PART 2

CRIMINAL LAW

Sexual offences

Penalties for offences of brothel-keeping and living on the earnings of prostitution
45
1
The Criminal Law (Consolidation) (Scotland) Act 1995 (c.39) is amended as follows.
2
In section 11 (trading in prostitution and brothel-keeping)—
a
in subsection (1), for the words from “liable” to the end substitute “guilty of an offence and liable to the penalties set out in subsection (1A)”,
b
after that subsection insert—
1A
A person—
a
guilty of the offence set out in subsection (1)(a) is liable—
i
on conviction on indictment, to imprisonment for a term not exceeding seven years, to a fine, or to both,
ii
on summary conviction, to imprisonment for a term not exceeding 12 months, to a fine not exceeding the statutory maximum, or to both,
b
guilty of the offence set out in subsection (1)(b) is liable—
i
on conviction on indictment, to imprisonment for a term not exceeding two years,
ii
on summary conviction, to imprisonment for a term not exceeding 12 months.
,
c
in subsection (4), for “subsection (1)” substitute “subsection (1A)(a)”, and
d
for subsection (6) substitute—
6
A person guilty of an offence under subsection (5) is liable—
a
on conviction on indictment, to imprisonment for a term not exceeding seven years, to a fine, or to both,
b
on summary conviction, to imprisonment for a term not exceeding 12 months, to a fine not exceeding the statutory maximum, or to both.
.
3
In section 13(9) (living on earnings of another from male prostitution), for paragraphs (a) and (b) substitute—
a
on conviction on indictment, to imprisonment for a term not exceeding seven years, to a fine, or to both,
b
on summary conviction, to imprisonment for a term not exceeding 12 months, to a fine not exceeding the statutory maximum, or to both.
.