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www.cps.gov.uk/legal/section12/chapter_d.html
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Prostitution and related offences: Public Interest Considerations | Child Prostitution | Procuring, causing or encouraging prostitution | Living on or controlling prostitutes | Keeping a brothel | Loitering or soliciting for prostitution | Kerb crawling | Soliciting/importuning between men for an immoral purpose | Public Nuisance | Committing an act outraging public decency | Useful Links |
Bigamy
The Law
Contrary to Section 57 Offences Against the Person Act 1861 <Archbold 31-1>.
Top of page
Charging Practice
Consider the following Public Interest Criteria when deciding whether to charge, particularly the harm caused to the "non-bigamous" spouse.
* Whether there has been any trickery involved;
* If the offence was committed for a fraudulent purpose including financial gain;
* If there has been a number of bigamous marriages a prosecution should usually follow.
Pay particular attention to:
* the position of the spouse;
* the attitude of the spouse;
* the purpose of committing bigamy;
* where circumstances reveal a complete flouting of the marriage laws;
* the position of any children who may suffer from unwanted publicity, which may result from criminal proceedings.
The relationship between the victim and the public interest in prosecuting is set out in <The Code for Crown Prosecutors>.
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Prostitution and related offences: Public Interest Considerations
At all times, you should bear in mind the following general objectives of the legislation involving prostitution, namely:
* To keep prostitutes off the street to prevent annoyance to members of the public;
* To prevent people leading or forcing others into prostitution;
* To penalise those who organise prostitutes and make a living from their earnings;
* Generally the more serious the incident the more likely that a prosecution will be required;
* The age of the prostitute and the position of those living off the earnings will clearly be relevant;
* When considering a child accused of prostitution, reference should be made to the policy document <Safeguarding Children Involved in Prostitution, elsewhere in this guidance> and the child should generally treated as a victim of abuse. The focus should be on those who exploit and coerce children. Only where there is a persistent and voluntary return to prostitution and where there is a genuine choice should a prosecution be considered.
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Child Prostitution
When considering a case involving, as a defendant or proposed defendant, a child under the age of 18 years, reference must be made to the guidance contained in the document <Safeguarding Children Involved in Prostitution, published May 2000>.
One of the key purposes of this guidance is that such a child who is involved in prostitution should be treated primarily as a victim of abuse. Accordingly, in such a case, the focus must be on the investigation and prosecution of those who coerce, exploit and abuse children through prostitution. Only when there is a voluntary and persistent return to prostitution, should prosecution of the child be considered. You will need to bear in mind whether there is a genuine choice available to the child.
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Procuring, causing or encouraging prostitution
The Law
Governed by Section 22 <Archbold 20-197>, Section 23 <Archbold 20-203> and Section 28 <Archbold 20-223> of the Sexual Offences Act 1956.
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Charging Practice
Sections 22, 23 and 28 Sexual Offences Act 1956 creates the following offences:
* procuring a woman to become a prostitute;
* procuring a girl under 21 to have intercourse;
* causing or encouraging the prostitution of, intercourse with, or indecent assault on, girls under 16 years of age.
Corroboration is no longer required, although a court may, if it thinks it is appropriate, give a direction as to convicting on uncorroborated evidence <Archbold 2003 4-404j to 4-404l>.
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Living on or controlling prostitutes
The Law
* A man living on Immoral Earnings - Section 30 Sexual Offences Act 1956 <Archbold 20-227>
* A woman Exercising Control Over a Prostitute - Section 31 Sexual Offences Act 1956 <Archbold 20-242>
* Living on the Earnings of Male Prostitution - Section 5 Sexual Offences Act 1967 <Stones 8-28194>
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Charging Practice
Sections 30 and 31 Sexual Offences Act 1956 and Section 5 Sexual Offences Act 1967 create offences of:
* a man living on immoral earnings;
* a woman exercising control over a prostitute;
* living on earnings of male prostitution.
Often these cases will be based on, primarily, police observation evidence.
If the evidence is satisfactory, cases of this type should normally be prosecuted.
