LORDS AMENDMENT IN LIEU OF WORDS LEFT OUT OF THE BILL BY A

COMMONS AMENDMENT, LORDS AMENDMENT IN LIEU OF A COMMONS

AMENDMENT, LORDS REASON FOR DISAGREEING TO A COMMONS

AMENDMENT, AND lords amendments to commons amendments

to the

sexual offences bill [hl]

[The page and line references are to Bill 128 as first printed for the Commons.]

Clause 2

COMMONS AMENDMENT 1

1

Leave out Clause 2

The Lords agree to Commons Amendment 1, but propose the following amendment in lieu

of the words so left out of the bill—

1A

Insert the following new Clause—

“Anonymity of suspects and defendants in certain cases (No. 2)

(1)   

Subject to subsection (3), where an allegation has been made that a person

has committed an offence listed in Schedule 3, no matter relating to that

person shall be included in any publication if it is likely to lead members of

the public to identify that person as the person who is alleged to have

committed the offence, until and unless that person is charged.

(2)   

If any matter is published or included in a relevant programme in

contravention of subsection (1), the following persons, namely—

(a)   

in the case of a publication in a newspaper or periodical, any

proprietor, any editor and any publisher of the newspaper or

periodical;

(b)   

in the case of any other publication, the person who publishes it;

and

(c)   

in the case of a matter included in a relevant programme, any body

corporate which is engaged in providing the service in which the

 
Bill 18053/2
 

 

(  2  )

 
 

programme is included and any person having functions in relation

to the programme corresponding to those of an editor of a

newspaper;

   

shall be guilty of an offence.

(3)   

Subsection (1) shall not apply—

(a)   

if the person against whom the allegation has been made waives his

right to anonymity; or

(b)   

if it is disapplied in relation to a specific person by a magistrates’

court on application by a police officer of at least the rank of

inspector.””

After Clause 56

COMMONS AMENDMENT 105

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.”

The Lords disagree to Commons Amendment 105, but propose the following amendment

in lieu thereof—

105A

Insert the following new Clause—

“Penalties for keeping a brothel used for prostitution

(1)   

The Sexual Offences Act 1956 (c. 69) is amended as follows.

(2)   

After section 33 insert—

“33A    

   Keeping a brothel used for prostitution

(1)   

It is an offence for a person to keep, or to manage, or act or assist in

the management of, a brothel to which people resort for practices

involving prostitution (whether or not also for other practices).


 

(  3  )

 
 

(2)   

In this section “prostitution” has the meaning given by section 53(2)

of the Sexual Offences Act 2003.”

(3)   

In Schedule 2 (mode of prosecution, punishment etc.), after paragraph 33

insert (as a paragraph with no entry in the fourth column)—

 

“33A

Keeping a brothel used for

(i) on indictment

Seven years

 
  

prostitution (section 33A).

   
   

(ii) summarily

Six months, or

 
    

the statutory

 
    

maximum, or

 
    

both.””

 

After Schedule 3

COMMONS AMENDMENT 261

261

Insert the following new Schedule—

“Procedure for ending notification requirements for abolished

homosexual offences

Scope of Schedule

1          

This Schedule applies where a relevant offender is subject to the

notification requirements of this Part as a result of a conviction, finding

or caution in respect of an offence under—

(a)   

section 12 or 13 of the Sexual Offences Act 1956 (c. 69) (buggery

or indecency between men), or

(b)   

section 61 of the Offences against the Person Act 1861 (c. 100) or

section 11 of the Criminal Law Amendment Act 1885 (c. 69)

(corresponding Northern Ireland offences).

Application for decision

2     (1)  

The relevant offender may apply to the Secretary of State for a decision

as to whether it appears that the person with whom the act of buggery

or gross indecency was committed—

(a)   

where paragraph 1(a) applies, was aged 16 or over at the time of

the offence,

(b)   

where paragraph 1(b) applies, was aged 17 or over at that time,

           

and that that person consented to the act.

      (2)  

An application must be in writing and state—

(a)   

the name, address and date of birth of the relevant offender,

(b)   

his name and address at the time of the conviction, finding or

caution,

(c)   

so far as known to him, the time when and the place where the

conviction or finding was made or the caution given and, for a

conviction or finding, the case number,

(d)   

such other information as the Secretary of State may require.

      (3)  

An application may include representations by the relevant offender

about the matters mentioned in sub-paragraph (1).


 

(  4  )

 
 

Decision by Secretary of State

3     (1)  

In making the decision applied for, the Secretary of State must

consider—

(a)   

any representations included in the application, and

(b)   

any available record of the investigation of the offence and of any

proceedings relating to it that appears to him to be relevant,

           

but is not to seek evidence from any witness.

      (2)  

On making the decision the Secretary of State must—

(a)   

record it in writing, and

(b)   

give notice in writing to the relevant offender.

Effect of decision

4     (1)  

If the Secretary of State decides that it appears as mentioned in

paragraph 2(1), the relevant offender ceases, from the beginning of the

day on which the decision is recorded under paragraph 3(2)(a), to be

subject to the notification requirements of this Part as a result of the

conviction, finding or caution in respect of the offence.

