The Law on Prostitution

Prostitution is not an illegal offence, but if you are encouraging business or work, perhaps by advertising or street working, that is an arrestable offence and is called Soliciting.

The police will give you a caution for the first few sightings and then they can arrest you on charges for Soliciting/loitering and you can be convicted by the courts for this act. You cannot be imprisoned.

BUT if you are convicted, you may receive a fine, dependant on your circumstances. Non-payment of these fines will result in a warrant for your arrest. Then you can be imprisoned after being seen by the courts.

If convicted, caught again and you have several unpaid fines, the court may decide to give you a deferred sentence for a certain amount of time. This means that if you are caught working within that time you will be brought before the court and this could lead to imprisonment. If you do not get caught within this time then your fines may be quashed.

Young people under 18 years who come to notice as being involved in prostitution are dealt with in accordance with Home Office and Department of Health guidance.

'Prostitutes cautions' are no longer an available disposal for prostitutes under the age of 18.

Young people under 18 are seen as victims of abuse, who do not freely consent to protection. The aim is to divert them away from prostitution without involvement in the criminal justice system.

In exceptional cases, when diversion has repeatedly failed, the police may take criminal action against a young person under 18 for loitering, soliciting or importuning. This will be done in consultation with other agencies.

If the offence is admitted the young person under 18 will be dealt with under the Final Warning Scheme.

There is also a specific response where the young person under 18 does not admit the offence.

There is also an order called 'Anti Social Behaviour' (see below). This is used on anyone causing a disturbance to the general public, for example, drunken behaviour and discarding of drug equipment. This can be used on workers/prostitutes for noise, discarding of condoms, abuse to residents and regular visits at unusual times.

If you are served this order, breach of this will mean that you will be brought before the Magistrates court again and could be sentenced up to 5 years imprisonment.

Local Authority 'Civil Injunctions' (see below) are primarily for people that continue to offend. If this is brought to the attention of the Council, they will issue you a warning letter. If you continue to offend then the Council will work closely with the Police and you will be brought before the County Courts, then served an injunction.

This Court is more stringent, as they are less sympathetic and understanding to people’s circumstance.

If you continue after this, then the police are liable to arrest you and you will be placed back before the County Court. A 'Civil Action' may result and by the discretion of the judge you could be imprisoned.

Local Authority Civil Injunctions

• A local council can take out an injunction to protect local people and residents from anti-social behaviour.
• Activity around prostitution, such as soliciting, kerb crawling, noise, litter (condoms etc), abuse to residents and other local people and visits at anti-social times can all amount to anti-social behaviour.
• If this type of behaviour is brought to the attention of the council, they will normally issue a warning letter, asking you to stop the behaviour or they will go to court.
• If you continue the behaviour the Council can apply to the County Court for an injunction to be served on you, which will tell you what you cannot do. It is very likely that the Court will issue this injunction, especially if you have failed to do what the Council asked in their letter to you.
• The Council work closely with the police and they will know who has injunctions against them. If you ignore the directions in the injunction, the police may arrest you and you will be placed back before the County Court. The County Court Judge will be able to fine you or put you in prison.

Anti-social Behaviour Orders (ASBO)

• The police, local councils and housing associations can apply for an ASBO against anybody whose actions cause harassment, alarm or distress to other people.
• Just like injunctions, activity around prostitution, such as soliciting, kerb crawling, noise, litter (condoms etc), abuse to residents and other local people and visits at anti-social times can all amount to anti-social behaviour.
• An ASBO can be applied for in a Magistrates Court at its own hearing, or following a Magistrates or Crown Court case where you are convicted for a criminal offence (e.g. soliciting)
• If the Magistrates or Judge are satisfied that you caused harassment, alarm or distress and that it is necessary to protect other people from your behaviour, they can issue the ASBO.
• The ASBO will last for a minimum of 2 years and if your behaviour or offending was seriously upsetting people it could last for the rest of your life.
• The ASBO will include a number of conditions which may stop you from going to certain areas, going out at certain times, meeting and talking with friends or committing further offences of anti-social behaviour.
• Once the ASBO is served on you, if you breach any of the conditions set out in it, you will be arrested and taken before the Magistrates or Crown Court. The Government has given them guidance, to sentence people that have breached their ASBO’s to a term in prison. The maximum sentence is 5 years imprisonment.