A prostitute's caution is a type of police caution in the United Kingdom. They are issued to those the police consider to be "loitering and soliciting". [1] Unlike other forms of police cautions, they are not regulated by statute law, but are based on an agreement between British police chiefs. [2]
Prostitute's cautions can be used as police as evidence of "persistence" for the criminal offence of persistently loitering or soliciting defined in Section1(1) of the Street Offences Act 1959, which states that "the conduct is persistent if it takes place on two or more occasions in any period of three months". [2]
There is no need for a criminal offence to be committed for one to be issued, nor is there any need for the person they are issued to admit to an offence. [3]
Unlike an ordinary police cautions, they do not expire until the person they are issued to reaches the age of 100, making them effectively life-long. [4] [5] Having a prostitute's caution can prevent its recipient (usually a woman) from taking on other forms of work that require vetting, such as work in the care sector. [6]
Solicitation is the act of offering, or attempting to purchase, goods and/or services. Legal status may be specific to the time or place where it occurs. The crime of "solicitation to commit a crime" occurs when a person encourages, "solicits, requests, commands, importunes or otherwise attempts to cause" another person to attempt or commit a crime, with the purpose of thereby facilitating the attempt or commission of that crime.
Street prostitution is a form of prostitution in which a prostitute solicits customers from a public place, most commonly a street, while waiting at street corners or walking alongside a street, but also other public places such as parks, benches, etc. The street prostitute is often dressed in a provocative manner. The sex act may be performed in the customer's car, in a nearby secluded street location, or at the prostitute's residence or in a rented motel room.
In Great Britain, the act of engaging in sex or exchanging various sexual services for money is legal, but a number of related activities, including soliciting in a public place, kerb crawling, owning or managing a brothel, and pimping, are illegal. In Northern Ireland, which previously had similar laws, paying for sex became illegal from 1 June 2015.
Loitering is the act of standing or waiting around idly without apparent purpose in some public places.
A kerb crawler is a person who drives around areas known for street prostitution, soliciting prostitutes for sexual activity. The act is known as kerb crawling because the person will typically drive very slowly along the kerbside.
Prostitution in Ireland is legal. However, since March 2017, it has been an offence to buy sex. All forms of third party involvement are illegal but are commonly practiced. Since the law that criminalises clients came into being, with the purpose of reducing the demand for prostitution, the number of prosecutions for the purchase of sex increased from 10 in 2018 to 92 in 2020. In a report from UCD's Sexual Exploitation Research Programme the development is called ”a promising start in interrupting the demand for prostitution.” Most prostitution in Ireland occurs indoors. Street prostitution has declined considerably in the 21st century, with the vast majority of prostitution now advertised on the internet.
Prostitution in Australia is governed by state and territory laws, which vary considerably, although none ban the selling of sex itself.
"Common prostitute" is a term used in English law related to prostitution. The term was first used in the Vagrancy Act 1824. The term continued to be used in the Street Offences Act 1959 which maintained the illegality of street prostitution. Section 1 stated: "It shall be an offence for a common prostitute to loiter or solicit in a street or public place for the purpose of prostitution."
Prostitution in Belize is legal, but the buying of sexual services is not. Associated activities such as operating a brothel, loitering for the purposes of prostitution and soliciting sex are also illegal.
Current laws passed by the Parliament of Canada in 2014 make it illegal to purchase or advertise sexual services and illegal to live on the material benefits from sex work. The law officially enacted criminal penalties for "Purchasing sexual services and communicating in any place for that purpose."
Prostitution in Trinidad and Tobago is legal but related activities such as brothel keeping, soliciting and pimping are illegal.
The legality of prostitution in Europe varies by country.
Prostitution in Scotland has been similar to that in England under the State of Union, but since devolution, the new Scottish Parliament has pursued its own policies.
There are a number of sexual offences under the law of England and Wales, the law of Scotland, and the law of Northern Ireland.
Prostitution in Northern Ireland is governed by the Human Trafficking and Exploitation Act 2015, which makes it illegal to pay for sex in Northern Ireland. Prior to the act coming into effect, prostitution in Northern Ireland was regulated by the same or similar laws to those in England and Wales, as it is elsewhere in the United Kingdom. At that time, prostitution in Northern Ireland was legal subject to a number of restraints which controlled certain activities associated with prostitution, such as soliciting, procuring, living on the proceeds of prostitution (pimping), exploitation of prostitutes, under-age prostitution, and keeping a brothel. However, devolution provided the opportunity for separate legislation in Northern Ireland.
Prostitution laws varies widely from country to country, and between jurisdictions within a country. At one extreme, prostitution or sex work is legal in some places and regarded as a profession, while at the other extreme, it is considered a severe crime punishable by death in some other places. A variety of different legal models exist around the world, including total bans, bans that only target the customer, and laws permitting prostitution but prohibiting organized groups, an example being brothels.
Prostitution in Namibia is legal and a highly prevalent common practice. Related activities such as solicitation, procuring and being involved in the running of a brothel are illegal. A World Bank study estimated there were about 11,000 prostitutes in Namibia.
Canada inherited its criminal laws from England. The first recorded laws dealing with prostitution were in Nova Scotia in 1759, although as early as August 19, 1675 the Sovereign Council of New France convicted Catherine Guichelin, one of the King's Daughters, with leading a "life scandalous and dishonest to the public", declared her a prostitute and banished her from the walls of Quebec City under threat of the whip. Following Canadian Confederation, the laws were consolidated in the Criminal Code. These dealt principally with pimping, procuring, operating brothels and soliciting. Most amendments to date have dealt with the latter, originally classified as a vagrancy offence, this was amended to soliciting in 1972, and communicating in 1985. Since the Charter of Rights and Freedoms became law, the constitutionality of Canada's prostitution laws have been challenged on a number of occasions.
Prostitution in Botswana is not illegal, but laws such as public disorder, vagrancy, loitering and state recognised religious provisions are used to prosecute prostitutes. Related activities such as soliciting and brothel keeping are illegal. Botswana has made proposals to make prostitution legal to prevent the spread of AIDS. However, there has been mass opposition to it by the Catholic Church. Prostitution is widespread and takes place on the street, bars, hotels, brothels and the cabs of long-distance trucks.
A Soho walk-up is a flat in Soho, London, United Kingdom, that is used by a female sex worker for the purposes of prostitution. The flats are located on the upper floors of buildings in Soho's red light district, often above shops, and accessed by a staircase from a door on the street. They form a distinctive way of working that is characteristic of the sex industry in Soho, originating in the 1960s and declining during the 21st century.