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6. Offences under any of the following provisions of the Sexual Offences Act 2003—
(a) section 1 (rape);
(b) section 3 (assault by penetration);
(c) 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;
(d) section 6 (rape of a child under 13);
(e) section 7 (assault of a child under 13 by penetration);
(f) 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;
(g) 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;
(h) 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.""
269Page 94, line 22, leave out paragraph 13 and insert—

"Rehabilitation of Offenders Act 1974 (c. 53)

( ) In section 7 of the Rehabilitation of Offenders Act 1974 (limitations on rehabilitation under that Act), in subsection (2), for paragraph (bb) substitute—


    (bb) in any proceedings under Part 2 of the Sexual Offences Act 2003, or on appeal from any such proceedings;"."


270Page 94, line 25, leave out paragraph 14 and insert—
"(1) The Sexual Offences (Amendment) Act 1976 is amended as follows.
(2) In section 1 (meaning of "rape"), omit subsection (2).

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(3) In section 7 (citation, interpretation etc.)—
(a) for subsection (2) substitute— "(2) In this Act—


    (a) "a rape offence" means any of the following—


(i) an offence under section 1 of the Sexual Offences Act 2003 (rape);
(ii) an offence under section 3 of that Act (assault by penetration); (iii) an offence under section 5 of that Act (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;


    (iv) an offence under section 6 of that Act (rape of a child under 13);


    (v) an offence under section 7 of that Act (assault of a child under 13 by penetration);


    (vi) an offence under section 9 of that Act (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;


    (vii) an offence under section 32 of that Act (sexual activity with a person with a mental disorder), where the touching involved penetration within subsection (4)(a) to (d) of that section;


    (viii) an offence under section 33 of that Act (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;


    (ix) an attempt, conspiracy or incitement to commit an offence within any of paragraphs (i) to (vii);


    (x) aiding, abetting, counselling or procuring the commission of such an offence or an attempt to commit such an offence.


    (b) the use in any provision of the word "man" without the addition of the word "boy" does not prevent the provision applying to any person to whom it would have applied if both words had been used, and similarly with the words "woman" and "girl".";


(b) omit subsection (3)."
271Page 94, line 32, leave out paragraph 16 and insert—

"Internationally Protected Persons Act 1978 (c. 17) In section 1 of the Internationally Protected Persons Act 1978 (attacks and threats of attacks on protected persons)—

(a) in subsection (1)(a)— (i) omit "rape,"; (ii) after "Explosive Substances Act 1883" insert "or an offence listed in subsection (1A)";
(b) after subsection (1) insert— "(1A) The offences mentioned in subsection (1)(a) are—


    (a) in Scotland or Northern Ireland, rape;


    (b) an offence under section 1 or 3 of the Sexual Offences Act 2003;


    (c) an offence under section 5 of that Act, where the activity caused involved penetration within subsection (4)(a) to (d) of that section;


    (d) an offence under section 6 or 7 of that Act;


    (e) an offence under section 9 of that Act, where an activity involving penetration within subsection (3)(a) to (d) of that section was caused;


    (f) an offence under section 32 of that Act, where the touching involved penetration within subsection (4)(a) to (d) of that section;


    (g) an offence under section 33 of that Act, where an activity involving penetration within subsection (4)(a) to (d) of that section was caused."

Suppression of Terrorism Act 1978 (c. 26)

(1) Schedule 1 to the Suppression of Terrorism Act 1978 (offences for the purposes of that Act) is amended as follows.

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    (2) In paragraph 3, after "Rape" insert "under the law of Scotland or Northern Ireland".


    (3) For paragraph 9 substitute—


    "9. An offence under any of the following provisions of the Sexual Offences Act 2003—


(a) sections 1 or 3 (rape, assault by penetration);
(b) 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;
(c) section 6 or 7 (rape of a child under 13, assault of a child under 13 by penetration);
(d) 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;
(e) 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;
(f) 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.""
272Page 94, line 36, at end insert—

"Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))

In Article 8 of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (limitations on rehabilitation under that Order), in paragraph (2), for sub-paragraph (bb) substitute—
"(bb) in any proceedings under Part 2 of the Sexual Offences Act 2003, or on appeal from any such proceedings;"."
273Page 95, line 2, leave out paragraph 18 and insert—
"(1) The Magistrates' Courts Act 1980 is amended as follows.
(2) In section 103 (evidence of persons under 14 in committal proceedings), in subsection (2)(c), after "the Protection of Children Act 1978" insert "or Part 1 of the Sexual Offences Act 2003".
(3) In Schedule 7 (consequential amendments), omit paragraph 18."

Baroness Scotland of Asthal: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 262 to 273.

Moved, That the House do agree with the Commons in their Amendments Nos. 262 to 273.—(Baroness Scotland of Asthal.)

On Question, Motion agreed to.

COMMONS AMENDMENT

274Page 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).

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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—
(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.""

Baroness Scotland of Asthal: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 274 and do propose Amendment No. 274A thereto:


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