HL Deb 13 November 2003 vol 654 cc1647-53

158 Clause 93, page 47, line 24, after "where" insert "on any date"

159 Page 47, line 34, leave out "to which this Part applies" and insert "listed in Schedule 3"

160 Page 47, line 39, after "where" insert "on any date"

161 Page 47, line 43, leave out "to which this Part applies" and insert "listed in Schedule 3"

162 Clause 95, page 48, line 16, after "includes" insert "any part of"

163 Clause 102, page 51, line 36, leave out "a conviction for"

164 Page 52, line 2, leave out "the" and insert "a"

165 Clause 106, page 55, line 41, after "2" insert "or 20"

166 Page 55, line 42, after "Wales" insert "or Scotland"

167 Clause 107, page 56, line 2, after "102(5)" insert "or 103(1)"

168 Page 56, line 18, leave out subsections (5) and (6) and insert— ( ) Section 105(3) to (5) apply to an interim sexual offences prevention order as if references to an order were references to such an order, and with the omission of "as renewed from time to time" in both places.

169 Page 56, line 27, after "2A" insert "or 20(4)(a)"

170 Page 56, line 28, after "Wales" insert "or Scotland"

171 Clause 110, page 57, line 30, leave out "an offence listed at paragraph 64" and insert "any offence listed at paragraphs 64 to 64ZU"

172 Page 57, line 32, leave out paragraphs (c) and (d)

173 Clause 111, page 58, line 46, at end insert "or, in Scotland, a probation order"

174 Clause 112, page 59, line 3, leave out "the" and insert "a"

175 Clause 121, page 63, line 24, leave out "the" and insert "a"

176 Page 64, line 11, leave out "5" and insert "2"

177 Clause 123, page 65, line 17, leave out "5" and insert "2"

178 Clause 127, page 66, line 39, leave out "in England and Wales or Northern Ireland"

179 Clause 129, page 68, line 17, after "of insert "or paragraph 10(l)of Schedule 5A to"

180 Page 68, line 18, after "of insert "or paragraph 10(1) of Schedule 4A to"

181 Clause 130, page 68, line 35, at end insert "(a "sentencing condition"). ( ) Where an offence is listed if either a sentencing condition or a condition of another description is met, this section applies only to the offence as listed subject to the sentencing condition.

182 Page 68, line 37, leave out "such an offence" and insert "an offence to which this section applies"

183 Page 68, line 40, before "condition" insert "sentencing"

184 Page 69, line 15, leave out from "a" to "this" and insert "sentencing condition,"

185 Clause 131, page 70, line 7, after "order" insert"; community supervision order" means an order

186 Page 70, leave out lines 11 and 12

187 Page 71, leave out line 17

188 Page 71, line 41, at end insert— ( ) Where under section 138 different days are appointed for the commencement of different provisions of this Part, a reference in any such provision to the commencement of this Part is to be read (subject to section 96(4)) as a reference to the commencement of that provision.

189 Clause 132, page 72, line 10, after "discharge" insert "or community supervision order"

190 Page 72, line 11, leave out "This section" and insert"Subsection (1)"

191 Page 72, line 11, at end insert— ( ) The provisions listed in subsection (l)(d) do not apply for the purposes of this Part to a conviction for an offence in respect of which a community supervision order is or has (before or after the commencement of this Part) been made.

192 Before Clause 135, Insert the following new Clause—

"Service courts

  1. (1) In this Act—
    1. (a) a reference to a court order or a conviction or finding includes a reference to an order of or a conviction or finding by a service court,
    2. (b) a reference to an offence includes a reference to an offence triable by a service court,
    3. (c) "proceedings" includes proceedings before a service court, and
    4. (d) a reference to proceedings for an offence under this Act includes a reference to proceedings for the offence under section 70 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18) or the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or section 42 of the Naval Discipline Act 1957 (c. 53) for which the offence under this Act is the corresponding civil offence.
  2. (2) In sections 93 and 102(1), "court" includes a service court.
  3. (3) Where the court making a sexual offences prevention order is a service court—
    1. (a) sections 102(l)(a) and (4) to (6), 103, 107, 109 and 110 do not apply,
    2. (b) in section 106, "the appropriate court" means the Crown Court in England and Wales, and
    3. (c) in section 108(3)(a), the references to the Crown Court and Court of Appeal are references to the Crown Court and Court of Appeal in England and Wales.
  4. (4) In this section "service court" means a court-martial or Standing Civilian Court."

