Prevention of Crimes (CAP. 339 1
CHAPTER 339
T H E PREVENTION O F CRIMES ACT
Arrangement of Sections
Section
1. Short title.
2. Interpretation. -
3. Summary Conviction.
4. Offences made ~unishable.
5. Punishment of persons previously convicted.
6. Persons subject to supervision of police.
7. Duties of person subject to supervision.
8. Punishment for not notifying residence.
9. Indictments under this Act.
10. (1) Offences against this Act.
10. (2) Licence may be forfeited.
10. (3) Penalty for refusing to produce licence.
11. Offences against this Act.
12. Offences against this Act.
u
13. Constables may search premises.
14. How previous conviction may be proved.
15. Evidence against persons having received stolen
property.
16. Saving as to capital punishment.
17. Any person may apprehend.
18. Punishment for assaulting persons apprehending
others.
19. Night.
20. Expenses of prosecution to be allowed.
LAWS OF ANTIGUA AND BARBUDA
Prevention of Crimes (CAP. 339
PREVENTION OF CRIMES
(18th June, 1874.)
S.R.O. 2
1. This Act may be cited as the Prevention of Crimes short title.
Act.
2. In this Act- Interpretat
"Chief officer of police" means the Commissioner of
Police, and shall include any Deputy Commissioner
of Police, Assistant Commissioner oTPolice,
Superintendent, Assistant Superintendent, Inspec-
tor or subordinate police officer;
"crime" means any felony, or the offence of uttering
false or counterfeit coin, or of possessing counterfeit
gold or silver coin, or the offence of obtaining goods
or money by false pretences, or the offence of con-
spiring to defraud;
"offence" means any act or omission which is not a
crime as defined by this Act, and is punishable on
indictment or summary conviction.
3. Every offence against this Act shall be punishable :~z;;v.
on summary conviction.
4. (1) Every person who shall do any one or more :E;zb;.
of the following acts, that is to say-
(a) use violence to any person or any property; I
(6 ) threaten or intimidate any person in such a
manner as would justify a Magistrate, on complaint
made to him, to bind over the person so threatening
or intimidating to keep the peace;
(G) molest or obstruct any person in manner defined
by this section with a view to coerce such person;
shall be guilty of an offence against this Act, and shall be
.liable to a fine not exceeding two hundred and fifty dollars,
or to be imprisoned for any term not exceeding three months.
LAWS OF ANTIGUA AND BARBUDA
4 CAP. 339) Prevention of Crimes
(2) A person shall, for the purposes of this Act, be
deemed to molest or obstruct another person in any of the
following cases, that is to say-
(a ) if he persistently follow such person about from
place to place;
( b ) if he hide any tools, clothes, or other property,
owned or used by such person, or deprive him of, or
hinder him in, the use thereof;
(c) if he watch or beset the house, or other place,
where such person resides, or works, or comes on
business, or happens to be, or the approach to such house
or place, or if, with two or more other persons, he follow
such person in a disorderly manner in or through any
street or road.
(3) Nothing in this section shall prevent any person from
being liable under any other Act, or otherwise, to any other,
or higher, punishment than is provided for any offence by
this section, so that no person be punished twice for the same
offence:
Provided that no person shall be liable to any punish-
ment for doing, or conspiring to do, any act on the ground
that such act restrains, or tends to restrain, the free course
of trade, unless such act is one of the acts hereinbefore
specified in this section, and is done with the object of coer-
cing, as hereinbefore mentioned.
Punishment of 5 . (1) Where any person is convicted, on indictment,
persons
previously of a crime, and a previous conviction of a crime is proved
convicted. against him, he shall, at any time within seven years
immediately after the expiration of the sentence passed on
him for the last of such crimes, be guilty of an offence against
this Act, and be liable to imprisonment, for a term not
exceeding one year, under the following circumstances, or
any of them-
(a) If, on his being charged by a constable with
getting his livelihood by dishonest means, and being
brought before a Magistrate, it appears to such
Magistrate that there are reasonable grounds for believ-
ing that the person so charged is getting his livelihood
by dishonest means; or
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Prevention of Crimes (CAP. 339 5
(6) If, on being charged with any offence
punishable on indictment or summary conviction, and
on being required by a Magistrate to give his name and
address, he refuses to do so, or gives a false name or
false address; or
(c) If he is found in any place, whether public or
private under such circumstances as to satisfy the
Magistrate, before whom he is brought, that he was
about to commit, or to aid in the commission of, any
offence punishable on indictment or summary convic-
tion, or was waiting for an opportunity to commit, or
aid in the commission of, any offence punishable on
indictment or summary conviction; or
(4 If he is found in or upon any dwelmg-house
or any building, yard or premises, being parcel of or
attached to such dwelling-house or in or upon any shop,
warehouse, counting-house, curing house, boiling house
or other place of business, or in any garden, orchard,
pleasure ground or nursery ground, without being able
to account, to the satisfaction of the Magistrate before
whom he is brought, for his being found on such
premises.
