Secretary of State for Justice v A Local Authority and others: disability and access to sex workers

Main Article Content

Martin F Regan
Kevin J Brown

Keywords

sex worker, mental capacity, care worker, human rights, statutory interpretation, Sexual Offences Act 2003, Sexual Offences (Northern Ireland) Order 2008

Abstract

This is a commentary on Secretary of State for Justice v A Local Authority and others, where the decision of the Court of Protection has been overturned by the Court of Appeal. The judgment has implications for (i) the article 8 and article 14 rights of those who lack capacity to arrange lawful sexual services; (ii) the criminal liability of their carers who are enlisted to assist with such arrangements; and, potentially, (iii) the ban on payment for sexual services in Northern Ireland.


 

Abstract 70 | NILQ 72.3.8 Regan and Brown Downloads 4