B

Baroness Levitt (Lab)

Speaking in the House of Lords on 9 December 2025

Debate

Crime and Policing Bill

Contribution

I will deal with my noble friend’s second point first. There are decisions of the domestic courts here that support the fact that you cannot bring prosecutions for what was the unlawful sexual intercourse offence under Section 6, nor can you even bring a prosecution for sexual assault based on the same facts, because that would transgress the prohibition in Article 7. As regards the time limit, Section 9 of the 2003 Act has no time limitations in it, which is the usual principle of criminal offences in this country, but for this tiny cohort of behaviour—it really is very small—you could not prosecute under Section 9 because of Article 7. Section 6 no longer exists, and you cannot get round it by using Section 9, but it really is a very small number of cases.

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