The noble Baroness seems to be going to great lengths to protect the person who under previous laws could be caught for persistently soliciting and now, for the first time, can be caught for soliciting on the first occasion. That is the key; if they are asking an innocent question, they are not soliciting and there is no basis for a prosecution. We also have to take account of the feelings of people whose lives are interrupted by people kerb-crawling down streets in their locality and propositioning young people, wives, sisters, mothers and others who live in that community. We have to take a more balanced approach.
There is no reason to think that there will be prosecutions where there is no persistence. The prosecutor will have to prove each case of kerb-crawling. Unless we have a total lack of faith in our magistrates’ courts, that should be a sufficient defence. We have to strike a balance between the safety of sex workers, who for whatever reason indulge in street prostitution, and the people who live in the locality. The proposal in the clause takes a correct view of that balance.
Policing and Crime Bill
Proceeding contribution from
Lord Brett
(Labour)
in the House of Lords on Monday, 6 July 2009.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Policing and Crime Bill.
Type
Proceeding contribution
Reference
712 c455 
Session
2008-09
Chamber / Committee
House of Lords chamber
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