Schedule 4 - Other offences for purposes of Part 2

Sexual Offences Bill [Lords] – in a Public Bill Committee on 14th October 2003.

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Amendment moved [this day]: No. 313, in

schedule 4, page 89, line 30, leave out lines 30 and 31 and insert—

'64 Murder.

64A Culpable homicide.

64B Assault.

64C Assault and robbery.

64D Abduction.

64E Plagium.

64F Wrongful imprisonment.

64G Threatening personal violence.

64H Breach of the peace inferring personal violence.

64I Wilful fireraising.

64J Culpable and reckless fireraising.

64K Mobbing and rioting.

64L An offence under section 2 of the Explosive Substances Act 1883 (c.3) (causing explosion likely to endanger life or property).

64M An offence under section 3 of that Act (attempt to cause explosion, or making or keeping explosives with intent to endanger life or property).

64N An offence under section 12 of the Children and Young Persons (Scotland) Act 1937 (c.37) (cruelty to persons under 16).

64O An offence under section 16 of the Firearms Act 1968 (c.27) (possession of firearm with intent to endanger life).

64P An offence under section 16A of that Act (possession of firearm with intent to cause fear of violence).

64Q An offence under section 17(1) of that Act (use of firearm to resist arrest).

64R An offence under section 17(2) of that Act (possession of firearm at time of committing or being arrested for offence specified in Schedule 1 to that Act).

64S An offence under section 18 of that Act (carrying a firearm with criminal intent).

64T An offence under section 1 of the Taking of Hostages Act 1982 (c.28) (hostage-taking).

64U An offence under section 1 of the Aviation Security Act 1982 (c.36) (hijacking).

64V An offence under section 2 of that Act (destroying, damaging or endangering safety of aircraft).

64W An offence under section 3 of that Act (other acts endangering or likely to endanger safety of aircraft).

64X An offence under section 4 of that Act (offences in relation to certain dangerous articles).

64Y An offence under section 105 of the Mental Health (Scotland) Act 1984 (c.36) (ill-treatment of patients).

64Z An offence under section 1 of the Prohibition of Female Circumcision Act 1985 (c.38) (prohibition of female circumcision).

64ZA An offence under section 134 of the Criminal Justice Act 1988 (c.33) (torture).

64ZB An offence under section 1 of the Road Traffic Act 1988 (c.52) (causing death by dangerous driving).

64ZC An offence under section 3A of that Act (causing death by careless driving when under influence of drink or drugs).

64ZD An offence under section 1 of the Aviation and Maritime Security Act 1990 (c.31) (endangering safety at aerodromes).

64ZE An offence under section 9 of that Act (hijacking of ships).

64ZF An offence under section 10 of that Act (seizing or exercising control of fixed platforms).

64ZG An offence under section 11 of that Act (destroying fixed platforms or endangering their safety).

64ZH An offence under section 12 of that Act (other acts endangering or likely to endanger safe navigation).

64ZI An offence under section 13 of that Act (offences involving threats).

64ZJ An offence under Part II of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system).

64ZK An offence under section 7 of the Criminal Law (Consolidation) (Scotland) Act 1995 (c.39) (procuring).

64ZL An offence under section 9 of that Act (permitting girl to use premises for intercourse).

64ZM An offence under section 11 of that Act (trading in prostitution and brothel-keeping).

64ZN An offence under section 12 of that Act (allowing child to be in brothel).

64ZO An offence under section 13(9) of that Act (living on earnings of male prostitution etc.).

64ZP An offence under section 50A of that Act (racially-aggravated harassment).

64ZQ An offence under section 51 or 52 of the International Criminal Court Act 2001 (c.17) (genocide, crimes against humanity, war crimes and related offences), other than one involving murder.

64ZR An offence under section 1 of the International Criminal Court (Scotland) Act 2001 (asp 13) (genocide, crimes against humanity, war crimes and related offences as specified in Schedule 1 to that Act).

64ZS An offence under section 22 of the Criminal Justice (Scotland) Act 2003 (asp 7) (traffic in prostitution etc.).

64ZT An offence to which section 74 of that Act applies (offences aggravated by religious prejudice).

64ZU An offence under section 315 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) (ill-treatment and wilful neglect of mentally disordered person).'.—[Paul Goggins.]

