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Sexual Offences Bill [HL]


Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    21

 

           (d)           B has a mental disorder or learning disability, and

           (e)           A is involved in B’s care in a way that falls within section 44.

     (2)    Where in proceedings for an offence under this section the defendant proves

that he did not know that the other person had a mental disorder or learning

disability, he is not guilty of the offence unless it is proved that he could

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reasonably have been expected to know that the other person had a mental

disorder or learning disability.

     (3)    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;

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           (b)           on conviction on indictment, to imprisonment for a term not exceeding

7 years.

 43    Care workers: causing a person with a mental disorder or learning disability

to watch a sexual act

     (1)    A person (A) commits an offence if—

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           (a)           for the purpose of obtaining sexual gratification, he intentionally causes

another person (B) to watch a third person engaging in an activity, or to

look at a photograph or pseudo-photograph of any person engaging in

an activity,

           (b)           the activity is sexual,

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           (c)           B has a mental disorder or learning disability, and

           (d)           A is involved in B’s care in a way that falls within section 44.

     (2)    Where in proceedings for an offence under this section the defendant proves

that he did not know that the other person had a mental disorder or learning

disability, he is not guilty of the offence unless it is proved that he could

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reasonably have been expected to know that the other person had a mental

disorder or learning disability.

     (3)    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;

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           (b)           on conviction on indictment, to imprisonment for a term not exceeding

7 years.

 44    Care workers: interpretation

     (1)    For the purposes of sections 40 to 43, a person (A) is involved in the care of

another person (B) in a way that falls within this section if any of subsections

35

(2) to (4) applies.

     (2)    This subsection applies if—

           (a)           B is accommodated and cared for in a care home, community home,

voluntary home or children’s home, and

           (b)           A has functions to perform in the home in the course of employment

40

which have brought him or are likely to bring him into regular face to

face contact with B.

     (3)    This subsection applies if B is a patient for whom services are provided—

           (a)           by a National Health Service body or an independent medical agency,

or

45

 

 

Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    22

 

           (b)           in an independent clinic or an independent hospital,

            and A has functions to perform for the body or agency or in the clinic or

hospital in the course of employment which have brought him or are likely to

bring him into regular face to face contact with B.

     (4)    This subsection applies if A—

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           (a)                         is, whether or not in the course of employment, a provider of care,

assistance or services to B in connection with B’s mental disorder or

learning disability, and

           (b)           as such, has had or is likely to have regular face to face contact with B.

     (5)    In this section—

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                    “care home” means an establishment which is a care home for the

purposes of the Care Standards Act 2000 (c. 14);

                    “children’s home” has the meaning given by section 1 of that Act;

                    “community home” has the meaning given by section 53 of the Children

Act 1989 (c. 41);

15

                    “employment” means any employment, whether paid or unpaid and

whether under a contract of service or apprenticeship, under a contract

for services, or otherwise than under a contract;

                    “independent clinic”, “independent hospital” and “independent medical

agency” have the meaning given by section 2 of the Care Standards Act

20

2000;

                    “National Health Service body” means—

                  (a)                 a Health Authority,

                  (b)                 a National Health Service trust,

                  (c)                 a Primary Care Trust, or

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                  (d)                 a Special Health Authority;

                    “voluntary home” has the meaning given by section 60(3) of the Children

Act 1989.

 45    Sections 40 to 43: marriage exception

     (1)    Conduct by a person (A) which would otherwise be an offence under any of

30

sections 40 to 43 against another person (B) is not an offence under that section

if they are lawfully married at the time.

     (2)    In proceedings for such an offence it is for A to prove that he and B were

lawfully married at the time.

 46    Sections 40 to 43: sexual relationships which pre-date care relationships

35

     (1)    Conduct by a person (A) which would otherwise be an offence under any of

sections 40 to 43 against another person (B) is not an offence under that section

if, immediately before A became involved in B’s care in a way that falls within

section 44, a sexual relationship existed between A and B.