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Keeping a brothel
The Law
Section 33 Sexual Offences Act 1956 <Stones 8-28009>
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Charging Practice
What constitutes a brothel is a matter of fact and degree. Most brothels are used for the purpose of prostitution. In the more unusual circumstances where no payment is made for sexual services, you should consult the relevant case law.
Brothel keepers should normally be prosecuted, especially if they are making money out of the enterprise.
You have greater discretion in charging those who have assisted, such as receptionists. If the assistance is crucial to the operation of the brothel or the receptionist has been involved for a long period of time, a prosecution will normally be appropriate. If the assistance is minor or over a short period of time, a prosecution may not automatically result.
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Loitering or soliciting for prostitution
The Law
Section 1 Street Offences Act 1959 <Stones 8-28160>
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Charging Practice
This offence applies to a 'common prostitute'. In DPP v Bull, 4 All E.R. 411, the term was limited to female prostitutes.
If it is possible to divert a woman/man away from prosecution, because it seems likely that she/he will respond positively to guidance, then you should follow that course. Remember the usual penalty on conviction is a fine. A man/woman will often resort again to prostitution to pay the fine.
Often a prostitute is seen both to loiter and then to solicit. In such circumstances, he/she should be charged with both offences, as alternatives. When there is a conviction on one, the other must be withdrawn or dismissed. If an appeal seems likely, you should ask the court to make no judgement on the second offence, so that if the appeal succeeds the case can go ahead on the second offence if need be.
To prove the man/woman is a common prostitute you should ask the defence if they admit the fact. Where no such admission is forthcoming, you will need to prove the fact, possibly by evidence of cautioning and previous similar offences.
You should try to ensure that cases of soliciting are dealt with as soon as possible to avoid the risk of numerous similar offences being heard months after the date of the first offence.
Top of page
Kerb crawling
The Law
The Sexual Offences Act 1985 creates two offences:
* Kerb Crawling (Section 1) <Stones 8-28260>
* Persistent soliciting of a woman by a man for the purposes of prostitution (Section 2) <Stones 8-28262>
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Charging Practice
The two offences overlap. Section 1 should be charged where the evidence clearly shows that the approach to the woman was made from a motor vehicle or that it was so close to a vehicle that the man had just got out. If in doubt, Section 2 should be used.
Do not use Section 1 unless there is evidence independent of the police to prove that annoyance or nuisance was likely to be caused.
There are exceptions:
* Kerb crawling may be a particular problem in a certain area and a failure of corroboration extends from intimidation of witnesses or because witnesses have testified on a number of occasions and are unwilling to do so indefinitely.
* The woman solicited is unable to come to Court.
* The woman solicited is a police officer engaged in other duties or even off duty.
* Police observation is followed by an interview with the defendant where admissions are made.
* Where the soliciting is by way of equivocal gestures, take extra care before prosecuting.
Top of page
Soliciting/importuning between men for an immoral purpose
The Law
Section 32 Sexual Offences Act 1956 <Stones 8-28008>
Top of page
Charging Practice
* There has to be at least two instances within the period of the charge.
* Even where the homosexual acts are legal it is still soliciting for an immoral purpose to solicit for them.
* The protection of the public is the important factor - if "the public" for this purpose consisted, or was reasonably likely to consist of, other men or women who would not be likely to object, a prosecution is unlikely to be in the public interest.
Top of page
Public Nuisance
This is a common law offence, which should be used sparingly. It is reserved for situations which amount to substantial criminality but do not amount to a statutory offence or an infringement of bye-laws. An exception to this is where the penalty for a statutory or bye-law offence is plainly inadequate to reflect the seriousness of the facts. This would amount to a nuisance affecting a substantial number of members of the public.
Top of page
Committing an act outraging public decency
The Law
This is a common law offence, and is currently indictable only. <Archbold 20-278 to 20-283>
There are also offences of conspiracy to corrupt public morals and conspiracy to outrage public decency. <Archbold 20-284 to 20-285 and 33-38 to 33-39>
Top of page
Charging Practice
Prosecutors should consider carefully whether alternative charges (such as the ones outlined in this section) are more appropriate.
