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Street Offences Act 1959
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Changes over time for: Section 2
Version Superseded: 01/05/2004
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- 01/02/1991- Amendment
- 01/02/1991
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- 01/04/2010- Amendment
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2 Application to court by woman cautioned for loitering or soliciting.
(1)Where a woman is cautioned by a constable, in respect of her conduct in a street or public place, that if she persists in such conduct it may result in her being charged with an offence under section one of this Act, she may not later than fourteen clear days afterwards apply to a magistrates’ court for an order directing that there is to be no entry made in respect of that caution in any record maintained by the police of those so cautioned and that any such entry already made is to be expunged; and the court shall make the order unless satisfied that on the occasion when she was cautioned she was loitering or soliciting in a street or public place for the purpose of prostitution.
(2)An application under this section shall be by way of complaint against the chief officer of police for the area in which the woman is cautioned or against such officer of police as he may designate for the purpose in relation to that area or any part of it; and, subject to any provision to the contrary in rules made under [F1section 144 of the Magistrates’ Courts Act 1980], on the hearing of any such complaint the procedure shall be the same as if it were a complaint by the police officer against the woman, except that this shall not affect the operation of [F1sections 55 to 57 of that Act] (which relate to the non-attendance of the parties to a complaint).
(3)Unless the woman desires that the proceedings shall be conducted in public, an application under this section shall be heard and determined in camera.
(4)In this section references to a street shall be construed in accordance with subsection (4) of section one of this Act.
Textual Amendments
F1Words substituted by Magistrates' Courts Act 1982 (c. 43, SIF 82), Sch. 7 para. 30
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