Most sex workers do not get into trouble with the police.
But if you do...
Getting legal help
This is not legal Advice. For that, you need to speak to a solicitor or some other qualified person.
At the police station
Legal assistance is free to everyone, regardless of their income or savings.
Going to see a solicitor
If you are on a low income, you may qualify for advice under the Green Form Scheme, which offers pre-court assistance such as general information and letter writing. Even a modest income may make you ineligible, although some solicitors firms run Fixed Fee Interview schemes, where you pay a fixed sum in return for pre-court advice.
You will be eligible for legal aid if you qualify on financial grounds and if it is in the 'interests of justice' that you should have legal assistance. If you are earning, you may be asked for a contribution.
Legal aid provides assistance throughout your case, including representation in court. You may be refused legal aid if your case is not very serious or complex and there is no prospect of a prison sentence. Soliciting cases, for example, do not usually qualify.
Paying Privately
You can always pay the solicitor and barrister privately. Find out exactly how much it is going to cost before committing yourself. It may be wise to shop around.
Citizens Advice Bureaux
There are lots of Citizens Advice Bureaux and Law Centres around the country giving free advice in many areas including welfare benefits, housing, employment and landlord and tenant law, regardless of your means. You can find their numbers in the telephone directory.
Police
You may be investigated, arrested and charged by any branch of the police, but often it will be the vice, clubs or street offences squads.
Cocky or aggressive behaviour can be self-defeating. If you resist a lawful arrest you may end up being charged with obstruction of a police officer or assault. If the police act unlawfully, challenge them in court or, if the case doesn't get that far, through the proper complaints channels.
It's worth trying to take note of your surroundings at the time of arrest - where people were positioned, what was visible etc. - to help you challenge assertions made later by the police.
They may, for example, describe a sequence of events that was physically impossible.
Police Raids
The police will usually have a warrant to search your premises. But they can search without one in many situations, for example if you give your consent or if they want to arrest someone, or if they have the occupier in custody.
Tax officers, planning inspectors, Department for Work and Pensions and immigration officials can sometimes accompany the police on raids.
Your rights on arrest
You have the right to know why you are being arrested and what the allegations against you are.
You still have a right to remain silent, although if you're later charged with a crime and you have not mentioned, when questioned, something you later rely on in court this may be taken into account when deciding whether you are guilty.
You also have the right to read the police Codes of Conduct, which will tell you how you ought to be treated; to consult privately with a solicitor free of charge; and to have someone notified of your arrest (you may not be allowed to do this yourself). In very serious cases these rights can be delayed, but this is rare.
Unless you have a simple and innocent explanation for what you are doing, it's always best to see a solicitor before answering any questions, however informal they seem. You may have to wait, but it's usually worth it.
The police are experienced at getting information from people; there's no such thing as an 'off the record chat' with a police officer. Anything you say at any point may later be used against you, and many people are convicted on the basis of their own verbal admissions. Always ask for a lawyer.
You can usually be kept in custody for a maximum of 24 hours before being charged or released.
This can be extended in serious cases, and beyond that if the police get permission from a Magistrates Court.
Once the police have completed their investigations following your arrest, one of three things can happen
(i) You are released with no further action.
(ii) You are released with an obligation to return to the station at a later date.
(iii) You are charged with an offence. You may be cautioned, kept in custody and taken to the Magistrates Court at the next hearing, or bailed from the police station with a duty to attend court on a certain day.
You should get bail unless there is a specific reason for keeping you in custody, for example your name and address can't be ascertained, or is reasonably believed to be false; you have a history of failing to appear in answer to bail; you might commit further offences on release, or interfere with investigations; or detention is necessary for your own protection.
Conditions may be imposed, for example, the requirement that you keep out of a particular area.
If you fail to answer to your bail, a warrant for your arrest will probably be issued. You have committed a further offence unless you can show 'good cause' for failing to attend.