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Prostitution and related offences: Public Interest Considerations | Child Prostitution | Procuring, causing or encouraging prostitution | Living on or controlling prostitutes | Keeping a brothel | Loitering or soliciting for prostitution | Kerb crawling | Soliciting/importuning between men for an immoral purpose | Public Nuisance | Committing an act outraging public decency | Useful Links |
Bigamy
The Law
Contrary to Section 57 Offences Against the Person Act 1861 <Archbold 31-1>.
Top of page
Charging Practice
Consider the following Public Interest Criteria when deciding whether to charge, particularly the harm caused to the "non-bigamous" spouse.
* Whether there has been any trickery involved;
* If the offence was committed for a fraudulent purpose including financial gain;
* If there has been a number of bigamous marriages a prosecution should usually follow.
Pay particular attention to:
* the position of the spouse;
* the attitude of the spouse;
* the purpose of committing bigamy;
* where circumstances reveal a complete flouting of the marriage laws;
* the position of any children who may suffer from unwanted publicity, which may result from criminal proceedings.
The relationship between the victim and the public interest in prosecuting is set out in <The Code for Crown Prosecutors>.
Top of page
Prostitution and related offences: Public Interest Considerations
At all times, you should bear in mind the following general objectives of the legislation involving prostitution, namely:
* To keep prostitutes off the street to prevent annoyance to members of the public;
* To prevent people leading or forcing others into prostitution;
* To penalise those who organise prostitutes and make a living from their earnings;
* Generally the more serious the incident the more likely that a prosecution will be required;
* The age of the prostitute and the position of those living off the earnings will clearly be relevant;
* When considering a child accused of prostitution, reference should be made to the policy document <Safeguarding Children Involved in Prostitution, elsewhere in this guidance> and the child should generally treated as a victim of abuse. The focus should be on those who exploit and coerce children. Only where there is a persistent and voluntary return to prostitution and where there is a genuine choice should a prosecution be considered.
Top of page
Child Prostitution
When considering a case involving, as a defendant or proposed defendant, a child under the age of 18 years, reference must be made to the guidance contained in the document <Safeguarding Children Involved in Prostitution, published May 2000>.
One of the key purposes of this guidance is that such a child who is involved in prostitution should be treated primarily as a victim of abuse. Accordingly, in such a case, the focus must be on the investigation and prosecution of those who coerce, exploit and abuse children through prostitution. Only when there is a voluntary and persistent return to prostitution, should prosecution of the child be considered. You will need to bear in mind whether there is a genuine choice available to the child.
Top of page
Procuring, causing or encouraging prostitution
The Law
Governed by Section 22 <Archbold 20-197>, Section 23 <Archbold 20-203> and Section 28 <Archbold 20-223> of the Sexual Offences Act 1956.
Top of page
Charging Practice
Sections 22, 23 and 28 Sexual Offences Act 1956 creates the following offences:
* procuring a woman to become a prostitute;
* procuring a girl under 21 to have intercourse;
* causing or encouraging the prostitution of, intercourse with, or indecent assault on, girls under 16 years of age.
Corroboration is no longer required, although a court may, if it thinks it is appropriate, give a direction as to convicting on uncorroborated evidence <Archbold 2003 4-404j to 4-404l>.
Top of page
Living on or controlling prostitutes
The Law
* A man living on Immoral Earnings - Section 30 Sexual Offences Act 1956 <Archbold 20-227>
* A woman Exercising Control Over a Prostitute - Section 31 Sexual Offences Act 1956 <Archbold 20-242>
* Living on the Earnings of Male Prostitution - Section 5 Sexual Offences Act 1967 <Stones 8-28194>
Top of page
Charging Practice
Sections 30 and 31 Sexual Offences Act 1956 and Section 5 Sexual Offences Act 1967 create offences of:
* a man living on immoral earnings;
* a woman exercising control over a prostitute;
* living on earnings of male prostitution.
Often these cases will be based on, primarily, police observation evidence.
If the evidence is satisfactory, cases of this type should normally be prosecuted.
