Amendments proposed to the Sexual Offences Bill [Lords] - continued	House of Commons
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Mr Hilton Dawson

16

Clause     113,     page     59,     line     24,     leave out '16' and insert '18'.

   

Mr Hilton Dawson

17

Clause     113,     page     59,     line     34,     leave out subsection (6).

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Mr Hilton Dawson

18

Clause     114,     page     60,     line     4,     after 'paragraphs', insert '5 to 9,'.

   

Mr Hilton Dawson

19

Clause     114,     page     60,     line     7,     leave out '16' and insert '18'.

   

Mr Hilton Dawson

20

Clause     114,     page     60,     line     13,     leave out '16' and insert '18'.

   

Mr Hilton Dawson

21

Clause     114,     page     60,     line     18,     leave out '16' and insert '18'.

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Paul Goggins

125

Clause     121,     page     64,     line     11,     leave out '5' and insert '2'.

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Paul Goggins

126

Clause     123,     page     65,     line     17,     leave out '5' and insert '2'.

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NEW CLAUSES

Anonymity of suspects and defendants in certain cases

   

Annette Brooke
Sandra Gidley
Simon Hughes

NC1

To move the following Clause:—

    '(1)   Where an allegation has been made that a person has committed an offence listed in Schedule 3 to the Sex Offenders Act 1997, no matter relating to that person shall be included in any publication if it is likely to lead members of the public to identify that person as the person who is alleged to have committed the offence, until and if that person is charged.

    (2)   If any matter is published or included in a relevant programme in contravention of sub-section (1), the following persons, namely—

(a)	in the case of a publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical;

(b)	in the case of any other publication, the person who publishes it; and

(c)	in the case of matter included in a relevant programme, any body corporate which is engaged in providing the service in which the programme is included and any person having functions in relation to the programme corresponding to those of an editor of a newspaper,

       shall be guilty of an offence.'.

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Disqualification from working with children

   

Sir Paul Beresford

NC2

To move the following Clause:—

    '(1)   Section 28 of the Criminal Justice and Court Services Act 2000 shall be amended as follows.

(a)	Subsection (4) shall read—

    "(4)   Subject to subsection (5), the individual is disqualified from working with children"

(b)	Subsection (5) shall read—

    "(5)   Where—

(a)	an individual believes that he should not be disqualified from working with children then he shall, at the time of advancing a plea in mitigation, apply to the court for a declaration that he is not disqualified,

(b)	a court makes such a declaration then the individual shall not be disqualified from working with children."

(c)	After subsection (5) the following shall be inserted—

    "(5A)   Where an individual applies to the court for a declaration under subsection (5) the court shall hear argument from both the individual and the prosecution.

    (5B)   A court shall only declare that an individual shall not be disqualified from working with children if, having regard to all the circumstances, he is satisfied that the individual is unlikely to commit any further offence against a child.".

(d)	Subsection (6) shall read—

       "Where, in accordance with subsection (5), a court declares that the individual shall not be disqualified from working with children, it must state its reasons for doing so and cause those reasons to be included in the record of the proceedings.".

    (2)   Subsection 30 shall be amended as follows—

(a)	After paragraph (a) under "qualifying sentence" the following shall be added—

(aa)	a community rehabilitation order of twenty-four or more months duration"

(ab)	a community punishment order of one hundred and twenty hours or more duration

(ac)	a community rehabilitation and punishment order where the rehabilitation order component is of at least eighteen months' duration, and the punishment order component is of at least sixty hours duration.".

    (3)   Section 31 shall be amended as follows—

(a)	Subsection (1) shall read—

"An individual may appeal against the refusal of a court to make a declaration under section 28(5) above.".

(b)	After subsection (2) the following shall be inserted—

    "(3)   The prosecution may appeal against the making of a declaration under section 28(5) as if it were an unduly lenient sentence.".'.

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Prostitution by children and young persons

   

Mr Hilton Dawson

NC3

To move the following Clause:—

       'In section 1(1) of the Street Offences Act 1959 (c. 57) (which makes it an offence for a common prostitute to loiter or solicit for the purpose of prostitution) before "to loiter" insert "aged 18 or over".'.