Cautions
A formal caution has to be signed in writing at a police station. It involves an admission by you that you committed the offence, and it may come up in court at a subsequent appearance. It's best to get legal advice before accepting a caution, especially if it is a sexual offence. You may have a defence.
If you decline to accept the caution and the police then press charges, you could face the prospect of a trial.
A caution as a penalty should not be confused with the verbal 'caution' you get on arrest: "You do not have to say anything. But it may harm your defence ...", etc; or with the verbal 'street cautions' which have to be given to female street workers before they can be charged with soliciting.
It's up to the police whether they caution you. Juveniles and first time offenders are more likely candidates than a person who already has a record.
Since November 1995 cautions have been recorded on a centralised computer and are wiped off after five years. Cautions given prior to that would have been on local police records and should have been 'weeded out' after approximately three years, though this can be erratic.
Receiving a caution for many sexual offences will result in you being put on the 'sex offenders register' for several years. Your life will be easier if this does not happen.
Never agree to a caution unless you have actually committed the offence, the police can prove it, and you have received independent legal advice.
Medical Treatment in Custody
If you request medical attention in custody, for example if you are addicted to a drug or suffer from any illness requiring treatment, such as diabetes, epilepsy, or HIV, a police surgeon must be called to assess your medical requirements and your fitness for interview. You may administer your own medicine only under their supervision.
A police surgeon is simply a general medical practitioner working independently in contract with the police. You have the right to request your own doctor, but they may not be prepared to attend and may be entitled to charge a fee.
If you have a drug problem you may not be prescribed the medicine you believe you need. The police surgeon lacks a reliable history on your drug intake and can only prescribe according to short term clinical findings.
You can request an examination if you want to make a complaint against the police for which medical evidence will be necessary, for example if they have injured you in some way, but only a member of the independent Police Complaints Authority is allowed access to the report. Anyone else, including you, has to apply to the court if they want to see it.
The police may refer you to a hospital or psychiatric hospital if they think it appropriate.
Children of Detainees
The police are obliged to ensure that the children of mothers being detained in custody are safe, for example by ensuring that a friend or relative is taking care of them.
Occasionally unscrupulous police will use threats of care proceedings as a way of obtaining information or admissions about a crime. This is unlawful: don't be intimidated by it. The fact that you have committed a crime or are a sex worker in no way gives the social services the right to take away your children. They have to prove that a child is 'at risk', usually from physical injury, for example from dodgy clients, or from neglect.
If you have problems, consult a childcare solicitor.
Return of seized property
If the police seize property which belongs to you during the course of an inquiry, for example condoms, clothes, money, videos, sex equipment etc. They must return it if you are not charged with an offence or if you are charged and the items are not going to be used in evidence against you.
If they refuse, contact a solicitor or a civil liberties organisation such as Release. You can apply to a magistrates' court for an order that the police return your things.
If you plead or are found guilty, the police will not usually return property which was used in the offence, for example knives, or money which is the proceeds of a crime or has been used in a crime.
Entrapment / Agents Provocateurs
An agent provocateur is a person who entices another to commit an offence they would not otherwise have committed.
The police quite frequently pose as clients to obtain evidence that you are committing an offence. If, after a massage, an officer asks if there are any extra services and you oblige, he has acted as an agent provocateur. If, on the other hand, you offer extra services, he cannot be said to have invited or created the offence.
The fact that a crime has been induced is not a defence in English law, although it may be a mitigating factor when it comes to sentencing. Also, evidence may be excluded if the judge considers that the method of obtaining it was so unfair or prejudicial that it should not be admitted.
Police Misconduct
If the police ask for sexual services in return for not reporting you, they are breaching their code of professional conduct and committing an offence. If you report them they should be subjected to disciplinary action or criminal charges.
If you suffer ill treatment at the hands of the police you may have a civil action against them, for example, harassment, wrongful imprisonment, assault, intimidation, wrongful interference with goods.
Law centres and solicitors can be helpful in this area.
