EXCLUSIVE: The single force revealed their stance in a consultation response.
Police Scotland Clyde Gateway headquarters at Dalmarnock(Image: PA)
Police Scotland have backed plans by a former SNP Minister to criminalise buying sex.
The single force supports a clampdown on “exploitation” and has also thrown its weight behind proposals to decriminalise selling sex.
Alba MSP Ash Regan’s Bill would make buying sex a criminal offence, with those convicted facing fines of up to £10,000 and possible jail sentences.
She also wants to quash the convictions of prostitutes who have previously been convicted.
In their response to the Bill, the Specialist Crime Division of Police Scotland wrote: “Police Scotland are fully supportive that buying sex is a form of exploitation and should be covered by law.”
A spokesperson for the force confirmed this means they support criminalising sex buying.
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Regan’s bill also proposes to repeal parts of decades-old legislation that criminalises prostitutes for “loitering, soliciting or importuning in a public place”.
The police said they are “fully supportive” of the Regan proposal in this area: “We understand that people sell sex for a number of reasons and that some will need to sell sex in order to survive.
“We understand that the majority of those that sell sex can be very vulnerable and most at risk of violence and therefore should be signposted for support, if required, rather than being criminalised.”
On striking out historic convictions, they wrote: “We understand that people who have convictions under s46 [the relevant law] can be impacted in a number of negative ways, including securing employment. This can be counterproductive in trying to assist people who are ready and looking to exit from prostitution.”
Ash Regan MSP(Image: REACH PLC)
Regan welcomed the police support: “Police Scotland’s unequivocal support for criminalising the purchase of sex, core to my Unbuyable Bill, is a landmark moment in Scotland’s efforts to tackle commercial sexual exploitation.
“Their response confirms what survivors, women’s organisations and international evidence have long told us: buying sex is a form of exploitation and must be criminalised.
“I particularly welcome Police Scotland’s recognition that those exploited in prostitution are among the most vulnerable in society and should be supported to recover, not criminalised. Their full support for quashing historic convictions and placing a statutory duty on ministers to provide support shows a clear understanding of the urgent need for this Bill.
She added: “Police Scotland also highlighted the dangerous gap in the law when it comes to policing off-street sexual exploitation that my Unbuyable Bill directly addresses. Weak and inconsistent laws do not help the police to keep us safe.
“Only by making it clear that Scotland will no longer tolerate the organised exploitation of the sex trade can our police have the powers they need to protect the vulnerable in prostitution.
“The Scottish Parliament must now listen to the evidence, respect the voices of survivors and act decisively to end the demand that drives prostitution and trafficking. With survivors, frontline services, international precedent and now Scotland’s police force behind this Bill, the case for change could not be stronger.”
However, the Crown Office were less enthusiastic about the Regan proposals.
(Image: PA)
In their response, the prosecution body said they recognised prostitution as a form of “commercial sexual exploitation” and the women involved as “victims of gender-based violence”.
But they noted: “COPFS is concerned that the introduction of the proposed new offence will raise expectations there will be more prosecutions of those purchasing sexual acts.
“COPFS notes the relatively low numbers of prosecutions in Ireland and Northern Ireland following the introduction in those jurisdictions of an offence criminalising the buyer.
“COPFS is mindful of the challenges experienced by police and prosecutors in Ireland and Northern Ireland enforcing the legislation from the various published reports which reviewed the legislation.”
In another response, the PCS trade union expressed opposition to the Bill: “Criminalising the purchasing of sexual acts or services pushes workers into working conditions that are more dangerous or precarious, such as working alone or outdoors.”
Regan was a junior Minister in Nicola Sturgeon’s Government before resigning over plans to make it easier for trans people to change gender. She later joined Alba.
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