Paying for Sexual Services of a Child (Section 47 Sexual Offences Act 2003)

Paying for Sexual Services of a Child is an offence under s.47 Sexual Offences Act 2003. A person (A) commits the offence if he intentionally obtains for himself the sexual services of another person (B), before obtaining those services he has made or promised payment for those services to B or a third person, or knows that another person has made or promised such a payment, and either B is under 18 and A does not reasonably believe that B is 18 or over, or B is under 13 (s.47(1)). "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.47(2)). Maximum sentence: against a person under 13, where the offence involved penetration of B's anus or vagina with a part of A's body or anything else, penetration of B's mouth with A's penis, penetration of A's anus or vagina with a part of B's body or by B with anything else, or penetration of A's mouth with B's penis, on conviction on indictment, imprisonment for life, with no summary penalty given (s.47(3) and (6)); otherwise, against a person under 16, on conviction on indictment, imprisonment for a term not exceeding 14 years, which where the offence involved such penetration is the only penalty given and in any other case is joined by a summary penalty of imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both (s.47(4)); in any other case, on conviction on indictment, imprisonment for a term not exceeding 7 years, and on summary conviction, imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both (s.47(5)).

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).