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.