HL Deb 13 November 2003 vol 654 cc1655-9

262 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)."

263 Page 92, line 25, leave out "16" and insert "17"

264 Page 92, line 26, leave out "52" and insert "54"

265 Schedule 5, page 93, line 20, at end insert—

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

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)

(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 sub-paragraph (a) insert— (za) rape and buggery (offences under the law of Northern Ireland);".

(3) In sub-paragraph (a), omit "rape" and "buggery".

(4) In sub-paragraph (b), after paragraph (xii) insert— "(xiii) Part 1 of the Sexual Offences Act 2003."

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

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)—

  1. (a) omit "or rape", and
  2. (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) 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)—

  1. (a) omit "or rape", and
  2. (b) after "International Criminal Court Act 2001" insert "or an offence under section 1 of the Sexual Offences Act 2003 (rape)"."

266 Page 93, line 23, leave out ", 41 to 43, 45, 46A and" and insert "and 41 to"

267 Page 93, line 24, at end insert—

"Naval Discipline Act 1957 (c. 53) 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)—

  1. (a) omit "or rape", and
  2. (b) before "committed on shore" insert "or an offence under section 1 of the Sexual Offences Act 2003 (rape)"."

268 Page 94, line 4, at end insert—

"Firearms Act 1968 (c. 27)

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

  1. (a) section 1 (rape);
  2. (b) section 3 (assault by penetration);
  3. (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;
  4. (d) section 6 (rape of a child under 13);
  5. (e) section 7 (assault of a child under 13 by penetration);
  6. (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;
  7. (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;
  8. (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.""

269 Page 94, line 22, leave out paragraph 13 and insert—

"Rehabilitation of Offenders Act 1974 (c. 53)

( ) 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;".

270 Page 94, line 25, leave out paragraph 14 and insert—

  1. "(1) The Sexual Offences (Amendment) Act 1976 is amended as follows.
  2. (2) In section 1 (meaning of "rape"), omit subsection (2).
    3. 1658
  3. (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—

  1. (i) an offence under section 1 of the Sexual Offences Act 2003 (rape);
  2. (ii) an offence under section 3 of that Act (assault by penetration);
  3. (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;
  4. (iv) an offence under section 6 of that Act (rape of a child under 13);
  5. (v) an offence under section 7 of that Act (assault of a child under 13 by penetration);
  6. (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;
  7. (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;
  8. (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;
  9. (ix) an attempt, conspiracy or incitement to commit an offence within any of paragraphs (i) to (vii);
  10. (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).

271 Page 94, line 32, leave out paragraph 16 and insert—

"Internationally Protected Persons Act 1978 (c. 17) In section 1 of the Internationally Protected Persons Act 1978 (attacks and threats of attacks on protected persons)—

  1. (a) in subsection (l)(a)— (i) omit "rape,"; (ii) after "Explosive Substances Act 1883" insert "or an offence listed in subsection (1 A)";
  2. (b) after subsection (1) insert—
  1. (a) in Scotland or Northern Ireland, rape;
  2. (b) an offence under section 1 or 3 of the Sexual Offences Act 2003;
  3. (c) an offence under section 5 of that Act, where the activity caused involved penetration within subsection (4)(a) to (d) of that section;
  4. (d) an offence under section 6 or 7 of that Act;
  5. (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;
  6. (f) an offence under section 32 of that Act, where the touching involved penetration within subsection (4)(a) to (d) of that section;
  7. (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)

  1. (1) Schedule 1 to the Suppression of Terrorism Act 1978 (offences for the purposes of that Act) is amended as follows.
    2. 1659
  2. (2) In paragraph 3, after "Rape" insert "under the law of Scotland or Northern Ireland".
  3. (3) For paragraph 9 substitute—
  1. (a) sections 1 or 3 (rape, assault by penetration);
  2. (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;
  3. (c) section 6 or 7 (rape of a child under 13, assault of a child under 13 by penetration);
  4. (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;
  5. (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;
  6. (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.""

272 Page 94, line 36, at end insert—

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

In Article 8 of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (limitations on rehabilitation under that Order), in paragraph (2), for sub-paragraph (bb) substitute— (bb) in any proceedings under Part 2 of the Sexual Offences Act 2003, or on appeal from any such proceedings;".

273 Page 95, line 2, leave out paragraph 18 and insert—

  1. "(1) The Magistrates' Courts Act 1980 is amended as follows.
  2. (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. (3) In Schedule 7 (consequential amendments), omit paragraph 18."

Baroness Scotland of Asthal

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 262 to 273.

Moved, That the House do agree with the Commons in their Amendments Nos. 262 to 273.—(Baroness Scotland of Asthal)

On Question, Motion agreed to.