Richard Ford, Home Correspondent
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The law on prostitution is to be reformed under government measures announced last night that will result in thousands fewer offenders being sent to jail each year.
Ministers are also to scrap the term “common prostitute”, 183 years after it was first used in the Vagrancy Act of 1824.
The reforms are in Tony Blair’s 55th Criminal Justice Bill, which will also impose fines of up to £1,000 on people causing trouble on NHS premises, particularly in accident and emergency on Friday and Saturday nights.
Ministers are to overhaul the 48-year-old law on loitering for the purposes of prostitution in an attempt to encourage prostitutes to enter rehabilitation to deal with drug and alcohol abuse.
It will no longer be an offence to loiter, or solicit, for the purposes of prostitution unless a person does so persistently. Persistent is defined as loitering on “two or more occasions in any three-month period”. Even those convicted of persistent loitering will no longer face a fine or other penalty, but could be forced to meet a supervisor in an effort to rehabilitate them.
A spokesman for the Justice Ministry said last night: “The law is not being relaxed. It is defining what the term persistent means. In most cases people are not currently prosecuted until they have received at least two cautions.”
But ministers are carrying out further consultation on a controversial proposal for mini-brothels that would allow two women and a maid to operate legally from premises.
David Hanson, Minister for Justice, defended the decision to replace the term “common prostitute” with the word person, which was recommended as long ago as 1982.
He said: “I think what we need to get away from is labelling individuals.”
He said of the rehabilitation plan: “This will have the benefit of improving the lives of those who are involved in prostitution and also improving the communities in which prostitution occurs.”
A prostitute would be required to attend three meetings, at which they would be helped to deal with the causes of their involvement in prostitution including alcohol abuse and drug addiction.
Under the Bill, family and friends of patients who cause trouble also face fines of up to £1,000 if they also cause trouble. Mr Hanson said: “It is important that we look to tackle some of the issues that nurses and doctors face in the frontline of the NHS, particularly in accident and emergency and when individuals arrive in a state of alcoholic inebriation.
“There are a number of incidents where staff are threatened by the family, friends and others of those who have turned up at hospital.
“I hope this will set a standard which will put in place protection for nurses and doctors and say to those who come to hospital that we will not tolerate abuse or outlandish behaviour in the NHS.” He added: “I hope it will not be used.”
The Bill creates a new immigration status for foreigners who have committed terrorist or other serious crimes. It will be much more difficult for them to win the right to stay in Britain permanently. Offenders, such as those in the Afghan hijack case, who won a legal action against the Government which allowed them to stay, would be subject to a rolling system of permission to remain in the country.
Other measures include: stopping “plainly guilty” offenders having their convictions quashed as a result of procedural irregularities; increasing the amount of compensation which can be awarded to people wrongly convicted of crimes to £500,000; introducing violent offender orders, which will impose restrictions on people convicted of violent offences when they leave jail; and making it illegal to possess indecent photographs of children, even if they have been made electronically.
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Exactly, Richard. Every time I think NuLabour can't get any more illiberal they come out with a corker like this one. What a fascinating approach to the State's employment of the machinery of law against one of its subjects. Wotthehell, archie, let's throw out centuries of jurisprudential safeguards (Blackstone? Who he?) and cleave to the "he was bang to rights, guv" approach.
David Gillies, San Jose, Costa Rica
The Government should at least be congratulated for finally showing some compassion to sex workers, and now regarding them as 'persons' rather than a separate class of citizens with diminished rights.
However when 5 women died in Ipswich last December, the Prime Minister undertook to protect these people. Instead we have witnessed renewed campaigns of persecution, which have been demonstrated to be fruitless, harmful and an enormous waste of limited resources, all over the world. Sex workers may no longer be labelled as 'common prostitutes' if this Bill is enacted, but they remain marginalised. Sex work is a Public Health and Human Rights issue, not a matter for criminal law, which has an abundance of provisions for addressing seriously anti-social behaviour. The current policy of prohibition is one that generally creates crime rather than reduces it.
Governments like to 'get tough on crime' because of a belief that this is popular at the polls. In fact only prevention works.
Michael Goodyear, Dalhousie University, Halifax, Nova Scotia, Canada
The benefit that the minister speaks of will end up as prison time, the basic tenet of the argument is wrong, pretend 'civil,' agreements with 'criminal,' sanctions = prison,
I would like to ask the minister about what he knows about his peers using the services of prostitutes, and the hypocracy of his answer,
grow up mr brown/blair ...regulate these real markets as it is a real business, or it will end up in yet more Ipswich situations, which is the aim, I fear, as yet more 'professionals,' move in to state the bleedin obvious,and all the internal 'contracts,' that go with that,
unlike most of europe who are big enough and grown up enough to deal with these difficult and blured issues.In a mabye more meaningful manner!
van, leeds, west riding
More to the point, Richard of London. Why is this outrageous proposal buried as an aside at the bottom of the article rather than being headline news? Perhaps The Times considers its readers are more interested in prostitution than the legal rights of the plainly guilty. I did not stand up for the plainly guilty because I wasn't one of them, I did not stand up for the guiltyish because I wasn't one of them, I did not stand up for the plainly anti-social because I was not one of them, then they came for the innocent.... Did Magna Carta die in vain, indeed?
Paul Buddery, Dolphin Heads, Australia
I expect the Bulgarian, Romanian, Albanian, Russian and other gangsters that are proliferating over here since we've lost control of our borders, will be only too delighted at the relaxation of of the laws relating to prostitutes, sorry, sex workers. Or is it sex persons now?
Coming to a high street near you!
As for fines for troublemakers, these would be the ones who won't pay them anyway, and won't go to jail for not paying them because there isn't any room in the jails, even if the judges aren't asked to go easy on them.
What a farce. 55th criminal justice bill in 10 years. You couldn't write it.
Martin, London,
Can't see why we don't just legalise prostitution, there is no need to send people to jail over this.
C Parkes, West Midlands,
Given the current shortage of gaol cells , this is surely preferable to releasing burglars and drug dealers early , or not imprisoning them at all !
Benzo, Nr Chelmsford,
Grasp the nettle and legalise/tolerate prostitution in the way the mst Western European countries do. Oh, no, we can't do that because we will offend the Church - that the vast majority of us do not attend - and the very vocal moral minority.
Roger Tilbury, Worthing,
Don't you love the bit about "stopping âplainly guiltyâ offenders having their convictions quashed as a result of procedural irregularities". Classic Blairite saloon bar law making. An accused person is entitled to be tried according to the due process of law - unless of course they are plainly guilty, in which case, any old process will do.
Richard, London,