Michael Goodyear's Women's Health Links: Marginalisation and Sex Work

[1] Used to bind over men who solicit women in public, if in the opinion of the magistrate thos is considered necessary to prevent repetition of conduct that is contra bonos mores. Hughes v. Holley (1988) 86 Cr App R 130

[2] Prior to 1751, the authorities mainly prosecuted prostitution under various vagrancy statutes, defining them as ‘idle and disorderly’

[3] An Act for the better preventing Thefts and Robberies, and for regulating Places of publick Entertainment, and punishing Persons keeping disorderly Houses.

S8. Any person who shall at any time hereafter appear, act, or behave him or herself as master or mistress, or as the person having the care, government, or management of any bawdy-house…shall be deemed and taken to be the keeper thereof, and shall be liable to be prosecuted and punished as such, notwithstanding he or she shall not in fact be the real owner or keeper thereof.

[4] An Act for the Punishment of idle and disorderly Persons, and Rogues and Vagabonds. 25 Geo II c 36

S3. Every common prostitute wandering in the public streets or public highways, or in any place of public resort, and behaving in a riotous or indecent manner….shall be deemed an idle and disorderly person…and it shall be lawful for any justice of the peace to commit such offender… to the house of correction, there to be kept to hard labour

Required confession or credible witness to convict the idle, disorderly or loose. First use of term ‘common prostitute’ in legislation. Amended by Metropolitan Police Act 1829, which did not require a warrant but did require a witness. Repealed 1989.

[5] Amended Vagrancy Act 1824 (qv)

[6] Repealed earlier statute of 1736, the Watching: City of London Act: An Act for better regulating the Night Watch and Beadles within the City of London and Liberties

[7] An Act for further improving the Police in and near the Metropolis.
S44. Prohibits ‘prostitutes or persons of notoriously bad character to meet together and remain’ in public houses
S54. (1) Every person shall be liable to a penalty of not more than forty shillings, who…shall in any thoroughfare or public place commit any of the following…
(13) Every common prostitute or street walker loitering or being in any thoroughfare or public place for the purposes of prostitution. Or solicitation to the annoyance of the inhabitants or passengers

[8] An Act for consolidating in One Act certain Provisions usually contained in Acts for regulating the Police of Towns

S35. Every person keeping any house, shop, room, or other place of public resort, within the limits of the special Act for the sale or consumption of refreshments of any kind who knowingly suffers common prostitutes or reputed thieves to assemble at and continue in his premises shall, for every such offence, be liable to a penalty

Extended powers to rest of England and Wales. Constables could now take into custody, without warrant, an person who ‘within his view’ had committed an offence. S. 28 refers to common prostitutes and nightwalkers. S28 Replaced ‘soliciting’ with ‘importuning’

Repealed: Street Offences Act 1959.

[9] An Act to consolidate and amend the Statute Law of England and Ireland relating to Offences against the Person

Largely replaced by the Sexual Offences Act 2003

[10] Suspended 1883, Repealed 1886

[11] An Act to make further provision for the Protection of Women and Girls, the suppression of brothels.

S13. Any person who

(1) keeps or manages or acts or assists in the management of a brothel, or

(2) being the tenant, lessee, or occupier [or person in charge] of any premises, knowingly permits such premises or any part thereof to be used as a brothel or for the purposes of habitual prostitution, or

(3) being the lessor or landlord of any premises, or the agent of such lessor or landlord, lets the same or any part thereof with the knowledge that such premises or some part thereof are or is to be used as a brothel, or is wilfully a party to the continued use of such premises or any part thereof as a brothel,

(a) to a fine not exceeding one hundred pounds or to imprisonment... for a term not exceeding three months; and

(b) on a second or subsequent conviction, to a fine not exceeding two hundred and fifty pounds or to imprisonment... for a term not exceeding six months;

[12] Vagrancy Act 1898

(1) Every male person who –

(a) knowingly lives wholly or in part on the earnings of prostitution: or

(b) in any public place persistently solicits or importunes for immoral purposes, shall be deemed a rogue or a vagabond within the meaning of the Vagrants Act 1824.