(2) Any person charged with being guilty of any offence
against this Act, mentioned in this section, may be taken
into custody, as follows, that is to say-
(a) In the case of any such offence against this Act
in subsection (1) (a) mentioned, by any constable
without warrant, if such constable is authorized so to
do by the Chief officer of police;
(6) In the case of any such offence against this Act
in subsection (1) (c) mentioned, by any constable without
warrant, although such constable is not specially
authorized to take him into custody;
(6) Also, when any person is charged with being
guilty of an offence against this Act in subsection (1) (4
mentioned, he may, without warrant, be apprehended
by any constable or by the owner or occupier of the
property on which he is found, or by the servants of
the owner or occupier, or by any other person authorized
LAWS OF ANTIGUA AND BARBUDA
CAP. 339) Prevention of Crimes
Persons subject
to supervision of
police.
Duties of persons
subject to
supervision.
Punishment for
not notifying
residence.
Indictments
under this Act.
Cap. 213.
Cap. 117.
by the owner or occupier, and may be detained until
he can be delivered into the custody of a constable.
6. Where any person is convicted on indictment of
a crime, and a previous conviction of a crime is proved
against him, the Court having cognizance of such indict-
ment may, in addition to any other punishment which it
may award to him, direct that he is to be subject to the super-
vision of the police for a period of seven years or such less
period as the Court may direct, commencing immediately
after the expiration of the sentence passed on him for the
last of such crimes.
7. Every person subject to the supervision of the
police, who is at large in Antigua and Barbuda, shall notify
the place of his residence or any change thereof to the Chief
officer of police and if such person be a male he shall once
in each month report himself at such time as may be
prescribed by the Chief officer of police, either to such officer
himself or to such other person as the Chief officer of police
may direct and such report may accordingly as such Chief
officer of police directs be required to be made personally
or by letter.
8. If any person, subject to the supervision of the
police, who is at large in Antigua and Barbuda, remains
in any place for forty-eight hours without notifying the place
of his residence to the Chief officer of police or fails to com-
ply with the requisitions of the last preceding section on the
occasion of any change of residence, or with the requisitions
of the last preceding section as to reporting himself once in
each month, he shall, in every such case, unless he proves
to the satisfaction of the Magistrate before whom he is tried
that he did his best to act in conformity with the law, be
guilty of an offence against this Act, and, upon conviction
thereof, he shall be subject to be imprisoned for any period
not exceeding one year.
9. The provisions contained in the Indictments Act,
in relation to the form of, and the provisions contained in
the Criminal Procedure Act in relation to the proceeding
upon, an indictment for any indictable offence committed
after a previous conviction or convictions for any felony,
misdemeanours, or offence or offences punishable upon sum-
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Prevention of Crimes (CAP. 339 7
mary conviction, shall, with the necessary variations, apply
to any indictment for committing a crime as defined by this
Act, after previous conviction for a crime, whether the crime
charged in such indictment, or the crime to which such
previous conviction relates, be or be not punishable under
the said Act.
10. (1) Every person who occupies, or keeps, Offences against any this Act.
lodging-house, beer-house, public-house, or other house or
place where intoxicating liquors are sold, or any place of
public entertainment or public resort, and knowingly lodges,
or knowingly harbours, thieves or reputed thieves, or know-
ingly permits, or knowingly suffers them to meet or assem-
ble therein, or knowingly allows a deposit of goz' therein,
having reasonable cause for believing them to be stolen, shall
be guilty of an offence against this Act, and be liable to a
penalty not exceeding five hundred dollars, and the
Magistrate before whom he is brought may, if he thinks fit,
in addition to, or in lieu of, any penalty, require him to
enter into recognizances, with or without sureties, for keep-
ing the peace or being of good behaviour during twelve
months:
Provided that-
(a) No person shall be imprisoned for not finding
sureties in pursuance of this section for a longer period
than three months; and
( 6 ) The security required from a surety shall not
exceed ninety-six dollars.
