Following their historic High Court victory in March 2018, three women are now taking their case to the Court of Appeal to argue against the criminalisation of street prostitution offences.
The women succeeded in persuading the court that disclosure of multiple convictions for soliciting and loitering offences, years after those convictions were spent, was disproportionate and therefore unlawful. The government appealed and a hearing was fixed for January 2020. Weeks before the hearing, the government announced it was withdrawing its appeal. However, the women had cross- appealed on wider arguments, including that the recording and retention of these criminal records was unlawful and are arguing that the offence of ‘soliciting and loitering’ contrary to s1 Street Offences Act 1959 should NOT be a crime at all.
The women bringing the claim, like most women in street prostitution, were exploited as teenagers into prostitution, where they were abused for a number of years before exiting. Most in street prostitution have multiple convictions under s1 Street Offences Act 1959 which has meant that when applying for a range of jobs or volunteering activity, DBS checks will result in their histories of prostitution being made known many years after they have left that life behind. They have now succeeded in their argument that they should not be required to disclose those records to employers and others. However, the records will continue to be held on the police national computer for up to 100 years and the so called ‘crime’ they were arrested for is still on the statute book.
“Whilst it is great that this case means we will no longer have to disclose our records to employers, school heads and others, why should my record of being abused and exploited remain recorded and held on the police national computer?” says Fiona Broadfoot, one of the Claimants.
“Many of those who were in street prostitution are now recognised to have been victims rather than perpetrators of crime. That they should continue to be stigmatised by the fact that this history of abuse is recorded and held on the police national computer is a violation of their human rights that should end. Whilst there remain deeply divided views on prostitution and what should be done about it, most people involved in the debate accept now is the time to end this injustice.” Said Harriet Wistrich, solicitor for the Claimants.
Join us outside the Royal Courts of Justice 9.30, 21st January to support the women bringing this claim and all women who have been harmed by our prostitution laws.
If you hold convictions related to soliciting and loitering, please be aware that we will be updating our website shortly with details of how the original and any subsequent judgment may potentially affect you with information on how to request convictions are filtered.