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

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Paul Goggins

86

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

   

Paul Goggins

87

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

   

Paul Goggins

88

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

   

Paul Goggins

89

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


   

Paul Goggins

90

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


   

Paul Goggins

91

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.

          (2)   Subsections (5) and (6) also apply where, in proceedings 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 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.

          (3)   This section applies whether the photograph showed the child alone or with the defendant, but not if it showed any other person.

          (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.

          (2)   This section also 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 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.

          (3)   This section applies whether the photograph showed the child alone or with the defendant, but not if it showed any other person.

          (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—

          "(6A)   Where a person is convicted or cautioned in respect of an offence under section 1(1) of this Act, then any equipment that has been used to take, make, store or distribute indecent images of children shall be forfeited.

          (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

9

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

   

Mr Hilton Dawson

10

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


   

Paul Goggins

92

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


   

Paul Goggins

93

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

   

Mr Hilton Dawson

12

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

94

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

   

Mr Hilton Dawson

13

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

95

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

   

Mr Hilton Dawson

14

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.'.

 
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