Moved by
Baroness Penn
231J: After Clause 133, insert the following new Clause—
“Offence of offering to carry out hymenoplasty: England and Wales
(1) It is an offence under the law of England and Wales—
(a) for a person in England and Wales to offer to carry out hymenoplasty in the United Kingdom or hymenoplasty that has a sufficient jurisdictional connection, or
(b) for a person anywhere to offer to carry out hymenoplasty if the person is a United Kingdom national or habitually resident in England and Wales.
(2) Hymenoplasty has a sufficient jurisdictional connection for the purposes of subsection (1)(a) if it is carried out in relation to a person who is—
(a) a United Kingdom national, or
(b) habitually resident in the United Kingdom.
(3) In this section—
“United Kingdom national” has the meaning given by section (Offence of carrying out hymenoplasty: England and Wales)(4);
“hymenoplasty” has the meaning given by section (Offence of carrying out hymenoplasty: England and Wales)(2).”
Member’s explanatory statement
This new Clause creates an offence under the law of England and Wales of offering to carry out hymenoplasty.
231K: After Clause 133, insert the following new Clause—
“Offence of aiding or abetting etc a person to carry out hymenoplasty: England and Wales
(1) It is an offence under the law of England and Wales for a person who is in England and Wales, or for a person who is outside England and Wales but who is a United Kingdom national or habitually resident in England and Wales, to aid, abet, counsel or procure the carrying out of hymenoplasty that has a sufficient jurisdictional connection.
(2) Hymenoplasty has a sufficient jurisdictional connection for the purposes of subsection (1) if it is carried out in relation to a person who is—
(a) in the United Kingdom,
(b) a United Kingdom national, or
(c) habitually resident in the United Kingdom.
(3) This section does not affect the application to an offence under section (Offence of carrying out hymenoplasty: England and Wales) of any rule of law relating to aiding, abetting, counselling or procuring.
(4) In this section—
“United Kingdom national” has the meaning given by section (Offence of carrying out hymenoplasty: England and Wales)(4);
“hymenoplasty” has the meaning given by section (Offence of carrying out hymenoplasty: England and Wales)(2).”
Member’s explanatory statement
This new Clause creates an offence of aiding, abetting, counselling or procuring a person to carry out hymenoplasty in circumstances where the hymenoplasty itself might not be an offence under the law of England and Wales (depending on the location or status of the person carrying out the hymenoplasty).
231L: After Clause 133, insert the following new Clause—
“Hymenoplasty offences in England and Wales: penalties
(1) A person who commits an offence under section (Offence of carrying out hymenoplasty: England and Wales), (Offence of offering to carry out hymenoplasty: England and Wales) or (Offence of aiding or abetting etc a person to carry out hymenoplasty: England and Wales), is liable—
(a) on summary conviction, to imprisonment for a term not exceeding the maximum summary term for either-way offences or a fine (or both);
(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).
(2) In subsection (1)(a) “the maximum summary term for either-way offences” means—
(a) in relation to an offence committed before the time when paragraph 24(2) of Schedule 22 to the Sentencing Act 2020 comes into force, 6 months;
(b) in relation to an offence committed after that time, 12 months.”
Member’s explanatory statement
This new Clause sets out the penalties for the new offences under the law of England and Wales relating to hymenoplasty.
231M: After Clause 133, insert the following new Clause—
“Hymenoplasty offences: Scotland
Offence of carrying out hymenoplasty: Scotland
(1) It is an offence under the law of Scotland for a person to carry out hymenoplasty.
(2) “Hymenoplasty” means the reconstruction of the hymen (with or without consent).
(3) An offence is committed under subsection (1) only if the person—
(a) is in Scotland, or
(b) is outside the United Kingdom, and is a United Kingdom national or habitually resident in Scotland.
(4) “United Kingdom national” means an individual who is—
(a) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,
(b) a person who under the British Nationality Act 1981 is a British subject, or
(c) a British protected person within the meaning of that Act.”
Member’s explanatory statement
This new Clause creates an offence under the law of Scotland of carrying out hymenoplasty.
231N: After Clause 133, insert the following new Clause—
“Offence of offering to carry out hymenoplasty: Scotland
(1) It is an offence under the law of Scotland—
(a) for a person in Scotland to offer to carry out hymenoplasty in the United Kingdom or hymenoplasty that has a sufficient jurisdictional connection, or
(b) for a person anywhere to offer to carry out hymenoplasty if the person is a United Kingdom national or habitually resident in Scotland.
(2) Hymenoplasty has a sufficient jurisdictional connection for the purposes of subsection (1)(a) if it is carried out in relation to a person who is—
(a) a United Kingdom national, or
(b) habitually resident in the United Kingdom.
(3) In this section—
“United Kingdom national” has the meaning given by section (Offence of carrying out hymenoplasty: Scotland)(4);
“hymenoplasty” has the meaning given by section (Offence of carrying out hymenoplasty: Scotland)(2).”
Member’s explanatory statement
This new Clause creates an offence under the law of Scotland of offering to carry out hymenoplasty.
231P: After Clause 133, insert the following new Clause—
“Offence of aiding or abetting etc a person to carry out hymenoplasty: Scotland
(1) It is an offence under the law of Scotland for a person who is in Scotland, or for a person who is outside Scotland but who is a United Kingdom national or habitually resident in Scotland, to aid, abet, counsel, procure or incite the carrying out of hymenoplasty that has a sufficient jurisdictional connection.
(2) Hymenoplasty has a sufficient jurisdictional connection for the purposes of subsection (1) if it is carried out in relation to a person who is—
(a) in the United Kingdom,
(b) a United Kingdom national, or
(c) habitually resident in the United Kingdom.
