Crown Office Warns of Evidential Barriers to Scotland's Proposed Prostitution Laws

Strategic Insights -

Concerns over the difficulties in enforcing new laws to combat prostitution have been raised by the Crown Office, citing challenges faced by police officers in Ireland and Northern Ireland where the Nordic model has already been introduced. The Crown Office and Procurator Fiscal Service (COPFS) have expressed concerns that the proposed legislation will create "evidential barriers" for police and prosecutors, potentially leading to low prosecution numbers. Despite supporting the aims of the Bill, which seeks to reduce the demand for prostitution, COPFS is worried that the new law will raise expectations of increased prosecutions of those purchasing sexual acts. The Crown Office's concerns have been echoed by National Ugly Mugs, a group campaigning for the full decriminalization of prostitution in Scotland.

Key Takeaways:

  • The Crown Office and Procurator Fiscal Service (COPFS) has expressed concerns over the difficulties in enforcing proposed prostitution laws in Scotland, citing challenges faced by police officers in Ireland and Northern Ireland.
  • COPFS notes the relatively low numbers of prosecutions in Ireland and Northern Ireland following the introduction of the Nordic model, and is worried that Scottish police and prosecutors will face similar evidential barriers.
  • The Crown Office agrees with the objectives of the proposed legislation, recognizing prostitution as a form of violence against women and girls, but is concerned about the potential difficulties in enforcing the new law.
  • National Ugly Mugs, a group campaigning for full decriminalization of prostitution in Scotland, has rejected the Crown Office's concerns, stating that the Nordic model makes life more dangerous for sex workers by driving the sector underground.
  • Community Safety Minister Siobhian Brown has also expressed concerns about the policing of prostitution laws in Ireland, citing a review that suggested the legislation is difficult to prove, resulting in low numbers of prosecutions.
  • The proposed legislation, which would decriminalize the selling of sex while making buying sex a criminal offense, has been labeled "disastrous" by some campaigners, who argue that it will not stop exploitation.

Statistics:

  • According to the Crown Office, the relatively low numbers of prosecutions in Ireland and Northern Ireland following the introduction of the Nordic model are a concern.
  • A report cited by Community Safety Minister Siobhian Brown found that in Ireland, the number of prosecutions for purchasing sex was low relative to the number of incidents investigated.
  • A review of the legislation in Ireland suggested that demand for prostitution has persisted despite the criminalization of the purchase of sex.

Sources:

  • Rachel Amery, The Crown Office has claimed police officers will not be able to enforce new prostitution laws being considered at Holyrood (The Crown Office and Procurator Fiscal Service (COPFS) letter to the Holyrood's criminal justice committee)
  • Ash Regan, Prostitution legislation: Alba Party MSP hoping to overhaul laws in Scotland (The Crown Office and Procurator Fiscal Service (COPFS) letter to the Holyrood's criminal justice committee)
  • National Ugly Mugs, Plans to overhaul prostitution laws in Scotland branded 'disastrous' (National Ugly Mugs statement)
  • Siobhian Brown MSP, Minister for Victims and Community Safety letter to the Holyrood's criminal justice committee)