Amendments proposed to the Sexual Offences Bill [Lords] - continued	House of Commons
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Paul Goggins

60

Clause     35,     page     18,     line     11,     leave out 'or learning disability'.

   

Paul Goggins

61

Clause     35,     page     18,     line     14,     leave out 'or learning disability'.

   

Paul Goggins

115

Clause     35,     page     18,     line     21,     after 'liable', insert '—

(a)	on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;

(b)

'.

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Paul Goggins

62

Clause     36,     page     18,     line     32,     leave out 'or learning disability'.

   

Paul Goggins

63

Clause     36,     page     18,     line     34,     leave out 'or learning disability'.

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Paul Goggins

64

Clause     37,     page     19,     line     8,     leave out 'or learning disability'.

   

Paul Goggins

65

Clause     37,     page     19,     line     10,     leave out 'or learning disability'.

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Paul Goggins

66

Clause     38,     page     19,     line     26,     leave out from 'it' to 'knowing' in line 27 and insert—

'(i)	when another person (B) is present or is in a place from which A can be observed, and

(ii)

'.

   

Paul Goggins

67

Clause     38,     page     19,     line     32,     leave out 'or learning disability'.

   

Paul Goggins

68

Clause     38,     page     19,     line     34,     leave out 'or learning disability'.

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Paul Goggins

69

Clause     39,     page     20,     line     1,     leave out 'a photograph or pseudo-photograph' and insert 'an image'.

   

Paul Goggins

70

Clause     39,     page     20,     line     7,     leave out 'or learning disability'.

   

Paul Goggins

71

Clause     39,     page     20,     line     9,     leave out 'or learning disability'.

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Paul Goggins

72

Clause     40,     page     20,     line     21,     leave out 'or learning disability'.

   

Paul Goggins

73

Clause     40,     page     20,     line     23,     leave out 'or learning disability'.

   

Annette Brooke
Sandra Gidley

185

*Clause     40,     page     20,     line     24,     at end insert—

    '( )   A person is not guilty of an offence under this section if—

(a)	the touching was for the purpose of sex education, and

(b)	B is a person with profound and multiple disabilities such that they require intensive and intimate support to understand and receive sex education, and

(c)	there is no alternative means of delivering this sex education because of the nature of B's disability, and

(d)	the education is carried out by qualified specialists or by staff who have received training to meet the specific needs of B, and

(e)	the decision to provide such sex education has been recommended by a multi-disciplinary agency.'.

   

Paul Goggins

74

Clause     40,     page     20,     line     26,     leave out 'or learning disability'.

   

Paul Goggins

75

Clause     40,     page     20,     line     28,     leave out 'or learning disability'.

   

Mr Dominic Grieve
Mr Humfrey Malins

146

Clause     40,     page     20,     line     44,     at end insert—

    '(5)   A person is not guilty of an offence under this section if—

(a)	the touching was for the purpose of sex education;

(b)	B is a person with profound or multiple disabilities such that he requires intensive and intimate support to understand or receive sex education;

(c)	there is no alternative means of delivering this sex education because of B's disability and

(d)	the education is carried out by qualified specialists or by staff who have received training to meet the specific needs of B'.

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Paul Goggins

76

Clause     41,     page     21,     line     6,     leave out 'or learning disability'.

   

Paul Goggins

77

Clause     41,     page     21,     line     8,     leave out 'or learning disability'.

   

Annette Brooke
Sandra Gidley

186

*Clause     41,     page     21,     line     9,     at end insert—

    '( )   A person is not guilty of an offence under this section if:

(a)	A's action was for the purpose of sex education and,

(b)	B is a person with profound and multiple disabilities such that they require intensive and intimate support to understand and receive sex education, and

(c)	there is no alternative means of delivering this sex education because of the nature of B's disability, and

(d)	the education is carried out by qualified specialists or by staff who have received training to meet the specific needs of B, and

(e)	the decision to provide such sex education has been recommended by a multi-disciplinary agency.'.

   

Paul Goggins

78

Clause     41,     page     21,     line     11,     leave out 'or learning disability'.

   

Paul Goggins

79

Clause     41,     page     21,     line     13,     leave out 'or learning disability'.

   

Mr Dominic Grieve
Mr Humfrey Malins

147

Clause     41,     page     21,     line     30,     at end insert—

    '(5)   A person is not guilty of an offence under this section if—

(a)	the touching was for the purpose of sex education;

(b)	B is a person with profound or multiple disabilities such that he requires intensive or intimate support to understand and receive sex education;

(c)	there is no alternative means of delivering this sex education because of B's disability and

(d)	the education is carried out by qualified specialists or by staff who have received training to meet the specific needs of B'.

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Paul Goggins

80

Clause     42,     page     21,     line     36,     leave out from 'it' to 'knowing' in line 37 and insert—

'(i)	when another person (B) is present or is in a place from which A can be observed, and

(ii)

'.

   

Paul Goggins

81

Clause     42,     page     21,     line     39,     leave out 'or learning disability'.

   

Paul Goggins

82

Clause     42,     page     21,     line     41,     leave out 'or learning disability'.

   

Paul Goggins

83

Clause     42,     page     21,     line     44,     leave out 'or learning disability'.

   

Paul Goggins

84

Clause     42,     page     21,     line     46,     leave out 'or learning disability'.

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Paul Goggins

85

Clause     43,     page     22,     line     13,     leave out 'a photograph or pseudo-photograph' and insert 'an image'.

   

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'.

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Paul Goggins

90

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

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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."'.

Prepared 11 Sept 2003