Sex buyer law Northern Ireland: PSNI unable to explain how it closed over 61% of arrests for buying sex in Northern Ireland since 2018

Only one arrest is recorded as leading to a conviction; 24 resulted in cautions, and four led to community resolutions.

For the other 46 arrests the PSNI said suspects “may have been dealt with by other methods without having been arrested”, and that not all community resolutions are recorded.

In 2014 the Assembly voted by 81 to 10 to make it a crime to pay for sex, passing a private members bill from DUP peer Lord Morrow, based on Swedish legislation.

A former police source familiar with the issues told the News Letter that the first reason for only one conviction was that it is "not a priority crime type" for the PSNI.

He then suggested that there were "evidential issues" and that witnesses are too vulnerable to testify. Lastly he said that “the PSNI priority's is human traffickers and not the buyers".

Former DUP MLA Jim Wells - who helped take evidence on framing the law as a justice committee MLA - noted that there have been quite a few arrests "but almost all of these either went no further or were dealt with by a caution".

He added: "If they made an arrest that tells me that the PSNI believed it had sufficient evidence to take the suspect to court but took the easy way out by going for a caution - instead of a prosecution."

Lucy Smyth, of Ugly Mugs, a sex workers rights organisation, said she believed the low prosecution rate was explained by evidence given to MLAs by the PSNI in 2014.

She noted that the PSNI had intially opposed the law, saying they were unable to carry out intrusive surveillance as the Swedish police do and that “they prioritise crimes that cause the most harm” instead.

(However, shortly before the law was passed, the PSNI changed its position and gave qualified support to the bill).

Then in 2018, officers from Stockholm police visited the PSNI to give a presentation on how they secure convictions without wiretap evidence or intrusive surveillance; they simply arrest buyers outside brothels, where the buyers usually come clean.

Swedish police also take the suspect’s mobile phones to confirm evidence of communication with the seller. The PSNI told the News Letter they did not adopt this approach.

When the law first came into force in 2015 the PSNI told the News Letter they were not seeking prosecutions - for an unspecified period - in order to "allow time for understanding and awareness" of the new law.

Louise Davies, Director of Advocacy and Policy at CARE, said the original PSNI policy made her concerned.

“In 2015, concerns were raised about the PSNI not seeking prosecutions under landmark provisions covering the purchase of sex,” she said. “This policy appears not to have changed in the last eight years, given CARE’s newly revealed data on arrests, prosecutions, and convictions in this area.”

She added: “The NI public was strongly supportive of a sex buyer law when it was being considered in 2014. A poll conducted by Ipsos MORI for CARE found that 78% of NI residents believed that Northern Ireland should criminalise the purchase of sexual services.”

The News Letter asked the PSNI whether it had changed its policy on prosecutions since 2015.

However it did not directly address the question.

Detective Inspector Rachel Miskelly responded: “In relation to the offence of paying for sexual services, the Police Service has made 75 arrests, resulting in 21 charges, from January 2018 to August 2023.”

She continued: “Detectives in our Modern Slavery and Human Trafficking Unit will continue to prioritise resources to safeguard victims. We are committed to delivering a service that meets the needs of victims, supporting them through an often stressful and traumatic experience, which can often continue beyond the criminal justice process."

Rachel Moran, who says she was "pimped into prostitution as a minor" is now Director of Policy and Advocacy at the International Centre on Sexual Exploitation.

She said: "If you've got 75 arrests for a crime that's happened many thousands of times since a law was introduced to stop it then you've got a law that isn't being adequately enforced. Also, if you've got 75 arrests and one conviction you need to know why the law isn't functioning properly. I stand with Lord Morrow in his call for an investigation into the effectiveness of the law.”

DUP MP Carla Lockhart said: “I think the lack of prosecutions since the introduction of this important legislation will raise eyebrows, and lead to questions for the PSNI as to the vigour by which they are pursuing those paying for sexual services.”

Amnesty International, which opposed the law, was also invited to comment.