Taxi Driver Online

I have just been watching night watch on TV, and it was about the prostitute problem in Nottingham.
The police where reporting taxi drivers to the council, and where loosing there licence for a month, for aiding and abetting and taking punters to the red light district and letting them pick up tarts.
How can this be an offence when the driver is only doing his job by taking the punter where he wants to go

Were the drivers convicted in court for any offence? If a driver kerb crawls on behalf of a passenger for the purpose of soliciting a prostitute then an offence may well have been committed, perhaps even waiting while a passenger picks up a prostitute might also give rise to prosecution. However until proven guilty one assumes the cab driver is innocent. Taking a passenger and dropping them off in this particular area would not constitute an offence. However if a cab driver had some input in procuring a prostitute then that might also give rise to prosecution.

All this is conjecture unless we know the full facts.

Regards

JD

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All the drivers had done was go to the area at the punters request, the punter then told the driver to pull up next to the tart, the punter then negotiated a deal then the tart got in the cab, the police then pulled the cab and got the punter and tart out, then they warned the drivers they would be reported to the council and would more than likely loose the badge for a month
The police where under the assumption that the drivers sometime negotiated the price with the tart for the punter

So it wasn't just a normal pick up and drop off type of fare? It was a wait and return while the passenger negotiated terms with a prostitute and the offence the police are relying on against the cab driver is aiding and abetting?

Consider this. If the taxi driver attempted to persuade the woman to offer herself for lewdness for financial reward would he be aiding and abetting in procuring the services of a prostitute on behalf of a third party?

One assumes that all a cab driver need do to commit an offence would be to enter into negotiation with the prostitute for her services on behalf of his passenger.

It is not as clear cut as first it might seem. Picking up and dropping off is not an offence, when you go beyond that boundary then cab drivers better be careful how they conduct themselves.

Regards

JD

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Copyright notice © The contents of this post are copyright of JD and are not to be reproduced outside of TDO without written permission.

What could you do in the situation where by your driving along with the punter and he asks you to pull over, and he starts speaking to the tart and she gets in, and the punter says go to a place, but on your way the police pull you, are you doing anything wrong then, in my book no as your doing what the punter requested.
it seams that all the drivers know what goes on in that area and are forever getting pulled by the police but they still take punters there

The problem you have in that respect is that just because a passenger asks you to break the law it doesn't mean you have to comply with such a request.

What you describe is tantamount to kerb crawling, which is an offence.

Soliciting for the purpose of prostitution.

A person commits an offence if he solicits another person, or different persons, for the purpose of prostitution either from a motor vehicle while it is in a street or public place or in a street or public place while in the immediate vicinity of a motor vehicle that he has just got out of or off, persistently or in such manner or in such circumstances as to be likely to cause annoyance to the person (or any of the persons) solicited, or nuisance to other persons in the neighbourhood. A person also commits an offence if in a street or public place he persistently solicits another person, or different persons, for the purpose of prostitution.

A person guilty of either of these offence is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

1 For these purposes, references to a person soliciting another person for the purpose of prostitution are references to his soliciting that person for the purpose of obtaining that person's services as a prostitute: Sexual Offences Act 1985 s 4(1) (amended by the Sexual Offences Act 2003 s 56, Sch 1 para 4(1), (5)(b)–(e)). As to the meanings of 'prostitute' and 'solicit' at common law see para 224 notes 1, 2 ante.

2 For the meaning of 'motor vehicle' see the Road Traffic Act 1988 s 185(1); and road traffic vol 40(1) (2007 Reissue) para 210 (definition applied by the Sexual Offences Act 1985 s 1(3) (amended by the Road Traffic (Consequential Provisions) Act 1988 s 4, Sch 3 para 29)).

3 For these purposes, 'street' includes any bridge, road, lane, footway, subway, square, court, alley or passage, whether a thoroughfare or not, which is for the time being open to the public; and the doorways and entrances of premises abutting on a street, and any ground adjoining and open to a street, are to be treated as forming part of the street: Sexual Offences Act 1985 s 4(4).

4 Ibid s 1(1)(a) (s 1(1) amended by the Sexual Offences Act 2003 Sch 1 para 4(1), (3)). As to the meaning of 'public place' see para 224 note 4 ante.

5 Sexual Offences Act 1985 s 1(1)(b) (as amended: see note 4 supra).

6 There must be a degree of repetition, either of invitations to one person or to different persons, but two invitations may be sufficient to support a charge: see Dale v Smith [1967] 2 All ER 1133, [1967] 1 WLR 700, DC (decided under the Sexual Offences Act 1956 s 32 (repealed)).

