Vote Bundle Text (930909-03)

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

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Paul Goggins

Clause 43, page 22, line 16, leave out 'or learning disability'.

Paul Goggins

Clause 43, page 22, line 18, leave out 'or learning disability'.

Paul Goggins

Clause 43, page 22, line 21, leave out 'or learning disability'.

Paul Goggins

Clause 43, page 22, line 23, leave out 'or learning disability'.

Paul Goggins

Clause 44, page 23, line 6, leave out 'or learning disability'.

Paul Goggins

Clause 47, page 24, leave out lines 8 to 27 and insert—

'"1A Marriage and other relationships

(1) This section applies where, in proceedings for an offence under section 1(1)(a) of taking or making an indecent photograph of a child, or for an offence under section 1(1)(b) or (c) relating to an indecent photograph of a child, the defendant proves—

(a)	that at the time of the offence charged, he was married to the child, or

(b)	that the photograph was of the child aged 16 or over, and that at the time of the offence charged, the child and he lived together as partners in an enduring family relationship.

(a)	that at the time when he obtained the photograph, he was married to the child, or

(b)	that the photograph was of the child aged 16 or over, and that at the time when he obtained it the child and he lived together as partners in an enduring family relationship.

(4) In the case of an offence under section 1(1)(a), if sufficient evidence is adduced to raise an issue as to whether the child consented to the photograph being taken or made, or as to whether the defendant reasonably believed that the child so consented, the defendant is not guilty of the offence unless it is proved that the child did not so consent and that the defendant did not reasonably believe that the child so consented.

(5) In the case of an offence under section 1(1)(b), the defendant is not guilty of the offence unless it is proved that the showing or distributing was to a person other than the child.

(6) In the case of an offence under section 1(1)(c), if sufficient evidence is adduced to raise an issue both—

(a)	as to whether the child consented to the photograph being in the defendant's possession, or as to whether the defendant reasonably believed that the child so consented, and

(b)	as to whether the defendant had the photograph in his possession with a view to its being distributed or shown to anyone other than the child,

the defendant is not guilty of the offence unless it is proved either that the child did not so consent and that the defendant did not reasonably believe that the child so consented, or that the defendant had the photograph in his possession with a view to its being distributed or shown to a person other than the child."

( ) After section 160 of the Criminal Justice Act 1988 (c.33) (possession of indecent photograph of child) insert—

"160A Marriage and other relationships

(1) This section applies where, in proceedings for an offence under section 160 relating to an indecent photograph of a child, the defendant proves—

(a)	that at the time of the offence charged, he was married to the child, or

(b)	that the photograph was of the child aged 16 or over, and that at the time of the offence charged, the child and he lived together as partners in an enduring family relationship.

(a)	that at the time when he obtained the photograph, he was married to the child, or

(b)	that the photograph was of the child aged 16 or over, and that at the time when he obtained it the child and he lived together as partners in an enduring family relationship.

(4) If sufficient evidence is adduced to raise an issue as to whether the child consented to the photograph being in the defendant's possession, or as to whether the defendant reasonably believed that the child so consented, the defendant is not guilty of the offence unless it is proved that the child did not so consent and that the defendant did not reasonably believe that the child so consented."'.

Sir Paul Beresford

107

*Clause 47, page 24, line 27, at end insert—

'(5) Section 4 of the Protection of Children Act 1978 (c.37) shall be amended as follows—

(a)	After subsection (6) shall be inserted—

(6B) Section 14(1) of the Powers of Criminal Court (Sentencing) Act 2000 (c.6) shall not apply for the purposes of this section".

(b) In the first line of subsection (7) the words "(2), (6) or (6A)" shall replace "(2) or (6)".'.

Paul Goggins

116

*Clause 48, page 24, line 32, leave out from 'child' to end of line 16 on page 25 and insert 'if it is necessary to do so for the purposes of the prevention, detection or investigation of crime, or for the purposes of criminal proceedings, in any part of the world.

( ) It is not an offence under section 1(1)(a) for a member of the Security Service to make an indecent photograph or pseudo-photograph of a child if it is necessary to do so for the exercise of any of the functions of the Service.

( ) It is not an offence under section 1(1)(a) for a member of GCHQ to make an indecent photograph or pseudo-photograph of a child if it is necessary to do so for the exercise of any of the functions of GCHQ (and in this subsection "GCHQ" has the same meaning as in the Intelligence Services Act 1994 (c.13))."'.

Paul Goggins

117

*Clause 48, page 25, line 21, leave out from 'child' to end of line 46 and insert 'if it is necessary to do so for the purposes of the prevention, detection or investigation of crime, or for the purposes of criminal proceedings, in any part of the world.

( ) It is not an offence under Article 3(1)(a) for a member of the Security Service to make an indecent photograph or pseudo-photograph of a child if it is necessary to do so for the exercise of any of the functions of the Service.

( ) It is not an offence under Article 3(1)(a) for a member of GCHQ to make an indecent photograph or pseudo-photograph of a child if it is necessary to do so for the exercise of any of the functions of GCHQ (and in this subsection "GCHQ" has the same meaning as in the Intelligence Services Act 1994 (c.13))."'.

Mr Hilton Dawson

Clause 49, page 26, line 26, leave out 'against a person under 16'.

Mr Hilton Dawson

Clause 49, page 26, line 28, leave out subsections (5) and (6).

Paul Goggins

Clause 53, page 27, line 35, leave out 'moving or still'.

Paul Goggins

Clause 58, page 28, line 36, leave out '(A)'.

Mr Hilton Dawson

Clause 58, page 29, line 12, at end add—

'(3) A person guilty of an offence against a person aged under 18 under this section is liable on conviction on indictment, to imprisonment for a term not exceeding 14 years.'.

Paul Goggins

Clause 59, page 29, line 14, leave out '(A)'.

Mr Hilton Dawson

Clause 59, page 29, line 27, at end add—

'(3) A person guilty of an offence against a person aged under 18 under this section is liable on conviction on indictment, to imprisonment for a term not exceeding 14 years.'.

Paul Goggins

Clause 60, page 29, line 29, leave out '(A)'.

Mr Hilton Dawson

Clause 60, page 29, line 42, at end add—

'(3) A person guilty of an offence against a person aged under 18 under this section is liable on conviction on indictment, to imprisonment for a term not exceeding 14 years.'.

Paul Goggins

118

*Clause 67, page 32, line 32, leave out 'public lavatory' and insert 'lavatory to which the public or a section of the public has or is permitted to have access, whether on payment or otherwise,'.

Paul Goggins

119

*Clause 67, page 32, line 33, leave out 'activity within subsection (2),' and insert 'an activity, and'.

Paul Goggins

120

*Clause 67, page 32, line 35, leave out subsection (2) and insert—

'( ) For the purposes of this section, an activity is sexual if a reasonable person would, in all the circumstances but regardless of any person's purpose, consider it to be sexual.'.