Premises used for Child Prostitution Charge - Lawyer / Solicitor Article.
Criminal Law Article written by: Lionel Rattenbury (criminal defence lawyer specialising in assault matters)
The Law - Premises used for Child Prostitution - Law – Lawyer / Solicitor Article Section 91 of the Crimes Act states: 91F (1) Any person who is capable of exercising lawful control over premises at which a child participates in an act of child prostitution is liable to imprisonment for 7 years. (2) For the purposes of this section, each person: (a) who is an owner, lessee, licensee or occupier of premises, or
(b) who is concerned in the management of premises or in controlling the entry of persons to, or their movement within, premises, is to be considered as capable of exercising lawful control over the premises, whether or not any other person is capable of exercising lawful control over the premises. (3) A person is not guilty of an offence under this section relating to an act of child prostitution if the person satisfies the court: (a) that the person did not know about the act, or
(b) that the person did not know that a child was participating in the act or, for any other reason, did not know that the act was an act of child prostitution, or
(c) that the person used all due diligence to prevent the child from participating in the act.
Maximum Penalty - Premises used for Child Prostitution - Penalties – Lawyer / Solicitor Article
The Maximum penalty for the offence of Premises used for child prostitution is seven years imprisonment.
What the Police must prove - Premises used for Child Prostitution - Lawyer / Solicitor Article
In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt. - The accused was capable of exercising lawful control over premises;
- A child participated in an act of child prostitution at those premises.
It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.
Possible Defences - Premises used for Child Prostitution - Defences – Lawyer / Solicitor Article
The Crimes Act provides a defence to the offence. Section 91F(3) states: 91F(3) A person is not guilty of an offence under this section relating to an act of child prostitution if the person satisfies the court:
(a) that the person did not know about the act, or
(b) that the person did not know that a child was participating in the act or, for any other reason, did not know that the act was an act of child prostitution, or
(c) that the person used all due diligence to prevent the child from participating in the act. Other possible defences to this offence include but are not limited to - Duress
- Necessity
What court is likely to hear the matter - Lawyer / Solicitor Article
This matter is strictly indictable which means that it can only be finalised in the District Court.
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