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274ASchedule 5, Line 3, leave out from beginning to "Part" in line 8 and insert "In the Criminal Justice Act 1982, in"

Moved, That the House do agree with the Commons in their Amendment Nos. 274 and do propose Amendment No. 274A thereto.—(Baroness Scotland of Asthal.)

13 Nov 2003 : Column 1661

On Question, Motion agreed to.

COMMONS AMENDMENTS

275Page 95, line 14, leave out paragraph 22 and insert—
"(1) The Criminal Justice Act 1988 is amended as follows.
(2) In section 32 (evidence through television links), in subsection (2)(c), after "the Protection of Children Act 1978" insert "or Part 1 of the Sexual Offences Act 2003".
(3) In section 160(1) (possession of indecent photograph of child), at the beginning insert "Subject to subsection (1A),"."
276Page 95, line 17, leave out paragraph 23 and insert—
"Criminal Justice Act 1991 (c. 53)

In section 34A of the Criminal Justice Act 1991 (power to release short-term prisoners on licence), in subsection (2)(da), for "Part I of the Sex Offenders Act 1997" substitute "Part 2 of the Sexual Offences Act 2003"."


277Page 95, line 20, leave out paragraph 24 and insert—
"(1) Section 2 of the Sexual Offences (Amendment) Act 1992 (offences to which that Act applies) is amended as follows.
(2) In subsection (1) (England and Wales)—
(a) after paragraph (d) insert— (da) any offence under any of the provisions of Part 1 of the Sexual Offences Act 2003 except section 65, 66, 67 or 71;";


(b) in paragraph (e) for "(d)" substitute "(da)".
(3) In subsection (3) (Northern Ireland)—
(a) after paragraph (hh) insert— (ha) any offence under any of sections 17 to 23, 49 to 55, 58 to 60, 68 to 70, 72 and 73.";


(b) in paragraph (i) for "(hh)" substitute "(ha)"."
278Page 95, line 23, leave out paragraph 25 and insert—
"(1) The Criminal Justice and Public Order Act 1994 is amended as follows.
(2) In section 25 (no bail if previous conviction for certain offences), for subsection (2)(d) and (e) substitute— (d) rape under the law of Scotland or Northern Ireland;


    (e) an offence under section 1 of the Sexual Offences Act 1956 (rape);


    (f) an offence under section 1 of the Sexual Offences Act 2003 (rape);


    (g) an offence under section 3 of that Act (assault by penetration);


    (h) 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;


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


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


    (k) 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;


    (l) 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;


    (m) 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;


    (n) an attempt to commit an offence within any of paragraphs (d) to (m)."

13 Nov 2003 : Column 1662


(3) Omit sections 142 to 144.
(4) In Schedule 10 (consequential amendments) omit paragraphs 26 and 35(2) and (4)."
279Page 95, line 29, at end insert—

"Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)

In section 5(6) of the Criminal Law (Consolidation) (Scotland) Act 1995 (which relates to construing the expression "a like offence"), after paragraph (c) insert "or


    (cc) any of sections 10 to 15 of the Sexual Offences Act 2003;"."


280Page 95, line 31, leave out paragraph 26 and insert—

"Criminal Injuries Compensation Act 1995 (c. 53)

In section 11 of the Criminal Injuries Compensation Act 1995 (approval by parliament of certain alterations to the Tariff or provisions of the Scheme)—


(a) in subsection (3)(d), after "rape" insert "or an offence under section 32 of the Sexual Offences Act 2003";
(b) after subsection (8) insert— "(9) In subsection (3) "rape", in relation to anything done in England and Wales, means an offence under section 1 or 6 of the Sexual Offences Act 2003."

Sexual Offences (Conspiracy and Incitement) Act 1996 (c. 29)

In the Schedule to the Sexual Offences (Conspiracy and Incitement) Act 1996 (sexual offences for the purposes of that Act), in paragraph 1—


(a) for sub-paragraph (1)(b) substitute—
"(b) an offence under any of sections 1 to 13, 15 and 17 to 28 of the Sexual Offences Act 2003.";
(b) in sub-paragraph (2), for "In sub-paragraph (1)(a), sub-paragraphs (i), (iv), (v) and (vi) do" substitute "Sub-paragraph (1)(b) does".

Sexual Offences (Protected Material) Act 1997 (c. 39) In the Schedule to the Sexual Offences (Protected Material) Act 1997 (sexual offences for the purposes of that Act)—

(a) after paragraph 5 insert— "5A. Any offence under any provision of Part 1 of the Sexual Offences Act 2003 except section 65, 66, 67 or 71.";


(b) in paragraph 6, for "1 to 5" substitute "5 and 5A"."
281Page 96, line 31, at end insert—

"Youth Justice and Criminal Evidence Act 1999 (c. 23)

(1) The Youth Justice and Criminal Evidence Act 1999 is amended as follows.
(2) In section 35 (cross examination of child witnesses), in subsection (3)(a), after sub-paragraph (v) insert "or (vi) Part 1 of the Sexual Offences Act 2003;".


(3) In section 62 (meaning of "sexual offence" etc.), for subsection (1) substitute— "(1) In this Part "sexual offence" means any offence under Part 1 of the Sexual Offences Act 2003."

Criminal Evidence (Northern Ireland) Order 1999 (S.I. 1999/2789 (N.I. 8))

(1) The Criminal Evidence (Northern Ireland) Order 1999 is amended as follows.
(2) In Article 3(1) (meaning of "sexual offence"), after sub-paragraph (gg) insert—
"(ga) any offence under any of sections 17 to 23, 49 to 55, 58 to 60, 67 to 70, 72 and 73 of the Sexual Offences Act 2003."

13 Nov 2003 : Column 1663


(3) In Article 23 (protection of child complainants and other child witnesses)—
(a) in paragraph (3), after sub-paragraph (c) insert—
"(cc) any offence under any of sections 17 to 23, 49 to 55, 58 to 60, 67 to 73 of the Sexual Offences Act 2003;";
(b) in paragraph (4)(a), after "(3)(a)" insert "or (cc)"."
282Page 96, line 33, at beginning insert—
"(1) The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.
(2) In section 91 (power to detain offenders under 18 convicted of certain offences), for subsection (1)(b) and (c) substitute— (b) an offence under section 4 of the Sexual Offences Act 2003 (in this section, "the 2003 Act") (sexual assault); or


    (c) an offence under section 14 of the 2003 Act (child sex offences committed by children or young persons); or


    (d) an offence under section 27 of the 2003 Act (sexual activity with a child family member); or


    (e) an offence under section 28 of the 2003 Act (inciting a child family member to engage in sexual activity)."


(3) In section 109 (life sentence for second serious offence), in subsection (5), after paragraph (f) insert— (fa) an offence under section 1 or 3 of the Sexual Offences Act 2003 (in this section, "the 2003 Act") (rape, assault by penetration);


    (fb) an offence under section 5 of the 2003 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;


    (fc) an offence under section 6 or 7 of the 2003 Act (rape of a child under 13, assault of a child under 13 by penetration);


    (fd) an offence under section 9 of the 2003 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;


    (fe) an offence under section 32 of the 2003 Act (sexual activity with a person with a mental disorder), where the touching involved penetration within subsection (4)(a) to (d) of that section;


    (ff) an offence under section 33 of the 2003 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;


    (fg) an attempt to commit an offence within any of paragraphs (fa) to (ff);".


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