Photo of Roger Gale Roger Gale Conservative, North Thanet 4:30 pm, 14th October 2003

I remind the Committee that with this we are discussing amendment No. 217, in

schedule 4, page 89, line 31, at end insert—

'64A Murder;

64B. Culpable homicide;

64C. Assault;

64D. Assault and robbery;

64E. Abduction;

64F. Plagium;

64G. Wrongful imprisonment;

64H. Threats of personal violence;

64I. Breach of the peace inferring personal violence;

64J. Wilful fireraising resulting in personal injury;

64K. Reckless fireraising resulting in personal injury;

64L. Mobbing and rioting;

64M. An offence under the Children and Young Persons (Scotland) Act 1937;

64N. An offence under section 16 of the Firearms Act 1968 (c.27) (possession of firearm with intent to endanger life).

64O. An offence under section 16A of that Act (possession of firearm with intent to cause fear of violence).

64P. An offence under section 17(1) of that Act (use of firearm to resist arrest).

64Q. An offence under section 17(2) of that Act (possession of firearm at time of committing or being arrested for offence specified in Schedule 1 to that Act).

64R. An offence under section 18 of that Act (carrying a firearm with criminal intent).

64S. An offence under section 1 of the Taking of Hostages Act 1982 (c.28) (hostage-taking).

64T. An offence under section 1 of the Aviation Security Act 1982 (c.36) (hijacking).

64U. An offence under section 2 of that Act (destroying, damaging or endangering safety of aircraft).

64V. An offence under section 3 of that Act (other acts endangering or likely to endanger safety of aircraft).

64W. An offence under section 4 of that Act (offences in relation to certain dangerous articles).

64X. An offence under section 1 of the Prohibition of Female Circumcision Act 1985 (c.38) (prohibition of female circumcision);

64Y. An offence under section 134 of the Criminal Justice Act 1988 (c.33) (torture);

64Z. An offence under section 1 of the Road Traffic Act 1988 (c.52) (causing death by dangerous driving).

64ZA. An offence under section 3A of that Act (causing death by careless driving when under influence of drink or drugs).

64ZB. An offence under section 1 of the Aviation and Maritime Security Act 1990 (c.31) (endangering safety at aerodromes).

64ZC. An offence under section 9 of that Act (hijacking of ships).

64ZD. An offence under section 10 of that Act (seizing or exercising control of fixed platforms).

64ZE. An offence under section 11 of that Act (destroying fixed platforms or endangering their safety).

64ZF. An offence under section 12 of that Act (other acts endangering or likely to endanger safe navigation).

64ZG. An offence under section 13 of that Act (offences involving threats).

64ZH. An offence under section 51 or 52 of the International Criminal Court Act 2001 (c.17) (genocide, crimes against humanity, war crimes and related offences), other than one involving murder.

64ZI. An offence under section 1 of the International Criminal Court (Scotland) Act 2001 (ASP 13) (genocide, crimes against humanity, war crimes and related offences as specified in Schedule 1 to that Act.'.

Government amendment No. 320.

Photo of Paul Goggins Paul Goggins Parliamentary Under-Secretary, Home Office

Before the break, my right hon. and learned Friend the Solicitor-General was reflecting on why it was I who was on my feet. I think that the hon. Member for Woking (Mr. Malins) was reflecting on why his list had such merit and what differences there might be between it and the Government's list. Having had time to reflect on the matter, I decided that his list was good, but that the Government's was better. I hope that the hon. Gentleman will agree.

The purpose of the amendments is to make it easy for sexual offences prevention orders to be made in England, Wales and Northern Ireland against offenders with a conviction for a violent offence in Scotland. It is necessary to introduce them to protect the public from serious sexual harm.

Photo of Humfrey Malins Humfrey Malins Conservative, Woking

I am grateful to the Minister for his observations. Amendment No. 217 was suggested by the Law Society of Scotland, which has worked diligently to prepare a list. However, having heard what the Minister said about it, I am entirely content with his response.

Photo of Dominic Grieve Dominic Grieve Conservative, Beaconsfield

We should put on the record the meaning of plagium before we vote for the amendment. As an English lawyer, I confess that it is a term with which I am unfamiliar. The Solicitor-General kindly explained informally to me what it meant, although it left me none the wiser as to its origin. The Minister may be able to help the Committee by putting that on the record.

Photo of Paul Goggins Paul Goggins Parliamentary Under-Secretary, Home Office

It will be helpful to members of the Committee to know that plagium means child abduction.

Amendment agreed to.

Amendment made: No. 314, in

schedule 4, page 92, line 26, leave out '52' and insert '55'.—[Paul Goggins.]

Schedule 4, as amended, agreed to.

Clauses 103 to 105 ordered to stand part of the Bill.