Amendments proposed to the Sexual Offences Bill [lords] - continued	House of Commons
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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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Annette Brooke
Sandra Gidley
Mr Dominic Grieve
Mr Humfrey Malins

197

Clause     44,     page     22,     line     39,     leave out 'regular'.

   

Annette Brooke
Sandra Gidley
Mr Dominic Grieve
Mr Humfrey Malins

198

Clause     44,     page     23,     line     3,     leave out 'regular'.

   

Paul Goggins

90

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

   

Annette Brooke
Sandra Gidley
Mr Dominic Grieve
Mr Humfrey Malins

199

Clause     44,     page     23,     line     8,     leave out 'regular'.

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Paul Goggins

91

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

    '"1AMarriage 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—

    "160AMarriage 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 5 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".

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

(b)

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Sir Paul Beresford

213

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

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

       After subsection (6B) shall be inserted—

    "(6C)   Where equipment has been the subject of forfeiture under section (6A) above, a person, other than the person convicted under section 1, shall be entitled to apply to the relevant magistrates' court for return of the equipment if—

(a)	the equipment forfeited belonged not to the person convicted under section 1 but to the applicant, and

(b)	the applicant did not have knowledge of the taking, making, storing or distributing of indecent images of children, nor could he be reasonably expected to have known.

    (6D)   The burden of proof for the purposes of section (6C) shall be on the applicant, and the standard of proof shall be the preponderence of probabilities.

    (6E)   Where the court is satisfied that the conditions set out in (6C) above are met, they may order the return of the equipment to the applicant so long as any indecent images that remain on the equipment can be permanently erased.".'.

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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).

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Paul Goggins

92

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

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Paul Goggins

93

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

   

Mr Dominic Grieve
Mr Humfrey Malins

222

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

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

   

Mr Hilton Dawson
Annette Brooke
Sandra Gidley

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.'.

   

Annette Brooke
Sandra Gidley

182

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

    '( )   a person who has been subject to trafficking into the UK for sexual exploitation shall be granted humanitarian protection.'.

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Paul Goggins

94

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

   

Mr Hilton Dawson
Annette Brooke
Sandra Gidley

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.'.

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Prepared 16 Sept 2003