Sex Workers: Your Legal Rights and Staying Safe

Section 1 of the Street Offences Act 1959 is the main criminal offence aimed at people who sell sex. It says it is an offence for a person aged 18 or over, whether male or female, persistently to loiter or solicit in a street or public place for the purpose of prostitution. The Act explains the key words:

• Persistently — the conduct takes place on two or more occasions in any period of three months.
• Loitering or soliciting for the purposes of prostitution — loitering or soliciting for the purposes of offering services as a prostitute.
• Street — includes any bridge, road, lane, footway, subway, square, court, alley or passage that is open to the public, whether or not it is a thoroughfare. The doorways and entrances of premises next to a street, and any ground next to and open to a street, are treated as part of the street.

The offence is about loitering or soliciting in public places. Offering or providing sexual services in return for payment is not, by itself, what section 1 makes an offence. The CPS guidance on prostitution lists section 1 as the summary-only offence available against people who sell sex.

Penalty. Section 1 provides for a fine. Since 1 April 2010 a court dealing with someone convicted under the section may instead make an order requiring them to attend three meetings with a named supervisor. The Act says the purpose of those meetings is to help the person address the causes of the conduct and find ways to stop it in future. If the court makes that order it cannot impose any other penalty for the offence. If the person fails without reasonable excuse to attend the meetings, they can be brought back to a magistrates' court, which must revoke the order and can then deal with them for the original offence as if they had just been convicted of it (Schedule to the 1959 Act, paragraph 4).

Cautions. The CPS guidance says that the previous incidents need to be particularised, with evidence provided of them, if the offence is to be charged, and that "it may be that the police rely on a record of a 'prostitute's caution' having been issued". It explains that this is different from other cautions: the incident need not be a criminal offence and need not be admitted, because it is a way of recording one incident. It adds that if a prosecution is to be based on evidence of persistence, there must be evidence to support the record of the caution and that the person was indeed loitering or soliciting. The guidance also says that once someone has been prosecuted, a caution that led to that prosecution should not be relied on again, and a single further incident combined with evidence already dealt with should not, without more, lead to a further prosecution.

You can read the current text of the section on legislation.gov.uk.

The Crown Prosecution Service publishes legal guidance for prosecutors called "Prostitution and Exploitation of Prostitution" (revised 25 April 2024). It says that, when deciding whether a prosecution is needed in the public interest, the CPS has regard to the fact that:

• those who sell sex should not be routinely prosecuted as offenders, and the emphasis should be on encouraging them to engage with support services and to find routes out of prostitution;
• diversionary approaches should be prioritised over enforcement of offences;
• there should be a clear basis for concluding that a prosecution is required in the public interest, and non-prosecution and diversion should be explored.

The guidance also says the police keep a discretion, particularly in relation to people who sell or offer to sell sex, not to arrest or to take no further action, to pursue other resolutions such as civil preventative orders, or to divert a suspect from prosecution. It refers to the National Police Chiefs' Council's National Policing Sex Work and Prostitution Guidance, published in December 2019, as supporting that discretion. How a force uses its discretion is a decision for the police.

This is guidance about how prosecutors and police decide what to do. It does not change what the offences say, and it does not promise any particular outcome in an individual case.

Section 33A of the Sexual Offences Act 1956 makes it an offence to keep, or to manage, or act or assist in the management of, a brothel to which people resort for practices involving prostitution (whether or not also for other practices). The CPS gives the maximum sentence as 7 years' imprisonment. Sections 33 to 36 contain further premises offences, including for landlords (section 34) and for tenants or occupiers who knowingly permit premises to be used as a brothel (section 35) or for the purposes of habitual prostitution (section 36). Section 36 is worded by reference to "habitual prostitution" rather than a "brothel", so it is not the same test. According to the CPS, these further offences carry only a summary penalty.

What is a "brothel"? The CPS guidance says there is no statutory definition, and that a brothel "is likely to require two or more persons to occupy the same premises simultaneously for the purposes of prostitution", applying the case of Stevens v Christy [1987] 85 Cr App R 249. The CPS adds that careful consideration is required to establish whether there is evidence that a brothel exists. That test is specific to the brothel offences: other premises offences, such as section 36, use a different test, so the "two or more persons" point does not mean that sole use of premises is always safe.

Whether a prosecution is brought. The same guidance describes brothel-keeping as an offence that can be committed on a spectrum, from controlling or trafficking behaviour that it is very likely to be in the public interest to prosecute, to low-culpability behaviour that may not be. It says people who engage in prostitution may simply play a minor role in maintaining a premises where more than one person is selling sex, and that this is "less likely to require prosecution". It also says that maintaining a premises at which prostitution occurs is unlikely, "without more e.g. a recruiting role, or anti-social behaviour", to require a prosecution in the public interest.

