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Police, Crime, Sentencing and Courts Bill

24 June 2021

Proposing MP
Birmingham, Selly Oak
Type
Public Bill Committee

At a Glance

Issue Summary

The statement addresses a new clause to amend the Sexual Offences Act 2003 to include voyeurism involving breastfeeding. The statement addresses a new clause aiming to ban taking photos or filming footage of someone who is breastfeeding without their consent. Steve McCabe is addressing new clause 31 of the Police, Crime, Sentencing and Courts Bill, which concerns increasing the maximum sentence for publishing the identity of a sexual offences complainant. The statement discusses the inadequacy of current sentencing powers for revealing the identity of sexual offence complainants online. The statement discusses the proposed new clause that aims to enhance penalties for naming victims of certain offences under the 1992 Act while also considering protections for victims of female genital mutilation, forced marriage, youth court proceedings, and witness protection. Sarah Champion moves a new clause requiring the Secretary of State to collect and publish annual data on child sex offences, child exploitation offences, and modern slavery offences against children under 18 in England and Wales. The statement discusses a new clause proposing to create buffer zones around abortion clinics and hospitals where interference with or intimidation of individuals accessing or providing abortion services would be an offence. The statement addresses the issue of harassment outside abortion clinics and proposes a new clause to introduce buffer zones around such clinics. The statement addresses the new clause aimed at preventing harassment and intimidation around abortion clinics and hospitals. The statement discusses concerns about the potential unintended consequences of a new clause in the Police, Crime, Sentencing and Courts Bill that may inadvertently include medical practitioners within buffer zones around abortion clinics.

Action Requested

The proposed amendment aims to add an additional offence under Section 67A of the Sexual Offences Act 2003, criminalising the recording of images of individuals while they are breastfeeding without their consent.

Key Facts

  • The amendment introduces a new subsection (2A) to existing Section 67A of the Sexual Offences Act 2003.
  • The proposed offence applies if someone records an image of another person while they are breastfeeding with the intention of looking at it for purposes specified in the clause, without the consent of the breasted individual and without reasonably believing that consent has been given.
  • Julia Cooper's campaign petition has more than 26,500 signatures.
  • Pregnant Then Screwed took evidence from supporters about unwanted photography of breastfeeding women.
  • Breastfeeding in public is a concern for mothers, with 63% feeling embarrassed to breastfeed in the presence of people they do not know.
  • A YouGov survey found that 75% of respondents agreed that taking photos of women breastfeeding without their consent should be made illegal.
  • New clause 31 proposes amending Section 5 of the Sexual Offences (Amendment) Act 1992.
  • The amendment includes increasing the maximum sentence from a fine not exceeding level 5 on the standard scale to imprisonment for up to two years or a fine, or both, on conviction on indictment.
  • On summary conviction, the proposed penalty is up to twelve months' imprisonment, a fine, or both.
  • The Sexual Offences (Amendment) Act 1992 grants lifelong anonymity to sexual offences complainants.
  • Phillip Leece received a fine of £120 for publishing his victim's name online and making disparaging remarks, causing her severe psychological harm.
  • The Lord Chancellor indicated the Government would act to improve and strengthen laws in this area.
  • The new clause would enhance penalties for naming victims of specific offences under the 1992 Act.
  • Other offences requiring similar protections include female genital mutilation, forced marriage, youth court proceedings, and witness protection.
  • The Government intends to review these issues properly with a view to legislating on them in the near future.
  • Data collection is vital to ensure appropriate policy responses.
  • The new clause would require data collection by police force area annually.
  • Over 83,000 child sexual abuse offences were recorded in England and Wales in the year ending March 2020.
  • Only around 16% of reported crimes resulted in charges or cautions against perpetrators due to evidential difficulties.
  • More than 12,000 crimes flagged as sexual exploitation, but fewer than 2,000 child sexual exploitation charges were brought.
  • Children aged between 15 and 19 account for nearly a quarter of all rape offences.
  • Clause 43 introduces buffer zones of up to 150 meters around abortion clinics.
  • Interfering with a person’s decision to access or provide abortion services is made an offence within these buffer zones.
  • Penalties for first instance offences include up to 6 months imprisonment or a fine at level 5 on the standard scale.
  • Subsequent instances can result in up to 2 years imprisonment.
  • Figures from the Department of Health and Social Care indicate that more than 100,000 women had to attend clinics targeted by anti-abortion groups in 2019.
  • The proposed new clause is supported by MPs from five different parties across the House.
  • Public space protection orders have been implemented in only three counties out of many nationwide.
  • The Public Order Act 1986 prohibits displaying images or words that cause harassment, alarm, or distress.
  • Clause 55 of the Police, Crime, Sentencing and Courts Bill strengthens police powers regarding assemblies.
  • Three local authorities have imposed PSPOs around abortion clinics.
  • Of 406 clinics and hospitals providing such services, only 36 reported experiencing protest activity in 2018.
  • As of recent data, 35 out of 142 registered clinics are currently or recently affected by protests, compared to 32 in 2018.
  • A quarter of clinics are targeted by protests according to the Minister's figures.
  • The Government does not feel able to support new clause 43 at this stage.
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