     (2)    Subsection (1) does not apply if at that time sexual intercourse between A and

40

B would have been unlawful.

     (3)    In proceedings for an offence under any of sections 40 to 43 it is for the

defendant to prove that such a relationship existed at that time.

 

 

Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    23

 

Indecent photographs of children

 47    Indecent photographs of persons aged 16 or 17

     (1)    The Protection of Children Act 1978 (c. 37) (which makes provision about

indecent photographs of persons under 16) is amended as follows.

     (2)    In section 2(3) (evidence) and section 7(6) (meaning of “child”), for “16”

5

substitute “18”.

     (3)    After section 1 insert—

       “1A                          Exceptions where a child aged 16 or over consents

           (1)           It is not an offence under section 1(1)(a) for a person to take or make an

indecent photograph of a child aged 16 or over with the consent of the

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child.

           (2)           It is not an offence under section 1(1)(a) for one person to permit

another to take, with the consent of a child aged 16 or over, an indecent

photograph of that child.

           (3)           Where a person takes or makes an indecent photograph of a child aged

15

16 or over with the consent of the child, it is not an offence—

                  (a)                 under section 1(1)(b), for him to distribute or show the

photograph to the child, or

                  (b)                 under section 1(1)(c), for him to have the photograph in his

possession with the child’s consent with a view to its being

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distributed or shown by him only to the child.”

     (4)    In section 160 of the Criminal Justice Act 1988 (c. 33) (possession of indecent

photograph of child), after subsection (1) insert—

           “(1A)              Where a person takes or makes an indecent photograph of a child aged

16 or over with the consent of the child, it is not an offence under

25

subsection (1) above for him to have the photograph in his possession

with the child’s consent.”

 48    Criminal investigations or proceedings

     (1)    After section 1A of the Protection of Children Act 1978 insert—

       “1B   Exception for criminal investigations or proceedings

30

           (1)           It is not an offence under section 1(1)(a) for a person to make an

indecent photograph or pseudo-photograph of a child in accordance

with an authorisation under this section.

           (2)           An authorisation may be given only if it appears to the person or

persons giving it to be necessary for the purposes of the prevention,

35

detection or investigation of crime, or for the purposes of criminal

proceedings, in any part of the world, or for any particular purpose

falling within those purposes.

           (3)           An authorisation—

                  (a)                 must be in writing,

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                  (b)                 must specify the person to whom it is given and the purpose or

purposes for which it is given, and

 

 

Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    24

 

                  (c)                 may specify conditions to which it is subject.

           (4)           An authorisation may be given by—

                  (a)                 a chief officer of police,

                  (b)                 the Director General of the National Crime Squad,

                  (c)                 the Director General of the National Criminal Intelligence

5

Service,

                  (d)                 the Commissioners of Customs and Excise, or

                  (e)                 the Director of Public Prosecutions.”

     (2)           After Article 3 of the Protection of Children (Northern Ireland) Order 1978 (S.I.

1978/1047 (N.I. 17)) insert—

10

            “Exception for criminal investigations or proceedings

        3A.               (1)                It is not an offence under Article 3(1)(a) for a person to make an

indecent photograph or pseudo-photograph of a child in accordance

with an authorisation under this section.

                       (2)                                                                An authorisation may be given only if it appears to the person or

15

persons giving it to be necessary for the purposes of the prevention,

detection or investigation of crime, or for the purposes of criminal

proceedings, in any part of the world, or for any particular purpose

falling within those purposes.

                       (3)                                An authorisation—

20

                    (a)                   must be in writing,

                    (b)                   must specify the person to whom it is given and the purpose

or purposes for which it is given, and

                    (c)                   may specify conditions to which it is subject.