(2) If it is made to appear to a court of summary jurisdiction by information on oath that there is reason to suspect that any house or any part of a house is used by a female for purposes of prostitution, and that any male person residing in or frequenting the house is living wholly or in part on the earnings of the prostitute, the court may issue a warrant authorising an constable to enter and search the house and to arrest the male person.
(3) Where a male person is proved to live or to be habitually in the company of a prostitute and has no visible means of substance, he shall, unless he can satisfy the court to the contrary, be deemed to be living on the earnings of prostitution.

Repealed by Sexual Offences Act 2003. Created ‘living off the earnings of a prostitute' as an offence.

[13] Created trafficking as an offence

[14] Final Report 1916

See also:

Snow FW. The Royal Commission on Venereal Diseases 1916 Am J Pub Health 1916 June; 6(6): 595–596

Also: Evans D. Tackling the 'Hideous Scourge'. Social History of Medicine 1992 5(3):413-433

[15] Regulation 13a. 1915, 40d 1918

[16] A Bill to amend the Criminal Law Amendment Acts 1880 and 1885, with respect to indecent assault on Young Persons, and the Defilement of Girls under eighteen years of age, and for other purposes. (15 February 1917)

[17] Bill introduced in 1925 on behalf of the Association of Moral and Social Hygiene (AMSH: formerly the Ladies’ National Association and the British branch of the Abolitionist Federation), to replace the term ‘common prostitute’ with ‘any person’, in the solicitation laws, effectively decriminalizing prostitution.

[18] “As a general proposition it will be universally accepted that the law is not concerned with private morals or ethical sanctions. On the other hand, the law is plainly concerned with the outward conduct of citizens in so far as that conduct injuriously affects the rights of other citizens. Certain forms of conduct it has always been thought right to bring within the scope of the criminal law on account of the injury which they occasion to the public in general. It is within this category of offences, if anywhere, that public solicitation for immoral purposes finds an appropriate place.”

[19] Reported that Street Offences did not have the support of the general public, who saw them as an intrusion into privacy and liberty

[20] Statutes from the Metropolitan Police Act 1839 onwards required the offence of solicitation to result in annoyance to bystanders. Wolfenden recommended the removal of this condition since men invariably declined to give evidence, making the offence the mere presence of a woman deemed to be a prostitute, subsequently incorporated into the Street offences Act 1959

[21] Note: Preceded release of Wolfenden

Consolidated legislation (Punishment of Incest Act 1908, Criminal Law Amendment Act 1912, 1922).

Sexual Offences Act 1956

Prohibited procuring (Ss 22-9), living on the earnings or controlling for gain (S 30-1), and brothel keeping (Ss 33-6), including allowing premises to be used for prostitution (36)

22. (I) It is an offence for a person—

(a) to procure a woman to become, in any part of the world, a common prostitute

24. (1) It is an offence for a person to detain a woman against her will on any premises with the intention that she shall have unlawful sexual intercourse with men or with a particular. man, or to detain a woman against her will in a brothel.

30.

Man living on earnings of prostitution.

(1) It is an offence for a man knowingly to live wholly or in part on the earnings of prostitution.

(2) For the purposes of this section a man who lives with or is habitually in the company of a prostitute, or who exercises control, direction or influence over a prostitute’s movements in a way which shows he is aiding, abetting or compelling her prostitution with others, shall be presumed to be knowingly living on the earnings of prostitution, unless he proves the contrary.

Repealed by Sexual Offences Act 2003.

33. It is an offence for a person to keep a brothel, or to manage, or act or assist in the management of, a brothel.

34. It is an offence for the lessor or landlord of any premises or his agent to let the whole or part of the premises with the knowledge that it is to be used, in whole or in part, as a brothel,or, where the whole or part of the premises is used as a brothel, to be wilfully a party to that use continuing.

36. It is an offence for the tenant or occupier of any premises knowingly to permit the whole or part of the premises to be used for the purposes of habitual prostitution.

[22] Implemented Wolfenden

An Act to make, as respects England and Wales, further provision against loitering or soliciting in public places for the purpose of prostitution, and for the punishment of those guilty of certain offences in connection with refreshment houses and those who live on the earnings of or control prostitutes.

Prohibits soliciting

S1. (1) It shall be an offence for a common prostitute to loiter or solicit in a street or public place for the purpose of prostitution.

