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Criminal Law Legislation Update

Document Cited authorities 12 Cited in Related
AuthorLaura McGowa
DOI10.1350/jcla.2010.74.3.630
Published date01 June 2010
Date01 June 2010
Criminal Law
Legislation Update*
Laura McGowan†
Statutory instruments
The Policing and Crime Act 2009 (Commencement No. 4) Order
2010 (SI 2010 No. 507) was made on 27 February 2010. It brings into
force on 1 April 2010 the following provisions of the Policing and Crime
Act 2009: s. 14, paying for sexual services of a prostitute subjected to
force; s. 16, amendment to offence of loitering for purposes of prostitu-
tion; s. 17, orders requiring attendance at meetings; s. 18, rehabilitation
of offenders; s. 19, soliciting; s. 21, closure orders in relation to England
and Wales only; s. 22, time limits; ss 23, 24 and 25, foreign travel orders.
Other provisions coming into force are ss 103–107, football spectators;
s. 108 (strategies for crime reduction, etc.: probation authorities) insofar
as not already in force; s. 112(1), minor and consequential amendments
and repeals and revocations insofar as it relates to the provisions of
Part 3 of Sched. 7 specified in art. 5(v) of the Commencement Order and
Part 12 of Sched. 7; s. 112(2), minor and consequential amendments
and repeals and revocations insofar as it relates to Parts 2 and 11 of
Sched. 8; Sched. 1 (Schedule to the Street Offences Act 1959); Sched. 2
closure orders in relation to England and Wales only; Sched. 6 amend-
ment of Part 3 of the Aviation Security Act 1982 in relation to Northern
Ireland only; paras 18–22, 24 and 26 of Sched. 7; Part 12 of Sched. 7;
Parts 2 and 11 of Sched. 8.
Section 14 of the Policing and Crime Act 2009 states that a person
(A) commits an offence if A makes or promises payment for the sexual
services of a prostitute (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 engaged in
that conduct for or in the expectation of gain for C or another person
(apart from A or B). The following are irrelevant: where in the world the
sexual services are to be provided and whether those services are
provided; whether A is, or ought to be, aware that C has engaged in
exploitative conduct. C engages in exploitative conduct if C uses force,
threats (whether or not relating to violence) or any other form of
coercion, or C practises any form of deception. A person guilty of an
offence under s. 14 is liable on summary conviction to a fine not
exceeding level 3 on the standard scale. The important point in relation
to this offence is that the prosecution is not required to prove that a
* As at 12 March 2010.
† Barrister, Carmelite Chambers; e-mail: laurajmcgowan@gmail.com.
185The Journal of Criminal Law (2010) 74 JCL 185–188
doi:10.1350/jcla.2010.74.3.630

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