A Local Authority v C & Ors [2021] EWCOP 26

Appeal against a judgment on the ground that the judge's interpretation of the words "intentionally causes or incites" in Section 39 (1)(a) of the Sexual Offences Act 2003 failed to give the words their natural meaning. 

The central thrust of the grounds was that the judge's interpretation of the words "intentionally causes or incites" in Section 39 (1)(a) of the Sexual Offences Act 2003 in A Local Authority v C & Ors [2021] EWCOP 25 , failed to give the words their natural meaning. It was also contended that the judge's interpretation of the relevant section would be in effect to give the court's "imprimatur" to prostitution which it was contended would be "contrary to public policy".

The court gave permission to appeal. The tension between general policy considerations, identified on behalf of the Secretary of State, in relation to sex workers and the judge's interpretation of the language of s39, fell within that small and discrete category of cases contemplated by CPR rule 52.6(1) (b).

Read the full text of the judgment on Bailii