Do you have relevant expertise and experience or a special
interest in the Voyeurism (Offences) (No.2) Bill, which is
currently passing through Parliament?
If so, you can submit your views in writing to the House of
Commons Public Bill Committee which is going to consider this
Bill.
The Public Bill Committee is now able to receive written
evidence. The sooner you send in your
submission, the more time the Committee will have to take
it into consideration.
The Committee is expected to meet for the first time on
Tuesday 10 July 2018; it will stop receiving written
evidence at the end of the Committee stage, which is
expected to be not later than 5.00pm on Thursday 12 July
2018. However, please note that when the
Committee concludes its consideration of the Bill it is
no longer able to receive written evidence and it can
conclude earlier than the expected deadline of 5.00pm on
Thursday 12 July 2018.[1]
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Aims of the Bill
The Bill would add a new section 67A to the Sexual Offences Act
2003, which would set out two new voyeurism offences aimed at
tackling “upskirting”. This is the act of covertly photographing
underneath someone’s clothing without their consent. It is often
performed in crowded public places, for example on public
transport or at music festivals, which can make it difficult to
notice the perpetrator.
In England and Wales there is currently no specific criminal
offence to cover this type of conduct. It would instead be
prosecuted under the more general offences of outraging public
decency or voyeurism. There can be difficulties in satisfying the
requirements of these more general offences, which in some cases
means prosecutions cannot be brought.
Scotland, however, amended its voyeurism legislation in 2010 to
make upskirting a specific offence.
The Bill would adopt a similar approach to that taken in
Scotland. The two new forms of voyeurism would cover the
operation of equipment or recording of an image under another
person’s clothing with the intention of viewing their genitals or
buttocks (with or without underwear), and without that person’s
consent.
The offences would apply where the perpetrator had a motive of
either obtaining sexual gratification, or causing humiliation,
distress or alarm to the victim.
The new offences would be triable either way. The maximum
sentence following summary conviction would be 12 months
imprisonment and/or a fine. The maximum sentence
following conviction on indictment would be two years and/or a
fine.
The Bill also provides for offenders convicted of particularly
serious forms of the new section 67A offences to be placed on the
sex offenders register.
A Private Member’s Bill on the issue, introduced by , was blocked at second
reading. The Government has therefore introduced its own Bill so
that offences are more likely to make it onto the statute book
Bill Documents: Including text of the
Bill, explanatory notes, amendment papers and briefing papers