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Vagrancy Act 1824

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F1Vagrancy Act 1824

1824 CHAPTER 83 5 Geo 4

An Act for the Punishment of idle and disorderly Persons, and Rogues and Vagabonds, in England

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C1Short title given by Short Titles Act 1896 (c. 14)

C2Preamble omitted under authority of Statute Law Revision Act 1890 (c. 33)

F11, 2.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

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[F13Persons committing certain offences how to be punished. E+W

F2. . . [F3every petty chapman or pedlar wandering abroad, and trading without being duly licensed, or otherwise authorized by law; every common prostitute wandering in the public streets or public highways, or in any place of public resort, and behaving in a riotous or indecent manner; and] every person wandering abroad, or placing himself or herself in any public place, street, highway, court, or passage, to beg or gather alms, or causing or procuring or encouraging any child or children so to do; shall be deemed an idle and disorderly person within the true intent and meaning of this Act; and [F4, subject to section 70 of the Criminal Justice Act 1982,] it shall be lawful for any justice of the peace to commit such offender (being thereof convicted before him by his own view, or by the confession of such offender, or by the evidence on oath of one or more credible witness or witnesses,) to the house of correction, F5. . . for any time not exceeding one calendar month.]

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F5Words omitted by virtue of Criminal Justice Act 1948 (c. 58), s. 1(2)

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C4S. 3 extended to S. and N.I. by virtue of the extension of s. 4 to those jurisdictions by Prevention of Crimes Act 1871 (c. 112), s. 15; however, by virtue of the repeal (S.) of s. 4 by Civic Government (Scotland) Act 1982 (c. 45), Sch. 4, both sections no longer extend to S. [Editorial note: ss. 3, 4 are not necessarily in the form in which they have effect in Northern Ireland]

[F1[F6[F7 4 Persons committing certain offences to be deemed rogues and vagabonds. U.K.

F8F9Every person committing any of the offences herein-before mentioned, after having been convicted as an idle and disorderly person; every person pretending or professing to tell fortunes, or using any subtle craft, means, or device, by palmistry or otherwise, to deceive and impose on any of his Majesty’s subjects; every person wandering abroad and lodging in any barn or outhouse, or in any deserted or unoccupied building, or in the open air, or under a tent, or in any cart or waggon, not having any visible means of subsistence and not giving a good account of himself or herself; every person wilfully exposing to view, in any street, road, highway, or public place, any obscene print, picture, or other indecent exhibition; every person wilfully openly, lewdly, and obscenely exposing his person in any street, road, or public highway, or in the view thereof, or in any place of public resort, with intent to insult any female; every person wandering abroad, and endeavouring by the exposure of wounds or deformities to obtain or gather alms; every person going about as a gatherer or collector of alms, or endeavouring to procure charitable contributions of any nature or kind, under any false or fraudulent pretence F10... F11... every person being found in or upon any dwelling house, warehouse, coach-house, stable, or outhouse, or in any inclosed yard, garden, or area, for any unlawful purpose; every suspected person or reputed thief, frequenting any river, canal, or navigable stream, dock, or basin, or any quay, wharf, or warehouse near or adjoining thereto, or any street, highway, or avenue leading thereto, or any place of public resort, or any avenue leading thereto, or any street, [F12or any highway or any place adjacent to a street or highway;] with intent to commit [F13an [F14indictable offence]]; and every person apprehended as an idle and disorderly person, and violently resisting any constable, or other peace officer so apprehending him or her, and being subsequently convicted of the offence for which he or she shall have been so apprehended; shall be deemed a rogue and vagabond, within the true intent and meaning of this Act; and [F15 , subject to section 70 of The Criminal Justice Act 1982,] it shall be lawful for any justice of the peace to commit such offender (being thereof convicted before him by the confession of such offender, or by the evidence on oath of one or more credible witness or witnesses,) to the house of correction, F16. . . for any time not exceeding three calendar months; F17..., and F18... ]]]

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F7S. 4 repealed, so far as it extends to persons purporting to act as spiritualistic mediums or to exercise any powers of telepathy, clairvoyance or other similar powers, or to persons who, in purporting so to act or to exercise such powers, use fraudulent devices, (E.W.S.) by Fraudulent Mediums Act 1951 (c. 33), s. 2(b)

F8By Sexual Offences Act 2003 (c. 42), Sch. 6 para. 2, Sch. 7; S.I. 2004/874, art. 2, it is provided that the words in s. 4 from “wilfully, openly, lewdly” to “any female; or” be repealed (N.I.) (1.5.2004)

F9By Justice Act (Northern Ireland) 2011 (c. 24) (N.I.), Sch. 8 Pt. 5, it is provided that the words "being armed with any dangerous or offensive weapon, or" in s. 4(i) be repealed (N.I.) (5.5.2011)

F14Words in s. 4(i) substituted (N.I.) (5.5.2011) by Justice Act (Northern Ireland) 2011 (c. 24), s. 111(1), Sch. 7 para. 1

Modifications etc. (not altering text)

C6S. 4 extended to S. and N.I. by Prevention of Crimes Act 1871 (c. 112), s. 15; however, this section is not necessarily in the form in which it has effect in Northern Ireland.

C7S. 4: By Criminal Attempts Act 1981 (c. 47, SIF 39:1), s. 8, it is provided that the provisions of section 4 of the Vagrancy Act 1824 which apply to suspected persons and reputed thieves frequenting or loitering about the places described in that section with the intent there specified shall cease to have effect

F15 Who shall be deemed incorrigible rogues.E+W

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F16 Any person may apprehend offenders.E+W

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F110Power of sessions to detain and keep to hard labour, and punish by whipping rogues and vagabonds and incorrigible rogues.E+W

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F111, 12.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

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F114Persons aggrieved may appeal to the next sessions.E+W

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F119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

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F120. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

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F122 Not to extend to repeal any Act in force in Scotland or Ireland relative to the removal of poor, &c.E+W

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