(2) Any licence for the sale of any intoxicating liquors, Licence may be
forfeited. or for keeping any place of public entertainment or public
resort, which has been granted to the occupier or keeper of
any such house or place as aforesaid, may, in the discretion
of the Magistrate, be forfeited on his first conviction of an
offence under this section; and, on his second conviction of
such an offence, his licence shall be forfeited, and he shall
be disqualified, for a period of two years, from receiving
any such licence; moreover, where two convictions under
this Act have taken place within a period of three years in
respect of the same premises, whether the persons convicted
were or were not the same, the Magistrate shall direct that,
for a term not exceeding one year from the last of such con-
LAWS OF ANTIGUA AND BARBUDA
8 CAP. 339) Prevention of Crimes
victions, no such licence as aforesaid shall be granted to any
person whatever in respect of such premises; and any licence
granted in contravention of this section shall be void.
Penalty for (3) Any licensed person, brought before a Magistrate
refusing to
produce licence. in pursuance of this section, shall produce his licence for
examination, and, if such licence is forfeited, shall deliver
it up altogether; and, if such person wilfully neglects or refuses
to produce his licence, he shall, in addition to any other penal-
ty under this section, be liable, on summary conviction, to
a penalty not exceeding two hundred and fifty dollars.
Offences against 1 . Every person who occupies or keeps a brothel,
this Act.
and knowingly lodges, or knowingly harbours, thieves, or
reputed thieves, or knowingly permits, or knowingly suffers,
them to meet or assemble in any premises occupied by him,
or knowingly allows the deposit of goods therein, having
reasonable cause for believing them to be stolen, shall be
guilty of an offence against this Act, and be liable to a penalty
not exceeding five hundred dollars and the Magistrate before
whom he is brought may, if he thinks fit, in addition to,
or in lieu of, any penalty, require him to enter into
recognizances, with or without sureties, as in the Act
described.
Offences against
this Act.
12. Every suspected person, or reputed thief, fre-
quenting any dock or basin, or any quay, wharf or
warehouse, near or adjoining thereto, or any street, highway
or avenue leading thereto, or any place of public resort, or
any avenue leading thereto, or any street, highway or any
place adjacent to a street or highway, with intent to commit
a felony, shall be guilty of an offence against this Act and
shall be deemed a rogue and vagabond, and may be appre-
hended and committed to prison with hard labour for any
time not exceeding three months. In proving the intent to
commit a felony, it shall not be necessary to show that the
person suspected was guilty of any particular act or acts ten-
ding to show his purpose or intent, and he may be convicted
if, from the circumstances of the case, and from his known
character as proved to the Magistrate before whom he is
brought, it appears to such Magistrate that his intent was
to commit a felony.
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Prevention of Crimes (CAP. 339 9
13. (1) Any constable may, under the circumstances Constables may
hereafter in this section mentioned, be authorized in writing search premises.
by a Chief officer of police to enter, and if so authorized,
may enter any house, shop, warehouse, yard, or other
premises, in search of stolen property, and search, and seize
and secure any property he may believe to have been stolen,
in the same manner as he would be authorized to do if he
had a search warrant, and the property seized, if any, cor-
responded to the property described in such search warrant.
(2) In every case in which any property is seized in pur-
suance of this section, the person on whose premises it was,
shall, unless previously charged with receiving the same
knowing it to have been stolen, be s u m m o ~ d before a
Magistrate to account for his possession of such property,
and such Magistrate shall make such order respecting the
disposal of the property and may award such costs as the
justice of the case may require.
