S.C.E.
Amendment Paper as at
Tuesday 2nd February 1999
STANDING COMMITTEE E
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.
As an Amendment to Mr Paul Boateng's proposed Sittings Motion:
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
*Line3,at end add 'except on Thursday 18th February when the Committee will meet at half-past Ten o'clock and at half-past Four o'clock.
New Amendments handed in are marked thus *
SEXUAL OFFENCES (AMENDMENT) BILL
(Except Clause 1)
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
Mr Edward Leigh
1
Clause 2, page 2, leave out lines 20 to 25.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
Mr Edward Leigh
2
Clause 2, page 2, line 31, leave out 'two' and insert 'five'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
15
Clause 3, page 2, line 38, after 'section 2', insert 'and (offences aggravated by breach of trust)'.
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.'.
Mr Edward Leigh
16
Clause 3, page 3, line 28, leave out 'regularly'.
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.'.
Mr Paul Boateng
17
Clause 4, page 4, line 45, after 'Wales)' insert—
'(a) in sub-paragraph (1),'.
Mr Paul Boateng
18
Clause 4, page 5, line 3, at end insert 'and
(b) in sub-paragraph (2)(a), for the words "paragraph (a)(iii), (v) and (vi) does not" there shall be substituted the words "paragraphs (a)(iii), (v) and (vi) and (g) do not".'.
Mr Paul Boateng
19
Clause 4, page 5, line 4, after 'Scotland)' insert—
'(a) in sub-paragraph (1),'.
Mr Paul Boateng
20
Clause 4, page 5, line 7, at end insert 'and
(b) in sub-paragraph (2), the word "and" immediately before paragraph (f) shall be omitted and after that paragraph there shall be inserted—
"(g) paragraph (e) does not apply where the offender was under 20."'.
Mr Paul Boateng
21
Clause 4, page 5, line 8, after 'Ireland)' insert—
'(a) in sub-paragraph (1),'.
Mr Paul Boateng
22
Clause 4, page 5, line 12, at end insert 'and
(b) in sub-paragraph (2)(a), for the words "and (d)" there shall be substituted the words ", (d) and (k)".'.
Dr Evan Harris
14
Page 4, line 43, leave out Clause 4.
NEW CLAUSES
Meaning of "sexual offence" for the purposes of certain enactments
Mr Paul Boateng
NC7
To move the following Clause:—
'.—(1) In subsection (1) of section 31 of the Criminal Justice Act 1991 (interpretation of Part I), in the definition of "sexual offence"—
(a) after paragraph (f) there shall be inserted—
"(fa) an offence under section 2 of the Sexual Offences (Amendment) Act 1999;" and
(b) in paragraph (g), for "(f)" there shall be inserted "(fa)".
(2) In subsection (10) of section 210A of the Criminal Procedure (Scotland) Act 1995 (extended sentences for sex and violent offenders), in the definition of "sexual offence" the word "and" immediately before paragraph (xix) shall be omitted and after that paragraph there shall be inserted "and
(xx) an offence under section 2 of the Sexual Offences (Amendment) Act 1999 (abuse of position of trust)."'.
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".'.
Offences aggravated by breach of trust
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
NC6
To move the following Clause:—
'.—(1) An offence is aggravated by a breach of trust for the purposes of this section if—
(a) the person committing the offence is aged 18 or over and in a position of trust in relation to the victim of the offence; and
(b) the victim of the offence is aged under 16.
(2) A person who is guilty of 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 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.
(3) A person who is guilty of an offence under section 14 (indecent assault on a man) or section 15 (indecent assault on a woman) of the Sexual Offences Act 1956 which is aggravated by a breach of trust 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.
(4) A person who is guilty of an offence under section 1 of the Indecency with Children Act 1960 (indecent conduct towards young child) which is aggravated by a breach of trust 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.'.
