"Common Prostitute" confined to women prostitutes.
Director of Public Prosecutions v Bull
[1994] 158 J.P. 1005Queen's Bench Division
The question in this case was whether the term "common prostitute " in s. 1(1) of the Street Offences Act 1959 is confined to women prostitutes?
The defendant (a male) was charged that he, being a common prostitute did loiter in a street or public place for the purpose of prostitution, contrary to s.1(1) of the Street Offences Act 1959. At the conclusion of the prosecution case the stipendiary magistrate upheld a submission by defence counsel that there was no case to answer on the basis that s.1(1) applied only to female prostitutes. On appeal by way of case stated:
At the conclusion of the prosecution case counsel for Mr. Bull submitted that there was no case to answer on the basis that s.1(1) applies only to female prostitutes. This submission was upheld by the magistrate who posed this question for the opinion of the Queen's Bench Division.
"Whether I was correct in construing s.1(1) of the Street Offences Act 1959, so as limit it to the activities of female prostitutes and to exclude from its scope the activities of male prostitutes?"
The court examined the differences between S.32 and S.1 and in their opinion there are differences between the components of an offence under s.32 ( offence for a man to solicit or importune in a public place for immoral purposes) and those of an offence under s.1(1)
Thus:
(1) Section 32 requires actual soliciting or importuning; s.1(1) requires either actual soliciting or loitering;
(2) Section 32 requires persistence; s.1(1) does not, and
(3) Section 32 requires an immoral purpose; s.1(1) requires a prostitutional purpose.
Held (dismissing the appeal): The term "common prostitute" in s.1(1) of the Street Offences Act 1959 was confined to women prostitutes, so that the section excluded from its scope the activities of male prostitutes.
Comment
There are of course male prostitutes, but it is unlikely that such persons existed, and if they did, where discussed by Parliament in the last century. The term "Common" prostitute often appears in early statutes. It has been part of statute law since 1824. The term was criticised during the debates on the Street Offences Bill, which became the 1959 Act. The Criminal Law Revision Committee Working Paper on "Offences relating to Prostitution and allied offences" published in December 1982 said, inter alia," the word 'Common' should be removed from the expression,'Common prostitute' but we are divided upon whether the words 'being a prostitute should be removed'". Perhaps the time has arrived to discuss both sexes on an equal footing, if it has then this is a job for parliament and not a matter to be left to statutory interpretation and the judges.