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Criminal Justice (Scotland) Act 2003

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This is the original version (as it was originally enacted).

22Traffic in prostitution etc.

This section has no associated Explanatory Notes

(1)A person commits an offence who arranges or facilitates—

(a)the arrival in the United Kingdom of, or travel there (whether or not following such arrival) by, an individual and—

(i)intends to exercise control over prostitution by the individual or to involve the individual in the making or production of obscene or indecent material; or

(ii)believes that another person is likely to exercise such control or so to involve the individual,

there or elsewhere; or

(b)the departure from there of an individual and—

(i)intends to exercise such control or so to involve the individual; or

(ii)believes that another person is likely to exercise such control or so to involve the individual,

outwith the United Kingdom.

(2)For the purposes of subsection (1), a person exercises control over prostitution by an individual if the person exercises control, direction or influence over the prostitute’s movements in a way which shows that the person is aiding, abetting or compelling the prostitution.

(3)A person guilty of an offence under this section is liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding fourteen years, to a fine or to both; or

(b)on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.

(4)Subsection (1) applies to anything done—

(a)in the United Kingdom; or

(b)outwith the United Kingdom—

(i)by an individual to whom subsection (6) applies; or

(ii)by a body incorporated under the law of a part of the United Kingdom.

(5)If an offence under this section is committed outwith the United Kingdom, proceedings may be taken in any place in Scotland; and the offence may for incidental purposes be treated as having been committed in that place.

(6)This subsection applies to—

(a)a British citizen;

(b)a British overseas territories citizen;

(c)a British National (Overseas);

(d)a British Overseas citizen;

(e)a person who is a British subject under the British Nationality Act 1981 (c. 61); and

(f)a British protected person within the meaning of that Act.

(7)In this section, “material” has the same meaning as in section 51 of the Civic Government (Scotland) Act 1982 (c. 45) and includes a pseudo-photograph within the meaning of section 52 of that Act, a copy of a pseudo-photograph and data stored on a computer disc or by any other electronic means which is capable of conversion into a photograph or pseudo-photograph.

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