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CRIMINAL LAW AMENDMENT ACT 1912 - SECT 5

Determination of tenancy of premises on conviction for permitting use as brothel, &c.

5.(1) Upon the conviction, after the passing of this Act, of the tenant,
lessee, or occupier of any premises of knowingly permitting the premises, or
any part thereof, to be used as a brothel, the landlord or lessor shall be
entitled to require the person so convicted to assign the lease or other
contract under which the said premises are held by him to some person approved
by the landlord or lessor, which approval shall not be unreasonably withheld,
and, in the event of the person so convicted failing within three months to
assign the lease or contract as aforesaid, the landlord or lessor shall be
entitled to determine the lease or other contract but without prejudice to the
rights or remedies of any party to such lease or contract accrued before the
date of such determination. If the landlord or lessor should so determine the
lease or other contract of tenancy, the court which has convicted the tenant,
lessee, or occupier shall have power to make a summary order for delivery of
possession to the landlord or lessor.

(2) If the landlord or lessor after such conviction has been brought to his
notice fails to exercise his rights under the foregoing provisions of this
section and subsequently during the subsistence of the lease or contract any
such offence is again committed in respect of the premises, the landlord or
lessor shall be deemed to have knowingly aided or abetted the commission of
that offence, unless he proves that he had taken all reasonable steps to
prevent the recurrence of the offence.

(3) Where a landlord or lessor determines a lease or other contract under the
powers conferred by this section and subsequently grants another lease or
enters into another contract of tenancy to, with, or for the benefit of the
same person without causing to be inserted in such lease or contract all
reasonable provisions for the prevention of a recurrence of any such offence
as aforesaid, he shall be deemed to have failed to exercise his rights under
the foregoing provisions of this section, and any such offence as aforesaid
committed during the subsistence of the subsequent lease or contract shall be
deemed, for the purposes of this section, to have been committed during the
subsistence of the previous lease or contract.

(4) A person quitting premises in Ireland held by him under a lease or
contract which has been determined in pursuance of this Act shall not be
entitled to compensation under the Town Tenants (Ireland) Act, 1906 [or under
the Business Tenancies Act (Northern Ireland) 1964].(2) The period of
imprisonment ... which may be awarded to a person deemed to be a rogue and
vagabond under the Vagrancy Act, 1898, ... shall be increased to six months
... Save as aforesaid, nothing in this subsection shall affect the powers of a
court of summary jurisdiction to deal with a person deemed to be a rogue and
vagabond under the Vagrancy Act, 1898, anything in any other Act to the
contrary notwithstanding.

(3) The Vagrancy Act, 1898, as amended by this section shall extend to Ireland
with this modification, that for the words "be deemed a rogue and vagabond
within the meaning of the Vagrancy Act, 1824, and be liable to be dealt with
accordingly" there shall be substituted the words "be liable on summary
conviction to imprisonment for a term not exceeding six months ...".

(4) Every female who is proved to have, for the purposes of gain, exercised
control, direction, or influence over the movements of a prostitute in such a
manner as to show that she is aiding, abetting, or compelling her prostitution
with any person, or generally, shall be guilty of an offence under the
Vagrancy Act, 1898, ..., and those Acts as amended and extended by this
section shall apply accordingly.

(5) A person charged with an offence under the Vagrancy Act, 1898, ... may,
instead of being proceeded against in ... Ireland summarily, be proceeded
against on indictment, and on conviction on indictment shall be liable to
imprisonment, ... for a term not exceeding two years, ....

Subs.(6) rep. by 1923 c.9 (NI) s.5(4) sch.2

S.8 rep. by SLR 1927

© 1912 Crown Copyright

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