HL Deb 13 November 2003 vol 654 cc1659-61

274 Page 95, line 5, leave out paragraphs 19 to 21 and insert—

"Criminal Justice Act 1982 (c. 48)

  1. (1) The Criminal Justice Act 1982 is amended as follows.
  2. (2) In section 35 (abolition of enhanced penalties on subsequent conviction of summary offences) for subsection (3)(a) substitute—
  3. (3) In Part 2 of Schedule 1 (offences excluded from early release provisions), after the entry relating to the Proceeds of Crime Act 2002 (c. 29) insert—

SEXUAL OFFENCES ACT 2003 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)

  1. (1) The Police and Criminal Evidence Act 1984 is amended as follows.
  2. (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. (3) In Schedule 1A (specific arrestable offences), after paragraph 25 insert—
    1. (a) section 67 of the Sexual Offences Act 2003 (sexual activity in public lavatory);
    2. (b) section 68 of that Act (exposure);
    3. (c) section 69 of that Act (voyeurism);
    4. (d) section 71 of that Act (intercourse with an animal); or
    5. (e) section 72 of that Act (sexual penetration of a corpse)."
  4. (4) In Part 2 of Schedule 5 (serious arrestable offences), after the entry relating to the Obscene Publications Act 1959 (c. 66) insert—
  1. 16 Section 1 (rape).
  2. 17 Section 3 (assault by penetration).
  3. 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.
  4. 19 Section 6 (rape of a child under 13).
  5. 20 Section 7 (assault of a child under 13 by penetration).
  6. 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.
  7. 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.
  8. 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.""

Baroness Scotland of Asthal

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 274 and do propose Amendment No. 274A thereto:

274A Schedule 5, Line 3, leave out from beginning to "Part" in line 8 and insert "In the Criminal Justice Act 1982, in"

Moved, That the House do agree with the Commons in their Amendment Nos. 274 and do propose Amendment No. 274A thereto.—(Baroness Scotland of Asthal.)

On Question, Motion agreed to.