Criminal Law Amendment Act, 1935

Offence of keeping a brothel.

13.—(1) In lieu of section 13 (repealed by this Act) of the Criminal Law Amendment Act, 1885 , it is hereby enacted that any person who—

(a) keeps or manages or acts or assists in the management of a brothel, or

(b) being the tenant, lessee, occupier, or person in charge of any premises, knowingly permits such premises or any part thereof to be used as a brothel or for the purposes of habitual prostitution, or

(c) being the lessor or landlord of any premises or the agent of such lessor or landlord, lets such premises or any part thereof with the knowledge that such premises or some part thereof are or is to be used as a brothel, or is wilfully a party to the continued use of such premises or any part thereof as a brothel, shall be guilty of a misdemeanour and shall be liable, in the case of a first conviction of such misdemeanour, to a fine not exceeding one hundred pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment and, in the case of a second or any subsequent conviction of such misdemeanour, to a fine not exceeding two hundred and fifty pounds or, at the discretion of the court, to penal servitude for any term not exceeding five years nor less than three years or imprisonment for any term not exceeding two years or to both such fine and such penal servitude or imprisonment.

(2) A Justice of the District Court shall have jurisdiction to try summarily any charge of an offence which is declared by this section to be a misdemeanour where the person so charged has not previously been convicted of any such misdemeanour and such person (inquiry having been made of him by the Justice) does not object to being so tried.

(3) Sections 5 , 6 , and 7 of the Disorderly Houses Act, 1751 , as amended by section 7 of the Disorderly Houses Act, 1818 shall apply to prosecutions for an offence which is declared by this section to be a misdemeanour.