Minor Offences | You and the Law

By Dr. William Para Riviere

May 14, 2014

Take notice that:-

•Any person whatsoever is entitled to arrest anybody whom he or she finds committing an offence for which the Courts would deem the offender to be an idle and disorderly person, or a rogue and vagabond or an incorrigible rogue. Further, after the arrest you must bring the arrested person forthwith before a Magistrate or deliver him or her to a constable or other peace officer to be taken before a Magistrate.

•Any person going about or placing himself or herself in a public place to beg or gather alms, or causing children to do so, is deemed by law to be an idle or disorderly person.

•Any person going about exposing wounds or deformities to collect alms, or going about trying to obtain charitable contributions of any kind whatsoever under any false pretense is deemed by law to be a rogue and vagabond.

•Any person who without a license holds a party for which persons pay in money or other reward is also deemed by law to be a rogue and vagabond.

•A person is also deemed by law to be an idle and disorderly person where a peace officer enters such a party and warns invited participants to disperse and that person does not disperse.

•Any person using blasphemous language in any public place or in any place which annoys the public or tends to a breach of the peace is liable to a fine of $250 or to 1 month's imprisonment.

•Any person who, after being warned not to do so, continues to follow another person in a public place for the purpose of gossip or annoying that other person is liable to a fine of $75 or to imprisonment for 14 days.

•Any person who without due permission plants canes to the North or East of any city or town at a distance of less than 100 feet is liable to a fine of $3,000.

•A parent or guardian of a child under the age of 14 years is liable to imprisonment for 6 months if that parent or guardian wilfully neglects to provide adequate food, shelter, clothing and medical aid to that child, as a result of which the child's health is seriously affected or likely to be so.

Any person who smokes in a house of religious worship during a religious service or in any churchyard or cemetery during a burial service is liable to a fine of $250.

•Any person who behaves in a disorderly manner at a lawful public meeting with intent to prevent the business of the meeting from taking place is liable to a fine of $500.

•Any person in charge of an animal in any public place who wilfully stays at such a distance from the animal that he cannot have proper control over it is liable to a fine of $100.

•Any person found drunk in any licensed premises or public place is liable to a fine of $75 on first conviction, to $50 on a second conviction within a period of 12 months, and to $100 on a subsequent conviction within such period of 12 months.

•A person is liable to a fine of $100 or 1 month's imprisonment if found to be drunk in any public place while in charge of a motor vehicle or any cattle or horse or in possession of a loaded firearm.

•Any person who deserts his wife or children is liable to imprisonment for 3 months.

•Any person who runs away and leaves his wife or his or her child or children is deemed by law to be a rogue and vagabond and liable to imprisonment for three months.

•Any man who can partly or wholly maintain his wife and children by lawful means, but wilfully refuses or neglects to do so, is deemed by law to be an idle and disorderly person and is liable to imprisonment for 1 month.

•Any person who, without permission of the Minister responsible, lets off or assists in letting off any fireworks, or lights or assists in lighting any bonfire within 100 yards of any city or town is liable to a fine of $250.

Any person who knowingly lodges or harbours thieves or reputed thieves is liable to a fine of $500 or 6 months' imprisonment.

•Any person who writes or draws any indecent word or figure or sketch in any public place is liable to a fine of $100.

•Any person who appears in public dressed in such a manner "as to outrage public morality" is deemed to be a rogue and vagabond and is liable to imprisonment for 3 months. Further, in deciding what an outrage against public morality is, account must be taken of whether the person's garments are made "partially or entirely of grass material, banana leaves, pelts or skin of animals".

•Any person who wilfully exposes any obscene print, picture or photograph in a public place is also deemed to be a rogue and vagabond and is similarly liable to imprisonment for 3 months.

•Any person who is involved in the publication or circulation of indecent material in a newspaper, or allows such matter to be published or circulated therein is liable to a fine of $3,000.

•Any person pretending or professing to read palms and tell fortunes, intending thereby to deceive patrons, is deemed a rogue and vagabond and is liable to 3 months' imprisonment.

•Any person who, after being warned not to do so, persists in coming or remaining on someone else's land is liable to a fine of $250 or 2 months imprisonment.

•Any person found in a dwelling house, office, warehouse, stable, outhouse, or in any closed yard, garden or area, or in any vessel, boat or lighter, for any unlawful purpose is deemed to be a rogue and vagabond and is liable to imprisonment for 3 months.

• Any person who threatens a person who is or is likely to be a witness in any court proceedings is liable to a fine of $500 or to 3 months' imprisonment.

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Any person who, while in a public place, refuses to help a police officer to capture or secure a person whom the said officer is endeavoring to capture or secure, when lawfully asked to do so by the officer, is liable to a fine of $100 or 14 days' imprisonment.

•Any person may be fined $100 for refusing to give his or her name or address, or for giving a false name or address to a police officer when lawfully asked to do so by the said officer.

All these offences and penalties have been created by the Small Charges Act, Chap.10:39. And, for the purpose of the Act, "public place" includes any road, alley, court, path, wharf, pier, jetty, bridge, shop, courthouse or any other place "to which the public have access or are admitted without payment". YOU ARE WARNED!!

(Dr. William Riviere is an Attorney at Law)