7 Sexual Offences Act 1985 s 1(1) (as amended: see note 4 supra). In convicting a person of "kerb-crawling" contrary to s 1 (as amended), justices are entitled to apply their local knowledge of the area where the offence occurred and conclude that his activities would have been likely to cause a nuisance to other persons in the neighbourhood even though there was no direct evidence that a nuisance had actually been caused to anyone: Paul v DPP (1989) 90 Cr App Rep 173, DC.

8 Sexual Offences Act 1985 s 2(1) (amended by the Sexual Offences Act 2003 Sch 1 para 4(1), (4)). There must be more than one act of soliciting in order to establish the element of persistence: Darroch v DPP (1990) 91 Cr App Rep 378, [1990] Crim LR 814, DC. To prove soliciting, the prosecution must prove that the defendant gave some indication, by act or words, to the prostitute, that he required the prostitute's services: Darroch v DPP supra (act of persistently driving a motor vehicle round an area frequented by prostitutes did not constitute an act of soliciting a woman for the purposes of prostitution; thus although there had been one act of soliciting, beckoning to a prostitute, there had not been persistent soliciting).
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Looking at some of the prostitutes that peddle their wares in and around the streets of Manchester I sometimes get the impression that men who are actively seeking their services might be better off getting their sexual gratification from a "corpse". lol

That's not to malign all Manchester prostitutes but I think if I was ever pressurised into obtaining their services I would rather use your pecker than my own. lol

Regards

JD

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1049. Recordable offences.

Convictions for, and cautions, reprimands and warnings in respect of, any offence punishable with imprisonment may be recorded in national police records. There may also be recorded in those records convictions for, and cautions, reprimands and warnings in respect of, the following offences:

1. Kerb Crawling.
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As previously stated Sexual Offences Act 1985 (1985 c 44) as amended by the 2003 Sexual Offences Act 2003, s 56, Sch 1, para 4(1), (2).

Date in force: 1 May 2004: see SI 2004/874, art 2.

1 Kerb-crawling

(1) A [person] commits an offence if he solicits [another person] (or different [persons]) for the purpose of prostitution—

(a) from a motor vehicle while it is in a street or public place; or

(b) in a street or public place while in the immediate vicinity of a motor vehicle that he has just got out of or off,

persistently or, . . . , in such manner or in such circumstances as to be likely to cause annoyance to [the person] (or any of the [persons]) solicited, or nuisance to other persons in the neighbourhood.

(2) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale . . .

(3) In this section “motor vehicle” has the same meaning as in [the Road Traffic Act 1988].

Regards

JD

A fair assessment of the current laws on prostitution

In the UK, prostitution is not illegal, but the associated activity around the industry often is.

The Street Offences Act 1959 includes offences of loitering and soliciting in a public place for the purpose of prostitution.

The Sexual Offences Act 1985 (SOA 1985) was aimed at kerb crawling:

section 1 makes it an offence to solicit another person or people for the purpose of prostitution from a motor vehicle in a public place or in a street.

SOA 1985, s 2 created an offence of persistent soliciting in a street or public place for the purpose of prostitution. Both are summary offences punishable by a fine.

The Sexual Offences Act 2003 made it an offence to pay for the sexual services of a child (up to 18 years of age) and sexual exploitation of children is now punishable by lengthy terms of imprisonment.

The Criminal Justice and Police Act 2001 also makes the placing of advertisements for prostitution on or in the vicinity of telephone boxes illegal.

The current laws are primarily aimed at reducing nuisance in local neighbourhoods and also at protecting children. But prostitution itself remains legal.
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Regards

JD

Our laocal council a few years ago decided that the best way to deal with drug addicts and problem families in Grantham was to move them down to Stamford where they immediately set up drug dealing down here.

This often led to them picking cabs up off the rank in Stamford to go to Grantham on a wait and return basis to pick up their supplies. This was an issue because although many of the drivers rubbed thier hands in glee at the prospect of a nice big fare like that an offence was technically being committed and although to my knowledge no one was ever charged the local police did issue the "gipsys warning"

My understanding is that it is impicit in your conditions of license that you will not engage in or allow your vehicle to be used for illegal activity.

I certainly think that taking a punter kerb crawling or to pick up drugs or even to burgle a house (I have heard of this happening) is a risk too far after all if you lose your license you lose your livelihood

Very generous of you JD.

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IDFIMH

Leave my pecker out of it JD, and use Ell Tells or BB's instead thats all there good for
You never know they my get some new recruits

Is Ell Tell a "Red"? If so would it be safe to assume he has a Red Pecker? lol just jesting, I really meant to say Red Pepper.

Peter Piper picked a peck of pickled peckers.

A peck of pickled peckers Peter Piper picked.

If Peter Piper picked a peck of pickled peckers,

How many pickled peckers did Peter Piper pick?

Regards

JD

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I'll have a pint of whatever you lot have had

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Guss you would not be able to drive for a week if you did
bringing a whole new meaning of kerb crawling