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200Schedule 2, page 76, line 15, leave out "15 and"
201Page 76, line 31, leave out "an offence of"
202Page 76, leave out line 32
203Schedule 3, page 78, line 36, at end insert "and—
(a) the conviction, finding or caution was before the commencement of this Part, or
(b) the offender—
(i) was 18 or over, or
(ii) is sentenced in respect of the offence to imprisonment for a term of at least 12 months."
204Page 78, line 41, at end insert "and—
(a) the conviction, finding or caution was before the commencement of this Part, or
(b) the offender—
(i) was 18 or over, or
(ii) is sentenced in respect of the offence to imprisonment for a term of at least 12 months."
205Page 79, line 3, at end insert "and—
(a) the conviction, finding or caution was before the commencement of this Part, or
(b) the offender—
(i) was 18 or over, or
(ii) is sentenced in respect of the offence to imprisonment for a term of at least 12 months."
206Page 79, line 6, leave out paragraphs 17 to 19 and insert—
"( ) An offence under section 1 or 3 of this Act (rape, assault by penetration).
( ) An offence under section 4 of this Act (sexual assault) if—
(a) where the offender was under 18, he is or has been sentenced, in respect of the offence, to imprisonment for a term of at least 12 months;
(b) in any other case—
(i) the victim was under 18, or
(ii) the offender, in respect of the offence or finding, is or has been—
(a) sentenced to a term of imprisonment,
(b) detained in a hospital, or
(c) made the subject of a community sentence of at least 12 months.
( ) An offence under any of sections 5 to 7 of this Act (causing sexual activity without consent, rape of a child under 13, assault of a child under 13 by penetration).
( ) An offence under section 8 of this Act (sexual assault of a child under 13) if the offender—
(a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
( ) An offence under any of sections 9 to 13 of this Act (causing or inciting a child under 13 to engage in sexual activity, child sex offences committed by adults)."

13 Nov 2003 : Column 1650


207Page 79, line 30, leave out ", where the offender is under 18, he" and insert "the offender—
(a) was 18 or over, or
(b) "
208Page 79, line 39, at end insert— "23A An offence under section 27 or 28 of this Act (familial child sex offences) if the offender—


(a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months."
209Page 79, line 40, leave out "27, 28 or"
210Page 79, line 40, leave out "familial child sex offences,"
211Page 79, line 41, leave out "or learning disability"
212Page 79, line 42, leave out "or learning disability"
213Page 79, line 45, leave out "or learning disability"
214Page 79, line 45, after "if" insert "—
(a) where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
(b) in any other case,"
215Page 80, line 3, leave out from "least" to end of line 7 and insert "12 months."
216Page 80, line 9, at end insert ", and the offender—
(a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months."
217Page 80, line 13, at end insert—
"(a) where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
(b) in any other case—"
218Page 80, line 20, at end insert "—
(a) where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
(b) in any other case,"
219Page 80, line 25, after "sentenced" insert "in respect of the offence"
220Page 80, leave out lines 34 to 38 and insert "12 months."
221Page 80, line 40, after "sentenced" insert "in respect of the offence"
222Page 80, line 46, leave out "or"
223Page 81, line 1, at end insert ", or
(c) made the subject of a community sentence of at least 12 months."
224Page 81, line 3, after "if" insert "—
(a) where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
(b) in any other case,"
225Page 81, leave out lines 17 to 19 and insert "every person involved in the offence was 16"
226Page 82, leave out lines 12 to 18 and insert "every person involved (whether in the offence or in the homosexual act) was 16 or over and was a willing participant"
227Page 82, line 31, leave out paragraph 59

13 Nov 2003 : Column 1651

228Page 83, line 11, leave out "18" and insert "12"
229Page 83, line 13, at end insert "if the offender—
(a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months."
230Page 83, line 14, leave out "consent was not present or"
231Page 83, line 17, leave out "17" and insert "18"
232page 83, line 19, leave out "17" and insert "18, and the offender—
(a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months"
233Page 83, line 32, leave out "18" and insert "12"
234Page 83, line 34, at end insert "if the offender—
(a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months."
235Page 83, line 36, at end insert "if the offender—
(a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months."
236Page 83, line 38, at end insert "if the offender—
(a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months."
237Page 83, line 41, at end insert "if the offender—
(a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months."
238Page 84, line 2, leave out from "if" to end of line 3 and insert "—
(a) where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
(b) in any other case—
(i) the victim or (as the case may be) other party was under 18, or
(ii) the offender, in respect of the offence or finding, is or has been—
(a) sentenced to a term of imprisonment, or
(b) detained in a hospital."
239Page 84, line 4, leave out from "if" to end of line 5 and insert "—
(a) where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
(b) in any other case—
(i) the victim or (as the case may be) other party was under 18, or
(ii) the offender, in respect of the offence or finding, is or has been—
(a) sentenced to a term of imprisonment, or
(b) detained in a hospital."
240Page 84, line 8, at end insert "if the offender—
(a) was 18 or over, or

13 Nov 2003 : Column 1652


(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months."
241Page 84, line 9, at end insert "if the offender—
(a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months."
242Page 84, line 11, at end insert "if the offender—
(a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months."
243Page 84, line 16, at end insert ", and the offender—
(a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months."
244Page 84, line 19, at end insert "if the offender—
(a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months."
245Page 84, line 23, at end insert "if—
(a) where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
(b) in any other case, the offender, in respect of the offence or finding, is or has been—
(i) sentenced to a term of imprisonment,
(ii) detained in a hospital, or
(iii) made the subject of a community sentence of at least 12 months."
246Page 84, line 26, at end insert "if the offender—
(a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months."
247Page 84, line 28, leave out "was 20 or over" and insert ", in respect of the offence or finding, is or has been—
(a) sentenced to a term of imprisonment,
(b) detained in a hospital, or
(c) made the subject of a community sentence of at least 12 months."
248Page 84, line 34, at end insert "and the offender—
(a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months."
249Page 85, line 2, leave out "18" and insert "12"
250Page 85, line 11, at end insert "and the offender—
(a) was 18 or over, or
(b) is or has been sentenced in respect of the offence to a term of imprisonment of at least 12 months"
251Page 85, line 13, after "sentenced" insert "in respect of the offence"
252Page 85, line 22, leave out "18" and insert "12"
253Page 85, line 24, after "sentenced" insert "in respect of the offence"
254Page 85, line 30, leave out "or"
255Page 85, line 31, at end insert ", or

13 Nov 2003 : Column 1653


(c) made the subject of a community sentence of at least 12 months."
256Page 85, line 33, after "if" insert "—
(a) where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
(b) in any other case,"
257Page 85, line 43, leave out "under a provision"
258Page 85, line 43, at end insert—
"( ) A reference in any of those paragraphs to being made the subject of a community sentence of at least 12 months is to be read, in relation to an offence under an enactment referred to in sub-paragraph (1), as a reference to being sentenced to a term of service detention of at least 112 days."
259Page 86, line 11, leave out from "In" to "the" in line 18 and insert "this Schedule "community sentence" has—
(a) in relation to England and Wales, the same meaning as in the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), and
(b) in relation to Northern Ireland,"
260Page 86, line 26, leave out "(b)"

Baroness Scotland of Asthal: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 158 to 260. I have already spoken to these amendments.

Moved, That the House do agree with the Commons in their Amendments Nos. 158 to 260.—(Baroness Scotland of Asthal.)

On Question, Motion agreed to.


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