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Definition of between 13 and 16

   

Annette Brooke
Sandra Gidley

NC4

To move the following Clause:—

       'For the purposes of this Act "aged between 13 and 16" refers to persons aged 13, 14 or 15.'.

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Penetration involving adult and child

   

Annette Brooke
Sandra Gidley

NC5

To move the following Clause:—

    '(1)   A person (A), aged 18 years or over, commits an offence if—

(a)	he intentionally penetrates the vagina or anus or mouth of another person (B) with his penis, or

(b)	the activity involves penetration of A's vagina or anus or mouth with B's penis,

(c)	and the other person (B) is aged between 13 and 16 and A does not reasonably believe that B is 16 or over.

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

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Penetration involving a child and a child or a young person

   

Annette Brooke
Sandra Gidley

NC6

To move the following Clause:—

    '(1)   A person (A), aged below 18 years, commits an offence if—

(a)	he intentionally penetrates the vagina or anus or mouth of another person (B) with his penis, or

(b)	the activity involves penetration of A's vagina or anus or mouth with B's penis,

(c)	and the other person (B) is aged below the age of 16 years and A does not reasonably believe that B is 16 or over.

    (2)   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 on indictment, to imprisonment for a term not exceeding 7 years,

(c)	in determination of the sentence, consideration shall be given to the age differential between A and B.

    (3)   Prior to sentencing, there shall be a comprehensive assessment by a multi-disciplinary agency or Youth Offending Team.

    (4)   Under this clause, a person 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.'.

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Pre-existing sexual relationship

   

Annette Brooke
Sandra Gidley

NC7

To move the following Clause:—

    '(1)   Conduct by a person (A) which would otherwise be an offence under section 10 against another person (B) is not an offence under that section if, immediately before A turned 18 years, a consensual sexual relationship existed between A and B.

    (2)   Subsection (1) does not apply if at that time sexual activity between A and B would have been unlawful.

    (3)   In proceedings for an offence under any of section 10 it is for the defendant to prove that such a relationship existed at that time.'.

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RESOLUTION OF THE HOUSE [15TH JULY 2003]

That the following provisions shall apply to the Sexual Offences Bill [Lords]:

Committal

1. The Bill shall be committed to a Standing Committee.

Proceedings in Standing Committee

2. Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on Tuesday 14th October 2003.

3. The Standing Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

4. Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

6. Sessional Order B (programming committees) made on 28th June 2001 shall not apply to proceedings on consideration and Third Reading.

Other proceedings

7. Any other proceedings on the Bill (including any proceedings on consideration of any message from the Lords) may be programmed.

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RESOLUTION OF THE PROGRAMMING SUB-COMMITTEE [9th SEPTEMBER 2003]

    That—   

    (1)   during proceedings on the Sexual Offences Bill [Lords] the Standing Committee shall, in addition to its first meeting on Tuesday 9th September at 9.10 a.m., meet—

(a)	on that day at 2.30 p.m;

(b)	on Thursday 11th September at 9.10 a.m. and 2.30 p.m.;

(c)	on Tuesday 16th September at 9.10 a.m. and 2.30 p.m.;

(d)	on Thursday 18th September at 9.10 a.m and 2.30 p.m;

(e)	on Tuesday 14th October at 10.30 a.m. and 4.30 p.m.; and

    (10)   the proceedings shall be taken in the order shown in the first column of the following Table, and shall (so far as not previously concluded) be brought to a conclusion at the time specified in the second column of the Table.

TABLE

Proceedings	Time for conclusion of proceedings
Clauses 1, 3 to 5, 76 to 78, 2	6.55 p.m. on Tuesday 9th September
Clauses 6 to 16, 74, 17 to 31, 65, 66, 32 to 46	6.55 p.m. on Tuesday 16th September
Clauses 47 to 57, Schedule 1, Clauses 58 to 64, 67 to 73, Schedule 2, Clauses 75, 79 and 80	5.15 p.m. on Thursday 18th September
Clause 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 and any remaining proceedings on the Bill	7 p.m. on Tuesday 14th October

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Prepared 11 Sept 2003