Sexual Activity in a Public Lavatory (Section 71 Sexual Offences Act 2003)

Sexual Activity in a Public Lavatory is an offence under s.71 Sexual Offences Act 2003. A person commits the offence if he is in a lavatory to which the public or a section of the public has or is permitted to have access, whether on payment or otherwise, he intentionally engages in an activity, and the activity is sexual (s.71(1)). An activity is sexual if a reasonable person would, in all the circumstances but regardless of any person's purpose, consider it to be sexual (s.71(2)). Maximum sentence: on summary conviction, imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale or both (s.71(3)).

In practice

This is a summary-only offence: it must be tried at the magistrates' court. Police may charge without CPS authority for summary offences. 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).