Vagrancy Act


Published: 1939-02-27

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Vagrancy Act
VAGRANCY [CH.89 – 1


–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
[Original Service 2001] STATUTE LAW OF THE BAHAMAS

VAGRANCY
CHAPTER 89

VAGRANCY

ARRANGEMENT OF SECTIONS

SECTION

1. Short title.
2. Interpretation.
3. Vagrants.
4. Rogues and vagabonds.
5. Incorrigible rogue.
6. Arrest.
7. Saving.
8. Application.

FIRST SCHEDULE — Vagrants.
SECOND SCHEDULE — Rogues and Vagabonds.
THIRD SCHEDULE — Incorrigible Rogues.


VAGRANCY [CH.89 – 3


–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
[Original Service 2001] STATUTE LAW OF THE BAHAMAS

CHAPTER 89

VAGRANCY
An Act to control vagrants and for purposes related

thereto.
[Commencement 27th February, 1939]

1. This Act may be cited as the Vagrancy Act.
2. (1) In this Act the expression “the magistrate”

shall include every person exercising the judicial powers of a
magistrate under the provisions of the Magistrates Act.

(2) In this Act “public place” means any cartway,
court, field, footway, highway, pathway, passage, passage-
way, wharf, place of public resort, road and streets.

3. Any person who commits any of the offences
specified in the First Schedule to this Act and who is
convicted by the magistrate of any such offence shall be
deemed a vagrant and shall be liable to a fine of twenty
dollars or to imprisonment for two months.

4. Any person who commits any of the offences
specified in the Second Schedule to this Act and who is
convicted by the magistrate of any such offence shall be
deemed a rogue and vagabond and be liable to a fine of
fifty dollars or to imprisonment for four months.

5. Any person who commits any of the offences
specified in the Third Schedule to this Act and who is
convicted of any such offence by the magistrate shall be
deemed an incorrigible rogue and be liable to imprison-
ment for one year.

6. (1) It shall be lawful for a peace officer to arrest
without warrant any person who shall be found offending
against this Act.

(2) Any person so arrested shall forthwith be brought
before the magistrate for trial.

22 of 1939
43 of 1964
18 of 1965
66 of 1965
5 of 1987

Short title.

Interpretation.
66 of 1965, s. 2.

Ch. 54.

Vagrants.
First Schedule.;
5 of 1987, Sch.

Rogues and
vagabonds.
Second Schedule.;
5 of 1987, Sch.

Incorrigible
rogue.
Third Schedule.

Arrest.

CH.89 – 4] VAGRANCY





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

7. The provisions of this Act shall be in addition to
and not in derogation of the provisions of the Penal Code
or any other Act:

Provided however that no person shall in respect of the
same offence be punished under this Act and also under the
Penal Code or any other Act.

8. This Act shall apply throughout The Bahamas.

FIRST SCHEDULE (Section 3.)

VAGRANTS
1. Being a person who, being able to work or by other lawful

means to maintain himself or his family whom he or she may be
legally bound to maintain, such person or family being without
other means of support, refusing or neglecting so to do.

2. Being a common prostitute, loitering or soliciting in a street
or public place for the purpose of prostitution.

3. Being a person wandering abroad or placing himself in any
public place to beg or gather alms or cause or procure or encourage
any child or young person, within the meaning of the Children and
Young Persons Act, so to do.

4. Being a person who pretends or professes to tell fortunes.
5. Being a person who plays or bets (otherwise than in

accordance with the provisions of any law for the time being in
force permitting gaming) in any public place at any game or
pretended game of chance or with any instrument of gaming.

SECOND SCHEDULE (Section 4)

ROGUES AND VAGABONDS
1. Being a person committing any of the offences mentioned in

section 3 of this Act after having been deemed a vagrant.
2. Being a person lying, sleeping, or loitering in, upon or under

any verandah, gallery, barn, out-house, passageway, cartway, or
building wholly or in part unoccupied, and not being able to give a
satisfactory account of himself.

Saving.
Ch. 84.

Application.
66 of 1965, s. 4.

66 of 1965, s. 5.

66 of 1965, s. 5.

66 of 1965, s. 5.
Ch. 97.

18 of 1965, Sch.

VAGRANCY [CH.89 – 5


–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
[Original Service 2001] STATUTE LAW OF THE BAHAMAS

3. Being a person found in or under any cart, carriage, vessel,
aircraft or on or under any wharf, jetty, bridge, footway or any
public place not being able to give a satisfactory account of himself
or who refuses to leave or move therefrom when requested so to do
by any peace officer or by any person in charge of such wharf, jetty,
bridge or footway or public place or such car, carriage, vessel or
aircraft.

4. Being a person found in, upon or under any dwelling house,
warehouse, coach house, stable, garage or out-house or in any
enclosed yard or garden and not being able to give a satisfactory
account of himself or who is found there for the purpose of
committing some offence, either in that place or at some other
place.

5. Being a suspected person or reputed thief frequenting or
loitering in or about any place, public or private, with intent to
commit an offence:

Provided that in proving the intent to commit an offence as
referred to in paragraphs 4 and 5 of this Schedule it shall not be
necessary to prove that the person suspected was guilty of any
particular act or acts tending 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 court it appears to the court that
his intent was to commit an offence.

6. Being a person exposing to view in any public place any
obscene print, picture or other indecent exhibition.

7. Being a person wilfully, openly, lewdly or obscenely exposing
his person in any street, road or public highway or in view thereof
or in any place of public resort or with intent to insult any female.

8. Being a person wandering abroad and endeavouring by the
exposure of wounds or deformities to obtain or gather alms.

9. Being a person procuring or endeavouring to procure a
charitable contribution of any nature or kind under false or
fraudulent pretence.

THIRD SCHEDULE (Section 5)

INCORRIGIBLE ROGUES
1. Being a person committing any of the offences mentioned

in section 4 of this Act after having been deemed a rogue and
vagabond.

CH.89 – 6] VAGRANCY





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

2. Being a person having in his control or possession any
picklock, key, jackbit, and other implements with intent to commit
an indictable offence.

3. Being a person armed with any gun, pistol, hanger, cutlass,
bludgeon or other offensive weapon or any instrument with intent
to commit any felonious act.

4. Being a person apprehended as a vagrant or rogue and
vagabond and violently resisting any peace officer so apprehending
him and being subsequently convicted of the offence for which he
shall have been so apprehended.