Section 33a Keeping a brothel used for prostitution
Date Updated: January 2012
Title: Sexual Offences
Offence: Keeping a brothel used for prostitution
Legislation: Sexual Offences Act 1956 S33A inserted by S55 of the Sexual Offences Act 2003
Commencement date: 01/05/2004
Mode of Trial: Either Way
Statutory Limitations & Maximum Penalty:
- On Indictment - 7 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 offence covers anyone who keeps, manages or acts or assists in the management of a brothel. The degree of coercion, both in terms of recruitment and subsequent control of a prostitute's activities, is highly relevant to sentencing.
The degree to which a victim is exploited or controlled, the harm suffered as a result, the level of involvement of the offender, the scale of the operation and the timescale over which it has been run will all be relevant in terms of assessing the seriousness of the offence.
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.
Where there is evidence that an offender convicted of an exploitation of prostitution offence is not actively involved in the coercion or control of the victim(s), that he or she acted through fear or intimidation and that he or she is trying to exit prostitution, the courts may wish to consider whether, in the particular circumstances of the case, this should mitigate sentence.
The starting points are the same whether prostitution was caused or incited and whether or not the incited activity took place. Where the offence was incited, the sentencer should begin from the starting point that the offence was incited, taking account of the nature of the harm that would have been caused had the offence taken place and calculating the final sentence to reflect that no actual harm was occasioned to the victim, but being mindful that the intended victim may have suffered as a result of knowing or believing the offence would take place.
A non-custodial sentence may be appropriate for very minimal involvement.
Where an offender has profited from his or her involvement in the prostitution of others, the courts should always consider making a confiscation order approximately equivalent to the profits enjoyed.
Where this offence is being dealt with in a magistrates' court, more detailed guidance is provided in the Magistrates' Court Sentencing Guidelines (MCSG).
Aggravating & Mitigating Factors
Aggravating
- Background of threats or intimidation
- Large scale commercial operation
- Personal involvement in the prostitution of others
- Abduction or detention
- Financial other gain
Mitigating:
- Using employment as a route out of prostitution and not actively involved in exploitation
- Coercion by third party
Relevant Sentencing Council Guideline (if any)
- Guidelines effective for offences sentenced on or after the 14th May 2007.
- The starting points are for an adult offender, of previous good character who was convicted after trial.
Type/nature of activity: Offender is the keeper of a brothel and has made substantial profits in the region of £5000 and upwards
Starting points: 2 years custody
Sentencing ranges: 1 - 4 years custody
Type/nature of activity: Offender is the keeper of the brothel and is personally involved in its management
Starting points: 12 months custody
Sentencing ranges: 26 weeks - 2 years custody
Type/nature of activity: Involvement of the offender was minimal
Starting points: Community order
Sentencing ranges: An appropriate non-custodial sentence
'Non-custodial sentence' in this context suggests a community order or a fine. In most instances, an offence will have crossed the threshold for a community order. However, in accordance with normal sentencing practice, a court is not precluded from imposing a financial penalty where that is determined to be the appropriate sentence.
Relevant Sentencing Case Law
Boa [2008] 2 Cr App R (S) 10 - D (previous conviction for running a brothel in 2005) pleaded on day of trial to managing a brothel and possessing criminal property. She ran a hairdressing business and brothel from the sane address. The brothel had two female employees who were not coerced. The profits of both businesses were over £200,000 and she had spent £30,000 advertising the brothel. HELD on facts of this case 12 months concurrent on both counts not 18.
R v Moir [2007] EWCA Crim 3317 - D 48 only conviction OPL was convicted of three counts of keeping a brothel, one of inciting prostitution and three of controlling prostitutes for gain. She ran an escort agency from her home and had other addresses that were available to use. On any given day 10 - 12 women were working and she had 350 on her books. There was evidence if they refused work she would deny them work the next week. The PSR indicated she continued in her denials, showed no remorse and was evasive in interview. She was assessed as a low risk of re-offending. HELD: The scale of the operation and amount of money was relevant 3 years upheld.
R v Baker and Griffiths 2 Cr App R (S) 74 B 57 no previous, G limited convictions in the eighties none relevant. Both pleaded on morning of trial to two counts of keeping a brothel. B rented two properties which were used as brothels one for 10 months, one for 4 months. He had taken out adverts costing £3,000. G was his assistant. HELD: bearing in mind the absence of coercion and corruption, the guilty pleas, small scale and unsophisticated nature B 9 months not 18, G 4 months not 8 and 5 months concurrent not 10 on count 2.
Ancillary Orders
- POCA (Proceeds of Crime Act 2002 s 6 and s75)
- Deprivation Order (PCCA 2000 s 143)
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