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Schedule 5 - Minor and consequential amendments

Sexual Offences Bill [Lords] – in a Public Bill Committee at 5:45 pm on 14th October 2003.

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Photo of Harriet Harman Harriet Harman Solicitor General (Law Officers), Member, Labour Party National Executive Committee 5:45 pm, 14th October 2003

I beg to move amendment No. 328, in

schedule 5, page 93, line 20, at end insert—

'Children and Young Persons Act 1933 (c.12)

1 In Schedule 1 to the Children and Young Persons Act 1933 (offences to which special provisions of that Act apply), for the entry relating to offences under the Sexual Offences Act 1956 (c.69) substitute—

''Any offence against a child or young person under any of sections 1 to 43, 49 to 55, 58 to 62, 68 and 69 of the Sexual Offences Act 2003, or any attempt to commit such an offence.

Any offence under section 63 or 64 of the Sexual Offences Act 2003 where the intended offence was an offence against a child or young person, or any attempt to commit such an offence.''

Visiting Forces Act 1952 (c.67)

2 (1) Paragraph 1 of the Schedule to the Visiting Forces Act 1952 (offences referred to in section 3 of that Act) is amended as follows.

(2) Before subparagraph (a) insert—

''(za) rape and buggery (offences under the law of Northern Ireland);''.

(3) In subparagraph (a), omit ''rape'' and ''buggery''.

(4) In subparagraph (b), after paragraph (xii) insert—

''(xiii) Part 1 of the Sexual Offences Act 2003.''

Army Act 1955 (3 & 4 Eliz.2 c.18)

3 In section 70(4) of the Army Act 1955 (person not to be charged with an offence committed in the United Kingdom where corresponding civil offence is within the subsection)—

(a) omit ''or rape'', and

(b) after ''International Criminal Court Act 2001'' insert ''or an offence under section 1 of the Sexual Offences Act 2003 (rape)''.

Air Force Act 1955 (3 & 4 Eliz 2.c.19)

4 In section 70(4) of the Air Force Act 1955 (person not to be charged with an offence committed in the United Kingdom where corresponding civil offence is within the subsection)—

(a) omit ''or rape'', and

(b) after ''International Criminal Court Act 2001'' insert ''or an offence under section 1 of the Sexual Offences Act 2003 (rape)''.'.

Photo of Roger Gale Roger Gale Conservative, North Thanet

With this it will be convenient to discuss the following: Government amendments Nos. 329 to 351.

Photo of Harriet Harman Harriet Harman Solicitor General (Law Officers), Member, Labour Party National Executive Committee

The amendments simply make minor and consequential amendments to, and repeal provisions in, other legislation. They arise from changes made under the Bill.

Amendment agreed to.

Amendments made: No. 329, in

schedule 5, page 93, line 23, leave out

', 41 to 43, 45, 46A and'

and insert 'and 41 to'.

No. 330, in

schedule 5, page 93, line 24, at end insert—

'Naval Discipline Act 1957 (c.53)

5 In section 48(2) of the Naval Discipline Act 1957 (courts-martial not to have jurisdiction as regards certain offences committed in the United Kingdom)—

(a) omit ''or rape'', and

(b) before ''committed on shore'' insert ''or an offence under section 1 of the Sexual Offences Act 2003 (rape)''.'.

No. 331, in

schedule 5, page 94, line 4, at end insert—

'Firearms Act 1968 (c.27)

6 In Schedule 1 to the Firearms Act 1968 (offences to which section 17(2) of that Act applies), for paragraph 6 substitute—

''6. Offences under any of the following provisions of the Sexual Offences Act 2003—

(a) section 1 (rape);

(b) section 3 (assault by penetration);

(c) section 5 (causing a person to engage in sexual activity without consent), where the activity caused involved penetration within subsection (4)(a) to (d) of that section;

(d) section 6 (rape of a child under 13);

(e) section 7 (assault of a child under 13 by penetration);

(f) section 9 (causing or inciting a child under 13 to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused;

(g) section 32 (sexual activity with a person with a mental disorder), where the touching involved penetration within subsection (4)(a) to (d) of that section;

(h) section 33 (causing or inciting a person with a mental disorder to engage in sexual activity), where an activity involving penetration within subsection (4)(a) to (d) of that section was caused.'' '.

No. 332, in

schedule 5, page 94, line 22, leave out paragraph 13 and insert—

'Rehabilitation of Offenders Act 1974 (c.53)

7 In section 7 of the Rehabilitation of Offenders Act 1974 (limitations on rehabilitation under that Act), in subsection (2), for paragraph (bb) substitute—

''(bb) in any proceedings under Part 2 of the Sexual Offences Act 2003, or on appeal from any such proceedings;''.'.

