Part 3

Sexual offences etc.

Traffic in prostitution etc.
22
1
A person commits an offence who arranges or facilitates—
a
the arrival in or the entry into the United Kingdom of, or travel there (whether or not following such arrival or entry) 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.
1A
A person to whom subsection (6) applies commits an offence if the person arranges or facilitates—
a
the arrival in or the entry into a country (other than the United Kingdom), or travel there (whether or not following such arrival or entry) 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 a country (other than the United Kingdom) 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 country.
2
For the purposes of subsections (1) and (1A), 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
Subsections (1) and (1A) apply to anything done in or outwith the United Kingdom.
5
A person may be prosecuted, tried and punished for any offence to which this section applies—
a
in any sheriff court district in which the person is apprehended or is in custody, or
b
in such sheriff court district as the Lord Advocate may determine,
as if the offence had been committed in that district (and the offence is, for all purposes incidental to or consequential on the trial or punishment, to be deemed to have been committed in that district).
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); ...
f
a British protected person within the meaning of that Act.
g
a person who at the time of the offence was habitually resident in Scotland, and
h
a body incorporated under the law of a part of the United Kingdom.
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.
S. 22(1A) inserted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 46(1)(b), 206(1); S.S.I. 2011/178, art. 2, sch.
Words in s. 22(1)(a) inserted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 46(1)(a)(i), 206(1); S.S.I. 2011/178, art. 2, sch.
Words in s. 22(1)(a) inserted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 46(1)(a)(ii), 206(1); S.S.I. 2011/178, art. 2, sch.
Words in s. 22(2) substituted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 46(1)(c), 206(1); S.S.I. 2011/178, art. 2, sch.
S. 22(4) substituted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 46(1)(d), 206(1); S.S.I. 2011/178, art. 2, sch.
S. 22(5) substituted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 46(1)(e), 206(1); S.S.I. 2011/178, art. 2, sch.
Word in s. 22(6) repealed (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 46(1)(f)(i), 206(1); S.S.I. 2011/178, art. 2, sch.
S. 22(6)(g)(h) inserted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 46(1)(f)(ii), 206(1); S.S.I. 2011/178, art. 2, sch.