Criminal Justice Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

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Schedule 11

 

THE BARONESS SCOTLAND OF ASTHAL

218B*Page 260, line 30, leave out "requirements of the community" and insert "community requirements of the suspended sentence"
218C*Page 260, line 36, after second "the" insert "community"
 

Schedule 14

 

THE BARONESS SCOTLAND OF ASTHAL

218D*Page 278, line 3, at end insert—
       "An offence under Part II of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system)."
218E*Page 278, line 11, leave out paragraph 59
218F*Page 278, line 16, at end insert—
       "An offence under section 1 of the Female Genital Mutilation Act 2003 (female genital mutilation).
       An offence under section 2 of that Act (assisting a girl to mutilate her own genitalia).
       An offence under section 3 of that Act (assisting a non-UK person to mutilate overseas a girl's genitalia)."
218G*Page 279, line 25, at end insert—
       "An offence under section 33 of that Act (keeping a brothel)."
218H*Page 280, line 6, at end insert—
       "An offence under section 1 of the Sexual Offences Act 2003 (rape).
       An offence under section 2 of that Act (assault by penetration).
       An offence under section 3 of that Act (sexual assault).
       An offence under section 4 of that Act (causing a person to engage in sexual activity without consent).
       An offence under section 5 of that Act (rape of a child under 13).
       An offence under section 6 of that Act (assault of a child under 13 by penetration).
       An offence under section 7 of that Act (sexual assault of a child under 13).
       An offence under section 8 of that Act (causing or inciting a child under 13 to engage in sexual activity).
       An offence under section 9 of that Act (sexual activity with a child).
       An offence under section 10 of that Act (causing or inciting a child to engage in sexual activity).
       An offence under section 11 of that Act (engaging in sexual activity in the presence of a child).
       An offence under section 12 of that Act (causing a child to watch a sexual act).
       An offence under section 13 of that Act (child sex offences committed by children or young persons).
       An offence under section 14 of that Act (arranging or facilitating commission of a child sex offence).
       An offence under section 16 of that Act (meeting a child following sexual grooming etc.).
       An offence under section 17 of that Act (abuse of position of trust: sexual activity with a child).
       An offence under section 18 of that Act (abuse of position of trust: causing or inciting a child to engage in sexual activity).
       An offence under section 19 of that Act (abuse of position of trust: sexual activity in the presence of a child).
       An offence under section 20 of that Act (abuse of position of trust: causing a child to watch a sexual act).
       An offence under section 26 of that Act (sexual activity with a child family member).
       An offence under section 27 of that Act (inciting a child family member to engage in sexual activity).
       An offence under section 31 of that Act (sexual activity with a person with a mental disorder).
       An offence under section 32 of that Act (causing or inciting a person with a mental disorder to engage in sexual activity).
       An offence under section 33 of that Act (engaging in sexual activity in the presence of a person with a mental disorder).
       An offence under section 34 of that Act (causing a person with a mental disorder to watch a sexual act).
       An offence under section 35 of that Act (inducement, threat or deception to procure sexual activity with a person with a mental disorder).
       An offence under section 36 of that Act (causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception).
       An offence under section 37 of that Act (engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder).
       An offence under section 38 of that Act (causing a person with a mental disorder to watch a sexual act by inducement, threat or deception).
       An offence under section 39 of that Act (care workers: sexual activity with a person with a mental disorder).
       An offence under section 40 of that Act (care workers: causing or inciting sexual activity).
       An offence under section 41 of that Act (care workers: sexual activity in the presence of a person with a mental disorder).
       An offence under section 42 of that Act (care workers: causing a person with a mental disorder to watch a sexual act).
       An offence under section 48 of that Act (paying for sexual services of a child).
       An offence under section 49 of that Act (causing or inciting child prostitution or pornography).
       An offence under section 50 of that Act (controlling a child prostitute or a child involved in pornography).
       An offence under section 51 of that Act (arranging or facilitating child prostitution or pornography).
       An offence under section 53 of that Act (causing or inciting prostitution for gain).
       An offence under section 54 of that Act (controlling prostitution for gain).
       An offence under section 57 of that Act (trafficking into the UK for sexual exploitation).
       An offence under section 58 of that Act (trafficking within the UK for sexual exploitation).
       An offence under section 59 of that Act (trafficking out of the UK for sexual exploitation).
       An offence under section 61 of that Act (administering a substance with intent).
       An offence under section 62 of that Act (committing an offence with intent to commit a sexual offence).
       An offence under section 63 of that Act (trespass with intent to commit a sexual offence).
       An offence under section 64 of that Act (sex with an adult relative: penetration).
       An offence under section 65 of that Act (sex with an adult relative: consenting to penetration).
       An offence under section 67 of that Act (exposure).
       An offence under section 68 of that Act (voyeurism).
       An offence under section 70 of that Act (intercourse with an animal).
       An offence under section 71 of that Act (sexual penetration of a corpse)."
 

