It is an offence for a person to keep, or to manage, or act or assist in the management of, a brothel to which people resort for practices involving prostitution (whether or not also for other practices).

(2)

In this section “prostitution” has the meaning given by section 51(2) of the Sexual Offences Act 2003.

34Landlord letting premises for use as brothel.C1

It is an offence for the lessor or landlord of any premises or his agent to let the whole or part of the premises with the knowledge that it is to be used, in whole or in part, as a brothel, or, where the whole or part of the premises is used as a brothel, to be wilfully a party to that use continuing.

37Prosecution and punishment of offences.

(1)

The Second Schedule to this Act shall have effect, subject to and in accordance with the following provisions of this section, with respect to the prosecution and punishment of the offences listed in the first column of the Schedule, being the offences under this Act and attempts to commit certain of those offences.

(2)

The second column in the Schedule shows, for any offence, if it may be prosecuted on indictment or summarily, or either, . . . F1 and what special restrictions (if any) there are on the commencement of a prosecution.

(3)

The third column in the Schedule shows, for any offence, the punishments which may be imposed on conviction on indictment or on summary conviction, a reference to a period giving the maximum term of imprisonment and a reference to a sum of money the maximum fine.

(4)

The fourth column in the Schedule contains provisions which are either supplementary to those in the second or third column or enable a person charged on indictment with the offence specified in the first column to be found guilty of another offence if the jury are not satisfied that he is guilty of the offence charged or of an attempt to commit it, but are satisfied that he is guilty of the other offence.

(5)

A provision in the fourth column of the Schedule enabling the jury to find the accused guilty of an offence specified in that provision authorises them, if not satisfied that he is guilty of the offence so specified, to find him guilty of any other offence of which they could find him guilty if he had been indicted for the offence so specified.

(6)

Where in the Schedule there is used a phrase descriptive of an offence or group of offences followed by a reference to a section by its number only, the reference is to a section of this Act, and the phrase shall be taken as referring to any offence under the section mentioned.

(7)

Nothing in this section or in the Second Schedule to this Act shall exclude the application to any of the offences referred to in the first column of the Schedule—

(a)

F2of F3section 24 of the Magistrates’ Courts Act 1980 (which relates to the summary trial of young offenders for indictable offences); or

(b)

of F4subsection (5) of section 121 of the Magistrates’ Courts Act 1980 (which limits the punishment which may be imposed by a magistrates’ court sitting in an occasional courthouse); or

(c)

of any enactment or rule of law restricting a court’s power to imprison; or

(d)

of any enactment or rule of law authorising an offender to be dealt with in a way not authorised by the enactments specially relating to his offence; or

(e)

of any enactment or rule of law authorising a jury to find a person guilty of an offence other than that with which he is charged.

39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

41Power of arrest in cases of trading in prostitution, or of soliciting by men.F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

42Power of search in case of man living on earnings of prostitution.F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

44Meaning of “sexual intercourse”.F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

45Meaning of “defective”.F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

46Use of words “man”, “boy”, “woman” and “girl”.C1 F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

47Proof of exceptions.F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1 E+W+S

1

Upon the conviction of the tenant or occupier (in this Schedule referred to as “the tenant”), the lessor or landlord may require the tenant to assign F1or transfer the lease or other contract under which the premises are held by him to some person approved by the lessor or landlord.

2

If the tenant fails to do so within three months, the lessor or landlord may determine the lease or contract (but without prejudice to the rights or remedies of any party thereto accrued before the date of the determination).

3

Where the lease or contract is determined under this Schedule, the court by which the tenant was convicted may make a summary order for delivery of possession of the premises to the lessor or landlord.

4

The approval of the lessor or landlord for the purposes of paragraph 1 of this Schedule shall not be unreasonably withheld.

5

This Schedule shall have effect subject to the Rent and Mortgage Interest Restrictions Acts 1920 to 1939, the M1Furnished Houses (Rent Control) Act 1946, Part II of the M2Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951, and Part I of the M3Landlord and Tenant Act 1954 F1Part I of the Housing Act 1988 and Schedule 10 to the Local Government and Housing Act 1989.

Schedule ThirdConsequential Amendments of Enactments not Consolidated.C1

Enactment and Subject matter	Amendment
. . . F1	. . .
The Children and Young Persons Act, 1933.
. . . F2	. . .
Subsection (2) of section ninety-nine (Presumption as to the truth of allegations about a person’s age in a charge or indictment).	for the words “except an offence under the Criminal Law Amendment Act, 1885” there shall be substituted the words “except as provided in that Schedule”.
First Schedule (Offences to which special provisions of the Act apply).	Immediately before the last entry there shall be inserted the following entry:— “Any offence against a child or young person under any of the following sections of the Sexual Offences Act, 1956, that is to say sections two to seven, ten to sixteen, nineteen, twenty, twenty-two to twenty-six and twenty-eight, and any attempt to commit against a child or young person an offence under section two, five, six, seven, ten, eleven, twelve, twenty-two or twenty-three of that Act: Provided that for the purposes of subsection (2) of section ninety-nine of this Act this entry shall apply so far only as it relates to offences under sections ten, eleven, twelve, fourteen, fifteen, sixteen, twenty and twenty-eight of the Sexual Offences Act, 1956 and attempts to commit offences under sections ten, eleven and twelve of that Act.”
The Magistrates’ Courts Act, 1952.	For the words “under section one of the Vagrancy Act, 1898” there shall be substituted the words “under section thirty, thirty-one or thirty-two of the Sexual Offences Act, 1956”.
The Visiting Forces Act, 1952.
Paragraph 1 of the Schedule (Offences not triable by United kingdom courts in the cases provided for by section three of the Act).	At the end of sub-paragraph (b) there shall be added as a new paragraph (viii):— “(viii) sections two to twenty-eight of the Sexual Offences Act 1956.”
. . . F3

Sexual Offences Act 1956 in Scotland

Contents

49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1 E+W+S