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    (  9  )

94

Page 22, line 23, leave out “or learning disability”

Clause 44

95

Page 23, line 6, leave out “or learning disability”

Clause 45

96

Page 23, line 31, leave out from “if” to end and insert “at the time—

 

           (a)              B is 16 or over, and

 

           (b)              A and B are lawfully married”

97

Page 23, line 32, leave out “A to prove that he” and insert “the defendant to prove

 

that A”

Clause 47

98

Page 24, leave out lines 8 to 27 and insert—

 

       ““1A              Marriage and other relationships

 

           (1)           This section applies where, in proceedings for an offence under

 

section 1(1)(a) of taking or making an indecent photograph of a

 

child, or for an offence under section 1(1)(b) or (c) relating to an

 

indecent photograph of a child, the defendant proves that the

 

photograph was of the child aged 16 or over, and that at the time of

 

the offence charged the child and he—

 

                  (a)                 were married, or

 

                  (b)                                     lived together as partners in an enduring family

 

relationship.

 

           (2)           Subsections (5) and (6) also apply where, in proceedings for an

 

offence under section 1(1)(b) or (c) relating to an indecent

 

photograph of a child, the defendant proves that the photograph

 

was of the child aged 16 or over, and that at the time when he

 

obtained it the child and he—

 

                  (a)                                     were married, or

 

                  (b)                 lived together as partners in an enduring family

 

relationship.

 

           (3)           This section applies whether the photograph showed the child

 

alone or with the defendant, but not if it showed any other person.

 

           (4)                         In the case of an offence under section 1(1)(a), if sufficient evidence

 

is adduced to raise an issue as to whether the child consented to the

 

photograph being taken or made, or as to whether the defendant

 

reasonably believed that the child so consented, the defendant is

 

not guilty of the offence unless it is proved that the child did not so


 
 

    (  10  )

 
 

consent and that the defendant did not reasonably believe that the

 

child so consented.

 

           (5)           In the case of an offence under section 1(1)(b), the defendant is not

 

guilty of the offence unless it is proved that the showing or

 

distributing was to a person other than the child.

 

           (6)                         In the case of an offence under section 1(1)(c), if sufficient evidence

 

is adduced to raise an issue both—

 

                  (a)                 as to whether the child consented to the photograph being

 

in the defendant’s possession, or as to whether the

 

defendant reasonably believed that the child so consented,

 

and

 

                  (b)                 as to whether the defendant had the photograph in his

 

possession with a view to its being distributed or shown to

 

anyone other than the child,

 

                         the defendant is not guilty of the offence unless it is proved either

 

that the child did not so consent and that the defendant did not

 

reasonably believe that the child so consented, or that the defendant

 

had the photograph in his possession with a view to its being

 

distributed or shown to a person other than the child.”

 

     ( )       After section 160 of the Criminal Justice Act 1988 (c. 33) (possession of

 

indecent photograph of child) insert—

 

       “160A  Marriage and other relationships

 

           (1)           This section applies where, in proceedings for an offence under

 

section 160 relating to an indecent photograph of a child, the

 

defendant proves that the photograph was of the child aged 16 or

 

over, and that at the time of the offence charged the child and he—

 

                  (a)                                     were married, or

 

                  (b)                 lived together as partners in an enduring family

 

relationship.

 

           (2)           This section also applies where, in proceedings for an offence under

 

section 160 relating to an indecent photograph of a child, the

 

defendant proves that the photograph was of the child aged 16 or

 

over, and that at the time when he obtained it the child and he—

 

                  (a)                 were married, or

 

                  (b)                 lived together as partners in an enduring family

 

relationship.

 

           (3)           This section applies whether the photograph showed the child

 

alone or with the defendant, but not if it showed any other person.

 

           (4)                         If sufficient evidence is adduced to raise an issue as to whether the

 

child consented to the photograph being in the defendant’s

 

possession, or as to whether the defendant reasonably believed that

 

the child so consented, the defendant is not guilty of the offence

 

unless it is proved that the child did not so consent and that the

 

defendant did not reasonably believe that the child so consented.””

