Page 8, line 23, leave out from "(5)" to end of line 27 and insert "it is a defence for the defendant to show that he did not know and had no reasonable cause to believe that those circumstances existed."
 

Clause 19

 

THE LORD FALCONER OF THOROTON

69Page 8, line 35, after "causes" insert "or incites"
 

THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY

70Page 8, line 39, leave out from "the" to end of line 43 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."
71Page 9, line 3, leave out from "(5)" to end of line 7 and insert "it is a defence for the defendant to show that he did not know and had no reasonable cause to believe that those circumstances existed."
 

Clause 20

 

THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY

72Page 9, line 19, leave from "the" to end of line 23 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."
73Page 9, line 26, leave out from "(5)" to end of line 30 and insert "it is a defence for the defendant to show that he did not know, and had no reasonable cause to believe, that those circumstances existed."
 

THE LORD FALCONER OF THOROTON

74Leave out Clause 20
 

Clause 21

 

THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY

75Page 10, line 1, leave 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."
76Page 10, line 8, leave out from "(5)" to end of line 12 and insert "it is a defence for the defendant to show that he did not know, and had no reasonable cause to believe, that those circumstances existed."
 

Clause 22

 

THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY

77Page 10, line 27, leave from "the" to end of line 31 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."
78Page 10, line 34, leave out from "(5)" to end of line 38 and insert "it is a defence for the defendant to show that he did not know, and had no reasonable cause to believe, that those circumstances existed."
 

Clause 24

 

THE BARONESS BLATCH

79Page 11, line 32, leave out "full-time"
80Page 11, line 34, leave out "full-time"
 

After Clause 24

 

THE BARONESS BLATCH

81Insert the following new Clause—
  "Positions of trust: youth and community workers
  Within six months of the coming into force of section 24, the Secretary of State shall, by order under section 24(1)(b), specify conditions relating to youth and community workers who work with persons under 18."
82Insert the following new Clause—
  "Positions of trust: voluntary youth groups
  Within six months of the coming into force of section 24, the Secretary of State shall, by order under section 24(1)(b), specify conditions relating to voluntary youth group workers who work with persons under 18."
83Insert the following new Clause—
  "Positions of trust: officers representing children's interests
  Within six months of the coming into force of section 24, the Secretary of State shall, by order under section 24(1)(b), specify conditions relating to persons appointed as officers under section 41 of the Children Act 1989 (c. 41) (representation of child and of his interests in certain proceedings) to represent persons under 18."
84Insert the following new Clause—
  "Positions of trust: supervisors
  Within six months of the coming into force of section 24, the Secretary of State shall, by order under section 24(1)(b), specify conditions relating to persons appointed as supervisors by an order under section 35 of the Children Act 1989 (c. 41) (supervision orders) or under Part III of Schedule 3 to that Act (imposition of obligations on responsible person) and who, in that capacity, look after persons under 18."
85Insert the following new Clause—
  "Positions of trust: registered childminders
  Within six months of the coming into force of section 24, the Secretary of State shall, by order under section 24(1)(b), specify conditions relating to persons who are registered childminders under Part XA of the Children Act 1989 (c. 41) (child minding and day care for children in England and Wales) and who, in that capacity, look after persons under 18."
86Insert the following new Clause—
  "Positions of trust: sports coaches
  Within six months of the coming into force of section 24, the Secretary of State shall, by order under section 24(1)(b), specify conditions relating to sports coaches registered under the sports governing bodies coaching scheme and who, in that capacity, look after persons under 18."
87Insert the following new Clause—
  "Positions of trust: ancillary and caretaking staff
  Within six months of the coming into force of section 24, the Secretary of State shall, by order under section 24(1)(b), specify conditions relating to ancillary and caretaking staff who work at any institution, home or other place within the meaning of section 24(2) to (5)."
 

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

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"

 
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2 June 2003