Amendment Paper as at
Tuesday 18th November 2003
CONSIDERATION OF LORDS AMENDMENTS
New Amendments handed in are marked thus *
SEXUAL OFFENCES BILL [LORDS]
On Consideration of Lords Amendment in lieu of words left out of the Bill by a Commons Amendment, Lords Amendment in lieu of a Commons Amendment, Lords Reason for disagreeing to a Commons Amendment, and Lords Amendments to Commons Amendments to the Sexual Offences Bill [Lords].
Commons Amendment No. 1
Mr Secretary Blunkett
To move, That this House disagrees to the Amendment proposed by the Lords in lieu of the words left out of the Bill by Commons Amendment No. 1.
Annette Brooke
Sandra Gidley
Mr Mark Oaten
To move, That this House disagrees with the Lords Amendment 1A and proposes the following amendment in lieu of the words left out of the Bill by Commons Amendment No. 1.
(a)
*Page 1, line 15, at end insert—
'Anonymity of suspects in certain cases
(1) This section applies (subject to subsections (4) and (5)) where an allegation has been made that a sexual offence under this Act has been committed by a person, the disclosure of whose identity is not otherwise restricted by law.
(2) No matter relating to that person shall intentionally be included in any publication, if it is likely to lead members of the public to identify him as the person who is alleged to have committed the offence, until and unless that person is charged.
(3) The matters relating to a person in relation to which the restrictions imposed by subsection (2) apply, include in particular—
| (c) | the identity of any place of work, and |
| (d) | any still or moving picture of him. |
(4) Subsections (1) and (2) shall not apply, if the person against whom the allegation has been made waives his right to anonymity.
(5) A magistrates' court in England and Wales may, on the application of a police officer of at least the rank of Chief Inspector, by order dispense, to any extent specified in the order, with the restrictions imposed by subsection (2), if it is satisfied that it is in the interests of justice to do so.
(6) The power under subsection (5) of a magistrates' court in England and Wales may be exercised by a single justice.
(7) If a publication includes any matter in contravention of subsection (2)—
| (a) | where the publication is a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical; |
| (b) | where the publication is a relevant programme— |
| (i) | any body corporate or Scottish partnership engaged in providing the programme service in which the programme is included, and |
| (ii) | any person having functions in relating to the programme corresponding to those of an editor of a newspaper; or |
| (c) | in the case of any other publication, the person publishing it, is guilty of an offence. |
(8) A person guilty of an offence under subsection (7), is liable—
| (a) | on summary conviction to— |
| (i) | a sentence of 6 months imprisonment, |
| (ii) | a fine of Level 5 on the Standard scale, or |
| (b) | on conviction on indictment to— |
| (i) | a sentence of 2 years imprisonment, |
(9) In this section—
| (a) | "publication" includes any speech, writing, relevant programme or other communication in whatever form, which is addressed to the public at large or any section of the public (and for this purpose every relevant programme shall be taken to be so addressed), but does not include an indictment or other document prepared for use in particular legal proceedings; |
| (b) | "relevant programme" means a programme included in a programme service, within the meaning of the Communications Act 2003.'. |
Mr Dominic Grieve
David Davis
Mr Humfrey Malins
To move, That this House disagrees with the Lords Amendment 1A and proposes the following amendment in lieu of the words left out of the Bill by Commons Amendment No. 1.
(b)
*Page 1, line 15, at end insert—
'Anonymity of suspects and defendants in certain cases
(1) Subject to subsection (3) where a criminal investigation has begun into whether a person has committed an offence listed in Schedule [Sexual Offences for the purposes of section [Anonymity of suspects and defendants in certain cases], 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 that person is charged or the criminal investigation has been completed and a decision not to prefer charges against that person has been made.