                       (4)                                An authorisation may be given by—

25

                    (a)                   the Chief Constable of the Police Service of Northern Ireland,

                    (b)                   the Director General of the National Crime Squad,

                    (c)                   the Director General of the National Crime Intelligence

Service,

                    (d)                   the Commissioners of Customs and Excise, or

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                    (e)                   the Director of Public Prosecutions.”

Abuse of children through prostitution and pornography

 49    Paying for sexual services of a child

     (1)    A person (A) commits an offence if—

           (a)           he intentionally obtains for himself the sexual services of another

35

person (B),

           (b)           before obtaining those services, he has made or promised payment for

those services to B or a third person, or knows that another person has

made or promised such a payment, and

           (c)           either—

40

                  (i)                 B is under 18, and A does not reasonably believe that B is 18 or

over, or

                  (ii)                B is under 13.

 

 

Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    25

 

     (2)    In this section, “payment” means 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.

     (3)    A person guilty of an offence under this section against a person under 13,

where the offence involved—

5

           (a)           penetration of B’s anus or vagina with a part of A’s body or anything

else,

           (b)           penetration of B’s mouth with A’s penis,

           (c)           penetration of A’s anus or vagina with a part of B’s body or by B with

anything else, or

10

           (d)           penetration of A’s mouth with B’s penis,

            is liable, on conviction on indictment, to imprisonment for life.

     (4)    Unless subsection (3) applies, a person guilty of an offence under this section

against a person under 16 is liable, on conviction on indictment, to

imprisonment for a term not exceeding 14 years.

15

     (5)    Unless subsection (3) or (4) applies, 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

20

7 years.

     (6)    In the application of this section to Northern Ireland, subsection (4) has effect

with the substitution of “17” for “16”.

 50    Causing or inciting child prostitution or pornography

     (1)    A person (A) commits an offence if—

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           (a)           he intentionally causes or incites another person (B) to become a

prostitute, or to be involved in pornography, in any part of the world,

and

           (b)           either—

                  (i)                 B is under 18, and A does not reasonably believe that B is 18 or

30

over, or

                  (ii)                B is under 13.

     (2)    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;

35

           (b)           on conviction on indictment, to imprisonment for a term not exceeding

14 years.

 51    Controlling a child prostitute or a child involved in pornography

     (1)    A person (A) commits an offence if—

           (a)           he intentionally controls any of the activities of another person (B)

40

relating to B’s prostitution or involvement in pornography in any part

of the world, and

           (b)           either—

                  (i)                 B is under 18, and A does not reasonably believe that B is 18 or

over, or

45

 

 

Sexual Offences Bill [HL]
Part 1 — Sexual Offences

    26

 

                  (ii)                B is under 13.

     (2)    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

5

14 years.

 52    Arranging or facilitating child prostitution or pornography

     (1)    A person (A) commits an offence if—

           (a)           he intentionally arranges or facilitates the prostitution or involvement

in pornography in any part of the world of another person (B), and

10

           (b)           either—

                  (i)                 B is under 18, and A does not reasonably believe that B is 18 or

over, or

                  (ii)                B is under 13.

     (2)    A person guilty of an offence under this section is liable—

15

           (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

14 years.

 53    Sections 50 to 52: interpretation

20

     (1)    For the purposes of sections 50 to 52, a person is involved in pornography if an

indecent moving or still image of that person is recorded; and similar

expressions, and “pornography”, are to be interpreted accordingly.

     (2)    In those sections “prostitute” means a person (A) who, on at least one occasion

and whether or not compelled to do so, offers or provides sexual services to

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another person in return for payment or a promise of payment to A or a third

person; and “prostitution” is to be interpreted accordingly.

     (3)    In subsection (2), “payment” means 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.

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Exploitation of prostitution

 54    Causing or inciting prostitution for gain

     (1)    A person commits an offence if—

           (a)           he intentionally causes or incites another person to become a prostitute

in any part of the world, and

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           (b)           he does so for or in the expectation of gain for himself or a third person.

     (2)    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

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7 years.

 

 

 
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