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.
