S.C.B.
Amendment Paper as at
Thursday 18th September 2003
STANDING COMMITTEE B
SEXUAL OFFENCES BILL [LORDS]
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [9th September].
Annette Brooke
Sandra Gidley
231
Clause 47, page 24, line 7, leave out subsection (3).
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."'.
Annette Brooke
Sandra Gidley
232
Clause 47, page 24, line 22, leave out subsection (4).
Sir Paul Beresford
230
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.
(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."
| (b) | In the first line of subsection (7) the words '(2), (6) or (6A)' shall replace '(2) or (6)'.".'. |
Mr Dominic Grieve
Mr Humfrey Malins
237
Clause 48, page 25, line 5, leave out subsection (4).
Mr Hilton Dawson
Annette Brooke
Sandra Gidley
9
Clause 49, page 26, line 26, leave out 'against a person under 16'.
Mr Hilton Dawson
Annette Brooke
Sandra Gidley
10
Clause 49, page 26, line 28, leave out subsections (5) and (6).
Mr Dominic Grieve
Mr Humfrey Malins
238
Clause 50, page 26, line 43, leave out subparagraph (ii).
Annette Brooke
Sandra Gidley
233
Clause 51, page 27, line 8, after 'intentionally', insert 'or knowingly'.
Annette Brooke
Sandra Gidley
234
Clause 52, page 27, line 22, after 'intentionally', insert 'or knowingly'.
Paul Goggins
92
Clause 53, page 27, line 35, leave out 'moving or still'.
Annette Brooke
Sandra Gidley
235
Clause 54, page 28, line 4, after 'intentionally', insert 'or knowingly'.
Annette Brooke
Sandra Gidley
236
Clause 55, page 28, line 14, after 'intentionally', insert 'or knowingly'.
Paul Goggins
93
Clause 58, page 28, line 36, leave out '(A)'.
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.'.
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.'.
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.'.
Paul Goggins
94
Clause 59, page 29, line 14, leave out '(A)'.
Mr Hilton Dawson
Annette Brooke
Sandra Gidley
Mr Dominic Grieve
Mr Humfrey Malins
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
Annette Brooke
Sandra Gidley
Mr Dominic Grieve
Mr Humfrey Malins
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.'.
