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Procuring for Prostitution

Sexual Offences – NSW

Welcome to the NSW Procuring for prostitution article page. Everything you need to know about Procuring for prostitution according to NSW law – Dated: 01/09/2009

What the Law States according to NSW Law for Procuring for prostitution

According to NSW Law for the charge of Procuring for prostitution:

On the police facts sheet and the court attendance notice that you may have received you will have a reference to the law part and a short description of offence. These references help the court and the legal profession to identify the exact offence you have been charged with. The law part and short description for this offence are set out in the table below:

Law Part Short Description
407 Procure person not prostitute for prostitution-T1

The Maximum Penalty – Procuring for prostitution

According to NSW Law for the charge of Procuring for prostitution,

The maximum penalty for the charge of procuring for prostitution (Section 91A of the Crimes Act) is 7 years imprisonment.

In NSW, a court can impose any of the following penalties for a procuring for prostitution charge.

  • Section 10: procuring for prostitution proven but dismissed
  • Fine
  • Good behaviour bond
  • Community service order (CSO)
  • Suspended sentence
  • Intensive correction order (previously periodic detention)
  • Home detention
  • Prison sentence

You’ll find a brief description of each of these penalties at the bottom of this page.

What the Police must prove according to NSW Law for Procuring for prostitution

To convict you of a procuring for prostitution charge, the police must prove each of the following matters beyond a reasonable doubt:

  1. You procured, enticed or led away;
  2. Another person (not being a prostitute);
  3. or the purposes of prostitution.

They will also need to prove that you were the person who committed the procuring for prostitution offence.

Possible Defences under NSW Law – Procuring for prostitution

Possible defences to a procuring for prostitution charge include but are not limited to:

  • Duress
  • Necessity
  • Self Defence

In NSW which court will hear the matter – Procuring for prostitution

This matter is a Table 1 offence which means that either the DPP or an accused can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.

Section 10 for a Procuring for prostitution charge: avoiding a criminal record. Normally, when you plead guilty to a criminal offence, the court imposes a penalty and records a conviction. If the court records a conviction, you will have a criminal record. However, if we can convince the court not to convict you, there will be no penalty of any type and no criminal record. In all criminal cases, the court has the discretion not to convict you, but to give you a Section 10 dismissal instead.

Fines for a Procuring for prostitution charge: When deciding the amount of a fine for a possession of data with intent charge the magistrate or judge should consider your financial situation and your ability to pay any fine they set.

Good behaviour bond for a Procuring for prostitution charge: This is an order of the court that requires you to be of good behaviour for a specified period of time. The court will impose conditions that you will have to obey during the term of the good behaviour bond. The maximum duration of a good behaviour bond is five years.

Community service order for a Procuring for prostitution charge (CSO): This involves either unpaid work in the community at a place specified by probation and parole or attendance at a centre to undertake a course, such as anger management. In order to be eligible for a CSO you have to be assessed by an officer of the probation service as suitable to undertake the order.

Suspended sentence for a Procuring for prostitution charge: This is a jail sentence that is suspended upon you entering into a good behaviour bond. Provided the terms of the good behaviour bond are obeyed the jail sentence will not come into effect. A suspended sentence is only available for sentences of imprisonment of up to two years.

Periodic detention for a Procuring for prostitution charge (commonly known as weekend detention): This form of imprisonment ceased to be a sentencing option in October 2010.

Intensive correction order for a Procuring for prostitution charge (ICO): This option has replaced periodic detention. The court can order you to comply with a number of conditions, such as attending counselling or treatment, not consuming alcohol, complying with a curfew and performing community service.

Jail for a Procuring for prostitution charge: This is the most serious penalty for the charge of Procuring for prostitution and involves full time detention in a correctional facility.

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