HL Deb 13 November 2003 vol 654 cc1630-7

16 Clause 23, page 11, line 4, leave out "subsections (2) to (8)" and insert "the following subsections"

17 Page 11, line 30, at end insert—

( ) This subsection applies if A is appointed to be the guardian of B under Article 159 or 160 of the Children (Northern Ireland) Order 1995 (S.I. 1995/ 755 (N.I. 2)).

18 Page 11, line 32, leave out from "under" to end of line 33 and insert "—

  1. (a) sections 8 to 10 of the Employment and Training Act 1973 (c. 50), or
  2. (b) section 114 of the Learning and Skills Act 2000 (c. 21)

( ) This subsection applies if A regularly has unsupervised contact with B (whether face to face or by any other means)—

  1. (a) in the exercise of functions of a local authority under section 20 or 21 of the Children Act 1989 (c. 41), or
  2. (b) in the exercise of functions of an authority under Article 21 or 23 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2))."

19 Page 11, line 33, at end insert—

( ) This subsection applies if A, as a person who is to report to the court under section 7 of the Children Act 1989 (c. 41) or Article 4 of the Children (Northern Ireland) Order 1995 (S.I.I 995/ 755 (N.I. 2)) on matters relating to the welfare of B, regularly has unsupervised contact with B (whether face to face or by any other means).

20 Page 11, line 39, at end insert—

( ) This subsection applies if—

  1. (a) B is subject to a care order, a supervision order or an education supervision order, and
  2. (b) in the exercise of functions conferred by virtue of the order on an authorised person or the authority designated by the order, A looks after B on an individual basis.

( ) This subsection applies if A—

  1. (a) is an officer of the Service appointed for B under section 41(1) of the Children Act 1989 (c. 41),
  2. (b) is appointed a children's guardian of B under rule 6 or rule 18 of the Adoption Rules 1984 (S.I. 1984/265), or
  3. (c) is appointed to be the guardian ad litem of B under rule 9.5 of the Family Proceedings Rules 1991 (S. I.1991/ 1247) or under Article 60(1) of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)),

21 Clause 24, page 12, line 9, leave out "alone"

22 Page 12, line 23, at end insert—

"care order" has—

  1. (a) in relation to England and Wales, the same meaning as in the Children Act 1989 (c. 41), and
  2. (b) in relation to Northern Ireland, the same meaning as in the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2));"

23 Page 12, line 34, at end insert— "education supervision order" has—

  1. (a) in relation to England and Wales, the meaning given by section 36 of the Children Act 1989 (c. 41), and
  2. (b) in relation to Northern Ireland, the meaning given by Article 49(1) of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2));"

24 Page 13, line 8, at end insert— "supervision order" has—

  1. (a) in relation to England and Wales, the meaning given by section 31(11) of the Children Act 1989 (c. 41), and
  2. (b) in relation to Northern Ireland, the meaning given by Article 49(1) of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2));"

25 Clause 25, page 13, line 18, leave out from "if to end and insert "at the time —

  1. (a) B is 16 or over, and
  2. (b) A and B are lawfully married"

26 Page 13, line 19, leave out "A to prove that he" and insert "the defendant to prove that A"

27 Clause 27, page 14, line 12, after "liable" insert "—

  1. (a) where subsection (6) applies, on conviction on indictment to imprisonment for a term not exceeding 14 years;
  2. (b) in any other case—
    1. (i) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
    2. (ii) "

28 Page 14, line 19, at end insert— (6) This subsection applies where 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."

29 Clause 28, page 14, line 43, after "liable," insert"—

  1. (a) where subsection (6) applies, on conviction on indictment to imprisonment for a term not exceeding 14 years;
  2. (b) in any other case—
    1. (i) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
    2. (ii) "

30 Page 15, line 4, at end insert—

31 Clause 29, page 15, line 13, leave out from beginning to second "or"

32 Page 15, line 18, leave out "partner of the other's parent" and insert "other's step-parent"

33 Page 15, line 40, at beginning insert ""step-parent" includes a parent's partner and"

34 Clause 30, page 15, line 43, leave out from "if" to end of line 44 and insert "at the time—

  1. (a) B is 16 or over, and
  2. (b) A and B are lawfully married"

35 Page 16, line 1, leave out "A to prove that he" and insert "the defendant to prove that A"

36 Clause 32, page 16, line 20, after "of insert "or for a Amendment related to"

37 Page 16, line 20, leave out "or learning disability"

38 Page 16, line 23, leave out "or learning disability"

39 Page 16, line 23, after "it" insert "or for a reason related to it"

40 Page 16, line 28, leave out "possible" and insert "reasonably foreseeable"

41 Page 16, line 31, leave out from "section" to "if in line 35

42 Page 16, line 40, at end insert ", is liable, on conviction on indictment, to imprisonment for life.

( ) Unless subsection (3) 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."