193 Clause 139, page 74, line 19, leave out "Except as follows," and insert "Subject to section (Service courts) and to subsections (2) to (3A),"

194 Page 74, line 21, after "48" insert "to 56, 58"

195 Page 74, line 21, at end insert— ( ) Schedule 2,

196 Page 74, line 23, leave out paragraph (c) and insert— (c) sections 135, 138,140 and this section.

197 Page 74, line 25, leave out "121 to 127" and insert "(Abolished homosexual offences) and 121 to 127 and Schedule (Procedure for ending notification requirements for abolished homosexual offences)"

198 Page 74, line 26, leave out paragraph (b) and insert— (b) sections 135, 138, 140 and this section.

199 Page 74, line 26, at end insert— (3A) Unless otherwise provided, any amendment, repeal or revocation made by this Act has the same extent as the provision to which it relates.

200 Schedule 2, page 76, line 15, leave out "15 and"

201 Page 76, line 31, leave out "an offence of"

202 Page 76, leave out line 32

203Schedule 3, page 78, line 36, at end insert "and—

  1. (a) the conviction, finding or caution was before the commencement of this Part, or
  2. (b) the offender—
    1. (i) was 18 or over, or
    2. (ii) is sentenced in respect of the offence to imprisonment for a term of at least 12 months."

204 Page 78, line 41, at end insert "and—

  1. (a) the conviction, finding or caution was before the commencement of this Part, or
  2. (b) the offender—
    1. (i) was 18 or over, or
    2. (ii) is sentenced in respect of the offence to imprisonment for a term of at least 12 months."

205 Page 79, line 3, at end insert "and—

  1. (a) the conviction, finding or caution was before the commencement of this Part, or
  2. (b) the offender—
    1. (i) was 18 or over, or
    2. (ii) is sentenced in respect of the offence to imprisonment for a term of at least 12 months."

206 Page 79, line 6, leave out paragraphs 17 to 19 and insert— ( ) An offence under section 1 or 3 of this Act (rape, assault by penetration). ( ) An offence under section 4 of this Act (sexual assault) if—

  1. (a) where the offender was under 18, he is or has been sentenced, in respect of the offence, to imprisonment for a term of at least 12 months;
  2. (b) in any other case—
    1. (i) the victim was under 18, or
    2. (ii) the offender, in respect of the offence or finding, is or has been—
      1. (a) sentenced to a term of imprisonment,
      2. (b) detained in a hospital, or
      3. (c) made the subject of a community sentence of at least 12 months.

( ) An offence under any of sections 5 to 7 of this Act (causing sexual activity without consent, rape of a child under 13, assault of a child under 13 by penetration).

( ) An offence under section 8 of this Act (sexual assault of a child under 13) if the offender—

  1. (a) was 18 or over, or
  2. (b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months.

( ) An offence under any of sections 9 to 13 of this Act (causing or inciting a child under 13 to engage in sexual activity, child sex offences committed by adults).

207 Page 79, line 30, leave out", where the offender is under 18, he" and insert "the offender—

  1. (a) was 18 or over, or
  2. (b) "

208 Page 79, line 39, at end insert— 23A An offence under section 27 or 28 of this Act (familial child sex offences) if the offender—

  1. (a) was 18 or over, or
  2. (b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months."

209 Page 79, line 40, leave out "27, 28 or"

210 Page 79, line 40, leave out "familial child sex offences,"

211 Page 79, line 41, leave out "or learning disability''

212 Page 79, line 42, leave out "or learning disability"

213 Page 79, line 45, leave out "or learning disability"

214 Page 79, line 45, after "if insert "—

  1. (a) where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
  2. (b) in any other case,"

215 Page 80, line 3, leave out from "least" to end of line 7 and insert "12 months."

216 Page 80, line 9, at end insert ", and the offender—

  1. (a) was 18 or over, or
  2. (b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months."

217 Page 80, line 13, at end insert—

  1. "(a) where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
  2. (b) in any other case—"

218 Page 80, line 20, at end insert "—

  1. (a) where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
  2. (b) in any other case,"

219 Page 80, line 25, after "sentenced" insert "in respect of the offence"

220 Page 80, leave out lines 34 to 38 and insert" 12 months."

221 Page 80, line 40, after "sentenced" insert "in respect of the offence"

222 Page 80, line 46, leave out "or"

223 Page 81, line 1, at end insert ", or (c) made the subject of a community sentence of at least 12 months.

224 Page 81, line 3, after "if insert"—

  1. (a) where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
  2. (b) in any other case,"

225 Page 81, leave out lines 17 to 19 and insert "every person involved in the offence was 16"

226 Page 82, leave out lines 12 to 18 and insert "every person involved (whether in the offence or in the homosexual act) was 16 or over and was a willing participant"

227 Page 82, line 31, leave out paragraph 59

228 Page 83, line 11, leave out "18" and insert "12"

229 Page 83, line 13, at end insert "if the offender—

  1. (a) was 18 or over, or
  2. (b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months."

