Clause 32 - Sexual activity with a person with a mental disorder or learning disability
Sexual Offences Bill [Lords]
4:45 pm
Mr Humfrey Malins (Woking, Conservative)
I wonder whether the Solicitor-General might consider—not now but before Report—whether there are any circumstances under the clause, to which subsection (4) would not apply, in which there could be a not-so-serious offence for which magistrates' powers of sentencing would be sufficient. There is no provision under subsection (3) for magistrates to have sentencing powers, but there might be the occasional case in which the magistrates' powers would be sufficient, so the matter need not be made indictable. I hope that the Solicitor-General will allow that point to be absorbed and respond to it in due course, perhaps by letter.