Section 46 of the Civic Government (Scotland) Act 1982 provides that a prostitute, whether male or female, who, for the purposes of prostitution:
- loiters in a public place;
- solicits in a public place or any other place so as to be seen from a public place; or
- importunes any person who is in a public place,
is guilty of an offence. The maximum penalty for a conviction under s46 of the 1982 Act is a fine not exceeding £500.
The Prostitution (Public Places) (Scotland) Act 2007 contains specific statutory offences which criminalise the purchase of sex on Scotland's streets by providing that a person who, for the purposes of obtaining the services of someone engaged in prostitution:
- loiters in a public place in such manner that it may reasonably be inferred that the loitering is for the purpose of obtaining the services of someone engaged in prostitution; or
- solicits in a public place or any other place so as to be seen from a public place,
is guilty of an offence. The maximum penalty under s1 of the 2007 Act is £1,000.
Sections 7 to 13 of the Criminal Law (Consolidation) (Scotland) Act 1995 contain a number of provisions on procuring, prostitution, abduction and unlawful detention, use of premises for unlawful intercourse, trading in prostitution and brothel keeping, allowing children to be in a brothel, and living off the earnings of another from male prostitution.
The Criminal Justice and Licensing (Scotland) Act 2010 contains provisions at section 45 to increase the maximum penalties in sections 11 and 13 of the Criminal Law (Consolidation) (Scotland) Act 1995 which deal with the offences of 'brothel-keeping' and 'living on the earnings of prostitution' a maximum penalty of 7 years imprisonment and an unlimited fine.
The Criminal Justice and Licensing (Scotland) Act 2010 also contains provision in relation to prostitution at section 99 to amend the Antisocial Behaviour etc. (Scotland) Act 2004 to assist the police by providing explicit powers for the closure of premises associated with human exploitation which includes prostitution.
The provisions in the 2010 Act came into force on 13 December 2010
The Criminal Justice (Scotland) Act 2003 contains offences relating to trafficking of human beings for the purposes of exploitation by way of prostitution. The maximum penalty for conviction on indictment is 14 years imprisonment to a fine or to both
Sections 9-14 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 create a series of offences relating to paying for the sexual services of a child and causing, inciting, controlling, arranging or facilitating provision by a child of sexual services. For the purposes of these offences a child is a person under the age of 18 years. The maximum penalty for these offences is 14 years imprisonment on indictment.
Part One of the Sexual Offences (Scotland) Act 2009, creates new statutory offences of rape, sexual assault by penetration, sexual assault, sexual coercion. These offences are committed when a person engages in any such conduct without the other person's consent, and without any reasonable belief that the other person consented. The maximum penalty for conviction on indictment is life imprisonment and a fine. These provisions came into force on 1 December 2010.