5 Who shall be deemed incorrigible rogues.E+W
[F1Every person breaking or escaping out of any place of legal confinement before the expiration of the term for which he or she shall have been committed or ordered to be confined by virtue of this Act;]every person committing any offence against this Act which shall subject him or her to be dealt with as a rogue and vagabond, such person having been at some former time adjudged so to be, and duly convicted thereof; [F1and every person apprehended as a rogue and vagabond, 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 [F2, subject to section 70 of the Criminal Justice Act 1982,] be deemed an incorrigible rogue within the true intent and meaning of this Act; and [F2, 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,) [F3to [F4the Crown Court], either in custody or on bail]; . . . F5
Textual Amendments
F1Words repealed (E.W.) by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1
F2Words inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 14 para. 1(b)
F3Words substituted by Criminal Justice Act 1967 (c. 80), Sch. 6 para. 1
F4Words substituted by Courts Act 1971 (c. 23), Sch. 8 para. 5(a)
F5Words repealed by Criminal Justice Act 1948 (c. 58), Sch. 10 Pt. I