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Stripping Back The Law... The Fight To Decriminalise Prostitution

 In Britain, the law regarding sex work is complex. Certain acts, namely that of engaging in sex for money, is legal, but a number of related acts, from soliciting in public, 'kerb crawling', managing a brothel, and others are illegal, severely restricting the work of prostitutes and other sex workers. Laws intended to protect sex workers, such as child prostitution, trafficking and the offence of paying a sex worker who has been subjected to force, are haphazardly enforced, leaving sex workers in a grey area - fearing the police and prosecution, but relying on the law to protect them. This blog post will examine some of the key failings in the law that leave prostitutes in dangerous territory, and the fight by groups such as the English Collective of Prostitutes to decriminalise prostitution entirely.  The key legislation outlawing street prostitution, public solicitation, and brothels are the Policing and Crime Act 2009, the Sexual Offences Act 2003 and the Sexual Offences A...

The Law That Broke The Camel's Back... Brexit and Statutory Interpretation

Before Parliament was prorogued, MPs from across the House passed the European Union (Withdrawal) (No. 2) Act 2019, which requires the Prime Minister to request an extension to the art.50 deadline in order to prevent a 'no deal' Brexit. Interestingly, there have been rumours that the government is seeking to challenge this law in court, interpret it as broadly as possible, or ignore it entirely. Foreign Secretary Dominic Raab has been reported as saying he will "test to the limit" this new legislation in order to ensure that the UK leaves the EU by the October 31st deadline, as reported by the Daily Mail .  But how can you test legislation? Dicey wrote that an Act of Parliament, validly passed, cannot be brought into question in any court, but that still allows our judges to interpret legislation, even perhaps to the extent of ignoring its main purpose.  There are three main different types of statutory interpretation: Literal, 'The Golden Rule', a...