S.C.E.
NOTICES OF AMENDMENTS
given up to and including
Thursday 28th January 1999
Mr Paul Boateng
That, during proceedings on the Sexual Offences (Amendment) Bill, the Committee do meet on Tuesdays at half-past Ten o'clock and at half-past Four o'clock and on Thursdays at Nine o'clock and at half-past Four o'clock.
New Amendments handed in are marked thus *
STANDING COMMITTEE E
SEXUAL OFFENCES (AMENDMENT) BILL
Dr Evan Harris
9
*Clause 2, page 2, line 19, at end insert '; or
(d) he was acting with the consent of the person or persons specified in subsection (2A) below.
(2A) The consents are—
(a) subject to paragraphs (b) to (d) of this subsection, the consent of—
(i) each parent (if any) of B who has parental responsibility for him; and
(ii) each guardian (if any) of B;
(b) where a residence order is in force with respect to B, the consent of the person or persons with whom he lives, or is to live, as a result of the order (in substitution for the consents mentioned in paragraph (a) of this subsection);
(c) where a care order is in force with respect to B, the consent of the local authority designated in the order (in addition to the consents mentioned in paragraph (a) of this subsection);
(d) where neither paragraph (b) nor (c) of this subsection applies but a residence order was in force with respect to B immediately before he reached the age of sixteen, the consent of the person or persons with whom he lived, or was to live, as a result of the order (in substitution for the consents mentioned in paragraph (a) of this subsection).
(2B) In this section "guardian", "parental responsibility", "residence order" and "care order" have the same meaning as in the Children Act 1989.'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
1
Clause 2, page 2, leave out lines 20 to 25.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
2
Clause 2, page 2, line 31, leave out 'two' and insert 'five'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
Mr Andrew Robathan
3
Clause 3, page 2, line 40, leave out 'four' and insert 'six'.
Mr Andrew Robathan
6
*Clause 3, page 3, line 22, leave out 'full-time'.
Dr Evan Harris
11
*Clause 3, page 3, line 22, leave out from 'B' to end of line 23 and insert '—
(a) is receiving such education; and
(b) resides in that institution.'.
Mr Richard Allan
10
*Clause 3, page 3, line 23, after 'education', insert 'from A'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
4
Clause 3, page 3, line 23, at end insert—
'(5A) The fifth condition is that A looks after persons under 18 who are members of a church or religious organisation and B is a member of that church or religious organisation.'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
5
Clause 3, page 3, line 23, at end insert—
'(5B) The sixth condition is that A looks after persons under 18 who are members of a youth organisation and B is a member of that youth organisation.'.
Mr Andrew Robathan
7
*Clause 3, page 3, line 23, at end insert—
'(5A) The fifth condition is that A is the step-father, step-brother, adoptive father, uncle or grand uncle of B or is the head of the household in which B resides.'.
Mr Andrew Robathan
8
*Clause 3, page 3, line 23, at end insert—
'(5B) The sixth condition is that A is the godparent of B or the parents of B have otherwise given their consent to A acting in a capacity where he has responsibility for B, such as accompanying B on holiday or to a sporting or social event.'.
Dr Evan Harris
12
*Clause 3, page 3, line 28, leave out ', training, supervising'.
Mr Richard Allan
13
*Clause 3, page 3, line 29, at end insert 'and is acting in loco parentis.'.
Dr Evan Harris
14
*Page 4, line 43, leave out Clause 4.
NEW CLAUSES
Breach of trust aggravated offences
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
NC1
To move the following Clause:—
'.—An offence is aggravated by a breach of trust for the purposes of sections (unlawful sexual intercourse with a girl under 16) to (indecent conduct towards a young child) below if the defendant is aged 18 or over and in a position of trust in relation to the victim and the victim is under 16.'.
Unlawful sexual intercourse with a girl under 16
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
NC2
To move the following Clause:—
'.—(1) A person is guilty of an offence under this section if he commits an offence under section 6 of the Sexual Offences Act 1956 (unlawful sexual intercourse with a girl under the age of 16) which is aggravated by a breach of trust for the purpose of this section.
(2) A person guilty of an offence falling within subsection (1) above shall be liable
(a) on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum, or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding seven years, or to a fine, or to both.'.
Indecent assault
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
NC3
To move the following Clause:—
'.—(1) A person is guilty of an offence under this section if he commits
(a) an offence under section 14 of the Sexual Offences Act 1956 (indecent assault on a man); or
(b) an offence under section 15 of the Sexual Offences Act 1956 (indecent assault on a woman).
(2) A person guilty of an offence falling within subsections (1)(a) or (b) above shall be liable—
(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding fourteen years or to a fine, or to both.'.
Indecent conduct towards a young child
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
NC4
To move the following Clause:—
'.—(1) A person is guilty of an offence under this section if he commits an offence under section 1 of the Indecency with Children Act 1960.
(2) A person guilty of an offence falling within subsection (1) above shall be liable—
(a) on summary conviction, to imprisonment not exceeding six months or to a fine not exceeding the statutory maximum, or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding fourteen years or to a fine, or to both.'.
Intercourse with girl under 16—increase in maximum sentence
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
NC5
*To move the following Clause:—
'In paragraph 10 of Schedule 2 to the Sexual Offences Act 1956 (penalty for offence committed under section 6 (intercourse with girl under sixteen)), for the words "Two years", in both places in which they occur, there shall be substituted the words "Seven years, or to a fine, or to both".'.