Clause 48

99

Page 24, line 31, leave out from beginning to end of line 16 on page 25 and insert—


 
 

    (  11  )

 
 

     “(1)       In proceedings for an offence under section 1(1)(a) of making an indecent

 

photograph or pseudo-photograph of a child, the defendant is not guilty of

 

the offence if he proves that—

 

           (a)           it was necessary for him to make the photograph or pseudo-

 

photograph for the purposes of the prevention, detection or

 

investigation of crime, or for the purposes of criminal proceedings,

 

in any part of the world,

 

           (b)           at the time of the offence charged he was a member of the Security

 

Service, and it was necessary for him to make the photograph or

 

pseudo-photograph for the exercise of any of the functions of the

 

Service, or

 

           (c)           at the time of the offence charged he was a member of GCHQ, and

 

it was necessary for him to make the photograph or pseudo-

 

photograph for the exercise of any of the functions of GCHQ.

 

     (2)       In this section “GCHQ” has the same meaning as in the Intelligence

 

Services Act 1994.””

100

Page 25, leave out lines 20 to 46 and insert—

 

     “(1)       In proceedings for an offence under Article 3(1)(a) of making an indecent

 

photograph or pseudo-photograph of a child, the defendant is not guilty of

 

the offence if he proves that—

 

           (a)           it was necessary for him to make the photograph or pseudo-

 

photograph for the purposes of the prevention, detection or

 

investigation of crime, or for the purposes of criminal proceedings,

 

in any part of the world,

 

           (b)           at the time of the offence charged he was a member of the Security

 

Service, and it was necessary for him to make the photograph or

 

pseudo-photograph for the exercise of any of the functions of the

 

Service, or

 

           (c)           at the time of the offence charged he was a member of GCHQ, and

 

it was necessary for him to make the photograph or pseudo-

 

photograph for the exercise of any of the functions of GCHQ.

 

     (2)       In this Article “GCHQ” has the same meaning as in the Intelligence Services

 

Act 1994.””

Clause 49

101

Page 26, line 17, leave out from “where” to “is” in line 24, and insert “subsection

 

(5A) applies,”

102

Page 26, line 26, after “liable” insert “—

 

           (a)              where subsection (5A) applies, on conviction on indictment, to

 

imprisonment for a term not exceeding 14 years;

 

           (b)              in any other case—

 

                  (i)                 on summary conviction, to imprisonment for a term not

 

exceeding 6 months or a fine not exceeding the statutory

 

maximum or both;

 

                  (ii)                ”

103

Page 26, line 33, at end insert—


 
 

    (  12  )

 
 

     “(5A)       This subsection applies where the offence involved—

 

           (a)           penetration of B’s anus or vagina with a part of A’s body or

 

anything else,

 

           (b)           penetration of B’s mouth with A’s penis,

 

           (c)           penetration of A’s anus or vagina with a part of B’s body or by B

 

with anything else, or

 

           (d)           penetration of A’s mouth with B’s penis.”

Clause 53

104

Page 27, line 35, leave out “moving or still”

After Clause 56

105

Insert the following new Clause—

 

“Penalties for keeping a brothel

 

In paragraph 33 of Schedule 2 to the Sexual Offences Act 1956 (c. 69) (mode

 

of prosecution, punishment etc. for offences under section 33 of that Act)—

 

        (a)                for the entries in the second and third columns substitute—

 

“(i) On indictment

Seven years

 
 

(ii) Summarily

Six months, or the statutory

 
  

maximum or both”;

 
 

        (b)                omit the entry in the fourth column.”

Clause 58

106

Page 28, line 36, leave out “(A)”

107

Page 29, line 4, leave out from “he” to second “done” in line 6 and insert “believes

 

that another person is likely to do something to or in respect of B, after B’s arrival

 

but in any part of the world, which if”

Clause 59

108

Page 29, line 14, leave out “(A)”

109

Page 29, line 19, leave out from “he” to second “done” in line 21 and insert “believes

 

that another person is likely to do something to or in respect of B, during or after

 

the journey and in any part of the world, which if”

Clause 60

110

Page 29, line 29, leave out “(A)”

111

Page 29, line 34, leave out from “he” to “done” in line 36 and insert “believes that

 

another person is likely to do something to or in respect of B, after B’s departure

 

but in any part of the world, which if”


 
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Revised 5 November 2003