S.C.B.
Amendment Paper as at
Thursday 11th September 2003
STANDING COMMITTEE B
New Amendments handed in are marked thus *
SEXUAL OFFENCES BILL [LORDS]
Mr Dominic Grieve
Mr Humfrey Malins
133
Clause 6, page 3, line 18, after 'if', insert 'as part of an assault'.
Mr Dominic Grieve
Mr Humfrey Malins
134
Clause 7, page 3, line 25, after 'if', insert 'as part of an assault'.
Mr Dominic Grieve
Mr Humfrey Malins
130
Clause 7, page 3, line 27, after 'body', insert 'other than his penis'.
Mr Dominic Grieve
Mr Humfrey Malins
129
Clause 7, page 3, line 28, leave out paragraph (b) and insert '(b) he has neither lawful authority, nor reasonable excuse, and'.
Mr Dominic Grieve
Mr Humfrey Malins
135
Clause 8, page 3, line 33, after 'if', insert 'as part of an assault'.
Annette Brooke
Sandra Gidley
173
Clause 8, page 3, line 36, at end insert—
'( ) Conduct by a person (A) which would otherwise be an offence under subsection 1 of this section against another person (B) is not an offence under this section if—
| (a) | there is no great difference in the ages or the mental and physical maturity of the persons involved, and |
| (b) | B has fully consented to all aspects of the conduct.'. |
Paul Goggins
43
Clause 9, page 4, line 2, leave out '(A)'.
Mr Dominic Grieve
Mr Humfrey Malins
136
Clause 9, page 4, line 2, after 'if', insert 'as part of an assault'.
Mr Dominic Grieve
Mr Humfrey Malins
131
Clause 9, page 4, line 14, after 'body', insert 'other than his penis'.
Annette Brooke
Sandra Gidley
157
Clause 10, page 4, line 19, leave out 'aged 18 or over'.
Mr Dominic Grieve
Mr Humfrey Malins
137
Clause 10, page 4, line 21, at end insert 'causes B harrassment, alarm or distress and'.
Annette Brooke
Sandra Gidley
158
Clause 10, page 4, line 23, leave out 'B is under 16' and insert—
'A is aged 18 years or over and B is aged between 13 and 16'.
Annette Brooke
Sandra Gidley
159
Clause 10, page 4, line 25, leave out 'B is under 13' and insert—
'A is under 18 years and B is more than 3 years younger than A, and A does not reasonably believe that B is less than 3 years younger than A.'.
Mr Dominic Grieve
Mr Humfrey Malins
138
Clause 10, page 4, line 25, at end insert—
'( ) a person does not commit an offence under subsection (1) if—
| (a) | the sexual activity is consentual; |
| (b) | the sexual activity does not involve penetration of the mouth, vagina or anus, and |
| (c) | A was in a pre-existing relationship with B prior to reaching the age of 18 and their sexual activities were not considered a sexual offence under section 14.'. |
Annette Brooke
Sandra Gidley
160
Clause 10, page 4, line 26, leave out from 'offence', to the end of line 27 and insert—
| '(a) | under subsection (1)(c)(i) of this section is liable on conviction on indictment to imprisonment for a term not exceeding 14 years, |
| (b) | under subsection (1)(c)(ii) of this section is liable— |
| (i) | on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; |
| (ii) | on conviction on indictment, to imprisonment for a term not exceeding 7 years, |
| (iii) | in determination of the sentence, consideration must be given to the age differential between A and B. |
(3) 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 multi-disciplinary agency or 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.'. |
Mr Dominic Grieve
Mr Humfrey Malins
139
Clause 10, page 4, line 26, after first 'on' insert—
| '(a) | summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;'. |
Mr Dominic Grieve
Mr Humfrey Malins
132
Clause 10, page 4, line 27, at end add—
'(3) Conduct by A which would otherwise be an offence under this section shall not be an offence if.
| (a) | B is aged between 13 and 16 and A is no more than 3 years older than B. |
| (b) | B has the capacity to consent to that conduct. |
| (c) | B does consent to that conduct. |
| (d) | the conduct does not involve penetration. |
(4) B will be regarded as having the capacity to consent to conduct by A only if B is capable of understanding the nature and implications and reasonably foreseeable consequences of such conduct.'.
Annette Brooke
Sandra Gidley
161
Clause 11, page 4, line 29, leave out 'aged 18 or over'.
Annette Brooke
Sandra Gidley
162
Clause 11, page 4, line 34, leave out 'B is under 16' and insert—
'A is aged 18 years or over and B is aged between 13 and 16'.
Annette Brooke
Sandra Gidley
163
Clause 11, page 4, line 36, before 'B', insert—
'A is under 18 and B is under 16 and A does not reasonably believe that B is 16 or over or,.
Annette Brooke
Sandra Gidley
164
Clause 11, page 4, line 37, after 'section' insert 'if aged 18 or over at the time of the offence'.
Annette Brooke
Sandra Gidley
165
Clause 11, page 4, line 38, at end insert—
'(3) Unless subsection (2) applies, a person guilty of an offence under this section is liable—
| (a) | on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; |
| (b) | on conviction or indictment, to imprisonment for a term not exceeding 7 years. |
(4) 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 multi-disciplinary agency or 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.'. |
Annette Brooke
Sandra Gidley
166
Clause 12, page 4, line 40, leave out 'aged 18 or over'.
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 |
Annette Brooke
Sandra Gidley
167
Clause 12, page 5, line 10, After 'section' insert 'if aged 18 or over at the time of the offence,'.
Annette Brooke
Sandra Gidley
168
Clause 12, page 5, line 14, at end insert—
'(3) Unless subsection (2) applies, a person guilty of an offence under this section is liable—
| (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. |
(4) 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 multi-disciplinary agency or 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.'. |
Annette Brooke
Sandra Gidley
169
Clause 13, page 5, line 16, leave out 'aged 18 or over'.
Paul Goggins
45
Clause 13, page 5, line 19, leave out 'a photograph or pseudo-photograph' and insert 'an image'.
Annette Brooke
Sandra Gidley
170
Clause 13, page 5, line 26, after 'section' insert 'if aged 18 or over at the time of the offence,'.
Annette Brooke
Sandra Gidley
171
Clause 13, page 5, line 30, at end insert—
'(3) Unless subsection (2) applies, a person guilty of an offence under this section is liable—
| (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. |
(4) 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 multi-disciplinary agency or 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.'. |
