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01/04/2010 - New Laws on Prostitution Came into Force 1st April 2010 (Policing and Crime Act )

The new laws relating to prostitution came into force on 1st April 2010.

Click here to view the circular that the Home Office has produced;

There is statutory guidance linked to two parts of the new laws. Both links are below;

Statutory guidance on Closure orders
Statutory guidance on Engagement and Support orders


Summary of Measures in Policing and Crime Act 2009 Relating to Prostitution

Section 14 creates a new strict liability offence which is committed if someone pays or promises payment for the sexual services of a prostitute who has been subject to exploitative conduct of a kind likely to induce or encourage the provision of sexual services for which the payer has made or promised payment. Exploitative conduct is force, threats (which may or may not be physical threats), coercion or deception.

Section 15 creates the same offence for Northern Ireland.

Section 16 amends the offence of loitering or soliciting for the purposes of prostitution by removing the term “common prostitute” from section 1 of the Street Offences Act 1959 (“the 1959 Act”) and inserting a requirement that the prostitute must loiter and solicit persistently to commit the offence.

Section 17 amends section 1 of the 1959 Act to introduce a new penalty for those convicted of loitering or soliciting for the purpose of prostitution, allowing the court to make a rehabilative order instead of imposing a fine or any other penalty. The order will require the offender to attend a series of three meetings with a named supervisor or another person directed by the supervisor. The purpose of the order is to assist the offender, through attendance at those meetings, to address the causes of their involvement in street prostitution and to find ways of ending that involvement.

Section 18 amends the Rehabilitation of Offenders Act 1974 to apply a specific rehabilitation period for those sentenced to an order under section 17 following conviction for loitering or soliciting. Broadly, the rehabilitation period is six months from the date of conviction.

Section 19 creates a new single offence of soliciting to replace the two existing offences in the Sexual Offences Act 1985 of kerb-crawling in a street or public place (section 1) and persistent soliciting in a street or public place (section 2) for the purposes of prostitution. The new section removes the need for persistency making kerb-crawling or soliciting punishable on the first occasion on which it occurs.

Section 20 makes equivalent provision to section 19 for Northern Ireland.

Section 21 gives the courts the power to close, on a temporary basis, premises being used for activities related to certain prostitution and pornography related offences.

These are:

• Paying for the sexual services of a child
• Causing or inciting child prostitution or pornography
• Controlling a child prostitute or a child involved in pornography
• Arranging or facilitating child prostitution or pornography
• Causing or inciting prostitution for gain
• Controlling prostitution for gain

Service of a closure notice by the police will prevent anyone from entering or remaining on the premises, unless they regularly reside in or own the premises, until a Magistrates’ court decides whether to make a closure order. If the court is satisfied that the relevant conditions are met, the court can make a closure order for a period of up to three months. An application can be made for the closure order to be extended but the total period for which a closure order has effect may not exceed six months in total.

You can access the legislation text here

The Policing and Crime Act official explanatory notes are here