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

House of Lords

back to previous amendments

 

Clause 65

 

THE BARONESS SCOTLAND OF ASTHAL

78Page 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.
6(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."
 

THE LORD LUCAS
[As an amendment to amendment 78]

79*Line 6, after "grandparents," insert "uncle, aunt,"
 

Clause 66

 

THE BARONESS SCOTLAND OF ASTHAL

80Page 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

81Page 34, line 23, after "if" insert "subsection (4) applies and"
 

THE LORD LUCAS

82*Page 34, line 23, leave out "purpose of" and insert "protection of the child, including but not limited to"
 

THE BARONESS SCOTLAND OF ASTHAL

83Page 34, line 25, leave out "or"
84Page 34, line 26, at end insert "or
(d)  promoting the child's emotional well-being by the giving of advice,"
 

THE BARONESS BLATCH

85Page 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 BARONESS SCOTLAND OF ASTHAL

86Page 35, line 4, leave out paragraph (b)
87Page 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"
88Page 35, line 7, after "have" insert "reasonably"
89Page 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."
 

THE LORD LUCAS

90*Page 35, line 20, at end insert—
"(   )  the defendant had committed, or knew that another person had committed, an offence under section 62 in relation to the complainant, and the defendant did not reasonably believe that the complainant was no longer suffering from the effects of the substance that had been administered;"
 

THE LORD CAMPBELL OF ALLOWAY

91Leave out Clause 76
 

Clause 77

 

THE BARONESS SCOTLAND OF ASTHAL

92Page 35, line 29, leave out subsections (1) and (2)
93Page 36, line 3, leave out "referred to in subsection (3)"
 

Clause 78

 

THE LORD CAMPBELL OF ALLOWAY

94Leave out Clause 78
 

Clause 79

 

THE LORD LUCAS

95*Page 36, line 37, after "consider" insert "in all the circumstances"
 

THE LORD CAMPBELL OF ALLOWAY

96Leave out Clause 79
 

After Clause 135

 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

97Insert 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."
 

Schedule 3

 

THE BARONESS SCOTLAND OF ASTHAL
THE BARONESS NOAKES
THE BARONESS WALMSLEY

98Page 77, line 15, leave out "16" and insert "18"
 

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

99Page 80, line 14, leave out from "indecency" to end of line 15
100Page 80, line 34, leave out from "(incest)" to end of line 35
101Page 80, line 36, leave out from "stepchild)" to end of line 37
 

THE BARONESS SCOTLAND OF ASTHAL
THE BARONESS NOAKES
THE BARONESS WALMSLEY

102Page 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
17 June 2003