Moved by
Lord Wolfson of Tredegar
54: Schedule 2, page 66, leave out lines 12 and 13
Member’s explanatory statement
This amendment is consequential on the Minister’s amendment at page 66, line 21.
55: Schedule 2, page 66, line 21, leave out from “Wales,” to “an” in line 22 and insert “subsections (1) and (2) of section 72 also apply to”
Member’s explanatory statement
The effect of this amendment is that, for a UK national to be guilty in England and Wales of rape or sexual assault as a result of an act in a country outside the UK where the victim was 18 or over, it is not necessary for the act also to be an offence in that country.
56: Schedule 2, page 67, line 17, at end insert—
“(2AA) For the purposes of subsection (2A)(a), an act punishable under the law in force in the country is an offence under that law however it is described in that law.
(2AB) The condition specified in subsection (2A)(a) is to be taken as satisfied unless, not later than such time as may be prescribed by Act of Adjournal, the accused serves on the prosecutor a notice—
(a) stating that, on the facts as alleged with respect to the act in question, the condition is not in the accused’s opinion satisfied,
(b) setting out the grounds for the accused’s opinion, and
(c) requiring the prosecutor to prove that the condition is satisfied.
(2AC) But the court, if it thinks fit, may permit the accused to require the prosecutor to prove that the condition is satisfied without the prior service of a notice under subsection (2AB).
(2AD) In proceedings on indictment, the question whether the condition is satisfied is to be determined by the judge alone.”
Member’s explanatory statement
This amendment provides, in section 11 of the Criminal Procedure (Scotland) Act 1995, for a rebuttable presumption that an act committed in a country outside the UK, which would be an assault if committed in Scotland, is an offence in that country.
57: Schedule 2, page 67, line 18, leave out “(2A)” and insert “(2AA)”
Member’s explanatory statement
This amendment is consequential on the Minister’s amendment at page 67, line 17.
58: Schedule 2, page 67, line 35, leave out “or is habitually resident in Scotland”
Member’s explanatory statement
This amendment would limit section 54D(1) of the Sexual Offences (Scotland) Act 2009 (being inserted by this Bill) to UK nationals only (and not also those habitually resident in Scotland) and is linked with the Minister’s amendments at page 67, lines 38 and 42.
59: Schedule 2, page 67, leave out lines 38 and 39
Member’s explanatory statement
This amendment removes the condition in section 54D(1) of the Sexual Offences (Scotland) Act 2009 that, for a UK national to commit an offence in Scotland in relation to an act in a country outside the UK, the act must also be an offence in that country.
60: Schedule 2, page 67, line 42, at end insert—
“(1A) If—
(a) a person who is habitually resident in Scotland does an act in a country outside the United Kingdom,
(b) the act constitutes an offence under the law in force in that country, and
(c) the act, if done in Scotland, would constitute an offence to which this subsection applies,
then the person commits that offence.”
Member’s explanatory statement
This amendment means that, for a person habitually resident in Scotland to commit an offence in Scotland in respect of an act in a country outside the UK, it remains a condition under section 54D of the Sexual Offences (Scotland) Act 2009 that the act is an offence in that country.
61: Schedule 2, page 68, line 1, leave out “subsection (1) applies” and insert “subsections (1) and (1A) apply”
Member’s explanatory statement
This amendment is consequential on the Minister’s amendment at page 67, line 42.
62: Schedule 2, page 68, line 3, at end insert—
“(2A) For the purposes of subsection (1A)(b), an act punishable under the law in force in the country is an offence under that law however it is described in that law.
(2B) The condition specified in subsection (1A)(b) is to be taken as satisfied unless, not later than such time as may be prescribed by Act of Adjournal, the accused serves on the prosecutor a notice—
(a) stating that, on the facts as alleged with respect to the act in question, the condition is not in the accused’s opinion satisfied,
(b) setting out the grounds for the accused’s opinion, and
(c) requiring the prosecutor to prove that the condition is satisfied.
(2C) But the court, if it thinks fit, may permit the accused to require the prosecutor to prove that the condition is satisfied without the prior service of a notice under subsection (2B).
(2D) In proceedings on indictment, the question whether the condition is satisfied is to be determined by the judge alone.”
Member’s explanatory statement
This amendment provides, in section 54D of the Sexual Offences (Scotland) Act 2009, for a rebuttable presumption that an act committed in a country outside the UK, which would be an offence if committed in Scotland, is an offence in that country.
63: Schedule 2, page 70, leave out lines 5 to 15
Member’s explanatory statement
This amendment is consequential on the Minister’s amendment at page 70, line 22.
64: Schedule 2, page 70, leave out lines 17 and 18
Member’s explanatory statement
This amendment is consequential on the Minister’s amendment at page 70, line 22.
65: Schedule 2, page 70, line 22, leave out from beginning to “an offence” and insert “Paragraphs (1) and (2) also apply to”
Member’s explanatory statement
The effect of this amendment is that, for a UK national to be guilty in Northern Ireland of rape or sexual assault as a result of an act in a country outside the UK where the victim was 18 or over, it is not necessary for the act also to be an offence in that country.