Anthony Metzer QC and Dr Charlotte Proudman were instructed pro bono by Centre for Women’s Justice on behalf of Nia and Women@TheWell to intervene in the appeal of A Local Authority v C & Ors [2021] EWCOP 25. The case concerns whether it is lawful for a carer to find a prostituted woman for a disabled person. The Secretary of State for Justice appealed the trial Judge’s decision and the case was before the Court of Appeal on 29 July 2021. Relying on first-hand evidence from Nia and Women@TheWell, it was submitted that girls & women in prostitution experience exploitative conduct. It was submitted that it is irrelevant whether the disabled person or carer were aware that that the woman was exploited (trafficked, forced, threatened). This is a strict liability offence under s.53A SOA 2003. There is no effective way to preclude the possibility that a person in prostitution has been exploited which could leave the carer or disabled person being open to prosecution. We also submitted that Article 8 cannot be construed as it has been by the trial Judge that it creates a right to pay for sex. The decision subject to an appeal is here: https://www.bailii.org/ew/cases/EWCOP/2021/25.html The outcome of the appeal is awaited.
Related barristers: Anthony Metzer KC, Dr Charlotte Proudman
