Part 1 Provisions for Combatting Crime and Disorder

Chapter 3 Other provisions for combatting crime and disorder

Advertisements relating to prostitution

46 Placing of advertisement relating to prostitution

1

A person commits an offence if—

a

he places on, or in the immediate vicinity of, a public telephone an advertisement relating to prostitution, and

b

he does so with the intention that the advertisement should come to the attention of any other person or persons.

2

For the purposes of this section, an advertisement is an advertisement relating to prostitution if it—

a

is for the services of a prostitute, whether male or female; or

b

indicates that premises are premises at which such services are offered.

3

In any proceedings for an offence under this section, any advertisement which a reasonable person would consider to be an advertisement relating to prostitution shall be presumed to be such an advertisement unless it is shown not to be.

4

A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or both.

5

In this section—

  • “public telephone” means—

    1. a

      any telephone which is located in a public place and made available for use by the public, or a section of the public, and

    2. b

      where such a telephone is located in or on, or attached to, a kiosk, booth, acoustic hood, shelter or other structure, that structure; and

  • “public place” means any place to which the public have or are permitted to have access, whether on payment or otherwise, other than—

    1. a

      any place to which children under the age of 16 years are not permitted to have access, whether by law or otherwise, and

    2. b

      any premises which are wholly or mainly used for residential purposes.

6

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47 Application of section 46 by order to public structures

1

The Secretary of State may, by order, provide for section 46 to apply in relation to any public structure of a description specified in the order as it applies in relation to a public telephone.

2

In this section—

  • “public structure” means any structure that—

    1. a

      is provided as an amenity for the use of the public or a section of the public, and

    2. b

      is located in a public place; and

  • “public place” and “public telephone” have the same meaning as in section 46.

3

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4

The power to make an order under this section is exercisable by statutory instrument.

5

No order may be made under this section unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.