Amendment text (1 April 2003)

Sexual Offences Bill [HL]— Amendments to be debated in the House of Lords—continued	House of Lords

back to previous amendments

Clause 80

THE LORD NORTHBOURNE
THE LORD LUCAS

400 Page 37, line 9, leave out from "if" to end of line 14 and insert "it is intended to give rise to the sexual arousal of either party"

THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY

401 Page 37, line 10, leave out "reasonable" and insert "right-minded"

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE LORD CAMPBELL OF ALLOWAY

402 Page 37, line 10, leave out "(at least)"

THE LORD THOMAS OF GRESFORD
THE BARONESS WALMSLEY

403 Page 37, line 12, leave out "reasonable" and insert "right-minded"

Clause 81

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE LORD CAMPBELL OF ALLOWAY

404 Page 37, line 19, at end insert—

"(   )   "Mental disability" means a disability or disorder of the mind or brain whether permanent or temporary which results in an impairment or disturbance of mental functioning."

THE LORD NORTHBOURNE
THE LORD LUCAS

405 Page 37, line 28, at end insert "but does not include touching associated with normal medical attention or with appropriate comforting of a troubled child"

THE BARONESS THORNTON

406 Page 37, line 31, at end insert—

"(   )   For the avoidance of doubt, in relation to offences specified in sections 10 to 13, it is not necessary for A to be in any kind of physical proximity to B and the offences can be committed by or through any kind of real or virtual communications device."

Clause 82

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

407 Page 37, line 36, at beginning insert "Subject to subsection (1A),"

408 Page 38, line 6, at end insert—

"(1A)   A person who is under 18 at the relevant date shall only be subject to a notification requirement if in the opinion of the court (in a case within paragraphs (a) to (c) of subsection (1)) or of the police (in a case within paragraph (d) of subsection (1)) it is appropriate."

Schedule 2

THE BARONESS WALMSLEY
THE LORD THOMAS OF GRESFORD

408A Page 68, line 24, leave out "18" and insert "16"

408B Page 68, line 27, leave out "18" and insert "16"

408C Page 68, line 34, leave out "18" and insert "16"

408D Page 69, line 2, leave out "18" and insert "16"

THE LORD FALCONER OF THOROTON

409 Page 70, line 32, leave out "victim of the sex offence was" and insert "offence was an offence against a person"

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE DUKE OF MONTROSE

410 Page 71, line 29, leave out from "rape" to end of line 34

411 Page 71, line 35, leave out from "ravish" to end of line 40

412 Page 71, line 41, leave out from "assault" to end of line 1 on page 72

THE BARONESS WALMSLEY
THE LORD THOMAS OF GRESFORD

412A Page 71, line 43, leave out "18" and insert "16"

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE DUKE OF MONTROSE

413 Page 72, line 3, leave out from "indecency" to end of line 4

THE BARONESS WALMSLEY
THE LORD THOMAS OF GRESFORD

413A Page 72, line 4, leave out "18" and insert "16"

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE DUKE OF MONTROSE

414 Page 72, line 7, leave out "or" and insert "and"

THE BARONESS WALMSLEY
THE LORD THOMAS OF GRESFORD

414A Page 72, line 8, leave out "18" and insert "16"

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE DUKE OF MONTROSE

415 Page 72, line 20, leave out from "(incest)" to end of line 21

416 Page 72, line 22, leave out from "stepchild)" to end of line 23

THE BARONESS WALMSLEY
THE LORD THOMAS OF GRESFORD

416A Page 72, line 37, leave out "18" and insert "16"

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE DUKE OF MONTROSE

417 Page 72, line 38, leave out "or" and insert "and"

THE LORD FALCONER OF THOROTON

418 Page 73, line 4, at end insert—

       "Indecent assault against a female."

419 Page 73, line 7, leave out sub-paragraphs (a) and (b) and 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;

(b)   in any other case—

(i)   the victim was under 18, or

(ii)   the offender, in respect of the offence or finding, is or has been—

(a)(b)(c)
420 Page 73, line 10, at end insert—

       "An offence under section 53 or 54 of that Act (abduction of woman by force for unlawful sexual intercourse)."

