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| Version 2 | Version 3 |
|---|---|
| Police warning over new sex law | Police warning over new sex law |
| (4 days later) | |
| Senior police officers have warned that Scottish legislation to tackle kerb crawling will be virtually ineffective. | Senior police officers have warned that Scottish legislation to tackle kerb crawling will be virtually ineffective. |
| They have written to MSPs saying that, without significant redrafting, many men trying to buy sex on the street will continue to escape prosecution. | They have written to MSPs saying that, without significant redrafting, many men trying to buy sex on the street will continue to escape prosecution. |
| The new Prostitution Bill is intended to prosecute people who buy sexual services in the same way as it does prostitutes. | The new Prostitution Bill is intended to prosecute people who buy sexual services in the same way as it does prostitutes. |
| The Scottish Executive rejected the criticism of the bill. | The Scottish Executive rejected the criticism of the bill. |
| The offence, applying to both parties, changes from soliciting for sex to causing public nuisance or offence. | The offence, applying to both parties, changes from soliciting for sex to causing public nuisance or offence. |
| However, the Association of Chief Police Officers (Acpos) said that unless the definition of kerb crawling was tightened up, men cruising red light areas would escape prosecution. | However, the Association of Chief Police Officers (Acpos) said that unless the definition of kerb crawling was tightened up, men cruising red light areas would escape prosecution. |
| The concerns were detailed in evidence to Holyrood's Local Government Committee, which is scrutinising the bill. | The concerns were detailed in evidence to Holyrood's Local Government Committee, which is scrutinising the bill. |
| Police officers would require to overhear the discussions between the purchaser and seller to confirm that a transaction had taken place Harry BunchAcpos | Police officers would require to overhear the discussions between the purchaser and seller to confirm that a transaction had taken place Harry BunchAcpos |
| Harry Bunch, acting general secretary of Acpos, told the committee that the offence was only complete once a person had "solicited" sexual services. | Harry Bunch, acting general secretary of Acpos, told the committee that the offence was only complete once a person had "solicited" sexual services. |
| "This does not include persons driving slowly in an area or parked without soliciting, as intent cannot be proven," he said. | "This does not include persons driving slowly in an area or parked without soliciting, as intent cannot be proven," he said. |
| The legislation also stated that "loitering" could not take place within a vehicle, he added. | The legislation also stated that "loitering" could not take place within a vehicle, he added. |
| This was meant to be a protection for innocent people passing through an area. | This was meant to be a protection for innocent people passing through an area. |
| Mr Bunch said: "Since kerb crawling has been identified as a major source of discontent in communities affected by prostitution, the bill is therefore unlikely to satisfy the needs and demands of the community." | Mr Bunch said: "Since kerb crawling has been identified as a major source of discontent in communities affected by prostitution, the bill is therefore unlikely to satisfy the needs and demands of the community." |
| Legal practicalities | Legal practicalities |
| He suggested a rewording of the definition of loitering and also questioned other legal practicalities, telling the MSPs that Acpos had consulted with Glasgow's procurator fiscal service. | He suggested a rewording of the definition of loitering and also questioned other legal practicalities, telling the MSPs that Acpos had consulted with Glasgow's procurator fiscal service. |
| Prosecutors said the evidence required to prove sex had been sold could be "problematic". | Prosecutors said the evidence required to prove sex had been sold could be "problematic". |
| "The opinion of the procurator fiscal is that the witnessing of the approach, and subsequent departure of the purchaser with a known prostitute would be insufficient to substantiate proceedings in relation to this offence," Mr Bunch said. | "The opinion of the procurator fiscal is that the witnessing of the approach, and subsequent departure of the purchaser with a known prostitute would be insufficient to substantiate proceedings in relation to this offence," Mr Bunch said. |
| "Police officers would require to overhear the discussions between the purchaser and seller to confirm that a relevant transaction had taken place. | "Police officers would require to overhear the discussions between the purchaser and seller to confirm that a relevant transaction had taken place. |
| "This presents difficulties as it would be unlikely that a purchaser would solicit the services in proximity to the police." | "This presents difficulties as it would be unlikely that a purchaser would solicit the services in proximity to the police." |
| He added that the mere presence of police would in most cases cause purchasers to leave the area. | He added that the mere presence of police would in most cases cause purchasers to leave the area. |