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Procuring for prostitution

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Contact Armstrong Legal:
Sydney: (02) 9261 4555

John Sutton

In NSW, Procuring a Person for Prostitution carries a maximum penalty of 7 years imprisonment.

Prostitution includes acts between persons of different sexes or of the same sex, and includes:

  • sexual intercourse as defined in section 61H of the Crimes Act 1900, and
  • masturbation committed by one person on another.

In NSW, a court can impose any of the following penalties for a charge of procuring for prostitution.

You can find a brief description of each of these penalties at the bottom of this page.

THE OFFENCE OF PROCURING A PERSON FOR PROSTITUTION:

The offence of Procuring a Person for Prostitution is contained in section 91A of the Crimes Act 1900 which states: Whosoever procures, entices or leads away any person (not being a prostitute), whether with that person’s consent or not for purposes of prostitution, either within or without New South Wales, shall, notwithstanding that some one or more of the various acts constituting the offence may have been committed outside New South Wales, be liable to imprisonment for seven years.

WHAT ACTIONS MIGHT CONSTITUTE "PROCURING A PERSON FOR PROSTITUTION”?

Whilst prostitution in NSW is not illegal per se, it would be an offence against this section to procure (encourage, entice, recruit) someone to be a prostitute.

WHAT THE POLICE MUST PROVE:

To convict you of Procuring a Person for Prostitution, the prosecution must prove each of the following matters beyond a reasonable doubt:

  1. That you procured, enticed or led away the victim; and
  2. The victim was not a prostitute; and
  3. That procurement was for the purposes of prostitution.

POSSIBLE DEFENCES FOR PROCURING A PERSON FOR PROSTITUTION:

Possible defences to a procuring person to prostitution charge include but are not limited to:

  1. Duress
  2. Necessity
  3. Self Defence

WHICH COURT WILL HEAR YOUR MATTER?

This matter is a Table 1 offence which means that either the DPP or the accused can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.



Types of penalties:

Jail: This is the most serious penalty and involves full time detention in a correctional facility. Read more.

Intensive correction order (ICO): This option has replaced periodic detention. The court can order you to comply with a number of conditions, such as attending counselling or treatment, not consuming alcohol, complying with a curfew and performing community service. Read more.

Suspended sentence: This is a jail sentence that is suspended upon you entering into a good behaviour bond. Provided the terms of the good behaviour bond are obeyed the jail sentence will not come into effect. A suspended sentence is only available for sentences of imprisonment of up to two years. Read more.

Community service order (CSO): This involves either unpaid work in the community at a place specified by probation and parole or attendance at a centre to undertake a course, such as anger management. In order to be eligible for a CSO you have to be assessed by an officer of the probation service as suitable to undertake the order. Read more.

Good behaviour bond: This is an order of the court that requires you to be of good behaviour for a specified period of time. The court will impose conditions that you will have to obey during the term of the good behaviour bond. The maximum duration of a good behaviour bond is five years. Read more.

Fines: When deciding the amount the magistrate or judge should consider your financial situation and your ability to pay any fine they set. Read more.

Section 10: avoiding a criminal record. Normally, when you plead guilty to a criminal offence, the court imposes a penalty and records a conviction. If the court records a conviction, you will have a criminal record. However, if we can convince the court not to convict you, there will be no penalty of any type and no criminal record. In all criminal cases, the court has the discretion not to convict you, but to give you a Section 10 dismissal instead. Read more.


where to next?

If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.

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