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Idle and disorderly persons in public places, watch out

Along with the increase in violent crimes, there is also an upsurge in the number of road blocks mounted by citizens in protest for protection. Readers of this column from time to time make enquires about the provisions in law pertinent to the blocking of roads. In direct response, the focus this week will be on the provisions of the law under the Town and Communities Act (hereinafter called 'the Act') to deal with idle and disorderly persons assembled in public places.

Idle and disorderly persons who assemble in a public place may be in trouble with the law, as section 20 of the Act provides that: "It shall be lawful for any constable to take into custody any idle and disorderly person who may at any time be found assembled in any thoroughfare, street, lane, public place, or in front or about. Or in the neighbourhood of any house, who upon being desired by such constable to retire or disperse and leave the place in which they shall have so assembled, shall refuse or neglect immediately to do so - carry such person before any justice."

Visible means

The matter would be heard in the Petty Sessions court before two justices who shall determine the complaints against the parties. The justices may determine bail or remand the accused. However, if it is proved to the satisfaction of the justices that the person accused was indeed loose and idle, disorderly and without any visible means of subsistence, the justices may call upon that person to find surety for his or her good behaviour for three calendar months or to asked that such person be imprisoned with or without hard labour for a period not exceeding 30 days.

This Act provides good armoury to the police, if they so desire, to effectively deal with idle and disorderly persons who assemble in any public place. Let us see how the police will use this tool as part of law enforcement.

Keith Bishop is an attorney-at-law and partner in the firm of Bishop & Fullerton. He may be contacted by email at knbishop@gmail.com.

 
December 6, 2007
 

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