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

House of Lords

back to previous amendments

 

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

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165[Withdrawn]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"
 

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
 

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."
 

Clause 135

 

THE BARONESS BLATCH

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

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 3

 

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

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
197Page 79, line 23, leave out from "indecency" to end of line 24
198Page 79, line 27, leave out "or" and insert "and"
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
201Page 80, line 15, leave out second "or" and insert "and"
 

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)."

 
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©Parliamentary copyright 2003
2 June 2003