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House of Commons

Wednesday 5 September 2018

Consideration of Bill (Report Stage)

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Voyeurism (Offences) (No. 2) Bill

Note

This document includes all amendments tabled to date and includes any

withdrawn amendments at the end. The amendments have been arranged in the

order in which they relate to the Bill.

Stella Creasy

Tonia Antoniazzi

Martin Whitfield

Luciana Berger

Debbie Abrahams

Peter Kyle

Lucy Powell

Rosie Duffield

Jess Phillips

Liz Saville Roberts

Hywel Williams

Jonathan Edwards

Ben Lake

Kerry McCarthy

Caroline Lucas

NC1

To move the following Clause—

“Requirement to amend guidance

The Director of Public Prosecutions shall ensure, within six months of this Act

coming into force, that any guidance issued under section 37A of the Police and

Criminal Evidence Act 1984 is amended to ensure that such guidance specifies

information to be provided to the Director of Public Prosecutions to assist with—

(a)    

the prosecution of an offence under this Act, and

(b)    

the identification of any aggravating factor to an offence under this Act.”

Consideration of Bill (Report Stage): 5 September 2018      

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Voyeurism (Offences) (No. 2) Bill, continued

Member’s explanatory statement

This new clause requires the Director of Public Prosecutions to ensure that guidance provided to

the police is amended to require the police to provide information to assist with the prosecution of

the offences under this Bill or the identification of any aggravating factors.

Mrs Maria Miller

Sir Christopher Chope

Liz Saville Roberts

Nicky Morgan

Mr Andrew Mitchell

Jess Phillips

Caroline Lucas

Stella Creasy

Dr Sarah Wollaston

Wera Hobhouse

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Clause  1,  page  1,  line  9,  leave out “for a purpose mentioned in subsection (3))”

Mrs Maria Miller

Sir Christopher Chope

Liz Saville Roberts

Nicky Morgan

Mr Andrew Mitchell

Jess Phillips

Caroline Lucas

Stella Creasy

Dr Sarah Wollaston

Wera Hobhouse

2

Clause  1,  page  2,  line  1,  leave out paragraph (c)

Mrs Maria Miller

Sir Christopher Chope

Liz Saville Roberts

Nicky Morgan

Mr Andrew Mitchell

Jess Phillips

Caroline Lucas

Stella Creasy

Dr Sarah Wollaston

Wera Hobhouse

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Clause  1,  page  2,  line  6,  leave out subsection (3)

Member’s explanatory statement

As drafted the Bill potentially does not outlaw “upskirting” in certain cases such as for purely

financial motives; or where the motivation is “group bonding” where the identity of the victim is

irrelevant. This amendment makes all “upskirting” an offence.

Consideration of Bill (Report Stage): 5 September 2018      

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Voyeurism (Offences) (No. 2) Bill, continued

Mrs Maria Miller

Liz Saville Roberts

Nicky Morgan

Mr Andrew Mitchell

Jess Phillips

Caroline Lucas

Stella Creasy

Dr Sarah Wollaston

Wera Hobhouse

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Clause  1,  page  2,  line  8,  at end insert—

“(3A)    

It is an offence for a person (A) to disclose an image of another person (B)

recorded during the commission of an offence under subsection (2) if the

disclosure is made without B’s consent.

(3B)    

It is a defence for a person (A) charged with an offence under subsection (3A) to

prove—

(a)    

that disclosure of the image was necessary for the purposes of preventing

or detecting crime, or

(b)    

that A did not disclose the image with the intent of disclosing an image

of another person’s genitals, buttocks or underwear.”

Member’s explanatory statement

As the Bill is currently drafted it would be an offence to take an upskirting picture but not

necessarily an offence for it to be distributed (existing “intimate image” legislation does not

outlaw the distribution in all cases). This amendment makes it an offence to distribute non-

consensual “upskirting” images.

Stella Creasy

Tonia Antoniazzi

Martin Whitfield

Luciana Berger

Debbie Abrahams

Peter Kyle

Lucy Powell

Rosie Duffield

Jess Phillips

Caroline Lucas

Lilian Greenwood

Anna McMorrin

Vernon Coaker

Dame Margaret Hodge

Liz Saville Roberts

Hywel Williams

Jonathan Edwards

Ben Lake

Kerry McCarthy

Christian Matheson

Louise Haigh

Stephen Doughty

Helen Hayes

Tulip Siddiq

Jo Swinson

Melanie Onn

Ann Coffey

Dr Rosena Allin-Khan

Mr Ben Bradshaw

John Woodcock

Gareth Thomas

Liz McInnes

Gill Furniss

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Clause  1,  page  2,  line  13,  at end insert—

“(4A)    

Where a court is considering for the purposes of sentencing the seriousness of an

offence under this section, and either or both of the facts in subsection (4B) are

true, the court—

(a)    

must treat any fact mentioned in subsection (4B) as an aggravating factor

(that is to say, a factor that increases the seriousness of an offence), and

(b)    

must state in open court that the offence is so aggravated.

(4B)    

The facts referred to in subsection (4A) are that—

(a)    

at the time of committing the offence, or immediately before or after

doing so, the offender demonstrated towards the victim of the offence

hostility based on the victim having (or being presumed to have) a

particular sex characteristic, or

Consideration of Bill (Report Stage): 5 September 2018      

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Voyeurism (Offences) (No. 2) Bill, continued

(b)    

the offence was motivated (wholly or partly) by hostility towards persons

of who share a particular sex characteristic, based on them sharing that

characteristic.

(4C)    

For the purposes of subsection (4B), “sex characteristic” means the protected

characteristic of sex in section 11 of the Equality Act 2010.

(4D)    

The Secretary of State shall, within twelve months of Royal Assent being given

to this Act, request that the Law Commission review the provisions of subsections

(4A) to (4C).”

Member’s explanatory statement

This amendment ensures that if the crime is motivated by misogyny then that will be considered by

a court as an aggravating factor when considering the seriousness of the crime for the purposes

of sentencing.

Mrs Maria Miller

Liz Saville Roberts

Nicky Morgan

Mr Andrew Mitchell

Jess Phillips

Caroline Lucas

Stella Creasy

Dr Sarah Wollaston

Wera Hobhouse

4

Clause  1,  page  2,  line  27,  leave out “mentioned in section 67A(3)(a) (sexual

gratification)” and insert “of obtaining sexual gratification”

Sir Christopher Chope

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Clause  1,  page  2,  line  29,  leave out from “the” to end of line 40 and insert “offender

was aged 18 years or older at the time of the offence”.

Member’s explanatory statement

This amendment makes the offence notifiable in all cases when the offence is committed by a

person aged 18 or over and for sexual gratification.