Criminalisation of the Purchase of Sex in Scotland: Independent Commission - terms of reference

Remit

The remit of the Commission is to consider how to safely and effectively criminalise the purchase of sex in Scotland and adequately support those with experience of prostitution, including those who wish to leave.

Terms of reference

The Commission will consider evidence and practice from Scotland and internationally and provide recommendations on:

• the framing of a new criminal offence(s) relating to the purchase of sex that is operationally effective and enforceable and reflects the changing profile of prostitution
• an approach that reflects the realities and complexities of online activity including considering what interventions can be delivered within devolved competence, given the reserved nature of online regulation, while ensuring that any resulting offence is operationally enforceable by Police Scotland.
• in conjunction with, and informed by, survivors and those with experience of prostitution, how to effectively manage the risk to and safety of, those who engage in prostitution after any new offence is commenced
• a deliverable, affordable and sustainable support package for those who wish to, or have already, exited prostitution, including arrangements for how support can be accessed and monitored
• whether there should be associated reform or repeal of existing legislation that criminalises soliciting under section 46 of the Civic Government (Scotland) Act 1982 and what impact that would have on those engaged in prostitution, policing and communities
• options for managing the impact of disclosure of convictions for soliciting as well as other convictions related to activity associated with prostitution such as brothel-keeping
• the viability and effectiveness of rehabilitation programmes to change behaviours and attitudes, and to effect wider societal change, and as a potential alternative, where appropriate, to prosecution
• financial implications of any suggested intervention
• how to maximise the impact of any new offence on tackling demand for prostitution and identify what further preventative work can be done to challenge and deter men’s demand for prostitution