The
Policing and Crime Act 2009 amends the Sexual Offences Act 2003 which
specifies supposed offences relating to prostitution.
Here are few of the sections of interest in the amended Sexual Offences Act
2003.
Note that Section 52/53 is currently being used against a British man previously
involved in running an ordinary bar in Thailand.
51A Soliciting (Replacing the
previous offence of kerb crawling)
(1) It is an offence for a person in a street
or public place to solicit another (B) for the purpose of obtaining B's
sexual services as a prostitute.
(2) The reference to a person in a street or
public place includes a person in a vehicle in a street or public place.
(3) A person guilty of an offence under this
section is liable on summary conviction to a fine not exceeding level 3
on the standard scale.
52 Causing or inciting prostitution for gain
(1) A person commits an offence if—
(a) he intentionally causes or incites
another person to become a prostitute in any part of the world, and
(b) he does so for or in the expectation of
gain for himself or a third person.
(2) A person guilty of an offence under this
section is liable—
(a) on summary conviction [ie at magistrate's
Court level], to imprisonment for a term not exceeding 6 months or a
fine not exceeding the statutory maximum or both;
(b) on conviction on indictment [ie at the
Crown Court level], to imprisonment for a term not exceeding 7 years.
53 Controlling prostitution for gain
(1) A person commits an offence if—
(a) he intentionally controls any of the
activities of another person relating to that person's prostitution in
any part of the world, and
(b) he does so for or in the expectation of
gain for himself or a third person.
(2) A person guilty of an offence under this
section 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 7 years.
53A Paying for sexual services of a
prostitute subjected to force etc.
(1) A person (A) commits an offence if—
(a) A makes or promises payment for the
sexual services of a prostitute (B),
(b) a third person (C) has engaged in
exploitative conduct of a kind likely to induce or encourage B to
provide the sexual services for which A has made or promised payment,
and
(c) C engaged in that conduct for or in the
expectation of gain for C or another person (apart from A or B).
(2) The following are irrelevant—
(a) where in the world the sexual services
are to be provided and whether those services are provided,
(b) whether A is, or ought to be, aware that
C has engaged in exploitative conduct.
(3) C engages in exploitative conduct if—
(a) C uses force, threats (whether or not
relating to violence) or any other form of coercion, or
(b) C practises any form of deception.
(4) A person guilty of an offence under this
section is liable on summary conviction to a fine not exceeding level 3
on the standard scale.
Definitions
(1) gain means—
(a) any financial advantage, including the
discharge of an obligation to pay or the provision of goods or
services (including sexual services) gratuitously or at a discount; or
(b) the goodwill of any person which is or
appears likely, in time, to bring financial advantage.
(2) prostitute, prostitution
means--
a person (A) who, on at least one occasion
and whether or not compelled to do so, offers or provides sexual
services to another person in return for payment or a promise of
payment to A or a third person;
and prostitution is to be interpreted
accordingly.
Note on the law as regards to British Residents abroad
Note that although the Section 53A offence of paying for sex
specifically includes the provision of sex abroad, the payment or
promise of payment must be be made in Britain.
Section 72 describes how the law applies outside of the UK and
Schedule 2 lists the clauses that worldwide UK enforcement applies to.
Thankfully the paying for sex clause 53A is not listed.
So the jurisdiction of Section 53A remains payment/promise of payment
in England, Wales and Northern Ireland (but fulfilling the deal anywhere
in the world)
Similarly the Section 52 & 53 offences are restricted to people
controlling or inciting prostitution abroad whilst residing in the UK.
72 Offences outside the United Kingdom
(1) Subject to subsection (2), any act done
by a person in a country or territory outside the United Kingdom
which—
(a) constituted an offence under the law in
force in that country or territory, and
(b) would constitute a sexual offence to which this section applies
if it had been done in England and Wales or in Northern Ireland,
constitutes that sexual offence under the law
of that part of the United Kingdom.
(2) Proceedings by virtue of this section may
be brought only against a person who was on 1st September 1997, or has
since become, a British citizen or resident in the United Kingdom.
(3) An act punishable under the law in force
in any country or territory constitutes an offence under that law for
the purposes of this section, however it is described in that law.
(4) Subject to subsection (5), the condition
in subsection (1)(a) is to be taken to be met unless, not later than
rules of court may provide, the defendant serves on the prosecution a
notice—
(a) stating that, on the facts as alleged
with respect to the act in question, the condition is not in his
opinion met,
(b) showing his grounds for that opinion, and
(c) requiring the prosecution to prove that it is met.
(5) The court, if it thinks fit, may permit
the defendant to require the prosecution to prove that the condition
is met without service of a notice under subsection (4).
(6) In the Crown Court the question whether
the condition is met is to be decided by the judge alone.
(7) Schedule 2 lists the sexual offences to
which this section applies.
SCHEDULE 2 Sexual offences to which
section 72 applies England and Wales
1 In relation to England and Wales, the
following are sexual offences to which section 72 applies—
(a) an offence under any of sections 5 to
15 (offences against children under 13 or under 16);
(b) an offence under any of sections 1 to 4, 16 to 41, 47 to 50 and
61 where the victim of the offence was under 16 at the time of the
offence;
(c) an offence under section 62 or 63 where the intended offence was
an offence against a person under 16;
(d) an offence under—
(i) section 1 of the Protection of
Children Act 1978 (c. 37) (indecent photographs of children), or
(ii) section 160 of the Criminal Justice Act 1988 (c. 33)
(possession of indecent photograph of child),
in relation to a photograph or
pseudo-photograph showing a child under 16.
