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

House of Lords

back to previous amendments

 

Clause 28

 

THE LORD FILKIN

Page 13, line 37, leave out from "29," to end of line 8 on page 14 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."
 

Clause 31

 

THE BARONESS BLATCH

Leave out Clause 31
 

Clause 40

 

THE LORD FILKIN

Page 19, line 34, after "disability," insert—
"(   )  A knows or could reasonably be expected to know that B has a mental disorder or learning disability,"
Page 19, line 36, leave out subsection (2) and insert—
"(   )  Where in proceedings for an offence under this section it is proved that the other person had a mental disorder or learning disability, it is to be taken that the defendant knew or could reasonably have been expected to know that that person had a mental disorder or learning disability unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know it."
 

Clause 41

 

THE LORD FILKIN

Page 20, line 16, after "disability," insert—
"(   )  A knows or could reasonably be expected to know that B has a mental disorder or learning disability,"
Page 20, line 18, leave out subsection (2) and insert—
"(   )  Where in proceedings for an offence under this section it is proved that the other person had a mental disorder or learning disability, it is to be taken that the defendant knew or could reasonably have been expected to know that that person had a mental disorder or learning disability unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know it."
 

Clause 42

 

THE LORD FILKIN

Page 21, line 1, after "disability," insert—
"(   )  A knows or could reasonably be expected to know that B has a mental disorder or learning disability,"
Page 21, line 3, leave out subsection (2) and insert—
"(   )  Where in proceedings for an offence under this section it is proved that the other person had a mental disorder or learning disability, it is to be taken that the defendant knew or could reasonably have been expected to know that that person had a mental disorder or learning disability unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know it."
 

Clause 43

 

THE LORD FILKIN

Page 21, line 21, after "disability," insert—
"(   )  A knows or could reasonably be expected to know that B has a mental disorder or learning disability,"
Page 21, line 23, leave out subsection (2) and insert—
"(   )  Where in proceedings for an offence under this section it is proved that the other person had a mental disorder or learning disability, it is to be taken that the defendant knew or could reasonably have been expected to know that that person had a mental disorder or learning disability unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know it."
 

Clause 44

 

THE BARONESS BLATCH

Page 21, line 41, leave out "regular"
Page 22, line 4, leave out "regular"
Page 22, line 9, leave out "regular"
 

Clause 46

 

THE BARONESS BLATCH

Leave out Clause 46
 

Clause 48

 

THE LORD FILKIN

Page 23, line 34, leave out from "given" to "necessary" in line 35 and insert "by a person within subsection (2A) if it appears to that person"
Page 23, line 39, leave out from beginning to end of line 2 on page 24 and insert—
"(2A)  Those persons are—"
Page 24, line 7, leave out "or" and insert "and"
Page 24, line 8, at end insert—
"(   )  An authorisation may be given by the Director-General of the Security Service if it appears to him necessary for the exercise of any of the functions of the Service.
(   )  An authorisation may be given by the Director of GCHQ if it appears to him necessary for the exercise of any of the functions of GCHQ (and in this subsection "GCHQ" has the same meaning as in the Intelligence Services Act 1994 (c. 13)).
(   )  An authorisation—
(a)  must be in writing,
(b)  must specify the person to whom it is given and the purpose for which it is given, and
(c)  may specify conditions to which it is subject."
Page 24, line 15, leave out from "given" to "necessary" in line 16 and insert "by a person within paragraph (2A) if it appears to that person"
Page 24, leave out lines 20 to 25 and insert—
"(2A)  Those persons are—"
Page 24, line 30, leave out "or" and insert "and"
Page 24, line 31, at end insert—
"(   )  An authorisation may be given by the Director-General of the Security Service if it appears to him necessary for the exercise of any of the functions of the Service.
(   )  An authorisation may be given by the Director of GCHQ if it appears to him necessary for the exercise of any of the functions of GCHQ (and in this paragraph "GCHQ" has the same meaning as in the Intelligence Services Act 1994 (c. 13)).
(   )  An authorisation—
(a)  must be in writing,
(b)  must specify the person to whom it is given and the purpose for which it is given, and
(c)  may specify conditions to which it is subject."
 

Clause 65

 

THE LORD FILKIN

Page 30, line 19, leave out from "sexual" to end of line 29 and insert—
"(ba)  the other person (B) is aged 18 or over,
(bb)  A is related to B in a way mentioned in subsection (1A), and
(bc)  A knows or could reasonably be expected to know that he is related to B in that way.
(1A)  The ways that A may be related to B are as parent, grandparent, child, grandchild, brother, sister, half-brother, or half-sister.
(1B)  Where in proceedings for an offence under this section it is proved that the defendant was related to the other person in any of those ways, it is to be taken that the defendant knew or could reasonably have been expected to know that he was related in that way unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know that he was."
 

Clause 66

 

THE LORD FILKIN

Page 30, line 40, leave out from "sexual" to end of line 9 on page 31 and insert—
"(ba)  the other person (B) is aged 18 or over,
(bb)  A is related to B in a way mentioned in subsection (1A), and
(bc)  A knows or could reasonably be expected to know that he is related to B in that way.
(1A)  The ways that A may be related to B are as parent, grandparent, child, grandchild, brother, sister, half-brother, or half-sister.
(1B)  Where in proceedings for an offence under this section it is proved that the defendant was related to the other person in any of those ways, it is to be taken that the defendant knew or could reasonably have been expected to know that he was related in that way unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know that he was."
 

Clause 74

 

THE BARONESS BLATCH

Page 34, line 23, after "if" insert "subsection (4) applies and"
 

THE LORD FILKIN

Page 34, line 25, leave out "or"
Page 34, line 26, at end insert "or
(d)  promoting the child's emotional well-being by the giving of advice,"
 

THE BARONESS BLATCH

Page 34, line 39, at end insert—
"(4)  This subsection applies if the person is not subject to the notification requirements of Part 2 of this Act or to any order made under that Part."
 

Clause 76

 

THE LORD FILKIN

Page 35, line 4, leave out paragraph (b)
Page 35, line 7, at beginning insert "the complainant is to be taken not to have consented to the relevant act unless sufficient evidence is adduced to raise an issue as to whether he consented, and"
Page 35, line 7, after "have" insert "reasonably"
Page 35, line 8, leave out "he proves that he did believe it" and insert "sufficient evidence is adduced to raise an issue as to whether he reasonably believed it."
 

Clause 77

 

THE LORD FILKIN

Page 35, line 29, leave out subsections (1) and (2)
Page 36, line 3, leave out "referred to in subsection (3)"
 

Schedule 3

 

THE LORD FILKIN
THE BARONESS NOAKES
THE BARONESS WALMSLEY

Page 77, line 15, leave out "16" and insert "18"
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

Page 80, line 14, leave out from "indecency" to end of line 15
Page 80, line 34, leave out from "(incest)" to end of line 35
Page 80, line 36, leave out from "stepchild)" to end of line 37
 

THE LORD FILKIN
THE BARONESS NOAKES
THE BARONESS WALMSLEY

Page 82, line 44, leave out "17" and insert "18"

 
back to previous page
 
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

©Parliamentary copyright 2003
16 June 2003