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Section 13 Proceedings against brothel keeper, etc.C2

Scotland

(1)

Any person who—

(a)

keeps or manages or acts or assists in the management of a brothel, or

(b)

being the tenant, lessee, occupier or person in charge of any premises, knowingly permits such premises or any part thereof to be used as a brothel or for the purposes of habitual prostitution, or

(c)

being the lessor or landlord of any premises, or the agent of such lessor or landlord, lets the same or any part thereof with the knowledge that such premises or some part thereof are or is to be used as a brothel, or is wilfully a party to the continued use of such premises or any part thereof as a brothel,

shall be liable on summary conviction in the sheriff court—

C1(i)

to a fine not exceeding F1level 4 on the standard scale or to imprisonment for a term not exceeding three months, and

(ii)

on a second or subsequent conviction, to a fine not exceeding F2level 4 on the standard scale or to imprisonment for a term not exceeding six months,

or to both such fine and imprisonment; and shall be liable on conviction in the district court to a fine not exceeding F3level 3 on the standard scale or to imprisonment for a term not exceeding three months or to both such fine and imprisonment.

(2)

In determining whether or not a conviction under subsection (1) above is a second or subsequent conviction for the purposes of head (ii) thereof, there shall be taken into account any conviction under section 13 of the M1Criminal Law Amendment Act 1885 (the provision replaced for Scotland by subsection (1) above) or under section 33, 34, 35 or 36 of the M2Sexual Offences Act 1956 (the corresponding provisions for England and Wales) as well as any conviction under subsection (1) above.

(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

Annotations

Textual amendments

F1

Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289E–289G

F2

Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289E–289G

F3

Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), ss. 289F, 289G

F4

S. 13(3) repealed by Civic Government (Scotland) Act 1982 (c. 45, SIF 82), Sch. 4

Marginal citations

M1

1885 c. 69.

M2

1956 c. 69.

Modifications

C1

Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289E (in relation to liability on first and subsequent convictions), applies

C2

Ss. 13, 14 amended by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), s. 80(13)

Notes on the whole Act

Textual amendments

F1

Act repealed (retrospective to 1.4.1996) by 1997 c. 48, s. 62(1)(2), Sch. 1 para. 6(1)(2), Sch. 3; S.I. 1997/1712, art. 3, Sch.