"There is no requirement that the offence is committed face-to- face and so it may in principle be committed where A solicits B from a street or public place using a telephone, or by sending a text or email."
Source: Paragraph 12.63 of Rook & Ward (4th Edition)
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I've been a solicitor for far too long to know that they're absolutely correct on the point. There is no requirement for the 2 persons to physically meet outside, as you suggest.
If the arrangements had already been made, then meeting outside the hotel would not constitute soliciting for the purposes of section 51A - DPP v Ollerenshaw [1992]. That's a SOA1985 case but the principle still holds true.
First we agree that when meeting outside the hotel with arrangements being per-arranged it does not constitute soliciting. That is what I said as well. In the above case though they did have an argument in public in order to cancel their sex encounter so it might be viewed as soliciting. And it was definitely to this action that the policeman referred as soliciting- NOT to the fact that they arranged their meeting via a phone call that might (with no evidence) had been made in a public place.
Now we disagree about this:
"There is no requirement that the offence is committed face-to- face and so it may in principle be committed where A solicits B from a street or public place using a telephone, or by sending a text or email." There is no requirement for the 2 persons to physically meet outside.
However good the authors of this book are I can dispute them because such a thing has never been tested in a UK court. And if you want to commit to fallacies (red-herrings) as they did then let me tell you this:
(a) The legal definition of a public place is any area that is open to the public, indoors or outdoors, and paid for private use or free to the public.
(b) Paid sex (or in fact sex in general) is illegal to take place in public places.
(c) Therefore, it is illegal to have (paid or free) sex in a hotel room.
Also mind you that:
(i) it is virtually impossible to deduce that someone has called/emailed from a public place unless you consider everything but his own purchased house as a public place.
(ii) that prostitution is illegal to be advertised in public places yet it is legal (with an above 18 statement) to be advertised on the internet which is also available to the public.
(iii) that small licensed non-organised brothels (yet again a public place according to the strict definition, like a barber shop or a private clinic) are legal.
(iv)that the soliciting law was voted with sole purpose to eliminate outdoor/street prostitution and loitering.
I know that solicitors are experts in red-herrings in their law interpretation. But there is always a rebuttal from pure logic...