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ADLA member for - NSW

Written by
Lionel Rattenbury
Criminal Defence Lawyer


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Drug Offences - NSW
Welcome to the NSW Procuring person to prostitution by the use of drugs article page. Everything you need to know about Procuring person to prostitution by the use of drugs according to NSW law - Dated: 31/01/2011

What the Law States according to NSW Law for Procuring person to prostitution by the use of drugs
According to NSW Law for the charge of Procuring person to prostitution by the use of drugs,

On the police facts sheet and the court attendance notice that you may have received you will have a reference to the law part and a short description of offence. These references help the court and the legal profession to identify the exact offence you have been charged with. The law part and short description for this offence are set out in the table below:

Law Part Short Description
408 Procure person by abuse of authority for prostitution-T1
409 Procure person by fraud for prostitution-T1
410 Procure person by intoxicating liquor for prostitution-T1
411 Procure person by threat for prostitution-T1
412 Procure person by use of drug for prostitution-T1
413 Procure person by violence for prostitution-T1

The Maximum Penalty - Procuring person to prostitution by the use of drugs
According to NSW Law for the charge of Procuring person to prostitution by the use of drugs,

The maximum penalty for the charge of procuring person to prostitution by the use of drugs (Section 91B of the Crimes Act) is 10 years imprisonment.

In NSW, a court can impose any of the following penalties for a procuring person to prostitution by the use of drugs charge.

You’ll find a brief description of each of these penalties at the bottom of this page.

Likely Penalty

District Court

Based on our experience and statistics from the Judicial Commission of New South Wales we believe that the penalty in a case that is within the mid range of seriousness for the offence of procuring person to prostitution for drugs, if heard in the District Court, is likely to be imprisonment for a period of 3 years.

What the Police must prove according to NSW Law for Procuring person to prostitution by the use of drugs

To convict you of a procuring person to prostitution by the use of drugs charge, the police must prove each of the following matters beyond a reasonable doubt:

  1. By means of fraud, violence, threat or abuse of authority, or by the use of any drug or intoxicating liquor, you;
  2. Procured, enticed or led away any person;
  3. For the purposes of prostitution.

They will also need to prove that you were the person who committed the procuring person to prostitution by the use of drugs offence.

Possible Defences under NSW Law - Procuring person to prostitution by the use of drugs

Possible defences to a procuring person to prostitution by the use of drugs charge include but are not limited to:

In NSW which court will hear the matter - Procuring person to prostitution by the use of drugs

This matter is a Table 1 offence which means that either the DPP or an accused can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.

Section 10 for a procuring person to prostitution by the use of drugs charge: avoiding a criminal record. Normally, when you plead guilty to a criminal offence, the court imposes a penalty and records a conviction. If the court records a conviction, you will have a criminal record. However, if we can convince the court not to convict you, there will be no penalty of any type and no criminal record. In all criminal cases, the court has the discretion not to convict you, but to give you a Section 10 dismissal instead. Read more.

Fines for a procuring person to prostitution by the use of drugs charge: When deciding the amount of a fine for a procuring person to prostitution by the use of drugs charge the magistrate or judge should consider your financial situation and your ability to pay any fine they set. Read more.

Good behaviour bond for a procuring person to prostitution by the use of drugs charge: This is an order of the court that requires you to be of good behaviour for a specified period of time. The court will impose conditions that you will have to obey during the term of the good behaviour bond. The maximum duration of a good behaviour bond is five years. Read more.

Community service order for a procuring person to prostitution by the use of drugs charge (CSO): This involves either unpaid work in the community at a place specified by probation and parole or attendance at a centre to undertake a course, such as anger management. In order to be eligible for a CSO you have to be assessed by an officer of the probation service as suitable to undertake the order. Read more.

Suspended sentence for a procuring person to prostitution by the use of drugs charge: This is a jail sentence that is suspended upon you entering into a good behaviour bond. Provided the terms of the good behaviour bond are obeyed the jail sentence will not come into effect. A suspended sentence is only available for sentences of imprisonment of up to two years. Read more.

Periodic detention for a procuring person to prostitution by the use of drugs charge (commonly known as weekend detention): This form of imprisonment ceased to be a sentencing option in October 2010.

Intensive correction order for a procuring person to prostitution by the use of drugs charge (ICO): This option has replaced periodic detention. The court can order you to comply with a number of conditions, such as attending counselling or treatment, not consuming alcohol, complying with a curfew and performing community service. Read more.

Jail for a procuring person to prostitution by the use of drugs charge: This is the most serious penalty for a procuring person to prostitution by the use of drugs charge and involves full time detention in a correctional facility. Read more.

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