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In NSW an act of child prostitution in a premises over which a person has control is an offence.
A person can be charged with this offence if they have control over the premises the act is occurring in, either by being an owner, lease holder, licensee or resident at the premises.
A person can defend the matter by attempting to satisfy the court that they did not know about the act or did not know that one or more of the persons engaging in the act of prostitution was a child.
The maximum penalty for this offence is 7 years imprisonment.
The offence of Premises used for Child Prostitution is contained in s 91F of the Crimes Act 1900 (NSW) and states:
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.
Examples of Premises used for Child Prostitution include:
To convict you of Premises used for Child Prostitution the prosecution must prove each of the following matters beyond reasonable doubt:
The most common ways to defend this charge are:
The offence is strictly indictable and can only be finalised in the District or Supreme Court.
Section 10 for a premises used for child prostitution charge: 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.
Fines for a premises used for child prostitution charge: When deciding the amount of a fine for a premises used for child prostitution charge the magistrate or judge should consider your financial situation and your ability to pay any fine they set. Read more.
Good behaviour bond for a premises used for child prostitution charge: 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.
Community service order for a premises used for child prostitution charge. (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.
Suspended sentence for a premises used for child prostitution charge: 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.
Periodic detention for a premises used for child prostitution charge (commonly known as weekend detention): This form of imprisonment ceased to be a sentencing option in October 2010.
Intensive correction order for a premises used for child prostitution charge (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.
Jail for a premises used for child prostitution charge: This is the most serious penalty for the charge of premises used for child prostitution and involves full time detention in a correctional facility. Read more.
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.