43 Clause 33, page 17, line 7, after "of insert "or for a Amendment related to"

44 Page 17, line 7, leave out "or learning disability"

45 Page 17, line 10, leave out "or learning disability"

46 Page 17, line 10, after "it" insert "or for a reason related to it"

47 Page 17, line 15, leave out "possible" and insert "reasonably foreseeable"

48 Page 17, line 18, leave out from "section" to "if in line 22

49 Page 17, line 27, at end insert ", is liable, on conviction on indictment, to imprisonment for life.

( ) Unless subsection (3) 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."

50 Clause 34, page 17, line 33, leave out from "it" to "knowing" in line 34 and insert—

  1. "(i) when another person (B) is present or is in a place from which A can be observed, and
  2. (ii) "

51 Page 17, line 36, after "of insert "or for a reason related to"

52 Page 17, line 36, leave out "or learning disability"

53 Page 17, line 39, leave out "or learning disability"

54 Page 17, line 39, after "it" insert "or for a reason related to it"

55 Page 18, line 1, after "liable" insert "—

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

56 Clause 35, page 18, line 8, leave out "a photograph or pseudo-photograph" and insert "an image"

57 Page 18, line 11, after "of insert "or for a reason related to"

58 Page 18, line 11, leave out "or learning disability"

59 Page 18, line 14, leave out "or learning disability"

60 Page 18, line 14, after "it" insert "or for a reason related to it"

61 Page 18. line 21, after "liable" insert "—

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

62 Clause 36, page 18. line 32, leave out "or learning disability"

63 Page 18, line 34, leave out "or learning disability"

64 Page 18, line 35, leave out from "section" to "if in line 39

65 Page 18, line 44, at end insert ", is liable, on conviction on indictment, to imprisonment for life.

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

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

66 Clause 37, page 19, line 8, leave out "or learning disability"

67 Page 19, line 10, leave out "or learning disability"

68 Page 19, line 11, leave out from "section" to "if in line 15

69 Page 19, line 20, 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 a fine not exceeding the statutory maximum or both;
  2. (b) on conviction on indictment, to imprisonment for a term not exceeding 14 years."

70 Clause 38, page 19, line 26, leave out from "it" to "knowing" in line 27 and insert—

  1. "(i) when another person (B) is present or is in a place from which A can be observed, and
  2. (ii) "

71 Page 19, line 29, after "present" insert "or in the place referred to in paragraph (c)(i)"

72 Page 19, line 32, leave out "or learning disability"

73 Page 19, line 34, leave out "or learning disability"

74 Clause 39, page 20, line 1, leave out "a photograph or pseudo-photograph" and insert "an image"

75 Page 20, line 7, leave out "or learning disability"

76 Page 20, line 9, leave out "or learning disability"

77 Clause 40, page 20, line 21, leave out "or learning disability"

78 Page 20, line 23, leave out "or learning disability"

79 Page 20, line 26, leave out "or learning disability"

80 Page 20, line 28, leave out "or learning disability"

81 Clause 41, page 21, line 6, leave out "or learning disability"

82 Page 21, line 8, leave out "or learning disability"

83 Page 21, line 11, leave out "or learning disability"

84 Page 21, line 13, leave out "or learning disability"

85 Clause 42, page 21, line 36, leave out from "it" to "knowing" in line 37 and insert—

  1. "(i) when another person (B) is present or is in a place from which A can be observed, and
  2. (ii) "

86 Page 21, line 39, leave out "or learning disability"

87 Page 21, line 41, leave out "or learning disability"

88 Page 21, line 44, leave out "or learning disability"

89 Page 21, line 46, leave out "or learning disability"

90 Clause 43, page 22, line 13, leave out "a photograph or pseudo-photograph" and insert "an image"

91 Page 22, line 16, leave out "or learning disability"

92 Page 22, line 18, leave out "or learning disability"

93 Page 22, line 21, leave out "or learning disability"

94 Page 22, line 23, leave out "or learning disability"

95 Clause 44, page 23, line 6, leave out "or learning disability"

96 Clause 45, page 23, line 31, leave out from "if to end and insert "at the time—

  1. (a) B is 16 or over, and
  2. (b) A and B are lawfully married"