(2) If any matter is published or included in a relevant programme in contravention of subsection (1), the following persons, namely—
| (a) | the author or broadcaster, if the publication or relevant programme took place with their consent, |
| (b) | in the case of a publication in a newspaper or periodical, any proprietor, editor and publisher of such newspaper or periodical, |
| (c) | in the case of any other publication the person who publishes it, and |
| (d) | in the case of a 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, save that in the case of a programme broadcast live, it shall be a defence for any such body corporate or editor to show on the balance of probabilities, that it took such steps as were reasonably practicable to ensure that no matter was included in the programme in contravention of subsection (1); |
shall be guilty of an offence triable summarily and punishable by a fine of level 5 on the standard scale.
(3) Subsection (1) shall not apply—
| (a) | if the person against whom the allegation has been made waives his right to anonymity; or |
| (b) | if it is disapplied in relation to a specific person by a magistrates' court on the application by a police officer of at least the rank of inspector, or a customs and excise officer of equivalent rank. |
(4) In this section the expressions "publication" and "relevant programme" shall have the same meaning as that given to them in section 63(1) of the Youth Justice and Criminal Evidence Act 1999.'.
Mr Dominic Grieve
David Davis
Mr Humfrey Malins
To disagree with the Lords Amendment 1A and propose the following consequential amendment.
(c)
*Page 75, line 1, at end insert—
'SCHEDULE
Sexual offences for purposes of section [Anonymity of suspects and defendants in certain cases]
England and Wales
1 An offence under section 1 of the Sexual Offences Act 1956 (c. 69) (rape).
2 An offence under section 5 of that Act (intercourse with girl under 13).
3 An offence under section 6 of that Act (intercourse with girl under 16), if the offender was 20 or over.
4 An offence under section 10 of that Act (incest by a man).
5 An offence under section 12 of that Act (buggery).
6 An offence under section 13 of that Act (indecency between men)
7 An offence under section 14 of that Act (indecent assault on a woman)
8 An offence under section 15 of that Act (indecent assault on a man).
9 An offence under section 16 of that Act (assault with intent to commit buggery).
10 An offence under section 28 of that Act (causing or encouraging the prostitution of, intercourse with or indecent assault on girl under 16).
11 An offence under section 1 of the Indecency with Children Act 1960 (c.33) (indecent conduct towards young child).
12 An offence under section 54 of the Criminal Law Act 1977 (c.45) (inciting girl under 16 to have incestuous sexual intercourse).
13 An offence under section 1 of the Protection of Children Act 1978 (c. 37) (indecent photographs of children), if the indecent photographs or pseudo-photographs showed persons under 16.
14 An offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) (penalty for fraudulent evasion of duty etc.) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (c.36) (indecent or obscene articles), if the prohibited goods included indecent photographs of persons under 16.
15 An offence under section 160 of the Criminal Justice Act 1988 (c. 33) (possession of indecent photograph of a child), if the indecent photographs or pseudo-photographs showed persons under 16.
16 An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (c. 44) (abuse of position of trust), if the offender was 20 or over.
17 An offence under any of sections 1, 3, 6 and 7 of this Act (rape, assault by penetration).
18 An offence under section 4 or 8 of this Act (sexual assault).
19 An offence under any of sections 5 or 9 to 13 of this Act (causing sexual activity without consent, child sex offences committed by adults).
20 An offence under section 14 of this Act (child sex offences committed by children or young persons),
21 An offence under section 15 of this Act (arranging or facilitating the commission of a child sex offence)
22 An offence under section 17 of this Act (meeting a child following sexual grooming etc).
23 An offence under any of sections 18 to 21 of this Act (abuse of trust).
24 An offence under any of sections 27, 28 or 32 to 39 of this Act (familial child sex offences, offences against persons with a mental disorder or learning disability inducements etc. to persons with mental disorder or learning disability).
25 An offence under any of sections 40 to 43 of this Act (care workers for persons with mental disorder or learning disability).
