Appeal from a decision that care workers would not commit a criminal offence under section 39 of the 2003 Act were they to make the practical arrangements for a 27 year old man to visit a sex worker in circumstances where he has capacity (within the meaning of the 2005 Act) to consent to sexual relations and decide to have contact with a sex worker but not to make the arrangements himself.
Otherwise: A Local Authority v C and others (Institute of Registered Case Managers and others intervening)
The Lord Burnett of Maldon,
Lord Chief Justice of England and Wales,
Lady Justice King,
And,
Lord Justice Baker
[2021] EWCA Civ 1527, [2021] WLR(D) 540, [2021] 3 WLR 1425
Bailii, WLRD
Sexual Offences Act 2003 39, Mental Capacity Act 2005, Human Rights Act 1998
England and Wales
Crime, Health Professions
Updated: 21 December 2021; Ref: scu.668919