S.C.B.
NOTICES OF AMENDMENTS
given up to and including
Friday 5th September 2003
New Amendments handed in are marked thus *
STANDING COMMITTEE B
SEXUAL OFFENCES BILL [LORDS]
NOTE
The Amendments have been arranged in accordance with the order to be proposed by Paul Goggins.
Paul Goggins
To move, That the Bill be considered in the following order, namely Clauses 1, 3 to 5, 76 to 78, 2, 6 to 16, 74, 17 to31, 65, 66, 32 to 57, Schedule 1, Clauses 58 to 64, 67 to 73, Schedule 2, Clauses 75, 79 to 81, Schedule 3, Clauses 82 to 102, Schedule 4, Clauses 103 to 136, Schedule 5, Clause 137, Schedule 6, Clauses 138 to 140, new Clauses, new Schedules.
Mr Dominic Grieve
Mr Humfrey Malins
35
*Clause 1, page 1, line 6, after 'vagina', insert 'or'.
Mr Dominic Grieve
Mr Humfrey Malins
34
*Clause 1, page 1, line 6, leave out 'or mouth'.
Mr Dominic Grieve
Mr Humfrey Malins
36
*Clause 1, page 1, line 9, leave out 'reasonably'.
Mr Dominic Grieve
Mr Humfrey Malins
25
*Clause 1, page 1, line 11, after 'circumstances', insert 'of the case and circumstances and characteristics of A'.
Mr Dominic Grieve
Mr Humfrey Malins
29
*Clause 1, page 1, line 11, after 'including', insert 'A's age, mental development, maturity, and'.
Mr Dominic Grieve
Mr Humfrey Malins
37
*Clause 1, page 1, line 13, leave out subsection (3).
Annette Brooke
Sandra Gidley
Simon Hughes
1
*Clause 1, page 1, line 14, after 'liable,', insert 'if aged 18 or over at the time of the offence.'.
Mr Dominic Grieve
Mr Humfrey Malins
22
*Clause 1, page 1, line 14, leave out from 'conviction' to end of line 15 and insert—
| '(a) | if the offence occurs during or after an acknowledged sexual relationship between the parties to a term of 5 years imprisonment. |
| (b) | otherwise, to imprisonment for life.'. |
Annette Brooke
Sandra Gidley
Simon Hughes
2
*Clause 1, page 1, line 15, at end insert—
'(5) Unless subsection (4) applies, a person guilty of an offence under this section—
| (a) | is liaible on conviction on indictment, to imprisonment for a term no exceeding 15 years; |
| (b) | prior to sentencing, shall be subject to a comprehensive assessment by a Youth Offending Team; |
| (c) | shall only be subject to notification requirements under Part 2 of this Act following an assessment of the risk that he poses to the public.'. |
Mr Dominic Grieve
Mr Humfrey Malins
39
*Clause 3, page 2, line 6, leave out paragraph (b).
Mr Dominic Grieve
Mr Humfrey Malins
26
*Clause 3, page 10, line 10, after 'circumstances' insert 'of the case and the circumstances and characteristics of A'.
Mr Dominic Grieve
Mr Humfrey Malins
30
*Clause 3, page 2, line 10, after 'including', insert 'A's age, mental development, maturity, and'.
Annette Brooke
Sandra Gidley
Simon Hughes
3
*Clause 3, page 2, line 13, after 'liable,', insert 'if aged 18 or over at the time of the offence.'.
Annette Brooke
Sandra Gidley
Simon Hughes
4
*Clause 3, page 2, line 14, at end insert—
'(5) Unless subsection (4) applies, a person guilty of an offence under this section—
| (a) | is liaible on conviction on indictment, to imprisonment for a term not exceeding 15 years; |
| (b) | prior to sentencing, shall be subject to a comprehensive assessment by a Youth Offending Team; |
| (c) | shall only be subject to notification requirements under Part 2 of this Act following an assessment of the risk that he poses to the public.'. |
Mr Dominic Grieve
Mr Humfrey Malins
27
*Clause 4, page 2, line 22, after 'circumstances' insert 'of the case and the circumstances and characteristics of A'.
