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Keeping a brothel used for prostitution

Sexual offences — practical elements, sentencing links and station notes for accredited reps in England & Wales.

Sexual offences

Keeping a brothel used for prostitution

Sexual Offences Act 1956, s.33A

England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.

Triable
Either way
Maximum penalty
7 years’ custody

Actus reus

  • Keeps, manages, acts or assists in the management of a brothel to which people resort for practices involving prostitution (Sexual Offences Act 1956, s.33A).

Mens rea

  • Keeping, managing or assisting in management — knowledge of the use of the premises as such a brothel is the usual issue.

Defences

Premises not a brothel · Did not keep, manage or assist in management · No knowledge of that use

Sentencing Council

Sentencing Council guideline effective 01 April 2014. Offence range: Community order – 6 years’ custody The terms “prostitute” and “prostitution” are used in this guideline in accordance w.

View definitive guideline ↗

At the police station

CPS may prefer MSA or s.53 where exploitation is the real allegation. Landlord-only facts need the management element.

When to involve a rep or solicitor

Police station advice is free under legal aid and is not means-tested. For this allegation we would normally want a solicitor involved early.

Authoritative sources for this page

Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.

More in Sexual offences

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Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.