LINDSAY REID v. HER MAJESTY'S ADVOCATE

An indictment has been served on the appellant for her trial in the Sheriff Court at Edinburgh at a sitting commencing on 9 November 1998, with a first diet on 27 October. In terms of charge 2 of the indictment she was charged along with two male co-accused that between certain dates in 1997 in certain premises in Edinburgh she did knowingly live wholly or in part on the earnings of prostitution, contrary to section 11(1)(a) of the Criminal Law (Consolidation) (Scotland) Act 1995.

shall be liable on conviction on indictment to imprisonment for a term not exceeding two years or on summary conviction to imprisonment for a term not exceeding six months".

At the first diet an objection was taken on behalf of the appellant to charge 2 so far as she was concerned, on the ground that section 11(1)(a) could not competently be libelled against her as she was female. The sheriff found the charge to be competent, and the appellant has appealed against that decision.

Mr. McBride, who appeared on her behalf, submitted that the objection which had been taken before the sheriff was supported by a sound construction of the section. Subsection (1) was extremely unusual in its terms in respect that it referred only to the liability of a male person to conviction. He compared it with the terms of subsection (4) of section 11 which provides:

"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 other person, or generally, shall be liable to the penalties set out in subsection (1) above".