Part 3Sexual offences etc.

22Traffic in prostitution etc.

1

A person commits an offence who arranges or facilitates—

a

the arrival in the United Kingdom of, or travel there (whether or not following such arrival) 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.

2

For the purposes of subsection (1), 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

Subsection (1) applies to anything done—

a

in the United Kingdom; or

b

outwith the United Kingdom—

i

by an individual to whom subsection (6) applies; or

ii

by a body incorporated under the law of a part of the United Kingdom.

5

If an offence under this section is committed outwith the United Kingdom, proceedings may be taken in any place in Scotland; and the offence may for incidental purposes be treated as having been committed in that place.

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); and

f

a British protected person within the meaning of that Act.

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.