NOTICES OF AMENDMENTS
given up to and including
Monday 8th February 1999
COMMITTEE OF THE WHOLE HOUSE
SEXUAL OFFENCES (AMENDMENT) BILL
(Clause 1)
Dr Evan Harris
1
Clause 1, page 1, line 6, after' (buggery);' insert—
'(aa) in sub-paragraphs (a) and (b) of paragraph 3 (buggery) of Schedule 2 (punishments, etc.);'.
Dr Evan Harris
Mr David Borrow
2
Clause 1, page 1, line 9, at end insert—
'( ) In section 12 of the Sexual Offences Act 1956 (buggery)—
(a) at the beginning of subsection (1), there shall be inserted the words "Subject to subsection (1D) below"; and
(b) after subsection (1C), there shall be inserted the following subsection—
"(1D) No proceedings shall be taken under this section against a person under the age of sixteen where the other party has at the time of the offence attained the age of sixteen."
( ) In section 13 of the Sexual Offences Act 1956 (indecency between men)—
(a) at the beginning, there shall be inserted the words "(1) Subject to subsection (2) below"; and
(b) at the end, there shall be inserted the following subsection—
"(2) No proceedings shall be commenced under this section against a person under the age of sixteen where the other party had at the time of the offence attained the age of sixteen.".'.
Dr Evan Harris
3
Clause 1, page 1, line 9, at end insert—
'( ) After section 13 of the Sexual Offences Act 1956 (indecency between men) there shall be inserted the following section—
"Exceptions
Mr Richard Allan
Dr Evan Harris
4
Clause 1, page 1, line 15, at end insert—
'( ) In sub-paragraph (2)(b) (offences in England and Wales) of paragraph 1 of Schedule 1 of the Sex Offenders Act 1997 (sexual offences to which part I applies)—
(a) after the words "(a)(iv)" there shall be inserted the words "and (vii)"; and
(b) after the word "over;" there shall be inserted—
"(bb) paragraph (a)(v) and (vi) does not apply where the other party to the offence was 16 or over".'.
Mr Richard Allan
Dr Evan Harris
5
Clause 1, page 1, line 20, at end insert—
'( ) In sub-paragraph (2)(b) (offences in Scotland) of paragraph 2 of Schedule 1 of the Sex Offenders Act 1997 (sexual offences to which part I applies) for the word "18" there shall be substituted the word "16".'.
Dr Evan Harris
Mr David Borrow
6
Clause 1, page 1, line 20, at end insert '; and after subsection (11) there shall be inserted the following subsection—
"( ) No proceedings for any offence under subsection (5) above which consists of committing a homosexual act shall be commenced against a person under the age of sixteen where the other party had at the time of the commission of the offence attained the age of sixteen.".'.
Mr Richard Allan
Dr Evan Harris
7
Clause 1, page 1, line 23, at end insert—
'( ) In sub-paragraph (2)(b) of paragraph 3 (offences in Northern Ireland) of Schedule 1 of the Sex Offenders Act 1997 (sexual offences to which part I applies)—
(a) for "(d)" there shall be substituted "(i) and (iii)"; and
(b) after the word "over;" there shall be inserted—
"(bb) paragraph (d) does not apply where the other party to the offence was 17 or over.".'.
Dr Evan Harris
Mr David Borrow
8
Clause 1, page 1, line 23, at end insert—
'( ) In paragraph (1) of Article 3 of the Homosexual Offences (Northern Ireland) Order 1982 (homosexual acts in private), after the word "offence" there shall be inserted the word (a) and at the end there shall be inserted—
"(b) by any person who has not attained the age of 17 years if done with a person who has attained that age and where the parties consent thereto.".'.
Dr Evan Harris
9
Clause 1, page 1, line 23, at end insert—
'( ) In Article 3 of the Homosexual Offences (Northern Ireland) Order 1982 (homosexual acts in private), at the end there shall be inserted—
"( ) A man (A) is not guilty of an offence of doing a homosexual act with another man (B) where B is under the age of 17, if A is under the age of 25 and has not previously been charged with a like offence, and he believes B to be of the age of 17 or over and has reasonable cause for the belief.".'.
