Prevention of Crimes Act 1871

[F1 7 Special offences by persons twice convicted of crime. U.K.

Where any person is convicted on indictment of a crime, and a previous conviction of a crime is proved against him he shall, at any time within seven years immediately after the expiration of the sentence passed on him for the last of such crimes be guilty of an offence against this Act, and be liable to imprisonment, . . . F2 , for a term not exceeding one year, under the following circumstances or any of them:

• First. If on his being charged by a constable with getting his livelihood by dishonest means, and being brought before a court of summary jurisdiction, it appears to such court that there are reasonable grounds for believing that the person so charged is getting his livelihood by dishonest means: or,

• Secondly. If, on being charged with any offence punishable on indictment or summary conviction, and on being required by a court of summary jurisdiction to give his name and address, he refuses to do so, or gives a false name or a false address: or,

• Thirdly. If he is found in any place, whether public or private, under such circumstances as to satisfy the court before whom he is brought that he was about to commit or to aid in the commission of any offence punishable on indictment or summary conviction, or was waiting for an opportunity to commit or aid in the commission of any offence punishable on indictment or summary conviction: or,

• Fourthly. If he is found in or upon any dwelling–house, or any building, yard, or premises, being parcel of or attached to such dwelling–house, or in or upon any shop, warehouse, counting–house, or other place of business, or in any garden, orchard, pleasure ground, or nursery ground, or in any building or erection in any garden, orchard, pleasure ground, or nursery ground, without being able to account to the satisfaction of the court before whom he is brought for his being found on such premises.

• Any person charged with being guilty of any offence against this Act mentioned in this section may be taken into custody as follows; (that is to say),

• In the case of any such offence against this Act as is first in this section mentioned, by any constable without warrant, if such constable is authorized so to do by the chief officer of police of his district;

• In the case of any such offence against this Act as is thirdly in this section mentioned, by any constable without warrant, although such constable is not specially authorized to take him into custody;

• Also, where any person is charged with being guilty of an offence against this Act fourthly in this section mentioned, he may, without warrant, be apprehended by any constable, or by the owner or occupier of the property on which he is found, or by the servants of the owner or occupier, or by any other person authorized by the owner or occupier, and may be detained until he can be delivered into the custody of a constable.]

Textual Amendments

F1 S. 7 repealed (E.W.) by Criminal Law Act 1967 (c. 58), Sch. 3 Pt. I and repealed (S.) by Civic Government (Scotland) Act 1982 (c. 45, SIF 81:2), Sch. 4

F2 Words omitted by virtue of (E.W.) Criminal Justice Act 1948 (c. 58), s. 1(2) and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21), s. 221(2)