HL Deb 13 November 2003 vol 654 cc1625-6

3 Clause 9, page 4, line 7, leave out from "section," to "if" in line 11

4 Page 4, line 16, at end insert ", is liable, on conviction on indictment, to imprisonment for life.

( ) Unless subsection (2) applies, a person guilty of an offence under this section is liable—

  1. (a) on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both;
  2. (b) on conviction on indictment, to imprisonment for a term not exceeding 14 years."

5 Clause 10, page 4, line 26, after "section" insert ", if the touching involved—

  1. (a) penetration of B's anus or vagina with a part of A's body or anything else,
  2. (b) penetration of B's mouth with A's penis,
  3. (c) penetration of A's anus or vagina with a part of B's body, or
  4. (d) penetration of A's mouth with B's penis,"

6 Page 4, line 27, at end insert—

( ) Unless subsection (2) applies, a person guilty of an offence under this section is liable—

  1. (a) on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both;
  2. (b) on conviction on indictment, to imprisonment for a term not exceeding 14 years."

7 Clause 11, page 4, line 37, after "section" insert ", if the activity caused or incited involved—

  1. (a) penetration of B's anus or vagina,
  2. (b) penetration of B's mouth with a person's penis,
  3. (c)penetration of a person's anus or vagina with a part of B's body or by B with anything else, or
  4. (d) penetration of a person's mouth with B's penis,"

8 Page 4, line 38, at end insert—

( ) Unless subsection (2) applies, a person guilty of an offence under this section is liable—

  1. (a) on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum or both;
  2. (b) on conviction on indictment, to imprisonment for a term not exceeding 14 years."

Baroness Scotland of Asthal

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 3 to 8.

This group of amendments is intended to bring more consistency to the offences in the Bill with respect to the mode of trial. Some offences in the Bill, whether committed against adults or children, are so serious that trial should be on indictment only. Rape and sexual assault by penetration fall into that category.

However, many of the offences in the Bill against children or against vulnerable adults which do not require lack of consent to be proved cover behaviour of a range of seriousness. The amendments would mean that where the specified offence involves penetration by an adult of a child under 16 or of a vulnerable adult, the mode of trial should be on indictment only. Where the activity falls short of penetration, the offence should be triable either way.

Amendments Nos. 3, to 8, 27 to 30, 41 and 42, 48 and 49, 55, 61, 64 and 65, 68 and 69, 101 and 102 and 103 amend the mode of trial for the offences in Clauses9 to 11, 27 and 28, 32 to 37 and 49, so that where the activity does not involve penetration, the offence will be triable either way. Those changes strike a sensible balance between ensuring that manifestly serious cases will always be dealt with at Crown Court while retaining a degree of flexibility about other behaviour that covers a range of seriousness.

I invite your Lordships to accept the amendments for the sake of greater consistency.

Moved, That the House do agree with the Commons in their Amendments Nos. 3 to 8.—(Baroness Scotland of Asthal.)

On Question, Motion agreed to.