Going to court
When you appear in court the magistrates won't know whether you are a reasonable person or a total menace to society. They will only know what you are charged with. They will go on what you tell them and how you appear. Tattoos, piercings, black leather, spikes, punked-out hair etc. won't do you any favours. Facial piercings can be minimised by the use of discrete sleepers. It's best to look conservative and play their game, although don't go over the top - if you look too wealthy it may affect the fine.
Representing yourself
Before the hearing, make notes, write down what questions to ask, prepare a statement to be read out. Take a friend along with you to help you to present the whole of your side of the story as clearly as possible. Try not to spout the law or justify what you have been doing.
The Duty Solicitor
There will always be a duty solicitor available at court to give free advice to people who don't have representation. Duty solicitors are independent legal practitioners and not, as is sometimes believed, employed by the police.
Mitigation
Before your sentence is passed, you or your representative will present your 'mitigating factors' to the court. These are any details about you or your offence that may encourage the court to be more lenient - for example, difficult personal circumstances, a clean record, remorse, a guilty plea etc.
Absconding
If you don't turn up at court, a warrant will be issued for your arrest. If you don't have a good excuse, you may end up with extra penalties. Failure to appear may also prejudice your chances of getting bail in the future.
If you do miss your court date, try to keep control of the situation. Don't ignore it and wait till you are arrested. Turn up at court on a convenient day, preferably with a solicitor. By co-operating, you significantly increase your chances of getting bail.
Penalties
Most of the offences relating to sex work are punishable with a fine and/or imprisonment. It's impossible to say exactly what penalty you will get for committing a particular offence. The decision is made by a magistrate or judge taking many factors into account including the seriousness of the offence, your personal circumstances and your previous record.
Some offences, such as soliciting and highway obstruction, can only be punished with a fine.
Others, such as living off immoral earnings, often attract imprisonment.
Fines
The amount of your fine will depend upon your offence, your previous convictions, the practice of the particular court and your income. The court shouldn't impose a fine which will take you more than 12 months to pay off.
When you are asked how long it will take you to pay, be realistic. Ask to pay in instalments if you need to. The court may arrange for a sum to be deducted automatically from your wages for an official job or from your benefits.
If you fall behind in your payments contact the fines enforcement officers at the court, explain why and try to re-schedule your fine. Offer to pay a contribution, however small. If you are making an effort you will keep them on your side and should be left alone.
You may be asked to attend a means enquiry to look into your situation and maybe to re-assess your payments or give you more time to pay.
Don't just ignore unpaid fines. Enforcement procedures will be put in process. A warrant for your arrest, or a distress warrant bringing bailiffs, will be issued. You may end up losing your property or spending time in custody.
You cannot be imprisoned if you have done everything in your power to pay the fine.
Criminal Records
If you are convicted for an offence in court, you have a criminal record which can be referred to in subsequent court cases. It may also have to be revealed in other circumstances, for example when you are applying for a job or to emigrate to another country.
Provided that you were not sentenced to 30 months imprisonment or more, your conviction will become 'spent' after a period of time, the length of which will depend upon your sentence and your age at the time of the offence. For example, if you get a fine your conviction becomes 'spent' after five years if you were 18 or over at the time, two and a half years if you were under 18. (Rehabilitation of Offenders Act 1974).
A 'spent' conviction is treated for most purposes as though it never happened, though it is never 'wiped off' your record and will remain relevant for some purposes, for example if you are applying for jobs with vulnerable people (young, old, mentally ill, disabled).
Since November 1995 cautions have been kept on centralised computer records and are wiped off after five years.
For further information, consult a lawyer.
False ID's
It is legal to use any name you want.
But if you have given a false name with the intention of avoiding outstanding fines or the disclosure of a criminal record, it's possible to be charged with fraud, obstructing a police officer in the execution of his/her duty or, very rarely, attempting to pervert the course of justice.
If you give a false name and this is discovered, it may jeopardise your chances of getting bail.
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