Keeping a Brothel Used for Prostitution (Section 33A Sexual Offences Act 1956)

Keeping a brothel used for prostitution is an offence under s.33A Sexual Offences Act 1956. It is an offence for a person to keep, or to manage, or act or assist in the management of, a brothel to which people resort for practices involving prostitution, whether or not also for other practices (s.33A(1)). Section 33A was inserted on 1 May 2004 by ss.55(3) and 141 of the Sexual Offences Act 2003 and extends to England and Wales. Maximum sentence: on conviction on indictment, seven years; on summary conviction, six months, or the statutory maximum, or both (Sexual Offences Act 1956, Second Schedule).

Section 33A(2) provides that "prostitution" has the meaning given by s.51(2) of the Sexual Offences Act 2003. Section 51(2) as currently in force defines when a person is "sexually exploited" for the purposes of ss.48 to 50 of that Act and does not define prostitution. The cross-reference is recorded here as it reads; no definition of prostitution is asserted on this page.

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. Officers should prioritise safeguarding: assess whether any person on the premises is a victim of trafficking (s.2 Modern Slavery Act 2015) or exploitation. The National Referral Mechanism (NRM) must be used to refer potential victims of modern slavery. Evidence typically includes observations, financial records, advertising, and communications. Consider closure orders under the Anti-social Behaviour, Crime and Policing Act 2014. 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).