PART 2CRIMINAL LAW

Sexual offences

45Penalties for offences of brothel-keeping and living on the earnings of prostitution

(1)

The Criminal Law (Consolidation) (Scotland) Act 1995 (c.39) is amended as follows.

(2)

In section 11 (trading in prostitution and brothel-keeping)—

(a)

in subsection (1), for the words from “liable” to the end substitute “guilty of an offence and liable to the penalties set out in subsection (1A)”,

(b)

after that subsection insert—

“(1A)

A person—

(a)

guilty of the offence set out in subsection (1)(a) is liable—

(i)

on conviction on indictment, to imprisonment for a term not exceeding seven years, to a fine, or to both,

(ii)

on summary conviction, to imprisonment for a term not exceeding 12 months, to a fine not exceeding the statutory maximum, or to both,

(b)

guilty of the offence set out in subsection (1)(b) is liable—

(i)

on conviction on indictment, to imprisonment for a term not exceeding two years,

(ii)

on summary conviction, to imprisonment for a term not exceeding 12 months.”,

(c)

in subsection (4), for “subsection (1)” substitute “subsection (1A)(a)”, and

(d)

for subsection (6) substitute—

“(6)

A person guilty of an offence under subsection (5) is liable—

(a)

on conviction on indictment, to imprisonment for a term not exceeding seven years, to a fine, or to both,

(b)

on summary conviction, to imprisonment for a term not exceeding 12 months, to a fine not exceeding the statutory maximum, or to both.”.

(3)

In section 13(9) (living on earnings of another from male prostitution), for paragraphs (a) and (b) substitute—

“(a)

on conviction on indictment, to imprisonment for a term not exceeding seven years, to a fine, or to both,

(b)

on summary conviction, to imprisonment for a term not exceeding 12 months, to a fine not exceeding the statutory maximum, or to both.”.