Clause 211

 

THE BARONESS WALMSLEY
THE LORD DHOLAKIA

219Page 124, line 1, leave out "may" and insert "must"
220Page 124, line 2, at end insert ", and
(   )  in the case of an offender aged under 18, must take into account the offender's welfare and capacity for rehabilitation"
 

THE BARONESS SCOTLAND OF ASTHAL

220A*Page 124, leave out lines 15 to 22 and insert—
"(a)  a specified offence,
(b)  an offence specified in Schedule 15 (offences under the law of Scotland), or
(c)  an offence specified in Schedule 16 (offences under the law of Northern Ireland)."
 

Schedule 16

 

THE BARONESS SCOTLAND OF ASTHAL

220B*Page 284, line 13, at end insert—
       "An offence under section 1 of the Female Genital Mutilation Act 2003 (female genital mutilation).
       An offence under section 2 of that Act (assisting a girl to mutilate her own genitalia).
       An offence under section 3 of that Act (assisting a non-UK person to mutilate overseas a girl's genitalia)."
220C*Page 285, line 36, at end insert—
       "An offence under section 16 of the Sexual Offences Act 2003 (meeting a child following sexual grooming etc.).
       An offence under section 17 of that Act (abuse of position of trust: sexual activity with a child).
       An offence under section 18 of that Act (abuse of position of trust: causing or inciting a child to engage in sexual activity).
       An offence under section 19 of that Act (abuse of position of trust: sexual activity in the presence of a child).
       An offence under section 20 of that Act (abuse of position of trust: causing a child to watch a sexual act).
       An offence under section 48 of that Act (paying for sexual services of a child).
       An offence under section 49 of that Act (causing or inciting child prostitution or pornography).
       An offence under section 50 of that Act (controlling a child prostitute or a child involved in pornography).
       An offence under section 51 of that Act (arranging or facilitating child prostitution or pornography).
       An offence under section 53 of that Act (causing or inciting prostitution for gain).
       An offence under section 54 of that Act (controlling prostitution for gain).
       An offence under section 57 of that Act (trafficking into the UK for sexual exploitation).
       An offence under section 58 of that Act (trafficking within the UK for sexual exploitation).
       An offence under section 59 of that Act (trafficking out of the UK for sexual exploitation).
       An offence under section 67 of that Act (exposure).
       An offence under section 68 of that Act (voyeurism).
       An offence under section 70 of that Act (intercourse with an animal).
       An offence under section 71 of that Act (sexual penetration of a corpse)."
 

Clause 225

 

THE BARONESS SCOTLAND OF ASTHAL

220D*Page 130, line 14, after "a" insert "designated"
 

Clause 228

 

THE BARONESS SCOTLAND OF ASTHAL

220E*Page 131, line 24, leave out "a prisoner serving a sentence of intermittent custody" and insert "an intermittent custody prisoner"
220F*Page 131, line 28, leave out "a prisoner serving a sentence of intermittent custody" and insert "an intermittent custody prisoner"
220G*Page 132, line 7, leave out "Part 1 of the Sex Offenders Act 1997 (c. 51)" and insert "Part 2 of the Sexual Offences Act 2003"
220H*Page 132, line 41, leave out "a person serving a sentence of intermittent custody" and insert "an intermittent custody prisoner"
 

Clause 231

 

THE BARONESS SCOTLAND OF ASTHAL

220J*Page 133, line 37, leave out from "where" to "is" in line 38 and insert "an intermittent custody prisoner"
 

Before Clause 247

 

THE LORD ACKNER
THE LORD LLOYD OF BERWICK

221Insert the following new Clause—
  "Amendment to Murder (Abolition of Death Penalty) Act 1965
  In section 1(1) of the Murder (Abolition of Death Penalty) Act 1965 (c. 71) (abolition of death penalty for murder), for the word "sentenced" there is substituted "liable"."
 

Clause 247

 

THE LORD ACKNER

222Page 142, line 25, leave out subsection (5)
 

THE LORD ACKNER
THE LORD LLOYD OF BERWICK

223Page 142, line 31, leave out subsection (6)
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND

224Page 142, line 31, at end insert—
"(   )  Before making an order under subsection (6), the Secretary of State shall consult the Sentencing Guidelines Council."
 

THE BARONESS ANELAY OF ST JOHNS
THE LORD KINGSLAND
THE BARONESS WALMSLEY

225Page 142, line 31, at end insert—
"(7)  This section does not apply if the offender was under 18 when he committed the offence."

 
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©Parliamentary copyright 2003
29 October 2003