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Amendments to the Sexual Offences Bill [HL]

Sexual Offences Bill [HL]


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON THIRD READING


      The amendments have been marshalled in accordance with the Instruction of 19th March 2003, as follows—

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 1

 

THE BARONESS SCOTLAND OF ASTHAL

1Page 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."
 

THE LORD CAMPBELL OF ALLOWAY

2*Page 1, line 18, leave out "Sections 76 and 77 apply" and insert "Section 77 applies"
 

Clause 3

 

THE BARONESS SCOTLAND OF ASTHAL

3Page 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."
 

THE LORD CAMPBELL OF ALLOWAY

4*Page 2, line 22, leave out "Sections 76 and 77 apply" and insert "Section 77 applies"
 

Clause 4

 

THE BARONESS SCOTLAND OF ASTHAL

5Page 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."
 

THE LORD CAMPBELL OF ALLOWAY

6*Page 2, line 39, leave out "Sections 76 and 77 apply" and insert "Section 77 applies"
 

Clause 5

 

THE BARONESS SCOTLAND OF ASTHAL

7Page 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."
 

THE LORD CAMPBELL OF ALLOWAY

8*Page 3, line 20, leave out "Sections 76 and 77 apply" and insert "Section 77 applies"
 

Clause 10

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

9Page 5, line 8, after "indictment" insert—
(a)  where subsection (3) applies, to imprisonment for life, and
(b)  in any other case,"
10Page 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

11Page 5, line 19, after "indictment" insert—
"(a)  where subsection (3) applies, to imprisonment for life, and
(b)  in any other case,"
12Page 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

13Page 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

14Page 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

15Page 6, line 10, at beginning insert "Subject to subsection (3),"
16Page 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 BLATCH

17Page 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 BARONESS WALMSLEY
THE LORD THOMAS OF GRESFORD
THE BARONESS NOAKES

18Page 6, line 31, at end insert "(including but not limited to)"
 

THE BARONESS SCOTLAND OF ASTHAL

19Page 6, line 33, leave out "or"
20Page 6, line 34, at end insert "or
(d)  promoting the child's emotional well-being by the giving of advice,"
 

THE BARONESS WALMSLEY
THE LORD THOMAS OF GRESFORD
THE BARONESS NOAKES

21Page 6, line 34, at end insert "or
(d)  protecting the child from emotional harm,"
22Page 6, line 36, at end insert "or
"(   )  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

23Page 7, line 20, leave out paragraphs (c) and (d) and insert ", and
(c)  subsection (1B) applies."
24Page 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

25Page 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"
 

Clause 18

 

THE BARONESS SCOTLAND OF ASTHAL

26Page 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 BARONESS SCOTLAND OF ASTHAL

27Page 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 BARONESS SCOTLAND OF ASTHAL

28Page 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."

 
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©Parliamentary copyright 2003
17 June 2003