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

House of Lords

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Clause 21

 

THE BARONESS SCOTLAND OF ASTHAL

29Page 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

30Insert the following new Clause—
  "Positions of trust: sports coaches
  Within six months of the coming into force of section 23, the Secretary of State shall, by order under section 23(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."
31Insert the following new Clause—
  "Positions of trust: ancillary and caretaking staff
  Within six months of the coming into force of section 23, the Secretary of State shall, by order under section 23(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)."
32Insert the following new Clause—
  "Positions of trust: youth and community workers
  Within six months of the coming into force of section 23, the Secretary of State shall, by order under section 23(1)(b), specify conditions relating to youth and community workers who, in that capacity, look after persons under 18."
33Insert the following new Clause—
  "Positions of trust: officers representing children's interests
  Within six months of the coming into force of section 23, the Secretary of State shall, by order under section 23(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."
34Insert the following new Clause—
  "Positions of trust: supervisors
  Within six months of the coming into force of section 23, the Secretary of State shall, by order under section 23(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

35Page 11, line 21, leave out "regularly"
36Page 11, line 25, leave out "regularly"
37Page 11, line 26, leave out "regularly"
 

Clause 26

 

THE BARONESS BLATCH

38Leave out Clause 26
 

Clause 27

 

THE BARONESS SCOTLAND OF ASTHAL

39Page 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."
 

Clause 28

 

THE BARONESS SCOTLAND OF ASTHAL

40Page 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

41Leave out Clause 31
 

Clause 32

 

THE LORD ADEBOWALE

42*Page 15, line 33, leave out "refuse" and insert "consent"
43*Page 15, line 37, leave out "refuse" and insert "consent"
44*Page 15, line 38, leave out "refuse" and insert "consent"
45*Page 15, line 39, leave out "to choose whether"
 

Clause 33

 

THE LORD ADEBOWALE

46*Page 16, line 18, leave out "refuse" and insert "consent"
47*Page 16, line 22, leave out "refuse" and insert "consent"
48*Page 16, line 23, leave out "refuse" and insert "consent"
49*Page 16, line 24, leave out "to choose whether"
 

Clause 34

 

THE LORD ADEBOWALE

50*Page 17, line 4, leave out "refuse" and insert "consent"
51*Page 17, line 8, leave out "refuse" and insert "consent"
52*Page 17, line 9, leave out "refuse" and insert "consent"
53*Page 17, line 10, leave out "to choose whether"
 

Clause 35

 

THE LORD ADEBOWALE

54*Page 17, line 24, leave out "refuse" and insert "consent"
55*Page 17, line 28, leave out "refuse" and insert "consent"
56*Page 17, line 29, leave out "refuse" and insert "consent"
57*Page 17, line 30, leave out "to choose whether"
 

Clause 40

 

THE BARONESS SCOTLAND OF ASTHAL

58Page 19, line 34, after "disability," insert—
"(   )  A knows or could reasonably be expected to know that B has a mental disorder or learning disability,"
 

THE LORD FILKIN

59Page 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 BARONESS SCOTLAND OF ASTHAL

60Page 20, line 16, after "disability," insert—
"(   )  A knows or could reasonably be expected to know that B has a mental disorder or learning disability,"
61Page 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 BARONESS SCOTLAND OF ASTHAL

62Page 21, line 1, after "disability," insert—
"(   )  A knows or could reasonably be expected to know that B has a mental disorder or learning disability,"
63Page 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 BARONESS SCOTLAND OF ASTHAL

64Page 21, line 21, after "disability," insert—
"(   )  A knows or could reasonably be expected to know that B has a mental disorder or learning disability,"
65Page 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

66Page 21, line 41, leave out "regular"
67Page 22, line 4, leave out "regular"
68Page 22, line 9, leave out "regular"
 

Clause 46

 

THE BARONESS BLATCH

69Leave out Clause 46
 

Clause 48

 

THE BARONESS SCOTLAND OF ASTHAL

70Page 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"
71Page 23, line 39, leave out from beginning to end of line 2 on page 24 and insert—
"(2A)  Those persons are—"
72Page 24, line 7, leave out "or" and insert "and"
73Page 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.""
74Page 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"
75Page 24, leave out lines 20 to 25 and insert—
"(2A)  Those persons are—"
76Page 24, line 30, leave out "or" and insert "and"
77Page 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.""

 
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©Parliamentary copyright 2003
17 June 2003