230 Page 83, line 14, leave out "consent was not present or"

231 Page 83, line 17, leave out" 17" and insert"18"

232 page 83, line 19, leave out "17" and insert "18, and the offender—

  1. (a) was 18 or over, or
  2. (b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months"

233 Page 83, line 32, leave out"18" and insert "12"

234 Page 83, line 34, at end insert "if the offender—

  1. (a) was 18 or over, or
  2. (b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months."

235 Page 83, line 36, at end insert "if the offender—

  1. (a) was 18 or over, or
  2. (b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months."

236 Page 83, line 38, at end insert "if the offender—

  1. (a) was 18 or over, or
  2. (b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months."

237 Page 83, line 41, at end insert "if the offender—

  1. (a) was 18 or over, or
  2. (b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months."

238 Page 84, line 2, leave out from "if" to end of line 3 and insert"—

  1. (a) where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
  2. (b) in any other case—
    1. (i) the victim or (as the case may be) other party was under 18, or
    2. (ii) the offender, in respect of the offence or finding, is or has been—
      1. (a) sentenced to a term of imprisonment, or
      2. (b) detained in a hospital."

239 Page 84, line 4, leave out from "if" to end of line 5 and insert

  1. (a) where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
  2. (b) in any other case—
    1. (i) the victim or (as the case may be) other party was under 18, or
    2. (ii) the offender, in respect of the offence or finding, is or has been—
      1. (a) sentenced to a term of imprisonment, or
      2. (b) detained in a hospital."

240 Page 84, line 8, at end insert "if the offender—

  1. (a) was 18 or over, or
    2. 1652
  2. (b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months."

241 Page 84, line 9, at end insert "if the offender—

  1. (a) was 18 or over, or
  2. (b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months."

242 Page 84, line 11, at end insert "if the offender—

  1. (a) was 18 or over, or
  2. (b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months."

243 Page 84, line 16, at end insert ", and the offender—

  1. (a) was 18 or over, or
  2. (b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months."

244 Page 84, line 19, at end insert "if the offender—

  1. (a) was 18 or over, or
  2. (b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months."

245 Page 84, line 23, at end insert "if—

  1. (a) where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
  2. (b) in any other case, the offender, in respect of the offence or finding, is or has been—
    1. (i) sentenced to a term of imprisonment,
    2. (ii) detained in a hospital, or
    3. (iii) made the subject of a community sentence of at least 12 months."

246 Page 84, line 26, at end insert "if the offender—

  1. (a) was 18 or over, or
  2. (b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months."

247 Page 84, line 28, leave out "was 20 or over" and insert ", in respect of the offence or finding, is or has been—

  1. (a) sentenced to a term of imprisonment,
  2. (b) detained in a hospital, or
  3. (c) made the subject of a community sentence of at least 12 months."

248 Page 84, line 34, at end insert "and the offender—

  1. (a) was 18 or over, or
  2. (b) is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months."

249 Page 85, line 2, leave out "18" and insert "12"

250 Page 85, line 11, at end insert "and the offender—

  1. (a) was 18 or over, or
  2. (b) is or has been sentenced in respect of the offence to a term of imprisonment of at least 12 months"

251 Page 85, line 13, after "sentenced" insert "in respect of the offence"

252 Page 85, line 22, leave out "18" and insert "12"

253 Page 85, line 24, after "sentenced" insert "in respect of the offence"

254 Page 85, line 30, leave out "or"

255 Page 85, line 31, at end insert ", or

(c) made the subject of a community sentence of at least 12 months.

256 Page 85, line 33, after "if" insert "—

  1. (a) where the offender was under 18, he is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
  2. (b) in any other case,"

257 Page 85, line 43, leave out "under a provision"

258 Page 85, line 43, at end insert—

( ) A reference in any of those paragraphs to being made the subject of a community sentence of at least 12 months is to be read, in relation to an offence under an enactment referred to in sub-paragraph (1), as a reference to being sentenced to a term of service detention of at least 112 days.

259 Page 86, line 11, leave out from "In" to 'the" in line 18 and insert "this Schedule "community sentence" has—

  1. (a) in relation to England and Wales, the same meaning as in the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), and
  2. (b) in relation to Northern Ireland,"

260 Page 86, line 26, leave out "(b)"

Baroness Scotland of Asthal

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 158 to 260. I have already spoken to these amendments.

Moved, That the House do agree with the Commons in their Amendments Nos. 158 to 260.—(Baroness Scotland of Asthal.)

On Question, Motion agreed to.