Section 159Part 5 — Offences Injurious to the Public in General
Rogues and vagabonds
←→ Navigate · Click subsection badges to collapse · Press ? for help
159. (1) Every person —
when not at that person’s place of abode, having with that person any article for use in the course of or in connection with any burglary or theft;
found by night, without any lawful excuse (the proof of which excuse shall be on such person), in or upon any dwelling-house, closed commercial premises, warehouse, garage, stable or out-house, or in any enclosed garden, yard or area, or in, or on board any ship or other vessel or aircraft when lying, or being in any port or place within the Islands;
being a suspected person, or reputed thief, frequenting any wharf, or warehouse near or adjoining thereto, or any public place leading thereto, or any public place whatsoever or any place adjacent to a public place, with intent to commit an offence; or
apprehended as an idle and disorderly person, and violently resisting any constable so apprehending that person, and being subsequently convicted of the offence for which that person shall have been so apprehended, is deemed to be a rogue and a vagabond and to have committed an offence and is liable for a first offence to imprisonment for three years and for every subsequent offence to imprisonment for four years, and every weapon or instrument used in housebreaking shall, on conviction of an offender in possession of the same be forfeited to the Crown.
Where a person is charged with an offence under paragraph (a) of subsection (1), proof that the person had with them any article made or adapted Section 160 Penal Code (2026 Revision) Page 70 Revised as at 31st December, 2025 c for use in committing a burglary or theft shall be evidence that the person had it with them for such use.