Judge: Review brothel sentencing powers

Friday 19 December 2014

Sentencing for brothel-keeping offences must be reviewed, according to the judge in the case of a man who brought two prostitutes to the Island, but who only faced a maximum fine of £50.

Magistrate Bridget Shaw sentenced Catalin Mihail Avram (35) to be bound over to leave the Island for three years after the court prosecutor said that the biggest penalty the court could hand out under the 120-year-old law was a three-month prison sentence or a £50 fine.

But in doing so she asked Police Legal Adviser Advocate Matthew Maletroit to request that Attorney General Tim Le Cocq review the law and the sentencing options open to the courts.

She said: “I am prepared to deal with this by way of a Binding Over to Leave the Island order, on condition that the disclaimer is signed and that Mr Avram remains in custody until he is put on transport.

“In doing so I note that the penalties for this matter have probably not been reviewed for some time although I understand as far as fines are concerned there is indeed the need for revision.

“Perhaps Mr Maletroit would bring this to the Attorney General, that this is a matter which needs to be looked at.”

Turning to Avram, she continued that she would make the order, but only on the basis that he remained in custody until he left the Island, and that the £397 that he had in his possession when arrested that appeared to be the proceeds of prostitution was seized.

She said: “It appears that you come to this Island with two women in order to facilitate prostitution. I do not accept that you came here looking for work or to settle – you had only booked passage for three days and had £300 between the three of you, and the materials that you had with you are indicative of your purposes.

“I agree with what has been said today that there is no benefit to the Island in your remaining here. You committed offences as soon as you arrived in the Island and that appears to have been your purpose in coming here.

“I do not think that there is anything to be served by you remaining in Jersey. Certainly I do not think that a community order would be appropriate. You have come for a short time, you are going to leave and your are not going to come back for at least three years."