Vote Bundle Text (990204-02)

Amendments proposed to the Sexual Offences (amendment) Bill - continued	House of Commons

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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 fourteen 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.'.

Failure to report commission of sexual offences

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

NC8

To move the following Clause:—

'( ) (1) It shall be an offence for a person aged 18 or over in a position of trust in relation to persons under 18 as defined by section (meaning of 'position of trust' for purposes of failure to report commission of sexual offences) below to fail to report the commission of sexual offences against such persons to the police when he knows or believes that such offences have taken place.

(2) A person guilty of an offence under this section 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 two years, or to a fine, or to both.'.

Meaning of 'Position of Trust' for purposes of failure to report commission of sexual offences

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

NC9

To move the following Clause:—

'( ) (1) For the purpose of section (failure to report commission of sexual offences) above, a person aged 18 or over is in a position of trust in relation to a person under that age if any of the three conditions set out below, or any condition specified in an order made by the Secretary of State by statutory instrument, is fulfilled.

(2) The first condition is that the person over 18 looks after persons under that age who are detained in an institution by virtue of an order of a court or under an enactment and the person against whom a sexual offence has been committed is so detained in that institution.

(3) The second condition is that the person over 18 looks after persons under 18 who are resident in a home or other place in which—

(a) accommodation and maintenance are provided by an authority under section 23(2) of the Children Act 1989 or Article 27(2) of the Children (Northern Ireland) Order 1995;

(b) accommodation is provided by a voluntary organisation under section 59(1) of that Act or Article 75(1) of that Order; or

and the person against whom a sexual offence has been committed is resident , and is so provided with accommodation and maintenance or accommodation in that place.

(4) The third condition is that the person over 18 looks after persons under 18 who are accommodated and cared for in an institution which is

(a) a hospital;

(b) a residential care home, nursing home, mental nursing home or private hospital;

(d) a home provided under section 82(5) of the Children Act 1989

and the person against whom a sexual offence has been committed is accommodated and cared for in that institution.

(5) A person looks after persons under 18 for the purposes of this section if he is regularly involved in caring for, training, supervising or being in sole charge of such persons.'.

Pimping: Increased protection for 16 and 17 year old girls

Mr Richard Allan

NC10

To move the following Clause:—

'.—(1) For subsection (1) of section 28 of the Sexual Offences Act 1956 there shall be substituted—

"(1) It is an offence for a person to cause or encourage the commission of unlawful sexual intercourse with a girl under the age of 16 for whom he is responsible.

(1A) It is an offence for a person to cause or encourage the prostitution of or the commission of an indecent assault on a girl under the age of 18 for whom he is responsible."

(2) For subsection (5) of that Act there shall be substituted—

"(5) If on a charge of an offence against a girl under subsection (1) of this section, a girl appears to the court to be under the age of 16 at the time of the offence charged she shall be presumed for the purposes of this section to have been so unless the contrary is proved.

(5A) If on a charge of an offence against a girl under subsection (1A) of this section, a girl appears to the court to be under the age of 18 at the time of the offence charged she shall be presumed for the purposes of this section to have been so unless the contrary is proved.".'.




©Parliamentary copyright 1998	Prepared 4 Feb 1999