97 Page 23, line 32, leave out "A to prove that he" and insert "the defendant to prove that A"

98 Clause 47, page 24, leave out lines 8 to 27 and insert—

"" 1A Marriage and other relationships

  1. (1) This section applies where, in proceedings for an offence under section 1(1)(a) of taking or making an indecent photograph of a child, or for an offence under section l(l)(b) or (c) relating to an indecent photograph of a child, the defendant proves that the photograph was of the child aged 16 or over, and that at the time of the offence charged the child and he—
    1. (a) were married, or
      2. 1635
    2. (b) lived together as partners in an enduring family relationship.
  2. (2) Subsections (5) and (6) also apply where, in proceedings for an offence under section 1(1)(b) or (c) relating to an indecent photograph of a child, the defendant proves that the photograph was of the child aged 16 or over, and that at the time when he obtained it the child and he—
    1. (a) were married, or
    2. (b) lived together as partners in an enduring family relationship.
  3. (3) This section applies whether the photograph showed the child alone or with the defendant, but not if it showed any other person.
  4. (4) In the case of an offence under section l(l)(a), if sufficient evidence is adduced to raise an issue as to whether the child consented to the photograph being taken or made, or as to whether the defendant reasonably believed that the child so consented, the defendant is not guilty of the offence unless it is proved that the child did not so consent and that the defendant did not reasonably believe that the child so consented.
  5. (5) In the case of an offence under section l(l)(b), the defendant is not guilty of the offence unless it is proved that the showing or distributing was to a person other than the child.
  6. (6) In the case of an offence under section l(l)(c), if sufficient evidence is adduced to raise an issue both—
    1. (a) as to whether the child consented to the photograph being in the defendant's possession, or as to whether the defendant reasonably believed that the child so consented, and
    2. (b) as to whether the defendant had the photograph in his possession with a view to its being distributed or shown to anyone other than the child,

( ) After section 160 of the Criminal Justice Act 1988 (c. 33) (possession of indecent photograph of child) insert—

"160A Marriage and other relationships

  1. (1) This section applies where, in proceedings for an offence under section 160 relating to an indecent photograph of a child, the defendant proves that the photograph was of the child aged 16 or over, and that at the time of the offence charged the child and he—
    1. (a) were married, or
    2. (b) lived together as partners in an enduring family relationship.
  2. (2) This section also applies where, in proceedings for an offence under section 160 relating to an indecent photograph of a child, the defendant proves that the photograph was of the child aged 16 or over, and that at the time when he obtained it the child and he—
    1. (a) were married, or
    2. (b) lived together as partners in an enduring family relationship.
  3. (3) This section applies whether the photograph showed the child alone or with the defendant, but not if it showed any other person.
  4. (4) If sufficient evidence is adduced to raise an issue as to whether the child consented to the photograph being in the defendant's possession, or as to whether the defendant reasonably believed that the child so consented, the defendant is not guilty of the offence unless it is proved that the child did not so consent and that the defendant did not reasonably believe that the child so consented.""

99 Clause 48, page 24, line 31, leave out from beginning to end of line 16 on page 25 and insert—

  1. "(1) In proceedings for an offence under section 1(1)(a) of making an indecent photograph or pseudo-photograph of a child, the defendant is not guilty of the offence if he proves that—
    1. (a) it was necessary for him to make the photograph or pseudo-photograph for the purposes of the prevention, detection or investigation of crime, or for the purposes of criminal proceedings, in any part of the world,
    2. (b) at the time of the offence charged he was a member of the Security Service, and it was necessary for him to make the photograph or pseudo-photograph for the exercise of any of the functions of the Service, or
    3. (c) at the time of the offence charged he was a member of GCHQ, and it was necessary for him to make the photograph or pseudo-photograph for the exercise of any of the functions of GCHQ.
  2. (2) In this section "GCHQ" has the same meaning as in the Intelligence Services Act 1994.""

100 Page 25, leave out lines 20 to 46 and insert—

  1. "(1) In proceedings for an offence under Article 3(l)(a) of making an indecent photograph or pseudo-photograph of a child, the defendant is not guilty of the offence if he proves that—
    1. (a) it was necessary for him to make the photograph or pseudo-photograph for the purposes of the prevention, detection or investigation of crime, or for the purposes of criminal proceedings, in any part of the world,
    2. (b) at the time of the offence charged he was a member of the Security Service, and it was necessary for him to make the photograph or pseudo-photograph for the exercise of any of the functions of the Service, or
    3. (c) at the time of the offence charged he was a member of GCHQ, and it was necessary for him to make the photograph or pseudo-photograph for the exercise of any of the functions of GCHQ.
  2. (2) In this Article "GCHQ" has the same meaning as in the Intelligence Services Act 1994.""

101 Clause 49, page 26, line 17, leave out from "where" to "is" in line 24, and insert "subsection (5A) applies,"

102 Page 26, line 26, after "liable" insert "—

  1. (a) where subsection (5A) applies, on conviction on indictment, to imprisonment for a term not exceeding 14 years;
  2. (b) in any other case—
    1. (i) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
    2. (ii) "

103 Page 26, line 33, at end insert—

  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 by B with anything else, or
  4. (d) penetration of A's mouth with B's penis."

104 Clause 53, page 27, line 35, leave out "moving or still"

Baroness Scotland of Asthal

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 16 to 104. I spoke to these amendments with Amendments Nos. 2,3 and 9.

Moved, That the House to agree with the Commons in their Amendments Nos. 16 to 104.—(Baroness Scotland of Asthal.)

On Question, Motion agreed to.

7.15 p.m.