Mr Dominic Grieve
Mr Humfrey Malins
31
*Clause 4, page 2, line 22, after 'including', insert 'A's age, mental development, maturity, and'.
Annette Brooke
Sandra Gidley
Simon Hughes
5
*Clause 4, page 2, line 25, after 'liable,', insert 'if aged 18 or over at the time of the offence.'.
Annette Brooke
Sandra Gidley
Simon Hughes
6
*Clause 4, page 2, line 29, at end insert—
'(5) Unless subsection (4) applies, a person guilty of an offence under this section—
| (a) | on summary conviction, to imprisonment for a term not exceeding 3 months or a fine not exceeding the statutory maximum or both; |
| (b) | on conviction on indictment, to imprisonment for a term not exceeding 5 years; |
| (c) | prior to sentencing, shall be subject to a comprehensive assessment by a Youth Offending Team; |
| (d) | shall only be subject to notification requirements under Part 2 of this Act following an assessment of the risk that he poses to the public.'. |
Mr Dominic Grieve
Mr Humfrey Malins
28
*Clause 5, page 2, line 38, after 'circumstances' insert 'of the case and the circumstances and characteristics of A'.
Mr Dominic Grieve
Mr Humfrey Malins
32
*Clause 5, page 2, line 38, after 'including', insert 'A's age, mental development, maturity, and'.
Annette Brooke
Sandra Gidley
Simon Hughes
7
*Clause 5, page 3, line 9, at end insert—
| '(i) | if aged 18 years or above at the time of the offence, is liable, on conviction on indictment, to imprisonment for life; |
| (ii) | if aged under 18 years at the time of the offence, is liable on conviction on indictment to 15 years.'. |
Annette Brooke
Sandra Gidley
Simon Hughes
8
*Clause 5, page 3, line 10, leave out subsection (5) and insert—
'( ) Unless subsection (4) applies,
| (a) | a person guilty of an offence under this section, if aged 18 years or above at the time of the offence, is liable— |
| (i) | on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both; |
| (ii) | on conviction on indictment, to imprisonment for a term not exceeding 10 years. |
| (b) | a person guilty of an offence under this section, if aged 18 years at the time of the offence, is liable— |
| (i) | on summary conviction, to imprisonment for a term not exceeding 3 months or to a fine not exceeding the statutory maximum or both; |
| (ii) | on conviction on indictment, to imprisonment for a term not exceeding 5 years. |
( ) A person aged below 18 years at the time of the offence—
| (a) | prior to sentencing, shall be subject to a comprehensive assessment by a Youth Offending Team; |
| (b) | shall only be subject to notification requirements under Part 2 of this Act following an assessment of the risk that he poses to the public.'. |
Paul Goggins
41
*Clause 76, page 36, line 36, at end insert—
| '( ) | any person had administered to or caused to be taken by the complainant, without the complainant's consent, a substance which, having regard to when it was administered or taken, was capable of causing or enabling the complainant to be stupefied or overpowered at the time of the relevant act.'. |
Mr Dominic Grieve
Mr Humfrey Malins
33
*Clause 76, page 36, line 36, at end insert—
| '(f) | any person was, at the time of the relevant act or immediately before it began making threats of any description against the complainant or against another person'. |
Mr Dominic Grieve
Mr Humfrey Malins
38
*Clause 77, page 37, line 6, leave out paragraph (b).
Mr Dominic Grieve
Mr Humfrey Malins
23
*Clause 2, page 1, line 17, leave out from 'enjoy' to end of line 18 and insert 'a right to anonymity, from initial accusation to conviction, unless at any time between charge and conclusion of the trial a circuit judge directs otherwise.'.
Mr Dominic Grieve
Mr Humfrey Malins
24
*Clause 2, page 1, line 17, leave out from 'enjoy' to end of line 18 and insert 'a right to anonymity until charged.'.
Paul Goggins
Annette Brooke
Sandrs Gidley
Simon Hughes
42
*Page 1, line 16, leave out Clause 2.
Paul Goggins
43
*Clause 9, page 4, line 2, leave out '(A)'.
Paul Goggins
44
*Clause 12, page 5, line 3, leave out from 'it' to 'knowing' in line 4 and insert—
| '(i) | when another person (B) is present or is in a place from which A can be observed, and |
