Session 2017-19
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Monday 3 September 2018

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Consideration of Bill (Report Stage)


 

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withdrawn amendments at the end.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

 

NC1

 

Parliamentary Star - white    

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


 
 

Notices of Amendments: 3 September 2018                  

2

 

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

 
 

(b)    

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

 

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

 

1

 

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

 

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

 

3

 

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.


 
 

Notices of Amendments: 3 September 2018                  

3

 

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

 
 

Mrs Maria Miller

 

Liz Saville Roberts

 

Nicky Morgan

 

Mr Andrew Mitchell

 

Jess Phillips

 

Caroline Lucas

Stella Creasy

 

5

 

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

 

7

 

Parliamentary Star - white    

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

 

(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.


 
 

Notices of Amendments: 3 September 2018                  

4

 

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

 
 

(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

 

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

 

6

 

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.

 


 

 

Revised 03 September 2018