Odger's English Common Law

THE VAGRANCY ACTS. 233
It is expressly provided that, when any one is arrested as a suspected
person or a reputed thief for frequenting or loitering with intent to commit
felony, it is not necessary to show that he was guilty of any particular
act tending to show what his purpose or intention was ; he may be con-
victed as a rogue and vagabond if, from the circumstances of the case and
from his known character as proved to the Court, it appears that his intent
was to commit a felony. J
(1) Persons who, when apprehended as "idle and dis-
orderly persons," violently resist a police officer. In all
such cases, where a conviction as "idle and disorderly
persons " follows the apprehension, the prisoners may be dealt
with as " rogues and vagabonds."
(m) Expelled or deported aliens found in the United
Kingdom. 2
All the above are liable on conviction as rogues and
vagabonds to six months' imprisonment with hard labour, and
cannot demand trial by a jury. 3
(iii.) " Incorrigible rogues " are 4 : —
(a) All persons previously convicted as "a rogue and
vagabond " under this Act.
(b) All persons breaking or escaping out of legal confine-
ment before the expiration of their terms of confinement under
this Act.
(c) All persons apprehended and convicted as "rogues
and vagabonds," who on apprehension violently resist any
police officer.
Such an offender, after being convicted at the Petty
Sessions as an incorrigible rogue, 5 can be sent to prison with
hard labour till the next General or Quarter Sessions, where
he may be sentenced to further imprisonment with hard labour
for one year, and if deemed expedient, be also punished by
whipping.
A justice may order that any money found on such persons or the pro-
ceeds of any sale of their effects shall be applied towards the expenses of
apprehension and of maintenance during detention. 6
On information on oath that any person is an idle and disorderly person
i Prevention of Crimes Act, 1871 (34 & 35 Vict. c. 112), s. 16.
* 6 Edw. VII. c. 13, as. 1 (6), 3 (2), 7 (1).
s B. v. Dickinson, [1917] 2 K. B. 393.
* 6 Geo. IV. c. 83, b. 5.
5 Jt. v. Beam, [1915] 2 K. B. 762.
6 5 Geo. IV. c. 83, s. 8.