No. 333, in

schedule 5, page 94, line 25, leave out paragraph 14 and insert—

'(1) The Sexual Offences (Amendment) Act 1976 is amended as follows.

(2) In section 1 (meaning of ''rape''), omit subsection (2).

(3) In section 7 (citation, interpretation etc.)—

(a) for subsection (2) substitute—

''(2) In this Act—

(a) ''a rape offence'' means any of the following—

(i) an offence under section 1 of the Sexual Offences Act 2003 (rape);

(ii) an offence under section 3 of that Act (assault by penetration);

(iii) an offence under section 5 of that Act (causing a person to engage in sexual activity without consent), where the activity caused involved penetration within subsection (4)(a) to (d) of that section;

(iv) an offence under section 6 of that Act (rape of a child under 13);

(v) an offence under section 7 of that Act (assault of a child under 13 by penetration);

(vi) an offence under section 9 of that Act (causing or inciting a child under 13 to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused;

(vii) an offence under section 32 of that Act (sexual activity with a person with a mental disorder), where the touching involved penetration within subsection (4)(a) to (d) of that section;

(viii) an offence under section 33 of that Act (causing or inciting a person with a mental disorder to engage in sexual activity), where an activity involving penetration within subsection (4)(a) to (d) of that section was caused;

(ix) an attempt, conspiracy or incitement to commit an offence within any of paragraphs (i) to (vii);

(x) aiding, abetting, counselling or procuring the commission of such an offence or an attempt to commit such an offence.

(b) the use in any provision of the word ''man'' without the addition of the word ''boy'' does not prevent the provision applying to any person to whom it would have applied if both words had been used, and similarly with the words ''woman'' and ''girl''.'';

(b) omit subsection (3).'.

No. 334, in

schedule 5, page 94, line 32, leave out paragraph 16 and insert—

'Internationally Protected Persons Act 1978 (c.17)

8 In section 1 of the Internationally Protected Persons Act 1978 (attacks and threats of attacks on protected persons)—

(a) in subsection (1)(a)—

(i) omit ''rape,'';

(ii) after ''Explosive Substances Act 1883'' insert ''or an offence listed in subsection (1A)'';

(b) after subsection (1) insert—

''(1A) The offences mentioned in subsection (1)(a) are—

(a) in Scotland or Northern Ireland, rape;

(b) an offence under section 1 or 3 of the Sexual Offences Act 2003;

(c) an offence under section 5 of that Act, where the activity caused involved penetration within subsection (4)(a) to (d) of that section;

(d) an offence under section 6 or 7 of that Act;

(e) an offence under section 9 of that Act, where an activity involving penetration within subsection (3)(a) to (d) of that section was caused;

(f) an offence under section 32 of that Act, where the touching involved penetration within subsection (4)(a) to (d) of that section;

(g) an offence under section 33 of that Act, where an activity involving penetration within subsection (4)(a) to (d) of that section was caused.''

Suppression of Terrorism Act 1978 (c.26)

9 (1) Schedule 1 to the Suppression of Terrorism Act 1978 (offences for the purposes of that Act) is amended as follows.

(2) In paragraph 3, after ''Rape'' insert ''under the law of Scotland or Northern Ireland''.

(3) For paragraph 9 substitute—

''9. An offence under any of the following provisions of the Sexual Offences Act 2003—

(a) sections 1 or 3 (rape, assault by penetration);

(b) section 5 (causing a person to engage in sexual activity without consent), where the activity caused involved penetration within subsection (4)(a) to (d) of that section;

(c) section 6 or 7 (rape of a child under 13, assault of a child under 13 by penetration);

(d) section 9 (causing or inciting a child under 13 to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused;

(e) section 32 (sexual activity with a person with a mental disorder), where the touching involved penetration within subsection (4)(a) to (d) of that section;

(f) section 33 (causing or inciting a person with a mental disorder to engage in sexual activity), where an activity involving penetration within subsection (4)(a) to (d) of that section was caused.'' '.

No. 335, in

schedule 5, page 94, line 36, at end insert—

'Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))

10 In Article 8 of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (limitations on rehabilitation under that Order), in paragraph (2), for subparagraph (bb) substitute—

''(bb) in any proceedings under Part 2 of the Sexual Offences Act 2003, or on appeal from any such proceedings;''.'.

No. 336, in

schedule 5, page 95, line 2, leave out paragraph 18 and insert—

'(1) The Magistrates' Courts Act 1980 is amended as follows.