421 Page 73, line 11, at end insert "consent was not present or"

THE BARONESS WALMSLEY
THE LORD THOMAS OF GRESFORD

421A Page 73, line 13, leave out "18" and insert "17"

421B Page 73, line 16, leave out "18" and insert "17"

THE LORD FALCONER OF THOROTON

422 Page 73, line 20, at end insert—

       "An offence under section 2 of the Criminal Law Amendment Act 1885 (c. 69) (procuration).

       An offence under section 3 of that Act (procuring defilement of woman by threats or fraud, etc.)."

423 Page 73, line 21, leave out "the Criminal Law Amendment Act 1885 (c. 69)" and insert "that Act"

424 Page 73, line 24, at end insert—

       "An offence under section 7 of that Act (abduction of girl under 18)."

THE BARONESS WALMSLEY
THE LORD THOMAS OF GRESFORD

424A Page 73, line 27, leave out "18" and insert "17"

THE LORD FALCONER OF THOROTON

425 Page 73, line 30, at end insert—

       "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."

426 Page 74, line 3, at end insert—

       "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).

       An offence under Article 123 of that Order (offences against patients)."

427 Page 74, line 8, at end insert—

"67A      An offence under section 17 of this Act (meeting a child following sexual grooming etc.).

67B      An offence under any of sections 18 to 22 of this Act (abuse of trust) if 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.

67C      An offence under section 54 of this Act (paying for sex with a child) if the victim or (as the case may be) other party was under 17.

67D      An offence under section 70 of this Act (exposure) if—

(a)   where the offender was under 18, he is or has been sentenced to imprisonment for a term of at least 12 months;

(b)   in any other case—

(i)   the victim was under 18, or

(ii)   the offender, in respect of the offence or finding, is or has been—

(a)(b)(c) 67E      An offence under section 71 of this Act (voyeurism) if—

(a)   where the offender was under 18, he is or has been sentenced to imprisonment for a term of at least 12 months;

(b)   in any other case—

(i)   the victim was under 18, or

(ii)   the offender, in respect of the offence or finding, is or has been—

(a)(b) 67F      An offence under section 72 or 73 of this Act (intercourse with an animal, sexual penetration of a corpse) if the offender, in respect of the offence or finding, is or has been—

(a)   sentenced to a term of imprisonment, or

(b)   detained in a hospital."

428 Page 74, line 21, after "counselling" insert "or"

429 Page 74, line 32, at end insert—

       "In paragraphs 53 to 67F, "community sentence" has the same meaning as in the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24))."

Clause 84

THE BARONESS WALMSLEY
THE LORD THOMAS OF GRESFORD

430 Page 40, line 1, leave out from "date" to end of line 3 and insert "the notification period shall be defined on an individual basis"

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

431 Page 40, line 3, leave out "one-half of that period" and insert "the period determined by the court or the police"

Clause 85

THE LORD FALCONER OF THOROTON

432 Page 41, line 10, leave out "a" and insert "the"

Clause 88

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE DUKE OF MONTROSE

433 Page 43, line 5, after "State" insert "after consultation with Scottish Ministers"

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE LORD HYLTON

434 Page 43, line 6, after "Kingdom" insert "for more than 72 hours"

After Clause 88

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

435 Insert the following new Clause—

   "Risk assessment of relevant offenders

(1)   A relevant offender may be required by the police to attend a police station in his local police area as specified by the police and to answer questions for the purposes of a risk assessment of the relevant offender.

(2)   A risk assessment for the purposes of subsection (1) shall include an assessment for the purposes of determining whether a chief officer of police will apply for an order under section 103(5) or 110(1)."

Clause 89

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE DUKE OF MONTROSE

436 Page 43, line 27, after "State" insert "after consultation with Scottish Ministers"

Clause 90

THE LORD FALCONER OF THOROTON

437 Page 44, line 22, at the end, insert—

"(d)   making, in respect of a person, an order under section 2, 2A or 20 of the Crime and Disorder Act 1998 (c. 37) (sex offender orders and interim orders made in England and Wales or Scotland) or Article 6 or 6A of the Criminal Justice (Northern Ireland) Order 1998 (S.I. 1998/2839 (N.I. 20)) (sex offender orders and interim orders made in Northern Ireland)."

Clause 93

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER

438 Page 46, line 22, after "87(1)," insert "(Risk assessment of relevant offenders)(1),"

Clause 95

THE BARONESS NOAKES
THE LORD ASTOR OF HEVER
THE DUKE OF MONTROSE

439 Page 47, line 26, after "State" insert "after consultation with Scottish Ministers"