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curry

Kerb Crawling

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Can anyone tell me what the current law is please? How do they prove persistence and do they have to catch you in a compromising position.

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Can anyone tell me what the current law is please? How do they prove persistence and do they have to catch you in a compromising position.

Sexual Offences Act 1985.

I have no idea how "persistent" is interpreted in this act.

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I think that was replaced by the SOA of 2003. There are loopholes but you will have to find them.

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I think that was replaced by the SOA of 2003. There are loopholes but you will have to find them.

There are no 'loopholes' per se for the 'ordinary person' especially as the 'determining factor' can be the police and courts, unless you were alluding to a Barrister here (finding them) :D:eek::D:(

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Sexual Offences Act 1985.

I have no idea how "persistent" is interpreted in this act.

how do you know he was asking about England?

maybe he was talking about Scotland, if so this applies:

http://www.scotland.gov.uk/Publications/2007/09/prostitutionact2007

1. The purpose of this circular is to inform recipients that the offence provisions of the Prostitution (Public Places) (Scotland) Act 2007 come into force on 15 October 2007.

2. The Act criminalises loitering or soliciting in any public place for the purpose of obtaining the services of someone engaged in prostitution.

Background

3. Section 1 of the Act creates two offences:

Soliciting in a relevant place for the purpose of obtaining the services of someone engaged in prostitution, and

Loitering in a relevant place in circumstances from which it may reasonably be inferred that the person loitering was doing so for the purpose of obtaining the services of a person engaged in prostitution

4. A relevant place is defined as any public place and any other place to which the public has unrestricted access, whether on payment or otherwise.

5. Section 2 of the Act provides that where a constable reasonably believes that a person is committing, or has committed an offence under Section 1, the constable may arrest that person without warrant.

6. Section 46 of the Civic Government (Scotland) Act 1982 will continue to apply in relation to soliciting and loitering in a public place by a prostitute (male or female).

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I think that was replaced by the SOA of 2003. There are loopholes but you will have to find them.

I can see no mention of kerb crawling in SOA 2003, and the only mention of SOA 1985 in SOA 2003 is in the repeals and revocations section where certain parts of Section 3 have been repealed.

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how do you know he was asking about England?

maybe he was talking about Scotland, if so this applies:

http://www.scotland.gov.uk/Publications/2007/09/prostitutionact2007

1. The purpose of this circular is to inform recipients that the offence provisions of the Prostitution (Public Places) (Scotland) Act 2007 come into force on 15 October 2007.

2. The Act criminalises loitering or soliciting in any public place for the purpose of obtaining the services of someone engaged in prostitution.

Background

3. Section 1 of the Act creates two offences:

Soliciting in a relevant place for the purpose of obtaining the services of someone engaged in prostitution, and

Loitering in a relevant place in circumstances from which it may reasonably be inferred that the person loitering was doing so for the purpose of obtaining the services of a person engaged in prostitution

4. A relevant place is defined as any public place and any other place to which the public has unrestricted access, whether on payment or otherwise.

5. Section 2 of the Act provides that where a constable reasonably believes that a person is committing, or has committed an offence under Section 1, the constable may arrest that person without warrant.

6. Section 46 of the Civic Government (Scotland) Act 1982 will continue to apply in relation to soliciting and loitering in a public place by a prostitute (male or female).

As the OP's location is Birmingham I quoted the Act that I thought was relevant, also it does state quite clearly in Section 5 (7) "This Act extends to England and Wales only." Plus the OP mentioned "persistence", that word does not appear in the "PROSTITUTION (PUBLIC PLACES) (SCOTLAND) ACT 2007", also it does not mention "kerb crawling", and so on those 2 counts I gave it no consideration.

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As the OP's location is Birmingham I quoted the Act that I thought was relevant, also it does state quite clearly in Section 5 (7) "This Act extends to England and Wales only." Plus the OP mentioned "persistence", that word does not appear in the "PROSTITUTION (PUBLIC PLACES) (SCOTLAND) ACT 2007", also it does not mention "kerb crawling", and so on those 2 counts I gave it no consideration.

regardless of where he lives, who knows where he does his kerb crawling.

even newspapers in Scotland talk about "the new kerb crawling law".

the public must be educated

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There are no 'loopholes' per se for the 'ordinary person' especially as the 'determining factor' can be the police and courts, unless you were alluding to a Barrister here (finding them) :D:eek::D:(

I was wrong about the 2003 Act but I will highlight passages and than make what you will.

Kerb-crawling(1)A man commits an offence if he solicits a woman (or different women) for the purpose of prostitution

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I was wrong about the 2003 Act but I will highlight passages and than make what you will.

Kerb-crawling(1)A man commits an offence if he solicits a woman (or different women) for the purpose of prostitution—

(a)from a motor vehicle while it is in a street or public place; or

(b)in a street or public place while in the immediate vicinity of a motor vehicle that he has just got out of or off, persistently or, F1. . . in such manner or in such circumstances as to be likely to cause annoyance to the woman (or any of the women) solicited, or nuisance to other persons in the neighbourhood.(2)A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale F2. . ..

(3)In this section “motor vehicle” has the same meaning as in [F3the Road Traffic Act 1988].

Thanks Met012 :( !!

I was only joking and should have been more serious and said, its

the 'law' that defines what 'persistence' is, as opposed to any idea a potential kerbcrawler may have in his own mind.

I will concede it was not one of my best jokes about the Barrister looking for 'loop-holes' while

Curry (the OP) is literally 'cooked and curried' before a court

:D

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Yes I was referring to the law in England, sorry should have made this clearer from the start. Do we have a barrister who is a member of the forum or is this some sort of ongoing joke.

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Yes I was referring to the law in England, sorry should have made this clearer from the start. Do we have a barrister who is a member of the forum or is this some sort of ongoing joke.

I think there is one lawyer, who no longer practices and many would-be

barristers here...

So take it as a poor on-going joke :D

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Curry

The thread has answered your question but look carefully at the wording of the act and do some searching on the web.

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