S50. Arranging or facilitating child prostitution or pornography

Date Updated: January 2012
Title: Sexual Offences
Offence: Arranging or facilitating child prostitution or pornography
Legislation: Sexual Offences Act 2003 - S50
Commencement date: 1/05/2004
Mode of Trial: Either Way
Statutory Limitations & Maximum Penalty:

• On Indictment - 14 years
• Summary Conviction - 6 months imprisonment and/or statutory maximum fine

Culpability & Harm

The sentences for public protection must be considered in all cases. They are designed to ensure that sexual offenders are not released into the community if they present a significant risk of serious harm.

The level of involvement of the offender is a fundamental element of the 'abuse of children through prostitution and pornography' offences.

Financial reward may not always be a factor in someone's involvement in these offences. Thus the offences cover anyone who takes part in any way, for whatever reason, in a child's involvement in prostitution or pornography. However, most offenders will stand to gain in some way from their involvement, and sentencing starting points need to be relatively high, in line with established principles about the serious nature of commercial exploitation.

The courts should consider making an order confiscating any profits stemming from the offender's criminal lifestyle or forfeiting any possessions (for example cameras, computers, property) used in connection with the commission of the offence.

Evidence of an offender's involvement in, or management of, a well-planned or large-scale commercial operation resulting in sexual exploitation should be treated as an aggravating factor for sentencing: the greater the offender's degree of involvement, the more serious the offence.

The starting point for the child prostitution and pornography offences will always be a custodial sentence.

The same starting points apply whether the activity was caused or incited. Where an offence was incited but did not take place as a result of the voluntary intervention of the offender, that is likely to reduce the severity of the sentence imposed.

The presence of any of the general aggravating factors identified in the Council guideline on seriousness or any of the additional factors identified in the guidelines will indicate a sentence above the normal starting point.

In cases where a number of children are involved, consecutive sentences may be appropriate, leading to cumulative sentences significantly higher than the suggested starting points for individual offences.

In cases where the offender is, to a degree, another victim, a court may wish to take a more lenient stance. A court might consider whether the circumstances of the offender should mitigate sentence. This will depend on the merits of each case.

Aggravating & Mitigating Factors

Aggravating

• Background of threats or intimidation
• Large scale commercial operation
• use of drugs, alcohol or other substance to secure the victim's compliance
• Induced dependency on drugs
• Forcing a person to violate another person
• Victim has been manipulated into physical and emotional dependence on the offender
• Abduction or detention
• Threats to prevent victim reporting the activity
• Threats to disclose victim's activity to friends or relatives
• Storing, making available or distributing images in such a way that they can be inadvertently accessed by others
• Images distributed to other children or persons known to the victim
• Financial or other gain

Mitigating:

• Offender also being controlled in prostitution or pornography and subject to threats or intimidation.

Relevant Sentencing Council Guideline (if any)

1. Guidelines effective for offences sentenced on or after the 14th May 2007.
2. The starting points are for an adult offender, of previous good character who was convicted after trial.

Penetrative activity

Type/nature of activity: Organised commercial exploitation 

Starting Points: If the victim is under 13, the offence of 'causing or inciting a child under 13 to engage in sexual activity' would normally be charged. The commercial element of the offence would be an aggravating feature. However if this offence is charged - 10 Years Custody
Sentencing ranges: 8 - 13 years custody

Starting Points: 8 years custody if the victim is 13 or over but under 16
Sentencing ranges: 6 - 11 years custody

Starting Points: 4 years custody if the victim is aged 16 or 17 
Sentencing ranges: 3 - 7 years custody

Type/nature of activity: Offender's involvement is minimal and not perpetrated for gain

Starting Points: If the victim is under 13, the offence of 'causing or inciting a child under 13 to engage in sexual activity' would normally be charged. The commercial element of the offence would be an aggravating feature. However if this offence is charged - 8 Years Custody
Sentencing ranges: 6 - 11 years custody

Starting Points: 5 years custody if the victim is 13 or over but under 16
Sentencing ranges: 4 - 8 years custody

Starting Points: 2 years custody if the victim is aged 16 or 17
Sentencing ranges: 1 - 4 years custody

Non- penetrative activity

Type/nature of activity: Organised commercial exploitation 

Starting Points: If the victim is under 13, the offence of 'causing or inciting a child under 13 to engage in sexual activity' would normally be charged.' The commercial element of the offence would be an aggravating feature. However if this offence is charged - 8 Years Custody
Sentencing ranges: 6 - 11 years custody

Starting Points: 6 years custody if the victim is 13 or over but under 16
Sentencing ranges: 4 - 9  years custody

Starting Points: 3 years custody if the victim is aged 16 or 17
Sentencing ranges: 2 - 5 years custody

Type/nature of activity: Offender's involvement is minimal and not perpetrated for gain

Starting Points: If the victim is under 13, the offence of 'causing or inciting a child under 13 to engage in sexual activity' would normally be charged. The commercial element of the offence would be an aggravating feature. However if this offence is charged - 6 Years Custody
Sentencing ranges: 4 - 9 years custody

Starting Points: 3 years custody if the victim is 13 or over but under 16
Sentencing ranges: 2 - 5 years custody

Starting Points: 12 months custody if the victim is aged 16 or 17
Sentencing ranges: 26 weeks - 2 years custody

Ancillary Orders 

• Notification (S83 to 96 Sexual Offences Act 2003)
• Sexual Offences Prevention Order (S104 Sexual Offences Act 2003)
• Where the defendant is aged 18 or over he or she is automatically barred from engaging in regulated activity with children and with vulnerable adults. (Safeguarding Vulnerable Groups Act 2006). 
• POCA (Proceeds of Crime Act 2002 s 6 and s75)
• Deprivation Order

Consider Also 

• Dangerous Offender provisions apply. Sentences for public protection must be considered.

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