Clause 10 - Sexual activity with a child

Sexual Offences Bill [Lords] – in a Public Bill Committee at 11:15 am on 11th September 2003.

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Photo of Annette Brooke Annette Brooke Shadow Spokesperson (Home Affairs) 11:15 am, 11th September 2003

I beg to move amendment No. 157, in

clause 10, page 4, line 19, leave out 'aged 18 or over'.

Photo of Mr Win Griffiths Mr Win Griffiths Labour, Bridgend

With this it will be convenient to discuss the following:

Amendment No. 158, in

clause 10, page 4, line 23, leave out 'B is under 16' and insert—

'A is aged 18 years or over and B is aged between 13 and 16'.

Amendment No. 159, in

clause 10, page 4, line 25, leave out 'B is under 13' and insert—

'A is under 18 years and B is more than 3 years younger than A, and A does not reasonably believe that B is less than 3 years younger than A.'.

Amendment No. 161, in

clause 11, page 4, line 29, leave out 'aged 18 or over'.

Amendment No. 162, in

clause 11, page 4, line 34, leave out 'B is under 16' and insert—

'A is aged 18 years or over and B is aged between 13 and 16'.

Amendment No. 163, in

clause 11, page 4, line 36, before 'B', insert—

'A is under 18 and B is under 16 and A does not reasonably believe that B is 16 or over or,.

(iii) '.

Amendment No. 164, in

clause 11, page 4, line 37, after 'section' insert

'if aged 18 or over at the time of the offence'.

Amendment No. 166, in

clause 12, page 4, line 40, leave out 'aged 18 or over'.

Amendment No. 167, in

clause 12, page 5, line 10, After 'section' insert

'if aged 18 or over at the time of the offence,'.

Amendment No. 169, in

clause 13, page 5, line 16, leave out 'aged 18 or over'.

Amendment No. 170, in

clause 13, page 5, line 26, after 'section' insert

'if aged 18 or over at the time of the offence,'.

New clause 4—Definition of between 13 and 16—

'For the purposes of this Act ''aged between 13 and 16'' refers to persons aged 13, 14 or 15.'.

New clause 5—Penetration involving adult and child—

'(1) A person (A), aged 18 years or over, commits an offence if—

(a) he intentionally penetrates the vagina or anus or mouth of another person (B) with his penis, or

(b) the activity involves penetration of A's vagina or anus or mouth with B's penis,

(c) and the other person (B) is aged between 13 and 16 and A does not reasonably believe that B is 16 or over.

(2) A person guilty of an offence under this section is liable on conviction on indictment, to imprisonment for a term not exceeding 14 years.'.

New clause 6—Penetration involving a child and a child or a young person—

'(1) A person (A), aged below 18 years, commits an offence if—

(a) he intentionally penetrates the vagina or anus or mouth of another person (B) with his penis, or

(b) the activity involves penetration of A's vagina or anus or mouth with B's penis,

(c) and the other person (B) is aged below the age of 16 years and A does not reasonably believe that B is 16 or over.

(2) 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 a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 7 years,

(c) in determination of the sentence, consideration shall be given to the age differential between A and B.

(3) Prior to sentencing, there shall be a comprehensive assessment by a multidisciplinary agency or Youth Offending Team.

(4) Under this clause, a person shall only be subject to notification requirements under part 2 of this Act following an assessment of the risk that he poses to the public.'.

This is another attempt to win the champagne, and it involves many amendments. In the minute or two that we have left I shall explain the background to our approach, and go into the detail when we resume this afternoon.

It may seem that there are a lot of amendments, but they are designed to make clause 14 redundant; to omit that clause, and have everything clearly specified would help considerably. Our concerns result from clause 14 being coupled with other clauses.

It being twenty-five minutes past Eleven o'clock, The Chairman adjourned the Committee without Question put, pursuant to the Standing Order.

Adjourned till this day at half-past Two o'clock.