Policing and Crime Bill

I appreciate the contributions from noble Lords to this debate on whether Clause 18 shall stand part of the Bill. Clause 18 replaces the two offences of kerb-crawling and soliciting found in the Sexual Offences Act 1985. Kerb-crawling is therefore already a criminal offence and, as the noble Lord, Lord Pannick, pointed out, we are removing the requirement for persistence rather than creating a totally new offence. Unlike the existing offence, the new one will allow the police to prosecute an offender on the first occasion that they are found to be kerb-crawling or soliciting, without the need to prove persistent behaviour or, in the case of kerb-crawling, that the behaviour is likely to cause annoyance to the person solicited or to others in the neighbourhood. Responses to Paying the Price, the Government’s consultation paper on prostitution published in 2004, highlighted that kerb-crawling was a considerable source of nuisance to many communities. Issues of concern ranged from unwanted propositioning of local residents, including young people, to congestion caused by slow-moving traffic. Building on what was learnt from that consultation, the prostitution strategy acknowledged the impact of street prostitution and made enforcement against kerb-crawling a key priority. In addition, based on responses to the consultation, the strategy emphasised the need to tackle demand in order to achieve an overall reduction in street prostitution. Subsequently, the Government’s Tackling the Demand review recommended that, as part of the wider package of measures to target those who pay for sex, kerb-crawling or soliciting for prostitutes should be made punishable on the first occasion when it occurs. I respect the view of the noble Baroness, Lady Miller of Chilthorne Domer, on decriminalising prostitution. That does not, of course, conform to the views of the UK Government or with what we are seeking to achieve in this clause or, indeed, in the Bill. We have looked at the question of managed areas, which is an option. The fact is that there is no real evidence that formally managed areas can deliver what we want; to improve the safety of those involved in prostitution and the safety of communities. We believe that we should challenge the existence of street prostitution, not imply through the development of managed areas that it is acceptable or that its existence should be tolerated. The question was also raised of the definition of a public place. Whether a place is public is a question of fact and degree; cases have defined it as a place where the public go, whether or not they have a right to go there. There may also be a public place even where there is a right to exclude particular members of the public. We believe, therefore, that this clause moves in the direction of the Government’s general intent in looking at the prostitution and curbing demand. On that basis, we believe that it is a message which we want to carry forward. Therefore we believe that the power to prosecute kerb-crawlers and those who solicit on the street or in a public place without the need to prove persistence will make the offence easier to prosecute and send a strong message of deterrence to offenders, who are of course the kerb-crawlers.