Sexual Offences (Bailiwick of Guernsey) (Amendment) Law, 2011
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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.".
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.".
Repeal this section (to the extent that it is still in force anywhere in the Bailiwick).
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,".
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.".
Article IX of Billet d'État No. VI of 2010.
Ordres en Conseil Vol. XL, p. 94.
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.
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.
Ordres en Conseil Vol. XIII, p. 355.
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