Sex Laws Info

Closure Orders

In the context of prostitution-related offences, the main thrust of this legislation appears to be for the authorities to move quickly to prevent places such as brothels which have been raided by the police from re-opening for the same purpose. As from April 1st 2010, The Policing and Crime Act 2009 inserts a new Part 2A into the Sexual Offences Act 2003, which introduces powers allowing the police to seek a court order prohibiting access to premises associated with certain prostitution (or pornography-related) offences. These are similar to existing powers to close premises associated with disorder or Class A drugs under the Anti-Social Behaviour Act 2003. Most local authorities will probably also have some similar powers of closure already in operation, though they may be slower and more cumbersome to implement.

The relevant offences are listed in section 136A of the Sexual Offences Act 2003. They include:

• Causing or inciting prostitution for gain (section 52 of the Sexual Offences Act 2003 or Article 62 of the Sexual Offences (Northern Ireland) Order 2008.
• Controlling prostitution for gain (section 53 of the Sexual Offences Act 2003 or Article 63 of the Sexual Offences (Northern Ireland) Order 2008.

Before applying to a court for a Closure Order, a police constable must issue a Closure Notice. (The process for issuing a closure notice is set out in section 136B of the Sexual Offences Act 2003). The issue of a closure notice must be authorised by an officer of at least the rank of Superintendent or above. A Closure Notice should be authorised in writing. But where written consent is not immediately possible, oral authorisation is sufficient as long as it is confirmed in writing as soon as is practicable afterwards.

A Closure Notice can be authorised by an authorising officer if there are reasonable grounds for believing that the following three conditions are met:

1. During the last 3 months the premises were used for activities relating to one or more of the specified prostitution or pornography offences.
2. A Closure Order is necessary to prevent the premises being used for activities related to the specified offences.
3. That the local authority for the area in which the premises are situated has been consulted, and that reasonable steps have been taken to establish the identity of any person who resides on the premises or who has control of or responsibility for or an interest in the premises.

Once a Closure Notice has been issued, an application for a Closure Order must be made to a Magistrates' Court by the police within 48 hours.

*Note: The above relates to England and Wales only. The Closure Order provisions will not come into force in Northern Ireland on 1st April 2010, but at some point in the future to be advised.

• < Prev
• Next >