Subsequent amendments: Criminal Justice Act 1982 s. 71 (removed imprisonment as penalty)

[23] Prohibits licensed premises from being used as a brothel, or being the habitual resort of reputed prostitutes, Ss 175(1), 176(1)

[24] Prohibits prostitutes from assembling in such premises. S 9(1)

[25] S 222 allowed issuing of Public Nuisance Injunctions (PNIs). Penalty for breach: up to 2 years imprisonment

[26] Working paper published 1974, Report 1976. Recommendations as to soliciting enacted in Criminal Law Act 1977 (Report of the Working Party on Vagrancy and Street Offences HMSO, London 1974, 1976)

[27] Rejected proposal that the requirement for annoyance be reintroduced on the grounds that the law would become unenforceable (para 3.7)

[28] House of Lords Debate June 4 1980

[29] Maureen Colquhoun 6 March 1979. Died with change of Government. Provided: Abolition of prison for soliciting and “common prostitute”, consolidated street offences and required evidence of annoyance.

[30] First reading March April 1981. Clive Soley (Lab.) Provided: Abolition of prison for soliciting and “common prostitute”, reduction of fines

Out of time on second reading. Although the Bill failed, it facilitated the eventual abolition of imprisonment by amendment to the Criminal Justice Bill 1982 (s. 71)

Extract from second reading debate June 19 1981.

[31] Too Many Prisoners. Barry Rose, Chichester 1981Supported removing imprisonment for soliciting

[32] S 71 amended S 1(2) of the Street Offences Act 1959, abolishing imprisonment for ‘loitering and soliciting for purposes of prostitution’, substituting “"(2) A person guilty of an offence under this section shall be liable on summary conviction to a fine of an amount not exceeding level 2 on the standard scale, as defined in section 75 of the Criminal Justice Act 1982, or, for an offence committed after a previous conviction, to a fine of an amount not exceeding level 3 on that scale."

In effect it abolished automatic imprisonment but increased fines, for which imprisonment was the penalty for non-payment

[33] Introduced prostitution offences for men by adding kerb-crawling as an offence (S 1), and solicitation of a woman by a man (S 2)

1. Kerb-crawling.

— (1) A man commits an offence if he solicits a woman (or different women) for the purpose of prostitution—

(a) from a motor vehicle while it is in a street or public place; or

(b) in a street or public place while in the immediate vicinity of a motor vehicle that he has just got out of or off, persistently or, in such manner or in such circumstances as to be likely to cause annoyance to the woman (or any of the women) solicited, or nuisance to other persons in the neighbourhood.

(2) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) In this section “motor vehicle” has the same meaning as in the (Road Traffic Act 1988).

2. Persistent soliciting of women for the purpose of prostitution.

— (1) A man commits an offence if in a street or public place he persistently solicits a woman (or different women) for the purpose of prostitution.

(2) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale

[34] Report of the Parliamentary Group on Prostitution, July 1996 (Chair: Diane Abbott)

[35] Subsequent amendments: Police Reform Act 2002, Anti-Social Behaviour Act 2003

s. 1 allowed for application for Anti-Social Behaviour Orders (ASBO) by local authorities or police, jointly or individually. Penalty for breach: up to 5 years imprisonment. s. 17 imposed crime prevention on local authorities.

Note: ASBOs are civil offences, but their breach is a criminal offence

“behavior which causes or is likely to cause harassment, alarm or distress to one or more people who are not in the same household as the perpetrator” (Home Office: A guide to anti-social behavior orders and acceptable behavior contracts. 2003, 5).(ASBOs and ABCs)

Note: Prostitution was not explicitly mentioned in the guidance, yet 5% of ASBOs were used for such behavior (Campbell S. A review of anti-social behaviour orders. Home Office Research Series 236, 2002).

[36] Consultative Document.

Summary available seperately

Volume 2: Supporting evidence

D3. O'Neill: Literature review of research

[37] Ss 46, 47 prohibit placing advertisements relating to prostitution on or in the vicinity of public telephone box, or other public structure. The act also elevated kerb crawling from a summonable to an arrestable offence.

46 Placing of advertisement relating to prostitution

(1) A person commits an offence if—

(a) he places on, or in the immediate vicinity of, a public telephone an advertisement relating to prostitution, and

(b) he does so with the intention that the advertisement should come to the attention of any other person or persons……...