(2) In section 103 (evidence of persons under 14 in committal proceedings), in subsection (2)(c), after ''the Protection of Children Act 1978'' insert ''or Part 1 of the Sexual Offences Act 2003''.

(3) In Schedule 7 (consequential amendments), omit paragraph 18.'.

No. 337, in

schedule 5, page 95, line 5, leave out paragraphs 19 to 21 and insert—

'Criminal Justice Act 1982 (c.48)

19 In Part 2 of Schedule 1 to the Criminal Justice Act 1982 (offences excluded from early release provisions), after the entry relating to the Proceeds of Crime Act 2002 (c.29) insert—

Sections 1 and 3 (rape, assault by penetration).

Section 5 (causing a person to engage in sexual activity without consent), where the activity caused involved penetration within subsection (4)(a) to (d) of that section.

Sections 6 and 7 (rape of a child under 13, assault of a child under 13 by penetration).

Section 9 (causing or inciting a child under 13 to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused.

Section 32 (sexual activity with a person with a mental disorder), where the touching involved penetration within subsection (4)(a) to (d) of that section.

Section 33 (causing or inciting a person with a mental disorder to engage in sexual activity), where an activity involving penetration within subsection (4)(a) to (d) of that section was caused.''

Police and Criminal Evidence Act 1984 (c.60)

20 (1) The Police and Criminal Evidence Act 1984 is amended as follows.

(2) In section 80(7) (sexual offences for purposes of compellability of spouse), after ''the Protection of Children Act 1978'' insert ''or Part 1 of the Sexual Offences Act 2003''.

(3) In Schedule 1A (specific arrestable offences), after paragraph 25 insert—

26. An offence under—

(a) section 67 of the Sexual Offences Act 2003 (sexual activity in public lavatory);

(b) section 68 of that Act (exposure);

(c) section 69 of that Act (voyeurism);

(d) section 71 of that Act (intercourse with an animal); or

(e) section 72 of that Act (sexual penetration of a corpse).''

(4) In Part 2 of Schedule 5 (serious arrestable offences), after the entry relating to the Obscene Publications Act 1959 (c.66) insert—

16. Section 1 (rape).

17. Section 3 (assault by penetration).

18. Section 5 (causing a person to engage in sexual activity without consent), where the activity caused involved penetration within subsection (4)(a) to (d) of that section.

19. Section 6 (rape of a child under 13).

20. Section 7 (assault of a child under 13 by penetration).

21. Section 9 (causing or inciting a child under 13 to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused.

22. Section 32 (sexual activity with a person with a mental disorder), where the touching involved penetration within subsection (4)(a) to (d) of that section.

23. Section 33 (causing or inciting a person with a mental disorder to engage in sexual activity), where an activity involving penetration within subsection (4)(a) to (d) of that section was caused.'' '.

No. 338, in

schedule 5, page 95, line 14, leave out paragraph 22 and insert—

'(1) The Criminal Justice Act 1988 is amended as follows.

(2) In section 32 (evidence through television links), in subsection (2)(c), after ''the Protection of Children Act 1978'' insert ''or Part 1 of the Sexual Offences Act 2003''.

(3) In section 160(1) (possession of indecent photograph of child), at the beginning insert ''Subject to subsection (1A),''.'.

No. 339, in

schedule 5, page 95, line 17, leave out paragraph 23 and insert—

'Criminal Justice Act 1991 (c.53)

23 In section 34A of the Criminal Justice Act 1991 (power to release short-term prisoners on licence), in subsection (2)(da), for ''Part I of the Sex Offenders Act 1997'' substitute ''Part 2 of the Sexual Offences Act 2003''.'.

No. 340, in

schedule 5, page 95, line 20, leave out paragraph 24 and insert—

'In section 2(1) of the Sexual Offences (Amendment) Act 1992 (offences to which that Act applies)—

(a) after paragraph (d) insert—

''(da) any offence under any of the provisions of Part 1 of the Sexual Offences Act 2003 except section 65, 66, 67 or 71;'';

(b) in paragraph (e) for ''(d)'' substitute ''(da)''.'.

No. 341, in

schedule 5, page 95, line 23, leave out paragraph 25 and insert—

'(1) The Criminal Justice and Public Order Act 1994 is amended as follows.

