Police warning over new sex law

Police say many kerb crawlers could still escape prosecution

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.

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 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.

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 Bunch Acpos

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.

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.

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

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".

"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.

"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.