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Explanatory Memorandum to Sexual Offences (Northern Ireland) Order 2008

Article 58: Interpretation of this Part

7.122.This Article defines terms used Articles 59 to 61. Paragraph (2) applies the Article 41(2) definition of “prostitute” or “prostitution” to the offences. Paragraphs (3) and (4) define “payment” and “gain” as any financial advantage, including the discharge of a debt or obligation to pay, or the provision of goods or services (including sexual services) for free, or at a discount. The reference to "sexual services" would, for example, cover someone who controls the activities of a number of women in prostitution, where the gain or payment he derives from them is their engaging in sexual intercourse with him. Paragraph (4) also covers the goodwill of any person likely to bring such a financial advantage. For example, this would cover A inciting B to work as a prostitute for C, where A expects this will lead to C providing him (A) with cheap drugs at a later date. Paragraph (5) provides that conduct is persistent if it takes place on two or more occasions in any period of three months. Paragraph (6) defines “motor vehicle” and paragraph (7) defines “street” for the purposes of the offence as any bridge, road, lane, footway, subway, square, court, alley or passage whether thoroughfare or not, which is open to the public.

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