(2) In section 25 (no bail if previous conviction for certain offences), for subsection (2)(d) and (e) substitute—

''(d) rape under the law of Scotland or Northern Ireland;

(e) an offence under section 1 of the Sexual Offences Act 1956 (rape);

(f) an offence under section 1 of the Sexual Offences Act 2003 (rape);

(g) an offence under section 3 of that Act (assault by penetration);

(h) an offence under section 5 of that Act (causing a person to engage in sexual activity without consent), where the activity caused involved penetration within subsection (4)(a) to (d) of that section;

(i) an offence under section 6 of that Act (rape of a child under 13);

(j) an offence under section 7 of that Act (assault of a child under 13 by penetration);

(k) an offence under section 9 of that Act (causing or inciting a child under 13 to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused;

(l) an offence under section 32 of that Act (sexual activity with a person with a mental disorder), where the touching involved penetration within subsection (4)(a) to (d) of that section;

(m) an offence under section 33 of that Act (causing or inciting a person with a mental disorder to engage in sexual activity), where an activity involving penetration within subsection (4)(a) to (d) of that section was caused;

(n) an attempt to commit an offence within any of paragraphs (d) to (m).''

(3) Omit sections 142 to 144.

(4) In Schedule 10 (consequential amendments) omit paragraphs 26 and 35(2) and (4).'.

No. 342, in

schedule 5, page 95, line 29, at end insert—

'Criminal Law (Consolidation) (Scotland) Act 1995 (c.39)

11 In section 5(6) of the Criminal Law (Consolidation) (Scotland) Act 1995 (which relates to construing the expression ''a like offence''), after paragraph (c) insert ''or

(cc) any of sections 10 to 15 of the Sexual Offences Act 2003;''.'.

No. 343, in

schedule 5, page 95, line 31, leave out paragraph 26 and insert—

'Criminal Injuries Compensation Act 1995 (c.53)

26 In section 11 of the Criminal Injuries Compensation Act 1995 (approval by parliament of certain alterations to the Tariff or provisions of the Scheme)—

(a) in subsection (3)(d), after ''rape'' insert ''or an offence under section 32 of the Sexual Offences Act 2003'';

(b) after subsection (8) insert—

''(9) In subsection (3) ''rape'', in relation to anything done in England and Wales, means an offence under section 1 or 6 of the Sexual Offences Act 2003.''

Sexual Offences (Conspiracy and Incitement) Act 1996 (c.29)

26A In the Schedule to the Sexual Offences (Conspiracy and Incitement) Act 1996 (sexual offences for the purposes of that Act), in paragraph 1—

(a) for subparagraph (1)(b) substitute—

''(b) an offence under any of sections 1 to 13, 15 and 17 to 28 of the Sexual Offences Act 2003.'';

(b) in subparagraph (2), for ''In subparagraph (1)(a), subparagraphs (i), (iv), (v) and (vi) do'' substitute ''Subparagraph (1)(b) does''.

Sexual Offences (Protected Material) Act 1997 (c.39)

26B In the Schedule to the Sexual Offences (Protected Material) Act 1997 (sexual offences for the purposes of that Act)—

(a) after paragraph 5 insert—

''5A. Any offence under any provision of Part 1 of the Sexual Offences Act 2003 except section 65, 66, 67 or 71.'';

(b) in paragraph 6, for ''1 to 5'' substitute ''5 and 5A''.'.

No. 344, in

schedule 5, page 96, line 31, at end insert—

'Youth Justice and Criminal Evidence Act 1999 (c.23)

30A (1) The Youth Justice and Criminal Evidence Act 1999 is amended as follows.

(2) In section 35 (cross examination of child witnesses), in subsection (3)(a), after subparagraph (v) insert ''or

(vi) Part 1 of the Sexual Offences Act 2003;''.

(3) In section 62 (meaning of ''sexual offence'' etc.),for subsection (1) substitute—

''(1) In this Part ''sexual offence'' means any offence under Part 1 of the Sexual Offences Act 2003.'' '.

No. 345, in

schedule 5, page 96, line 33, at beginning insert—

'(1) The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

(2) In section 91 (power to detain offenders under 18 convicted of certain offences), for subsection (1)(b) and (c) substitute—

''(b) an offence under section 4 of the Sexual Offences Act 2003 (in this section, ''the 2003 Act'') (sexual assault); or

(c) an offence under section 14 of the 2003 Act (child sex offences committed by children or young persons); or

(d) an offence under section 27 of the 2003 Act (sexual activity with a child family member); or

(e) an offence under section 28 of the 2003 Act (inciting a child family member to engage in sexual activity).''

