Sexual Offences (Amendment) Act 2000 Explanatory Notes

Hansard References

28.The following table sets out the dates and Hansard references for each stage of the Bill’s passage through Parliament.

StageDateHansard Reference
House of Commons
Introduction16 December 1998Vol.322.  Col. 985
Second Reading25 January 1999Vol.324 .  Col.20 – 113
Committee of the Whole House – consideration of clause 1 on the age of consent10 February 1999Vol.325 .  Col.331 - 383
Standing Committee E1st Sitting, 2 February 1999Col. 1 - 10
2nd Sitting, 4 February 1999Col. 11 - 48
3rd Sitting, 4 February 1999Col. 49 – 50
4th Sitting, 9 February 1999Col. 53 - 90
5th Sitting, 9 February 1999Col. 91 – 130
6th Sitting, 11 February 1999Col. 131 - 172
Report and Third Reading1 March 1999Vol  326  Col.754 – 810
House of Lords
Introduction2 March 1999Vol. 594  Col.558
Second Reading13 April 1999Vol. 599. Col. 647- 760
1999/2000 Session
House of Commons
Reintroduction28 January 2000Vol. 343. Col. 685
Debate on motion that no order be made for committal of the Bill7 February 2000Vol. 344. Col. 83 - 89
Second Reading10 February 2000Vol. 344  Col.  432 – 500
Third Reading28 February 2000Vol.  345 Col. 127-130
House of Lords
Introduction29 February 2000Vol. 610. Col 455.
Second Reading11 April 2000Vol.  612. Col. 91 - 167
Committee13 November 2000Vol.  619. Col. 18 -  122

The Bill not having been passed by the House of Lords before the end of the session, it was, in accordance with section 2 of the Parliament Act 1911, presented for Royal Assent which was given on 30 November 2000.

  • House of Lords Hansard Vol 619 Col 1492

  • House of Commons Hansard Vol 357 Col 1231

27.Extracts from the Sexual Offences Act 1956 showing words changed by the Act

  • “S 12

    Buggery

    (1) It is [an offence] for a person to commit buggery with another person otherwise than in the circumstances described in subsection (1A) or (1AA) below or with an animal.

    (1A) The circumstances first referred to in subsection (1) are that the act of buggery takes place in private and both parties have attained the age of eighteen sixteen.

    (1AA) The other circumstances so referred to are that the person is under the age of sixteen and the other party has attained that age.

    (1B) An act of buggery by one man with another shall not be treated as taking place in private if it takes place-

    (a) when more than two persons take part or are present; or

    (b) in a lavatory to which the public have or are permitted to have access, whether on payment or otherwise.

    (1C) In any proceedings against a person for buggery with another person it shall be for the prosecutor to prove that the act of buggery took place otherwise than in private or that one of the parties to it had not attained the age of eighteen sixteen.

  • S.13

    Indecency between men

    It is an offence for a man to commit an act of gross indecency with another man, otherwise than in the circumstances described below, whether in public or in private, or to be a party to the commission by a man of an act of gross indecency with another man, or to procure the commission by a man of an act of gross indecency with another man.

    The circumstances referred to above are that the man is under the age of sixteen and the other man has attained that age.

  • Schedule 2, Paragraph 16

    Table of Offences, Mode of Prosecution, Punishments, Etc

    OffenceMode of ProsecutionPunishment
    16.(a) Indecency between men (section 13)(I) On indictment.If a man of or over the age of twenty-one with a man under the age of eighteen sixteen, five years, otherwise two years.
    (ii) Summarily.6 months and/or the statutory maximum.
    (b) An attempt to procure the commission by a man of an act of gross indecency with another man.(I) On indictment.If the attempt is by a man of or over the age of twenty-one to procure a man under the age of eighteen sixteen to commit an act of gross indecency with another man, five years, otherwise two years.
    (ii) Summarily.6 months and/or the statutory maximum.

  • Extracts from the Sexual Offences Act 1967 showing words changed by the Act

    s. 1

    Amendment of the law relating to homosexual acts in private.

    (1) Notwithstanding any statutory or common law provision,

    (a) a homosexual act in private shall not be an offence provided that the parties consent thereto and have attained the age of eighteen sixteen years and

    (b) a homosexual act by any person shall not be an offence if he is under the age of sixteen years and the other party has attained that age.

    Subsections (2) to (5) are unaffected.

    (6) It is hereby declared that where in any proceedings it is charged that a homosexual act is an offence the prosecutor shall have the burden of proving that the act was done otherwise than in private or otherwise than with the consent of the parties or that any of the parties had not attained the age of eighteen sixteen years.

  • s.8

    Restrictions on prosecutions

    No proceedings shall be instituted except by or with the consent of the Director of Public Prosecutions against any man for the offence of buggery with, or gross indecency with, another man or for aiding, abetting, counselling, procuring or commanding its commission where either of those men was at the time of its commission under the age of twenty-one sixteen.

  • Extract from section 13 of the Criminal Law (Consolidation) (Scotland) Act 1995 showing words changed by the Act

    a)

    Homosexual Offences

    (1) Subject to the provisions of this section, a homosexual act(2) in private shall not be an offence provided that the parties consent thereto and have attained the age of eighteen sixteen years.

    subsections (2) to (4) are unaffected

    (5) Subject to subsection (3) above[a male person suffering from a mental deficiency], it shall be an offence to commit or to be party to the commission of, or to procure or attempt to procure the commission of a homosexual act-

    (a)

    otherwise than in private;

    (b)

    without the consent of both parties to the act; or

    (c)

    with a person under the age of eighteen sixteen years.

    subsections (6) and (7) are unaffected

    (8) It shall be a defence to a charge of committing a homosexual act under subsection (5) (c) above that the person so charged being under the age of 24 years who had not previously been charged with a like offence, had reasonable cause to believe that the other person was of or over the age of 18 16 years.

    (8)(A) A person under the age of sixteen years does not commit an offence under subsection (5)(a) or (c) above if he commits or is party to the commission of a homosexual act with a person who has attained that age

    subsections (9) to (11) are unaffected

  • Extract from Article 3 of the Homosexual Offences (Northern Ireland) Order 1982 showing words changed by the Act

    b)

    c)

    Homosexual acts in private

    (1) Subject to Article 4 (mental patients) and notwithstanding any other statutory provision or any rule of law

    (a) a homosexual act(3) in private shall not be an offence if the parties consent thereto and have attained the age of 18 17 years and

    (b) a homosexual act by any person shall not be an offence if he is under the age of seventeen years and the other party has attained that age

    c)1.)

    c)2.)

    Paragraphs (2) to (4) are unaffected

    It is hereby declared that where in any proceedings it is charged that a homosexual act is an offence the prosecutor shall have the burden of proving that the act was done otherwise than in private or otherwise than with the consent of the parties or that any of the parties had not attained the age of 18 17 years.”

2

Defined in s13(4) of the 1995 Act as sodomy or an act of gross indecency or shameless indecency by one male person with another male person

3

Defined in Article 2(1) of the 1982 Order in relation to a man as “buggery with another man, an act of gross indecency with another man or the act of being a party to the commission by a man of such an act”

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