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Amendments to the Sexual Offences Bill [HL]

Sexual Offences Bill [HL]


AMENDMENTS
TO BE MOVED
ON THIRD READING


 

Clause 10

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

Page 5, line 8, after "indictment" insert—
(a)  where subsection (3) applies, to imprisonment for life, and
(b)  in any other case,"
Page 5, line 8, at end insert—
"(3)  This subsection applies if the offence was against a person under 13 at the time of the offence and the activity caused involved—
(a)  penetration of B's anus or vagina,
(b)  penetration of B's mouth with a person's penis,
(c)  penetration of a person's anus or vagina with a part of B's body or by B with anything else,
(d)  penetration of a person's mouth with B's penis."
 

Clause 11

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

Page 5, line 19, after "indictment" insert—
"(a)  where subsection (3) applies, to imprisonment for life, and
(b)  in any other case,"
Page 5, line 19, at end insert—
"(3)  This subsection applies if the offence was against a person under 13 at the time of the offence and the activity caused involved—
(a)  penetration of B's anus or vagina,
(b)  penetration of B's mouth with a person's penis,
(c)  penetration of a person's anus or vagina with a part of B's body or by B with anything else,
(d)  penetration of a person's mouth with B's penis."
 

Clause 12

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

Page 5, line 31, 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 13

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

Page 6, line 4, 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
THE BARONESS NOAKES

Page 6, line 10, at beginning insert "Subject to subsection (3),"
Page 6, line 16, at end insert—
"(3)  A person under 18 (A) does not commit an offence if he does anything which would otherwise be an offence under any of sections 9 to 13, and—
(a)  the other person (B) is not under 13; and
(b)  A reasonably believes that B is consenting to the activity."
 

Clause 15

 

THE BARONESS WALMSLEY
THE LORD THOMAS OF GRESFORD
THE BARONESS NOAKES

Page 6, line 31, at end insert "(including but not limited to)"
Page 6, line 34, at end insert—
"(d)  protecting the child from emotional harm,"
Page 6, line 36, at end insert—
"(4)  This section does not prohibit the provision of sex education or counselling services for children on sexual behaviour and associated risks."
 

Clause 17

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE BARONESS WALMSLEY

Page 7, line 20, leave out paragraphs (c) and (d) and insert ", and
(c)  subsection (1B) applies."
Page 7, line 21, at end insert—
"(1B)  For the purposes of subsection (1), an offence is committed if 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 BARONESS NOAKES
THE LORD ASTOR OF HEVER

Page 7, line 39, at end insert "on conviction on indictment, to imprisonment for a term not exceeding 7 years where B is under 13 at the time of the offence, and in any other case,"
 

After Clause 135

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

Insert the following new Clause—
  "Review of operation of Act
(1)  The Secretary of State shall publish each year a review of the operation of the 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)  sentencing experience in respect of the offences contained in the Act in comparison with the maximum sentences prescribed by the Act.
(3)  The review may contain any other matters that the Secretary of State considers to be relevant to an understanding of the effectiveness of the operation of the Act.
(4)  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.
(5)  A copy of the review shall be laid before both Houses of Parliament."

 
 
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©Parliamentary copyright 2003
13 June 2003