That is a statement of prosecution policy, not a defence. The offence in section 33A is the same whatever the guidance says, and a prosecutor will look at the facts of each case. If you are worried about your own circumstances, speak to a solicitor or a legal advice service such as Citizens Advice before you decide what to do.

Three further offences in the Sexual Offences Act 2003 are aimed at people other than the person selling sex. All three are in force in England and Wales.

• Soliciting (section 51A). It is an offence for a person in a street or public place, including a person in a vehicle in a street or public place, to solicit another person for the purpose of obtaining that person's sexual services as a prostitute. It is aimed at the person trying to buy sex. The penalty on summary conviction is a fine. The CPS guidance says it need not be proved that the conduct was persistent or that any nuisance or annoyance was caused.
• Paying for the sexual services of someone who is being exploited (section 53A). A person commits this offence if they make or promise payment for the sexual services of a prostitute, a third person has engaged in exploitative conduct of a kind likely to induce or encourage the prostitute to provide those services, and the third person did so for or in expectation of gain. "Exploitative conduct" means using force, threats (whether or not relating to violence) or any other form of coercion, or practising any form of deception. It does not matter whether the person paying is, or ought to be, aware of that conduct. The CPS says the sex worker's testimony is not required to prove the offence. The penalty on summary conviction is a fine.
• Controlling prostitution for gain (section 53). A person commits this offence if they intentionally control any of the activities of another person relating to that person's prostitution, for or in the expectation of gain for themselves or a third person. The maximum penalty is 6 months' imprisonment or a fine (or both) on summary conviction, and 7 years' imprisonment on conviction on indictment. The offence is committed by the person who controls, not by the person who is controlled.

The CPS guidance says "control" includes, but is not limited to, compulsion, coercion and force, and that it is enough that the person acted under the instructions or directions of the suspect. Examples it gives include arranging meetings with clients, confirming which sex acts will take place, keeping records of earnings or driving someone to meet clients. It also says a person can still be controlled while in an intimate relationship with their controller.

This is not a complete list. Two other offences are worth knowing about. Under section 46 of the Criminal Justice and Police Act 2001 it is an offence to place on, or in the immediate vicinity of, a public telephone an advertisement relating to prostitution, intending it to come to the attention of others (up to 6 months' imprisonment or a fine not exceeding level 5, or both, on summary conviction). Under section 52 of the Sexual Offences Act 2003 it is an offence intentionally to cause or incite another person to become a prostitute, for or in the expectation of gain for oneself or a third person (up to 6 months' imprisonment or a fine, or both, on summary conviction, or 7 years' imprisonment on indictment).

Sex workers can be victims of crime, including assault and rape. The CPS guidance on prostitution says there is "a strong public interest in prosecuting offences committed against prostitutes". It also says prostitutes are often targeted victims of violence, including assault and rape, in the belief that they are unlikely to report crime or support a prosecution, and that it is important to support witnesses to give evidence through special measures or other support.

In an emergency, call 999. To contact the police in a non-emergency, call 101.

Your rights as a victim. The Code of Practice for Victims of Crime (the Victims' Code) sets minimum standards for how organisations in England and Wales must treat victims of crime. It says victims should be treated in a respectful, sensitive and professional manner without discrimination of any kind. The rights it lists include having the details of the crime recorded without unjustified delay, being given information when reporting the crime, being referred to services that support victims, and being provided with information about compensation. See our guide to Victims' Code rights.

Independent support. An Independent Sexual Violence Advisor (ISVA) is a free, independent adviser for victims of sexual violence. See our ISVA and IDVA guide and What is an ISVA and how do I get one?. If you have been injured in a violent crime, our guide to CICA criminal injuries compensation explains who can apply and the time limits.

National Ugly Mugs (NUM). NUM describes itself as a national organisation that provides greater access to justice and protection for sex workers, and as a UK-wide charity working with sex workers. On its own website it says that it:

• takes reports of incidents of harm to sex workers, and sends alerts to warn others in adult industries about dangerous people and conditions;
• offers online tools to report something that has happened, sign up for alerts, check details of clients, and get unwanted online content taken down (some of these need you to register on its website);
• has a casework team giving emotional and practical support to adults across sex industries, including three qualified ISVAs, and says it provides support whatever you decide about contacting the police;
• can, if you choose to report to the police, support that process by linking with specialist contacts in each police force, and says it will never give the police any information without the explicit consent of the person concerned.

