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Sexual Offences (Bailiwick of Guernsey) (Amendment) Law, 2011

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PROJET DE LOI
ENTITLED
The Sexual Offences (Bailiwick of Guernsey) (Amendment) Law, 2011
THE STATES, in pursuance of their Resolution of the 25th March, 2010[a], have approved the following provisions which, subject to the Sanction of Her Most Excellent Majesty in Council, shall have force of law in the Bailiwick of Guernsey.
Amendments to the Law of 1983.
1.      The Law of 1983 is amended as set out in the Schedule.
Homosexual acts on merchant ships.
2.      (1)      The repeal of section 2 of the Law of 1983 (whether by this Law or the Sexual Offences (Amendment) (Guernsey) Law, 2000[b]) shall not be taken to prevent a homosexual act from constituting a ground for dismissing a member of the crew of a Guernsey ship from his ship.
(2)      In this section -
"Guernsey ship" has the meaning given by section 1(3) of the Merchant Shipping (Bailiwick of Guernsey) Law, 2002[c], and
"member of the crew", in relation to a ship, includes the master of the ship and any apprentice to the sea serving in the ship.
Repeal.
3.      The Sexual Offences (Amendment) (Guernsey) Law, 2000 is repealed.
Past offences and transitional provisions.
4.      (1)       Subject to subsection (2), the amendments made by this Law to the Law of 1983 have effect in relation to acts done before or after the commencement of this Law.
(2)      The amendments made by this Law to the Law of 1983 do not have effect in relation to any act which is, or apart from this Law would be, an offence, where the defendant to an indictment for that offence has been committed for trial before the commencement of this Law.
(3)      For the avoidance of doubt, a reference in this section to "the amendments made by this Law to the Law of 1983" includes a reference to the repeal of the Sexual Offences (Amendment) (Guernsey) Law, 2000.
Interpretation.
5.      (1)      In this Law, "the Law of 1983" means the Sexual Offences (Bailiwick of Guernsey) Law, 1983[d].
(2)      The Interpretation (Guernsey) Law, 1948[e] applies to the interpretation of this Law throughout the Bailiwick.
(3)      Any reference in this Law to any other Law is a reference thereto as from time to time amended, re-enacted (with or without modification), extended or applied.
Citation.
6.      This Law may be cited as the Sexual Offences (Bailiwick of Guernsey) (Amendment) Law, 2011.
SCHEDULE
Section 1
AMENDMENTS TO LAW OF 1983
Provision
 
Amendment
 
Section 1(1) and (2)
 
For these subsections, substitute the following subsection -
"(1)       Notwithstanding the provisions of the Law of 1929 or any rule of customary law, a homosexual act in private shall not be an offence provided that the parties consent thereto and have attained the age of 16 years.".
 
Section 1(4)
 
For this subsection, substitute the following subsection -
"(4)      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 16 years.".
 
Section 2
 
Repeal this section (to the extent that it is still in force anywhere in the Bailiwick).
 
Section 3(1)(a)
 
For this paragraph, substitute the following paragraph -
"(a)       the maximum punishment which may be imposed on conviction on indictment of a man for buggery, or attempt to commit buggery, with another man, where both the defendant and the other man are of or over the age of sixteen years, shall be -
(i)      imprisonment for a term of ten years, except where that other man consented thereto, and
(ii)      in the said excepted case, imprisonment for a term of two years,".
 
Section 3(1)(c)(i) and (ii)
 
For these subparagraphs, substitute the following subparagraphs -
"(i)      of committing an act of gross indecency with another man under the age of 16 years, or
(ii)       of being a party to or procuring or attempting to procure the commission by a man under the age of 16 years of such an act with another man,".
 
Section 9(2)      
 
At the end of paragraph (b), for the full stop substitute a semi-colon and insert the following paragraph -
"(c)      "man" means any person of the male gender.".
 
   
[a]

Article IX of Billet d'État No. VI of 2010.

[b]

Ordres en Conseil Vol. XL, p. 94.

[c]

Order in Council No. VIII of 2004; as amended by Order in Council No. XIII of 2010; see also Ordres en Conseil Vol. XL, p. 15 and Recueil d'Ordonnances Tome XXIX, p. 406.

[d]

Ordres en Conseil Vol. XXVIII, p. 316; as amended by Vol. XXXI, p. 278 and, in respect of the Islands of Guernsey, Herm and Jethou, Vol. XL. p. 94. See also Ordres en Conseil Vol. XXXVI, p. 639 and Recueil d'Ordonnances Tome XXIII, p. 472.

[e]

Ordres en Conseil Vol. XIII, p. 355.