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Amendments of 61 & 62 Vict. c. 39 and 2 Edw. 7. c. 11.
5 Geo. 4. c. 83.
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7.—(1) In section one of the Vagrancy Act, 1898, and in section one of the Immoral Traffic (Scotland) Act, 1902, in subsection (3) (which deals with the evidence of living on the earnings of prostitution) there shall be substituted for the words “and has no visible means of subsistence” the words “or is proved to have exercised control, direction, or influence over the movements of a prostitute in such a manner as to show that he is aiding, abetting, or compelling her prostitution with any other person or generally.”
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(2) The period of imprisonment with hard labour which may be awarded to a person deemed to be a rogue and vagabond under the Vagrancy Act, 1898, or to a person convicted summarily of a crime and offence under the Immoral Traffic (Scotland) Act, 1902, shall be increased to six months, but such person shall not be liable to be dealt with as an incorrigible rogue within the meaning of the Vagrancy Act, 1824. Save as aforesaid, nothing in this subsection shall affect the powers of a court of summary jurisdiction to deal with a person deemed to be a rogue and vagabond under the Vagrancy Act, 1898, anything in any other Act to the contrary notwithstanding.
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(3) The Vagrancy Act, 1898, as amended by this section shall extend to Ireland with this modification, that for the words “be deemed a rogue and vagabond within the meaning of the Vagrancy Act, 1824, and be liable to be dealt with accordingly” there shall be substituted the words “be liable on summary conviction to imprisonment for a term not exceeding six months with hard labour.”
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(4) Every female who is proved to have, for the purposes of gain, exercised control, direction, or influence over the movements of a prostitute in such a manner as to show that she is aiding, abetting, or compelling her prostitution with any person, or generally, shall be guilty of an offence under the Vagrancy Act, 1898, or in Scotland under the Immoral Traffic (Scotland) Act, 1902, and those Acts as amended and extended by this section shall apply accordingly.
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(5) A person charged with an offence under the Vagrancy Act, 1898, or the Immoral Traffic (Scotland) Act, 1902, may, instead of being proceeded against in England as a rogue and vagabond, or in Scotland or Ireland summarily, be proceeded against on indictment, and on conviction on indictment shall be liable to imprisonment, with or without hard labour, for a term not exceeding two years, and, in the case of a second or subsequent conviction, such second or subsequent conviction being a conviction on indictment, the court may, in addition to any term of imprisonment awarded, sentence the offender if a male to be once privately whipped, and the number of strokes and the instrument with which they shall be inflicted shall be specified by the court in the sentence.
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(6) The wife or husband of a person charged with an offence under either of the said Acts may be called as a witness either for the prosecution or defence and without the consent of the person charged, but nothing in this provision shall affect a case where the wife or husband of a person charged with an offence may at common law be called as a witness without the consent of that person.
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