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Explanatory Memorandum to Sexual Offences (Northern Ireland) Order 2008

Exploitation of prostitution
Article 62: Causing or inciting prostitution for gain

7.127.Article 62 makes it an offence for a person (A) intentionally to cause or incite a person (B) into prostitution anywhere in the world where A does so for or in expectation of gain for himself or for a third party. Although this offence is not specifically limited to where B is aged 18 or over, it is aimed at cases where B is an adult, as the offence at Article 38 specifically covers cases where B is under 18. Although prostitution by adults aged 18 or over is not an offence in itself, this offence is intended to cover those who, for gain, recruit others into prostitution, whether this be by the exercise of force or otherwise.

Article 63: Controlling prostitution for gain

7.128.Article 63 makes it an offence for a person (A) intentionally to control another person's activities relating to prostitution, in any part of the world, where A does so for, or in the expectation of, gain for himself or a third party. This offence covers the same behaviour as Article 39, but is limited to prostitution. Although this offence is not specifically limited to cases where the person controlled is aged 18 or over, it is aimed at those cases, as the offence at Article 39 specifically covers cases where the person controlled is under 18.

Article 64: Keeping a brothel used for prostitution

7.129.Article 64 makes it an offence to keep a brothel used for prostitution. The new offence is triable either way with a maximum penalty on indictment of 7 years imprisonment.

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