NUM's website gives a Freephone line for sex workers on 0800 464 7669, and says its casework team is available from 10am to 4pm, Tuesday to Friday. Outside those hours it points people to 999 in an emergency and 101 for non-emergencies, and to a Sexual Assault Referral Centre (SARC) finder. The NHS also explains where to get help after rape or sexual assault.

The signs below describe someone else controlling a person's work or life. The Home Office's statutory guidance on modern slavery (version 4.9, published 15 October 2026) lists indicators of sexual exploitation. They include that a person may:

• have no cash of their own, or be unable to show an identity document;
• be escorted whenever they go to and return from work or other outside activities;
• have tattoos or other marks indicating "ownership" by their exploiters;
• work long hours or have few, if any, days off;
• be unable to refuse unprotected and/or violent sex.

The same guidance says there is no typical experience of people who have been trafficked for sexual exploitation: some are held captive, assaulted and violated, while others are less abused physically but are psychologically tormented and live in fear of harm to themselves and their family members.

Modern Slavery & Exploitation Helpline. Run by the anti-slavery charity Unseen, the helpline is on 08000 121 700. Its website says it is free and confidential. At the time we checked (26 October 2026) the website said that, due to unprecedented demand, the helpline had temporarily reduced opening hours and was open 8am to 6pm, Monday to Sunday, until further notice. If you are in immediate danger, call 999. The helpline says an adviser will do an initial safety check, and that you can give your details in confidence or anonymously. It says it will always seek your consent before passing your details to others, unless it thinks you or another person is in imminent danger, or there is a situation involving child abuse or danger to a person under 18.

The National Referral Mechanism (NRM). The NRM is the framework in England and Wales for identifying and referring potential victims of modern slavery and making sure they receive appropriate support. Under the Home Office guidance:

• Only designated first responder organisations can make a referral. These include police forces, parts of the Home Office, the National Crime Agency, local authorities, the Salvation Army, Migrant Help, Unseen and several other charities.
• An adult must consent to be referred into the NRM. If an adult does not consent, a "Duty to Notify" report is completed instead: the guidance says specified public authorities are required to notify the Home Office about any potential victims of modern slavery they encounter in England and Wales.
• Adults recognised as a potential victim through the NRM have access to specialist tailored support for at least 30 days while their case is considered. This may include legal advice, accommodation, protection, and independent emotional and practical help.
• The guidance says all NRM referrals should be passed to the police, on the person's behalf if they consent or as a third-party referral if they do not (provided this does not breach an obligation of confidence), but that this does not mean a potential victim is under any obligation to cooperate with the police.

The Modern Slavery Act 2015 also makes human trafficking a criminal offence. The CPS guidance on prostitution says that for people who direct, control or otherwise harm prostitutes, modern slavery charges should be considered.

The NHS says sexual health clinics are free and available to everyone, no matter your age, gender, ethnicity or sexuality. Services they offer include tests and treatment for sexually transmitted infections (including HIV testing), contraception (including emergency contraception), pregnancy testing, abortion advice, PrEP and PEP, hepatitis A and B vaccinations, HPV vaccinations, and help after rape or sexual assault.

The NHS says visiting a sexual health clinic is confidential, and that staff will not tell anyone what you discuss without your permission, including your GP. If staff think you or someone else is at risk of harm they may need to tell other healthcare services, but the NHS says they will not do this without talking to you first.

This comes from the NHS page Find a sexual health clinic. In England, you can find a clinic with the NHS sexual health clinic finder, which asks you to enter a town, city or postcode in England.

When a conviction becomes spent. GOV.UK says a fine becomes spent one year after you got it if you were 18 or over, or 6 months after if you were under 18. A spent conviction is not on your basic criminal record any more, but it can still show up on a more detailed standard or enhanced DBS check unless it is removed (filtered) from the certificate. If a court made a three-meetings order instead of a fine, use the GOV.UK tool to check when that conviction is spent. See GOV.UK: check if you need to tell someone about your criminal record and the DBS filtering guide.

Convictions and cautions from when you were under 18. The Crime and Policing Act 2026 contains two provisions that would change how older convictions and cautions are treated where the person was aged under 18 at the time of an offence under section 1 of the Street Offences Act 1959: section 116 would make them automatically disregarded, and section 117 would pardon the person. On 26 October 2026 legislation.gov.uk marks both sections as prospective, which means they are not yet in force and no start date has yet been appointed. Until they are brought into force they do not change anything. Check the status on legislation.gov.uk (section 116, section 117) before relying on them.