(3) In section 109 (life sentence for second serious offence), in subsection (5), after paragraph (f) insert—

''(fa) an offence under section 1 or 3 of the Sexual Offences Act 2003 (in this section, ''the 2003 Act'') (rape, assault by penetration);

(fb) an offence under section 5 of the 2003 Act (causing a person to engage in sexual activity without consent), where the activity caused involved penetration within subsection (4)(a) to (d) of that section;

(fc) an offence under section 6 or 7 of the 2003 Act (rape of a child under 13, assault of a child under 13 by penetration);

(fd) an offence under section 9 of the 2003 Act (causing or inciting a child under 13 to engage in sexual activity), where an activity involving penetration within subsection (3)(a) to (d) of that section was caused;

(fe) an offence under section 32 of the 2003 Act (sexual activity with a person with a mental disorder), where the touching involved penetration within subsection (4)(a) to (d) of that section;

(ff) an offence under section 33 of the 2003 Act (causing or inciting a person with a mental disorder to engage in sexual activity), where an activity involving penetration within subsection (4)(a) to (d) of that section was caused;

(fg) an attempt to commit an offence within any of paragraphs (fa) to (ff);''.

(4) In section 161 (definition of ''sexual offence'' etc.),in subsection (2)—

(a) after paragraph (f) insert—

''(fa) an offence under any provision of Part 1 of the Sexual Offences Act 2003 except section 54, 55 or 67;'';

(b) in paragraph (g), for ''(a) to (f)'' substitute ''(f) and (fa)''.

(5)'.

No. 346, in

schedule 5, page 96, line 33, leave out from '9' to end.

No. 347, in

schedule 5, page 96, line 36, leave out paragraph 32.

No. 348, in

schedule 5, page 97, line 2, leave out paragraph 33 and insert—

'33 (1) The Criminal Justice and Courts Services Act 2000 is amended as follows.

(2) Omit sections 39 and 66.

(3) In section 68 (sexual and violent offenders for the purposes of risk assessment etc.),in subsection (2), for ''Part I of the Sex Offenders Act 1997'' substitute ''Part 2 of the Sexual Offences Act 2003''.

(4) In section 69 (duties of local probation boards in connection with victims of certain offences), in subsection (8)(b), for ''Part I of the Sex Offenders Act 1997'' substitute ''Part 2 of the Sexual Offences Act 2003''.

(5) In Schedule 4 (offences against children for the purposes of disqualification orders)—

(a) in paragraph 1, for subparagraph (m) substitute—

''(m) an offence under any of sections 6 to 28 and 49 to 52 of the Sexual Offences Act 2003 (offences against children).'';

(b) in paragraph 2, for subparagraph (n) substitute—

''(n) an offence under any of sections 1 to 5, 32 to 43, 54, 55, 58 to 62, 68 and 69 of the Sexual Offences Act 2003.'';

(c) in paragraph 3, after subparagraph (s) insert—

''(sa) he commits an offence under section 63 or 64 of the Sexual Offences Act 2003 (committing an offence or trespassing with intent to commit a sexual offence) in a case where the intended offence was an offence against a child.''

(6) Omit Schedule 5.'.

No. 349, in

schedule 5, page 97, line 17, leave out paragraphs 35 and 36 and insert—

'Proceeds of Crime Act 2002 (c.29)

12 (1) Schedule 2 to the Proceeds of Crime Act 2002 (lifestyle offences: England and Wales) is amended as follows.

(2) In paragraph 4, for subparagraph (2) substitute—

''(2) An offence under any of sections 58 to 60 of the Sexual Offences Act 2003 (trafficking for sexual exploitation).''

(3) For paragraph 8 substitute—

''Prostitution and child sex

8 (1) An offence under section 33 or 34 of the Sexual Offences Act 1956 (keeping or letting premises for use as a brothel).

(2) An offence under any of the following provisions of the Sexual Offences Act 2003—

(a) section 15 (arranging or facilitating commission of a child sex offence);

(b) section 50 (causing or inciting child prostitution or pornography);

(c) section 51 (controlling a child prostitute or a child involved in pornography);

(d) section 52 (arranging or facilitating child prostitution or pornography);

(e) section 54 (causing or inciting prostitution for gain);

(f) section 55 (controlling prostitution for gain).'''.

No. 350, in

schedule 5, page 97, line 35, at end insert—

'Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10))

39A In Schedule 2 to the Access to Justice (Northern Ireland) Order 2003, in paragraph 2(d)—

(a) omit subparagraph (x),

(b) omit ''or'' at the end of subparagraph (xi),

(c) at the end of subparagraph (xii) insert ''or

(xiii) under section 90, 91, 95, 98, 102, 106, 107, 112, 116, 121, 123 or 124 of the Sexual Offences Act 2003,''.'.

No. 351, in

schedule 5, page 98, line 1, leave out from '(a)' to 'and' in line 2.—[The Solicitor-General.]

Schedule 5, as amended, agreed to.

Clause 137 ordered to stand part of the Bill.