26 An offence under section 49 of this Act (paying for sexual services of a child).
27 An offence under section 62 of this Act (administering a substance with intent).
28 An offence under section 63 or 64 of this Act (committing an offence or trespassing, with intent to commit a sexual offence)
29 An offence under section 65 or 66 of this Act (sex with an adult relative)
30 An offence under section 68 of this Act (exposure) if
31 An offence under section 69 of this Act (voyeurism) if
32 An offence under section 71 or 72 of this Act (intercourse with an animal, sexual penetration of a corpse)
Scotland
33 Rape.
34 Clandestine injury to women.
35 Abduction of woman or girl with intent to rape.
36 Assault with intent to rape or ravish.
37 Indecent assault.
38 Lewd, indecent or libidinous behaviour or practices.
39 Shameless indecency, if a person (other than the offender) involved in the offence was under 18.
40 Sodomy unless,
| (a) | the offender was under 20 and every other person involved in the offence was a willing participant or |
| (b) | every person (other than the offender) involved in the offence was 18 or over and was a willing participant. |
41 An offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) (penalty for fraudulent evasion of duty etc.) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (c. 36) (indecent or obscene articles), if the prohibited goods included indecent photographs of persons under 16.
42 An offence under section 52 of the Civic Government (Scotland) Act 1982 (c. 45) (taking and distribution of indecent images of children).
43 An offence under section 52A of that Act (possession of indecent images of children).
44 An offence under section 106 of the Mental Health (Scotland) Act 1984 (c. 36) (protection of mentally handicapped females).
45 An offence under section 107 of that Act (protection of patients).
46 An offence under section 1 of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39) (incest), if a person (other than the offender) involved in the offence was under 18.
47 An offence under section 2 of that Act (intercourse with a stepchild), if a person (other than the offender) involved in the offence was under 18.
48 An offence under section 3 of that Act (intercourse with child under 16 by person in position of trust).
49 An offence under section 5 of that Act (unlawful intercourse with girl under 16), save in the case of an offence in contravention of subsection (3) of that section where the offender was under 20.
50 An offence under section 6 of that Act (indecent behaviour towards girl between 12 and 16).
51 An offence under section 8 of that Act (abduction of girl under 18 for purposes of unlawful intercourse).
52 An offence under section 10 of that Act (person having parental responsibilities causing or encouraging sexual activity in relation to a girl under 16).
53 An offence under section 13(5) of that Act (homosexual offences) unless—
| (a) | every person (other than the offender) involved in the offence was 18 or over and was a willing participant, or |
| (b) | the offender was under 20 and either the homosexual act in question— |
| (i) | was an act of sodomy, and every other person involved in the offence was a willing participant; or |
| (ii) | was not an act of sodomy. |
54 An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (c. 44) (abuse of position of trust), where the offender was 20 or over.
55 An offence under section 311(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) (non-consensual sexual acts).
56 An offence under section 313(1) of that Act (persons providing care services; sexual offences).
57 An offence in Scotland other than is mentioned in paragraphs 33 to 56 if the court, in imposing sentence or otherwise disposing of the case, determines for the purposes of this paragraph that there was a significant sexual aspect to the offender's behaviour in committing the offence.
Northern Ireland
58 Rape.
59 Indecent assault upon a female.
60 An offence under section 52 of the Offences against the Person Act 1861 (c.100) (indecent assault upon a female).
61 An offence under section 53 or 54 of that Act (abduction of woman by force for unlawful sexual intercourse).
62 An offence under section 61 of that Act (buggery) if consent was not present or—
| (a) | the offender was 20 or over, and |
| (b) | the victim or (as the case may be) other party was under 17. |
63 An offence under section 62 of that Act of assault with intent to commit buggery if the victim or (as the case may be) other party was under 17.
64 An offence under section 62 of that Act of indecent assault upon a male person.
65 An offence under section 2 of the Criminal Law Amendment Act 1885 (c. 69) (procuration).
66 An offence under section 3 of that Act (procuring defilement of woman by threats or fraud, etc.).
67 An offence under section 4 of that Act of unlawful carnal knowledge of a girl under 14.
68 An offence under section 5 of that Act of unlawful carnal knowledge of a girl under 17, if the offender was 20 or over.
69 An offence under section 7 of that Act (abduction of girl under 18).
70 An offence under section 11 of that Act (homosexual offences) if—
| (a) | the offender was 20 or over, and |
| (b) | the victim or (as the case may be) other party was under 18. |
71 An offence under section 1 of the Punishment of Incest Act 1908 (c. 45) (incest by males), if the victim or (as the case may be) other party was under 18.
