Prostitution and Kerb Crawling Laws in the UK

Just like a number of countries throughout Europe, prostitution is not a criminal offence in the UK. It is legal for a person to work as a prostitute or escort and it is legal for a person to buy sexual services from another. However, there are some related activities that will be considered as criminal offences.

The following article explains the laws surrounding prostitution and kerb crawling throughout the UK, the legislation that governs this area and the potential penalties for offenders.

The Legal Definition of a Prostitute

The legal definition of a prostitute is outlined in the Sexual Offences Act 2003. The act defines a prostitute as being an individual who offers or gives sexual services to another person in exchange for a financial gain on one or more instances.

Prostitution

Although prostitution is not illegal throughout the UK, a number of related activities will be in breach of the law. This includes working as a pimp, running a brothel, kerb crawling, marketing sex workers by placing ‘business' cards in public areas or engaging in sexual activity in a public place. The law applies equally to both female and male sex workers and clients.

Street prostitution is illegal as per the legislation set out in the Street Offences Act 1959. This means that a prostitute will be breaking the law if they attempt to solicit or wait for custom in a public place, including on streets, in alleyways or within discreet public areas.

Penalties for Prostitution Offences

In the majority of cases, authorities will attempt to support a prostitute and work to help them find a way to cease prostitution. That said, prostitutes who break the law may be liable for punishment including formal cautions, arrest and criminal charges. Repeat offenders are more likely to receive an anti-social behaviour order.

Any prostitute who is under 18 is primarily considered to be a victim of abuse which will mean that they are more likely to avoid a penalty and receive additional support.

Pimping

Pimping is the term that refers to a person who controls prostitutes in exchange for financial reward. A pimp usually arranges the liaisons between a prostitute and a client in exchange for a fee. A person who is found guilty of exploiting a prostitute in this way may be liable for a prison sentence as per the legislation set out in the Criminal Justice Act 2003.

The length of the prison sentence will be decided based on the willingness of the prostitute as well as the involvement and level of exploitation inflicted on the prostitute. The following considerations will impact on the term of sentence imposed:

• A pimp who has mentally or physically coerced a prostitute is likely to receive a sentence of two to five years.
• If no coercion can be proven, but the pimp is closely connected to the prostitute, a prison term of between 26 weeks and two years is likely.
• No custodial sentence will be given if coercion does not exist and there is no involvement between the offender and the prostitute.

The Legality of Escort Agencies

As with the laws that make pimping illegal, escort agencies will also be considered to be in breach of legislation if they control their escorts. This means that an agency will be liable for legal action if they force or coerce workers into sexual services.

The Legality of Brothels

A brothel is recognised as being a premises where at least two prostitutes work. A sex worker is not required to charge a fee for their services in order for a building to be considered as a brothel. An individual person is able to work legally as a prostitute if they do so from a sole indoor property.

It is not legal for a person to keep, manage or help with the management of a brothel. This means that landlords or tenants who authorise a property to be used for this purpose will be in breach of the law.

Those who are guilty of breaking these laws are liable to a maximum prison sentence of 7 years. When the sentence is being determined, the actual role of the offender will influence the judge's decision, and as such, a receptionist is likely to receive a lesser sentence than a brothel manager or owner.

Kerb Crawling

Any person who attempts to solicit the services of a prostitute from a vehicle whilst driving on a street or in a public area will be breaking the law as per the legislation set out in the Sexual Offences Act 1985. What is more, this type of activity, often referred to as ‘kerb crawling' is an offence as per section 71 of the Criminal Justice and Police Act 2001 if it can be demonstrated that the activity caused grievance or annoyance to others who live in the area or if the behaviour is repetitive or persistent.

The penalties for those found guilty of kerb crawling include a top fine of £1,000 and a disqualification from driving under the Powers of the Criminal Courts Act 2000. As well as these punishments, offenders may be presented with an anti-social behaviour order (ASBO), a civil injunction or an acceptable behaviour contract.