Criminal Justice and Police Act 2001

46 Placing of advertisement relating to prostitution E+W

(1) A person commits an offence if—

(a) he places on, or in the immediate vicinity of, a public telephone an advertisement relating to prostitution, and

(b) he does so with the intention that the advertisement should come to the attention of any other person or persons.

(2) For the purposes of this section, an advertisement is an advertisement relating to prostitution if it—

(a) is for the services of a prostitute, whether male or female; or

(b) indicates that premises are premises at which such services are offered.

(3) In any proceedings for an offence under this section, any advertisement which a reasonable person would consider to be an advertisement relating to prostitution shall be presumed to be such an advertisement unless it is shown not to be.

(4) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or both.

(5) In this section—

• “public telephone” means—

  (a)

  any telephone which is located in a public place and made available for use by the public, or a section of the public, and

  (b)

  where such a telephone is located in or on, or attached to, a kiosk, booth, acoustic hood, shelter or other structure, that structure; and

• “public place” means any place to which the public have or are permitted to have access, whether on payment or otherwise, other than—

  (a)

  any place to which children under the age of 16 years are not permitted to have access, whether by law or otherwise, and

  (b)

  any premises which are wholly or mainly used for residential purposes.

(6) In section 24 of the Police and Criminal Evidence Act 1984 (c. 60) (arrest without warrant for arrestable offences), in subsection (2) (offences which are arrestable offences), after paragraph (c) insert-

“(ca) an offence under section 46 of the Criminal Justice and Police Act 2001;”.