Vote Bundle Text (931103-02)

Amendments proposed to the Sexual Offences Bill, As Amended - continued	House of Commons

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Sexual activity in a public place

Dr Evan Harris

NC10

To move the following Clause:—

'1. A person is guilty of an offence if he intentionally engages in sexual activity in a public place or in a lavatory to which the public or a section of the public has or is permitted to have access, whether on payment or otherwise, which he knows or ought to have known was likely to cause harassment, distress, alarm or offence to any other person and which causes or has caused harassment, distress, alarm or offence to any other person.

2. It is a defence for the accused person to prove—

(a)	that he had no reason to believe that there was any person within sight or hearing who was likely to be caused harassment, distress, alarm or offence; and

(b)	that his conduct was reasonable.

3. A constable may arrest a person without warrant if—

(a)	he engages in sexual activity which the constable warns him to stop; and

(b)	he engages in further sexual activity immediately or shortly after the warning.

4. A person guilty of an offence under this section is liable on summary conviction to imprisonment not exceeding six months or a fine not exceeding level 3 of the standard scale or both.

5. In this section "sexual" is as defined in section 79.'.

Annette Brooke
Sandra Gidley
Mr Mark Oaten

187

Page 3, line 15 [Clause 4], at end insert—

'(c)	a person aged below 18 years at the time of the offence shall be assessed by a multi-disciplinary team and be eligible for treatment, even if he does not subsequently become subject to notification requirements.'.

Mr Secretary Blunkett

Page 4, line 7 [Clause 8], leave out from 'section,' to 'if' in line 11.

Mr Secretary Blunkett

Page 4, line 16 [Clause 8], at end insert ',

is liable, on conviction on indictment, to imprisonment for life.

( ) Unless subsection (2) applies, 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 to a fine not exceeding the statutory maximum or both;

(b)	on conviction on indictment, to imprisonment for a term not exceeding 14 years.'.

Mr Secretary Blunkett

Page 4, line 26 [Clause 9], after 'section', insert ', if the touching involved—

(a)	penetration of B's anus or vagina with a part of A's body or anything else,

(b)	penetration of B's mouth with A's penis,

(c)	penetration of A's anus or vagina with a part of B's body, or

(d)	penetration of A's mouth with B's penis,'.

Mr Secretary Blunkett

Page 4, line 27 [Clause 9], at end insert—

'( ) Unless subsection (2) applies, 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 to a fine not exceeding the statutory maximum or both;

(b)	on conviction on indictment, to imprisonment for a term not exceeding 14 years.'.

Mr Secretary Blunkett

Page 4, line 37 [Clause 10], after 'section', insert ', if the activity caused or incited involved—

(a)	penetration of B's anus or vagina,

(b)	penetration of B's mouth with a person's penis,

(c)	penetration of a person's anus or vagina with a part of B's body or by B with anything else, or

(d)	penetration of a person's mouth with B's penis,'.

Mr Secretary Blunkett

Page 4, line 38 [Clause 10], at end insert—

'( ) Unless subsection (2) applies, 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 to a fine not exceeding the statutory maximum or both;

(b)	on conviction on indictment, to imprisonment for a term not exceeding 14 years.'.

Annette Brooke
Sandra Gidley
Mr Mark Oaten
Dr Evan Harris

116

Page 5, line 34 [Clause 13], leave out '9' and insert '10'.

Mr Dominic Grieve
Mr Humfrey Malins
Mr Oliver Letwin
Mr John Randall

144

Page 5, line 34 [Clause 13], leave out '9 to' and insert '11 and'.

Annette Brooke
Sandra Gidley
Mr Mark Oaten
Dr Evan Harris

117

Page 5, line 34 [Clause 13], at end insert—

'( ) A person under 18 (A) commits an offence if—

(a)	he intentionally touches another person B,

(b)	the touching is sexual,

(c)	B is under 13 or B is over 13 but does not consent to the activity and A does not reasonably believe that B consents.'.

Mr Dominic Grieve
Mr Humfrey Malins
Mr Oliver Letwin
Mr John Randall

145

Page 5, line 34 [Clause 13], at end insert—

'(1A) A person under 18 commits an offence if he does anything which would be an offence under sections 9 and 10 if he were aged 18 save that conduct by a person (A) with another person (B) which would otherwise be an offence under this section shall not be an offence if:

(a)	B is aged between 13 and 16 and A is no more than 2 years older than B,

(b)	B has the capacity to consent to that conduct,

(c)	B does consent to that conduct,

(d)	The conduct does not involve penentration,

(1B) B will be regarded as having the capacity to consent to conduct by A only if B is capable of understanding the nature and implications and reasonably foreseeable consequences of such conduct.'.

Lynne Jones

192

Page 5, line 34 [Clause 13], at end insert—

'( ) A person under the age of 18 does not commit an offence if the sexual activity is consensual and with someone of similar age and is initiated by the participating parties. Exempted sexual activity does not include penetration of the vagina, of the anus or of the mouth by a penis.'.

Mr Hilton Dawson

193

Page 5, line 39 [Clause 13], at end insert—

'(3) In respect of consensual sexual activity any decision about prosecution would be based upon consideration of the best interests of any child involved.'.

Mr Hilton Dawson

196

Page 5, line 39 [Clause 13], at end insert—

'(3) Any decision about prosecution would be based upon consideration of the best interests of any child involved.'.

Mr Secretary Blunkett

Page 6, line 26, leave out Clause 15.

Mr Secretary Blunkett

Page 7, line 23 [Clause 16], leave out '7' and insert '10'.

Mr Secretary Blunkett

Page 11, line 4 [Clause 22], leave out 'subsections (2) to (8)' and insert 'the following subsections'.

Mr Secretary Blunkett

118

Page 11, line 34 [Clause 22], leave out from 'under' to end of line 35 and insert '—

(a)	sections 8 to 10 of the Employment and Training Act 1973 (c.50), or

(b)	section 114 of the Learning and Skills Act 2000 (c.21)

and, in that capacity, looks after B on an individual basis.

( ) This subsection applies if A regularly has unsupervised contact with B (whether face to face or by any other means)—

(a)	in the exercise of functions of a local authority under section 20 or 21 of the Children Act 1989 (c.41), or

(b)	in the exercise of functions of an authority under Article 21 or 23 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)).'.

Mr Secretary Blunkett

Page 11, line 39 [Clause 22], leave out 'alone'.

Mr Secretary Blunkett

Page 12, line 15 [Clause 22], leave out 'alone'.

Mr Secretary Blunkett

Page 12, line 31 [Clause 23], leave out 'alone'.

Annette Brooke
Sandra Gidley
Mr Mark Oaten
Dr Evan Harris

182

Page 14, line 4, leave out Clause 24.

Mr Secretary Blunkett

Page 14, line 7 [Clause 24], leave out from 'if' to end and insert 'at the time —

(a)	B is 16 or over, and

(b)	A and B are lawfully married'.

Mr Secretary Blunkett

Page 14, line 8 [Clause 24], leave out 'A to prove that he' and insert 'the defendant to prove that A'.

Annette Brooke
Sandra Gidley
Mr Mark Oaten

185

Page 14, line 14 [Clause 25], at end insert 'and the relationship commenced before the defendant was aware that he would be in a position of trust.'.

Annette Brooke
Sandra Gidley
Mr Mark Oaten

181

Page 14, line 17 [Clause 25], leave out subsection (3) and insert—

'(3) Subsection (1) does not apply if (A) could have predicted that he would eventually assume a position of trust.'.