72 An offence under section 2 of that Act (incest by females), if the victim or (as the case may be) other party was under 18.
73 An offence under section 21 of the Children and Young Persons Act (Northern Ireland) 1968 (c. 34) (causing or encouraging seduction or prostitution of a girl under 17).
74 An offence under section 22 of that Act (indecent conduct towards a child).
75 An offence under Article 3 of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) (indecent photographs of children).
76 An offence under section 170 of the Customs and Excise Management Act 1979 (c. 2) (penalty for fraudulent evasion of duty etc.) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (c. 36) (indecent or obscene articles), if the prohibited goods included indecent photographs of persons under 16.
77 An offence under Article 9 of the Criminal Justice (Northern Ireland) Order 1980 (S.I. 1980/704 (N.I. 6)) (inciting girl under 16 to have incestuous sexual intercourse).
78 An offence under Article 122 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)) (offences against women suffering from severe mental handicap).
79 An offence under Article 123 of that Order (offences against patients).
80 An offence under Article 15 of the Criminal Justice (Evidence, etc.) (Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17) (possession of indecent photographs of children).
81 An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (c. 44) (abuse of position of trust), if the offender was 20 or over.
82 An offence under Article 19 of the Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247 (N.I. 13)) (buggery) if—
| (a) | the offender was 20 or over, and |
| (b) | the victim or (as the case may be) other party was under 17. |
83 An offence under Article 20 of that Order (assault with intent to commit buggery) if the victim was under 18.
84 An offence under Article 21 of that Order (indecent assault upon a male).
85 An offence under section 17 of this Act (meeting a child following sexual grooming etc.).
86 An offence under any of sections 18 to 21 of this Act (abuse of trust).
87 An offence under section 49 of this Act (paying for sexual services of a child).
88 An offence under section 68 of this Act (exposure).
89 An offence under section 69 of this Act (voyerism).
90 An offence under section 71 or 72 of this Act (intercourse with an animal, sexual penetration of a corpse).
Service offences
91 An offence under—
| (a) | section 70 of the Army Act 1955, |
| (b) | section 70 of the Air Forces Act 1955, or |
| (c) | section 42 of the Naval Discipline Act 1957, |
of which the corresponding civil offence (within the meaning of that Act) is an offence under a provision listed in any of paragraphs 1 to 32.
General
92 A reference in a preceding paragraph to an offence includes—
| (a) | a reference to an attempt, conspiracy or incitement to commit that offence, and |
| (b) | except in paragraphs 33 to 40, reference to aiding, abetting, counselling or procuring the commission of that offence. |
93 A reference in a preceding paragraph to a person's age is—
| (a) | in the case of an indecent photograph, a reference to the person's age when the photograph was taken; |
| (b) | in any other case, a reference to his age at the time of the offence. |
94 In paragraphs 18 to 30—
| (a) | "community sentence", "community rehabilitation order", "community punishment and rehabilitation order" and "supervision order" have the same meaning as in the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6); |
| (b) | a reference to an electronic monitoring requirement means such a requirement imposed under section 36B of that Act. |
95 In paragraphs 53 to 90, "community sentence" has the same meaning as in the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)).
96 For the purposes of paragraphs 14, 41 and 76—
| (a) | a person is to be taken to have been under 16 at any time if it appears from the evidence as a whole that he was under that age at that time; |
| (b) | section 7 of the Protection of Children Act 1978 (c. 37) (interpretation), subsections (2) to (2C) and (8) of section 52 of the Civic Government (Scotland) Act 1982 (c. 45), and Article 2(2) and (3)(b) of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) (interpretation) (respectively) apply as each provision applies for the purposes of the Act or Order of which it forms part. |
97 A determination under paragraph 57 constitutes part of a person's sentence, within the meaning of the Criminal Procedure (Scotland) Act 1995 (c. 46), for the purposes of any appeal or review.'.