Top of page
Keeping a brothel
The Law
Section 33 Sexual Offences Act 1956 <Stones 8-28009>
Top of page
Charging Practice
What constitutes a brothel is a matter of fact and degree. Most brothels are used for the purpose of prostitution. In the more unusual circumstances where no payment is made for sexual services, you should consult the relevant case law.
Brothel keepers should normally be prosecuted, especially if they are making money out of the enterprise.
You have greater discretion in charging those who have assisted, such as receptionists. If the assistance is crucial to the operation of the brothel or the receptionist has been involved for a long period of time, a prosecution will normally be appropriate. If the assistance is minor or over a short period of time, a prosecution may not automatically result.
Top of page
Loitering or soliciting for prostitution
The Law
Section 1 Street Offences Act 1959 <Stones 8-28160>
Top of page
Charging Practice
This offence applies to a 'common prostitute'. In DPP v Bull, 4 All E.R. 411, the term was limited to female prostitutes.
If it is possible to divert a woman/man away from prosecution, because it seems likely that she/he will respond positively to guidance, then you should follow that course. Remember the usual penalty on conviction is a fine. A man/woman will often resort again to prostitution to pay the fine.
Often a prostitute is seen both to loiter and then to solicit. In such circumstances, he/she should be charged with both offences, as alternatives. When there is a conviction on one, the other must be withdrawn or dismissed. If an appeal seems likely, you should ask the court to make no judgement on the second offence, so that if the appeal succeeds the case can go ahead on the second offence if need be.
To prove the man/woman is a common prostitute you should ask the defence if they admit the fact. Where no such admission is forthcoming, you will need to prove the fact, possibly by evidence of cautioning and previous similar offences.
You should try to ensure that cases of soliciting are dealt with as soon as possible to avoid the risk of numerous similar offences being heard months after the date of the first offence.
Top of page
Kerb crawling
The Law
The Sexual Offences Act 1985 creates two offences:
* Kerb Crawling (Section 1) <Stones 8-28260>
* Persistent soliciting of a woman by a man for the purposes of prostitution (Section 2) <Stones 8-28262>
Top of page
Charging Practice
The two offences overlap. Section 1 should be charged where the evidence clearly shows that the approach to the woman was made from a motor vehicle or that it was so close to a vehicle that the man had just got out. If in doubt, Section 2 should be used.
Do not use Section 1 unless there is evidence independent of the police to prove that annoyance or nuisance was likely to be caused.
There are exceptions:
* Kerb crawling may be a particular problem in a certain area and a failure of corroboration extends from intimidation of witnesses or because witnesses have testified on a number of occasions and are unwilling to do so indefinitely.
* The woman solicited is unable to come to Court.
* The woman solicited is a police officer engaged in other duties or even off duty.
* Police observation is followed by an interview with the defendant where admissions are made.
* Where the soliciting is by way of equivocal gestures, take extra care before prosecuting.
Top of page
Soliciting/importuning between men for an immoral purpose
The Law
Section 32 Sexual Offences Act 1956 <Stones 8-28008>
Top of page
Charging Practice
* There has to be at least two instances within the period of the charge.
* Even where the homosexual acts are legal it is still soliciting for an immoral purpose to solicit for them.
* The protection of the public is the important factor - if "the public" for this purpose consisted, or was reasonably likely to consist of, other men or women who would not be likely to object, a prosecution is unlikely to be in the public interest.
Top of page
Public Nuisance
This is a common law offence, which should be used sparingly. It is reserved for situations which amount to substantial criminality but do not amount to a statutory offence or an infringement of bye-laws. An exception to this is where the penalty for a statutory or bye-law offence is plainly inadequate to reflect the seriousness of the facts. This would amount to a nuisance affecting a substantial number of members of the public.
Top of page
Committing an act outraging public decency
The Law
This is a common law offence, and is currently indictable only. <Archbold 20-278 to 20-283>
There are also offences of conspiracy to corrupt public morals and conspiracy to outrage public decency. <Archbold 20-284 to 20-285 and 33-38 to 33-39>
Top of page
Charging Practice
Prosecutors should consider carefully whether alternative charges (such as the ones outlined in this section) are more appropriate.