47 Application of section 46 by order to public structures

[38] Home Office: Strengthening protection against sex offenders and reforming the law on sexual offences

[39] Reforming the Law on Sexual Offences

Repealed and replaced sections of many previous acts, eg Vagrancy Act 1898, Sexual Offences Act 1956. Substituted gender-neutral language (s. 56). Strengthened provisions against managing, controlling, recruiting individuals and brothel keeping (up to seven years imprisonment). Introduced protection of children under 18

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, 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.

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.

Sections 52 and 53: interpretation

(1) In sections 52 and 53, “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) In those sections “prostitute” and “prostitution” have the meaning given by section 51(2).

Penalties for keeping a brothel used for prostitution

(1) The Sexual Offences Act 1956 (c. 69) is amended as follows.

(2) After section 33 insert—

"33A

Keeping a brothel used for prostitution

(1) It is an offence for a person to keep, or to manage, or act or assist in the management of, a brothel to which people resort for practices involving prostitution (whether or not also for other practices).

(2) In this section “prostitution” has the meaning given by section 51(2) of the Sexual Offences Act 2003."

(3) In Schedule 2 (mode of prosecution, punishment etc.), after paragraph 33 insert (as a paragraph with no entry in the fourth column)—

"33A

Keeping a brothel used for prostitution (section 33A).

(i) on indictment

(ii) summarily

Seven years

Six months, or the statutory maximum, or both.

Extension of gender-specific prostitution offences

Schedule 1 (extension of gender-specific prostitution offences) has effect.

[40] 'Rebalancing the criminal justice system in favour of the law-abiding majority: Cutting crime, reducing reoffending and protecting the public', Home Office July 2006. NB Page 26.

[41] Bill 130. Ss 71-3. Clause 72. Replaces ‘common prostitute’ with ‘every person’ inter alia http://www.publications.parliament.uk/pa/pabills/200607/criminal_justice_and_immigration.htm

First reading: June 26^th, Second: Oct 8^th 2007

Second reading debate:

5.19pm Col 69 Lynne Jones (Birmingham, Selly Oak) (Lab), The Secretary of State for Justice and Lord Chancellor (Mr. Jack Straw), 9.15pm Col. 118 John McDonnell (Hayes and Harlington) (Lab), 9.26 Dr. Evan Harris (Oxford, West and Abingdon) (LD), 9.32 Kerry McCarthy (Bristol, East) (Lab), 9.37 Fiona Mactaggart (Slough) (Lab), 9.40 Mr. Edward Garnier (Harborough) (Con), 9.52 The Minister of State, Ministry of Justice Mr. David Hanson

[42] Committee 16^th-25^th October

Members of Committee

Committee Proceedings

Oct 16 Session 1 Q55ff

Oct 16 Session 2 Q90ff, 152-3

Oct 18 Session 3 Q224 passim

Oct 18 Session 4 Q292-3ff

Bill reintroduced Nov 7^th (1^st and 2^nd reading; referral to committee)

Committee 20^th – 29^th November

Nov 27^th Session 13

Reported and Third Reading Jan 9.8 2008 Paras 481-8

House of Lords: First reading Jan 9

Second reading Jan 22 cols. 129, 132, 134-5, 138-40, 143, 147, 152, 158, 159, 163, 167, 180-2

Committee: February 5^th – (Clauses withdrawn February 27: Hansard )

Note: These clauses were then re-introduced in the subsequent Policing and Crime Bill 2008, below

[43] House of Commons: 1^st reading, December 18 2008, 2^nd reading January 19 2009 – sent to committee

Committee: January 27-February 26 - Proceedings, Submissions to Committee, Report May 19, 3^rd reading May 19

House of Lords: 1^st reading May 20, 2^nd reading June 3^rd – sent to committee

Committee: June 22- October 20, 3rd reading Nov 11, Royal Assent Nov 12

Note: The Government made significant changes to Clause 13 in May 2009, whereby the offence of “Paying for sexual services of a prostitute controlled for gain” was replaced by paying for services wherein the prostitute had been subject to “force, deception or threats of a kind likely to induce or encourage”.

[44] For details see Paying the Price 2004 (pdf) pages 88-90

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