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Amendments to the Sexual Offences Bill [HL]

Sexual Offences Bill [HL]


AMENDMENTS
TO BE MOVED
ON THIRD READING


 

Clause 1

 

THE LORD FILKIN

Page 1, leave out lines 9 to 17 and insert—
"(   )  A does not reasonably believe that B consents.
(   )  Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents."
 

Clause 3

 

THE LORD FILKIN

Page 2, leave out lines 13 to 21 and insert—
"(   )  A does not reasonably believe that B consents.
(   )  Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents."
 

Clause 4

 

THE LORD FILKIN

Page 2, leave out lines 30 to 38 and insert—
"(   )  A does not reasonably believe that B consents.
(   )  Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents."
 

Clause 5

 

THE LORD FILKIN

Page 3, leave out lines 11 to 19 and insert—
"(   )  A does not reasonably believe that B consents.
(   )  Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents."
 

Clause 15

 

THE BARONESS BLATCH

Page 6, line 24, at end insert—
"(   )  he is not subject to the notification requirements of Part 2 of this Act or to any order made under that Part, and"
 

THE LORD FILKIN

Page 6, line 33, leave out "or"
Page 6, line 34, at end insert "or
(d)  promoting the child's emotional well-being by the giving of advice,"
 

Clause 18

 

THE LORD FILKIN

Page 8, line 6, leave out from "B," to end of line 19 and insert—
"(ca)  where subsection (1A) applies, A knows or could reasonably be expected to know of the circumstances by virtue of which he is in a position of trust in relation to B, and
(cb)  either—
(i)  B is under 18 and A does not reasonably believe that B is 18 or over, or
(ii)  B is under 13.
(1A)  This subsection applies where A—
(a)  is in a position of trust in relation to B by virtue of circumstances within section 23(2), (3), (4) or (5), and
(b)  is not in such a position of trust by virtue of other circumstances.
(1B)  Where in proceedings for an offence under this section it is proved that the other person was under 18, the defendant is to be taken not to have reasonably believed that that person was 18 or over unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it.
(1C)  Where in proceedings for an offence under this section—
(a)  it is proved that the defendant was in a position of trust in relation to the other person by virtue of circumstances within section 23(2), (3), (4) or (5), and
(b)  it is not proved that he was in such a position of trust by virtue of other circumstances,
  it is to be taken that the defendant knew or could reasonably have been expected to know of the circumstances by virtue of which he was in such a position of trust unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know of those circumstances."
 

Clause 19

 

THE LORD FILKIN

Page 8, line 31, leave out from "B," to end of line 44 and insert—
"(ca)  where subsection (1A) applies, A knows or could reasonably be expected to know of the circumstances by virtue of which he is in a position of trust in relation to B, and
(cb)  either—
(i)  B is under 18 and A does not reasonably believe that B is 18 or over, or
(ii)  B is under 13.
(1A)  This subsection applies where A—
(a)  is in a position of trust in relation to B by virtue of circumstances within section 23(2), (3), (4) or (5), and
(b)  is not in such a position of trust by virtue of other circumstances.
(1B)  Where in proceedings for an offence under this section it is proved that the other person was under 18, the defendant is to be taken not to have reasonably believed that that person was 18 or over unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it.
(1C)  Where in proceedings for an offence under this section—
(a)  it is proved that the defendant was in a position of trust in relation to the other person by virtue of circumstances within section 23(2), (3), (4) or (5), and
(b)  it is not proved that he was in such a position of trust by virtue of other circumstances,
  it is to be taken that the defendant knew or could reasonably have been expected to know of the circumstances by virtue of which he was in such a position of trust unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know of those circumstances."
 

Clause 20

 

THE LORD FILKIN

Page 9, line 13, leave out from "B," to end of line 26 and insert—
"(da)  where subsection (1A) applies, A knows or could reasonably be expected to know of the circumstances by virtue of which he is in a position of trust in relation to B, and
(db)  either—
(i)  B is under 18 and A does not reasonably believe that B is 18 or over, or
(ii)  B is under 13.
(1A)  This subsection applies where A—
(a)  is in a position of trust in relation to B by virtue of circumstances within section 23(2), (3), (4) or (5), and
(b)  is not in such a position of trust by virtue of other circumstances.
(1B)  Where in proceedings for an offence under this section it is proved that the other person was under 18, the defendant is to be taken not to have reasonably believed that that person was 18 or over unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it.
(1C)  Where in proceedings for an offence under this section—
(a)  it is proved that the defendant was in a position of trust in relation to the other person by virtue of circumstances within section 23(2), (3), (4) or (5), and
(b)  it is not proved that he was in such a position of trust by virtue of other circumstances,
  it is to be taken that the defendant knew or could reasonably have been expected to know of the circumstances by virtue of which he was in such a position of trust unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know of those circumstances."
 

Clause 21

 

THE LORD FILKIN

Page 9, line 39, leave out from "B," to end of line 7 on page 10 and insert—
"(ca)  where subsection (1A) applies, A knows or could reasonably be expected to know of the circumstances by virtue of which he is in a position of trust in relation to B, and
(cb)  either—
(i)  B is under 18 and A does not reasonably believe that B is 18 or over, or
(ii)  B is under 13.
(1A)  This subsection applies where A—
(a)  is in a position of trust in relation to B by virtue of circumstances within section 23(2), (3), (4) or (5), and
(b)  is not in such a position of trust by virtue of other circumstances.
(1B)  Where in proceedings for an offence under this section it is proved that the other person was under 18, the defendant is to be taken not to have reasonably believed that that person was 18 or over unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it.
(1C)  Where in proceedings for an offence under this section—
(a)  it is proved that the defendant was in a position of trust in relation to the other person by virtue of circumstances within section 23(2), (3), (4) or (5), and
(b)  it is not proved that he was in such a position of trust by virtue of other circumstances,
  it is to be taken that the defendant knew or could reasonably have been expected to know of the circumstances by virtue of which he was in such a position of trust unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know of those circumstances."
 

After Clause 23

 

THE BARONESS BLATCH

Insert 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."
Insert 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 23 (2) to (5)."
Insert 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, in that capacity, look after persons under 18."
Insert 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."
Insert 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."
 

Clause 24

 

THE BARONESS BLATCH

Page 11, line 21, leave out "regularly"
Page 11, line 25, leave out "regularly"
Page 11, line 26, leave out "regularly"
 

Clause 26

 

THE BARONESS BLATCH

Leave out Clause 26
 

Clause 27

 

THE LORD FILKIN

Page 13, line 8, leave out from "29," to end of line 22 and insert—
"(   )  A knows or could reasonably be expected to know that his relation to B is of a description falling within that section, and
(   )  either—
(i)  B is under 18 and A does not reasonably believe that B is 18 or over, or
(ii)  B is under 13.
(1A)  Where in proceedings for an offence under this section it is proved that the other person was under 18, the defendant is to be taken not to have reasonably believed that that person was 18 or over unless sufficient evidence is adduced to raise an issue as to whether he reasonably believed it.
(1B)  Where in proceedings for an offence under this section it is proved that the relation of the defendant to the other person was of a description falling within section 29, it is to be taken that the defendant knew or could reasonably have been expected to know that his relation to the other person was of that description unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know that it was."

 
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©Parliamentary copyright 2003
16 June 2003