(3) It shall be lawful for any Chief officer of police to
give such authority as aforesaid in the following case, or either
of them-
(a) when the premises to be searched have been,
within the preceding twelve months, in the occupation
of any person who has been convicted of receiving stolen
property, or of harbouring thieves; or
(6) when the premises to be searched are in the
occupation of any person who has been convicted of any
offence involving fraud or dishonesty, and punishable
by imprisonment,
and it shall not be necessary for such Chief officer of police
on giving such authority, to specify any particular property,
but he may give such authority if he has reason to believe
generally that such premises are being made a receptacle
for stolen goods.
14. (1) A previous conviction may be proved, in any ~ n ; i ~ ~ ~ ~ y
legal proceeding whatever against any person, by produc- be proved.
ing a record or extract of such conviction, and by giving
proof of the identity of the person against whom the convic-
, tion is sought to be proved with the person appearing in
the record or extract of conviction to have been convicted.
LAWS OF ANTIGUA AND BARBUDA
10 CAP. 339) Prevention of Crimes
(2) A record or extract of a conviction shall, in the case
of an indictable offence, consist of a certificate, containing
the substance and effect only (omitting the formal part of
the indictment and conviction), and purporting to be signed
by the clerk of the Court, or other officer, having the custody
of the records of the Court by which such conviction was
made or purporting to be signed by the deputy of such clerk
or officer; and, in the case of a summary conviction, shall
consist of a copy of the minutes or memorandum of the con-
viction entered in the register required to be kept under the
Cap. 255. provisions of the Magistrate's Code of Procedure Act, pur-
porting to be signed by the Magistrate by whom or by whose
clerk such register is kept, or purporting to be signed by
such clerk.
(3) A record or extract of any conviction made in pur-
suance of this section shall be admissible in evidence without
proof of the signature or official character of the person
appearing to have signed the same.
(4) A fee, not exceeding one dollar and twenty cents,
may be charged for a record of a conviction given in pur-
suance of this section.
(5) The mode of proving a previous conviction
authorized by this section shall be in addition to and not
in exclusion of any other authorized mode of proving such
conviction.
Evidence against
persons having
15. (1) Where proceedings are taken against any per-
received son for having received goods knowing them to be stolen,
property. or for having in his possession stolen property, evidence may
be given at any stage of the proceedings that there was found
in the possession of such person other property stolen within
the preceding period of twelve months, and such evidence
may be taken into consideration for the purpose of proving
that such person knew the property to be stolen which forms
the subject of the proceedings taken against him.
(2) Where proceedings are taken against any person for
having received goods knowing them to be stolen, or for
having in his possession stolen property, and evidence has
been given that the stolen property has been found in his
possession, then, if such person has, within five years
LAWS OF ANTIGUA AND BARBUDA
Prevention of Crimes (CAP. 339 11
immediately preceding, been convicted of any offence
involving fraud or dishonesty, evidence of such previous con-
viction may be given at any stage of the proceedings, and
may be taken into consideration for the purpose of proving
that the person accused knew the property, which was proved
to have been in his possession, to have been stolen:
Provided that not less than seven days' notice in writing
shall have been given to the person accused, that proof is
intended to be given of such previous conviction; and it shall
not be necessary for the purposes of this section to charge
in the indictment the previous conviction.
16. This Act shall not affect the infliction of capital E;;:;: to
punishment in any case where capital punishmentTould have punishment.
been inflicted if this Act had not been passed.
17. It shall be lawful for any person whatsoever to f;ir:;:;;
apprehend the person who shall be found committing any
indictable offence in the night, and to convey him, or deliver
him to some constable or other peace officer in order to his
being conveyed, as soon as conveniently may be, before a
Magistrate to be dealt with according to law.
18. If any person, liable to be apprehended under
the provisions of this Act, shall assault, or offer any violence persons
to, any person by law authorized to apprehend or detain ~ F J ; F ~ ~ ~ ~ ~
him, or to any person acting in his aid and assistance, every
such offender shall be guilty of a misdemeanour, and, being
convicted thereof, shall be liable to imprisonment, for any
term not exceeding three years.
19. The time at which the night shall commence and Night.
conclude, in any offence against the provisions of this Act,
shall be the same as in cases of burglary.
20. In all prosecutions for any offence against the pro- F;z;;;f to be
visions of this Act, it shall be lawful for the Court, before
which any such offence shall be prosecuted or tried, to allow
the expenses of the prosecution, in all respects, as in cases
of felony.
