Clause 10 - Sexual activity with a child

Part of Sexual Offences Bill [Lords] – in a Public Bill Committee at 3:30 pm on 11 September 2003.

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Photo of Humfrey Malins Humfrey Malins Conservative, Woking 3:30, 11 September 2003

That decision is, in effect, a mixture. If the prosecution says that the offence is so serious that the magistrates' powers are not enough, the magistrates will make a decision based on the prosecutor's representations about whether the case goes to the Crown court, regardless of what the defendant wants. If it is a very minor case—the theft of a bottle of whisky from a supermarket, for example—and the prosecutor says it is so down-market that the powers of the magistrates court are entirely sufficient, funnily enough the defendant still has the right to go to the Crown court. However, when the allegation is serious, the court will make the decision.

I am extremely grateful to the Minister and I do not want to say any more on the matter. We will not press the amendment to a Division, for obvious reasons. It is not the lead amendment, and we look forward to hearing the views of the Minister and his officials in due course. As the lead amendment in the group was tabled by the Liberal Democrats, it might be for the hon. Member for Mid-Dorset and North Poole to formally seek the leave of the Committee to withdraw it.