Controlling a Child in Relation to Sexual Exploitation (Section 49 Sexual Offences Act 2003)

Controlling a Child in Relation to Sexual Exploitation is an offence under s.49 Sexual Offences Act 2003. A person (A) commits the offence if he intentionally controls any of the activities of another person (B) relating to B's sexual exploitation in any part of the world, and either B is under 18 and A does not reasonably believe that B is 18 or over, or B is under 13 (s.49(1)). B is sexually exploited if, on at least one occasion and whether or not compelled to do so, B offers or provides sexual services to another person in return for payment or a promise of payment to B or a third person, or an indecent image of B is recorded or streamed or otherwise transmitted (s.51(2)); "payment" means any financial advantage, including the discharge of an obligation to pay or the provision of goods or services (including sexual services) gratuitously or at a discount (s.51(3)). Maximum sentence: on conviction on indictment, imprisonment for a term not exceeding 14 years; on summary conviction, imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both (s.49(2)).

In practice

This is an either-way offence: it may be tried at the magistrates' court or the Crown Court. Mode of trial depends on the seriousness and the defendant's election. All suspects must be interviewed by officers trained in sexual offence investigation. Disclosure must be handled in accordance with the Attorney General's Guidelines. Consider a Sexual Harm Prevention Order application. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).