      (2)  

Sub-paragraph (1) does not affect the operation of this Part as a result of

any other conviction, finding or caution or any court order.

Right of appeal

5     (1)  

If the Secretary of State decides that it does not appear as mentioned in

paragraph 2(1), and if the High Court gives permission, the relevant

offender may appeal to that court.

      (2)  

On an appeal the court may not receive oral evidence.

      (3)  

The court—

(a)   

if it decides that it appears as mentioned in paragraph 2(1), must

make an order to that effect,

(b)   

otherwise, must dismiss the appeal.

      (4)  

An order under sub-paragraph (3)(a) has the same effect as a decision of

the Secretary of State recorded under paragraph 3(2)(a) has under

paragraph 4.

      (5)  

There is no appeal from the decision of the High Court.

Transitional provision

6          

Until the coming into force of the repeal by this Act of Part 1 of the Sex

Offenders Act 1997 (c. 51), this Schedule has effect as if references to this

Part of this Act were references to Part 1 of that Act.”


 

(  5  )

 
 

The Lords disagree to Commons Amendment 261 for the following Reason—

261

Because it would result in the inconsistent treatment of persons convicted of abolished

homosexual offences.

Schedule 5

COMMONS AMENDMENT 274

274

Page 95, line 5, leave out paragraphs 19 to 21 and insert—

“Criminal Justice Act 1982 (c. 48)

      (1)  

The Criminal Justice Act 1982 is amended as follows.

      (2)  

In section 35 (abolition of enhanced penalties on subsequent conviction

of summary offences) for subsection (3)(a) substitute—

“(a)   

sections 34 to 36 of the Sexual Offences Act 1956 (letting

premises for use as a brothel and prostitution); or”.

      (3)  

In Part 2 of Schedule 1 (offences excluded from early release provisions),

after the entry relating to the Proceeds of Crime Act 2002 (c. 29) insert—

“SEXUAL OFFENCES ACT 2003

           

Sections 1 and 3 (rape, assault by penetration).

           

Section 5 (causing a person to engage in sexual activity

without consent), where the activity caused involved

penetration within subsection (4)(a) to (d) of that section.

           

Sections 6 and 7 (rape of a child under 13, assault of a child

under 13 by penetration).

           

Section 9 (causing or inciting a child under 13 to engage in

sexual activity), where an activity involving penetration

within subsection (3)(a) to (d) of that section was caused.

           

Section 32 (sexual activity with a person with a mental

disorder), where the touching involved penetration within

subsection (4)(a) to (d) of that section.

           

Section 33 (causing or inciting a person with a mental disorder

to engage in sexual activity), where an activity involving

penetration within subsection (4)(a) to (d) of that section was

caused.”

Police and Criminal Evidence Act 1984 (c. 60)

      (1)  

The Police and Criminal Evidence Act 1984 is amended as follows.

      (2)  

In section 80(7) (sexual offences for purposes of compellability of

spouse), after “the Protection of Children Act 1978” insert “or Part 1 of

the Sexual Offences Act 2003”.

      (3)  

In Schedule 1A (specific arrestable offences), after paragraph 25 insert—

“Sexual Offences Act 2003

26.        

An offence under—


 

(  6  )

 
 

(a)   

section 67 of the Sexual Offences Act 2003 (sexual

activity in public lavatory);

(b)   

section 68 of that Act (exposure);

(c)   

section 69 of that Act (voyeurism);

(d)   

section 71 of that Act (intercourse with an animal); or

(e)   

section 72 of that Act (sexual penetration of a corpse).”

      (4)  

In Part 2 of Schedule 5 (serious arrestable offences), after the entry

relating to the Obscene Publications Act 1959 (c. 66) insert—

“Sexual Offences Act 2003

16.        

Section 1 (rape).

17.        

Section 3 (assault by penetration).

18.        

Section 5 (causing a person to engage in sexual activity

without consent), where the activity caused involved

penetration within subsection (4)(a) to (d) of that section.

19.        

Section 6 (rape of a child under 13).

20.        

Section 7 (assault of a child under 13 by penetration).

21.        

Section 9 (causing or inciting a child under 13 to engage in

sexual activity), where an activity involving penetration

within subsection (3)(a) to (d) of that section was caused.

22.        

Section 32 (sexual activity with a person with a mental

disorder), where the touching involved penetration within

subsection (4)(a) to (d) of that section.

23.        

Section 33 (causing or inciting a person with a mental disorder

to engage in sexual activity), where an activity involving

penetration within subsection (4)(a) to (d) of that section was

caused.””

The Lords agree to Commons Amendment 274 with the following amendment

274A

Line 3, leave out from beginning to “Part” in line 8 and insert “In the Criminal

Justice Act 1982, in”

Schedule 6

COMMONS AMENDMENT 291

291

Page 98, line 29, at end insert—

  

“, and in paragraph 33, the entry in the fourth

 
  

column.

 
 

Naval Discipline Act 1957

In section 48(2), the words “or rape”.”

 
 

(c. 53)

  

The Lords agree to Commons Amendment 291 with the following amendment

291A

Leave out lines 2 and 3