S.C.B.
Amendment Paper as at
Tuesday 14th October 2003
STANDING COMMITTEE B
SEXUAL OFFENCES BILL [LORDS]
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [9th September].
Mr Hilton Dawson
Annette Brooke
Sandra Gidley
127
Clause 81, page 38, line 20, after 'A person', insert 'aged 18 or over'.
Mr Dominic Grieve
Mr Humfrey Malins
241
Clause 81, page 38, line 22, at end insert 'but not given an absolute discharge'.
Mr Dominic Grieve
Mr Humfrey Malins
242
Clause 81, page 38, line 26, leave out paragraph (d).
Paul Goggins
259
Schedule 3, page 78, line 36, at end insert 'and—
(a) the conviction, finding or caution was before the commencement of this Part, or
| (ii) | is sentenced in respect of the offence to imprisonment for a term of at least 12 months.' |
Paul Goggins
260
Schedule 3, page 78, line 41, at end insert 'and—
(a) the conviction, finding or caution was before the commencement of this Part, or
| (ii) | is sentenced in respect of the offence to imprisonment for a term of at least 12 months.' |
Paul Goggins
261
Schedule 3, page 79, line 3, at end insert 'and—
(a) the conviction, finding or caution was before the commencement of this Part, or
| (ii) | is sentenced in respect of the offence to imprisonment for a term of at least 12 months.' |
Paul Goggins
262
Schedule 3, page 79, line 6, leave out paragraphs 17 to 19 and insert—
| | '17 | An offence under section 1 or 3 of this Act (rape, assault by penetration). |
| | 18 | An offence under section 4 of this Act (sexual assault) if— |
(a) where the offender was under 18, he is or has been sentenced, in respect of the offence, to imprisonment for a term of at least 12 months;
| (i) | the victim was under 18, or |
| (ii) | the offender, in respect of the offence or finding, is or has been— |
(a) sentenced to a term of imprisonment,
(b) detained in a hospital, or
(c) made the subject of a community sentence of at least 12 months.
| | 19 | An offence under any of sections 5 to 7 of this Act (causing sexual activity without consent, rape of a child under 13, assault of a child under 13 by penetration). |
| | 19A | An offence under section 8 of this Act (sexual assault of a child under 13) if the offender— |
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.
| | 19B | An offence under any of sections 9 to 13 of this Act (causing or inciting a child under 13 to engage in sexual activity, child sex offences committed by adults).'. |
Mr Dominic Grieve
Mr Humfrey Malins
245
Schedule 3, page 79, line 13, leave out sub-paragraph (i).
Mr Dominic Grieve
Mr Humfrey Malins
246
Schedule 3, page 79, line 28, leave out '12' and insert '6'.
Paul Goggins
263
Schedule 3, page 79, line 30, leave out ', where the offender is under 18, he' and insert 'the offender—
Mr Dominic Grieve
Mr Humfrey Malins
247
Schedule 3, page 79, line 39, leave out '12' and insert '6'.
Paul Goggins
264
Schedule 3, page 79, line 39, at end insert—
| | '23A | An offence under section 27 or 28 of this Act (familial child sex offences) if the offender— |
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.'
Paul Goggins
265
Schedule 3, page 79, line 40, leave out '27, 28 or'.
Paul Goggins
266
Schedule 3, page 79, line 40, leave out 'familial child sex offences,'.
Paul Goggins
104
Schedule 3, page 79, line 41, leave out 'or learning disability'.
Paul Goggins
105
Schedule 3, page 79, line 42, leave out 'or learning disability'.
Paul Goggins
106
Schedule 3, page 79, line 45, leave out 'or learning disability'.
Paul Goggins
267
Schedule 3, page 79, line 45, after 'if' insert '—
(a) where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
Paul Goggins
268
Schedule 3, page 80, line 3, leave out from 'least' to end of line 7 and insert '12 months.'.
Paul Goggins
269
Schedule 3, page 80, line 9, at end insert ', and the offender—
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.'.
Paul Goggins
270
Schedule 3, page 80, line 13, at end insert—
'(a) where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
Paul Goggins
271
Schedule 3, page 80, line 20, at end insert '—
(a) where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
Paul Goggins
272
Schedule 3, page 80, line 25, after 'sentenced' insert 'in respect of the offence'.
Paul Goggins
273
Schedule 3, page 80, leave out lines 34 to 38 and insert '12 months.'.
Paul Goggins
274
Schedule 3, page 80, line 40, after 'sentenced' insert 'in respect of the offence'.
Paul Goggins
275
Schedule 3, page 80, line 46, leave out 'or'.
Paul Goggins
276
Schedule 3, page 81, line 1, at end insert ', or
(c) made the subject of a community sentence of at least 12 months.'.
Paul Goggins
277
Schedule 3, page 81, line 3, after 'if' insert '—
(a) where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
Paul Goggins
278
Schedule 3, page 81, leave out lines 17 to 19 and insert 'every person involved in the offence was 16'.
Paul Goggins
279
Schedule 3, page 82, leave out lines 12 to 18 and insert 'every person involved (whether in the offence or in the homosexual act) was 16 or over and was a willing participant'.
Paul Goggins
280
Schedule 3, page 82, line 31, leave out paragraph 59.
Paul Goggins
281
Schedule 3, page 83, line 11, leave out '18' and insert '12'.
Paul Goggins
282
Schedule 3, page 83, line 13, at end insert 'if the offender—
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.'.
Paul Goggins
283
Schedule 3, page 83, line 19, leave out '17' and insert '18, and the offender —
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months'.
Paul Goggins
284
Schedule 3, page 83, line 32, leave out '18' and insert '12'.
Paul Goggins
285
Schedule 3, page 83, line 34, at end insert 'if the offender—
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.'.
Paul Goggins
286
Schedule 3, page 83, line 36, at end insert 'if the offender—
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.'.
Paul Goggins
287
Schedule 3, page 83, line 38, at end insert 'if the offender—
(b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.'.