(3) This section does not affect the application to an offence under section (Offence of carrying out hymenoplasty: Scotland) of any rule of law relating to aiding, abetting, counselling, procuring or inciting.
(4) In this section—
“United Kingdom national” has the meaning given by section (Offence of carrying out hymenoplasty: Scotland)(4);
“hymenoplasty” has the meaning given by section (Offence of carrying out hymenoplasty: Scotland)(2).”
Member’s explanatory statement
This new Clause creates an offence of aiding, abetting, counselling, procuring or inciting a person to carry out hymenoplasty in circumstances where the hymenoplasty itself might not be an offence under the law of Scotland (depending on the location or status of the person carrying out the hymenoplasty).
231Q: After Clause 133, insert the following new Clause—
“Hymenoplasty offences in Scotland: penalties and supplementary
(1) A person who commits an offence under section (Offence of carrying out hymenoplasty: Scotland), (Offence of offering to carry out hymenoplasty: Scotland) or (Offence of aiding or abetting etc a person to carry out hymenoplasty: Scotland), is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);
(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).
(2) Where a person outside Scotland commits an offence under section (Offence of carrying out hymenoplasty: Scotland), (Offence of offering to carry out hymenoplasty: Scotland) or (Offence of aiding or abetting etc a person to carry out hymenoplasty: Scotland) the person may be prosecuted, tried and punished for the offence—
(a) in a sheriff court district in which the person is apprehended or in custody, or
(b) in a sheriff court district determined by the Lord Advocate,
as if the offence had been committed in that district.
(3) Where subsection (2) applies, the offence is, for all purposes incidental to or consequential on the trial and punishment, deemed to have been committed in that district.
(4) In this section “sheriff court district” is to be construed in accordance with section 307(1) of the Criminal Procedure (Scotland) Act 1995 (interpretation).”
Member’s explanatory statement
This new Clause sets out the penalties for the new offences under the law of Scotland relating to hymenoplasty.
231R: After Clause 133, insert the following new Clause—
Hymenoplasty offences: Northern Ireland
Offence of carrying out hymenoplasty: Northern Ireland
(1) It is an offence under the law of Northern Ireland for a person to carry out hymenoplasty.
(2) “Hymenoplasty” means the reconstruction of the hymen (with or without consent).
(3) An offence is committed under subsection (1) only if the person—
(a) is in Northern Ireland, or
(b) is outside the United Kingdom, and is a United Kingdom national or habitually resident in Northern Ireland.
(4) “United Kingdom national” means an individual who is—
(a) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,
(b) a person who under the British Nationality Act 1981 is a British subject, or
(c) a British protected person within the meaning of that Act.”
Member’s explanatory statement
This new Clause creates an offence under the law of Northern Ireland of carrying out hymenoplasty.
231S: After Clause 133, insert the following new Clause—
“Offence of offering to carry out hymenoplasty: Northern Ireland
(1) It is an offence under the law of Northern Ireland—
(a) for a person in Northern Ireland to offer to carry out hymenoplasty in the United Kingdom or hymenoplasty that has a sufficient jurisdictional connection, or
(b) for a person anywhere to offer to carry out hymenoplasty if the person is a United Kingdom national or habitually resident in Northern Ireland.
(2) Hymenoplasty has a sufficient jurisdictional connection for the purposes of subsection (1)(a) if it is carried out in relation to a person who is—
(a) a United Kingdom national, or
(b) habitually resident in the United Kingdom.
(3) In this section—
“United Kingdom national” has the meaning given by section (Offence of carrying out hymenoplasty: Northern Ireland)(4);
“hymenoplasty” has the meaning given by section (Offence of carrying out hymenoplasty: Northern Ireland)(2).”
Member’s explanatory statement
This new Clause creates an offence under the law of Northern Ireland of offering to carry out hymenoplasty.
231T: After Clause 133, insert the following new Clause—
“Offence of aiding or abetting etc a person to carry out hymenoplasty: Northern Ireland
(1) It is an offence under the law of Northern Ireland for a person who is in Northern Ireland, or for a person who is outside Northern Ireland but who is a United Kingdom national or habitually resident in Northern Ireland, to aid, abet, counsel or procure the carrying out of hymenoplasty that has a sufficient jurisdictional connection.
(2) Hymenoplasty has a sufficient jurisdictional connection for the purposes of subsection (1) if it is carried out in relation to a person who is—
(a) in the United Kingdom,
(b) a United Kingdom national, or
(c) habitually resident in the United Kingdom.
(3) This section does not affect the application to an offence under section (Offence of carrying out hymenoplasty: Northern Ireland) of any rule of law relating to aiding, abetting, counselling or procuring.
(4) In this section—
“United Kingdom national” has the meaning given by section (Offence of carrying out hymenoplasty: Northern Ireland)(4);
“hymenoplasty” has the meaning given by section (Offence of carrying out hymenoplasty: Northern Ireland)(2).”
Member’s explanatory statement
This new Clause creates an offence of aiding, abetting, counselling or procuring a person to carry out hymenoplasty in circumstances where the hymenoplasty itself might not be an offence under the law of Northern Ireland (depending on the location or status of the person carrying out the hymenoplasty).
231U: After Clause 133, insert the following new Clause—
“Hymenoplasty offences in Northern Ireland: penalties
A person who commits an offence under section (Offence of carrying out hymenoplasty: Northern Ireland), (Offence of offering to carry out hymenoplasty: Northern Ireland) or (Offence of aiding or abetting etc a person to carry out hymenoplasty: Northern Ireland), is liable—
(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);
(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).”
Member’s explanatory statement
This new Clause sets out the penalties for the new offences under the law of Northern Ireland relating to hymenoplasty.