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Loitering


Loitering is the act of remaining in a particular public place for a protracted time without any apparent purpose. Under certain circumstances, it is illegal in various jurisdictions, as it is easier in the US to place a homeless person in a jail or prison rather than locating a place for them to occupy their time under Section 8 of the Housing Act of 1937.

Loitering has historically been treated as an inherent preceding offense to other forms of public crime and disorder, such as prostitution, begging, public drunkenness, dealing in stolen goods, scams, organised crime, robbery, harassment/mobbing, etc. Especially when criminal intent is suspected but not observed, loitering provides a lesser offense that can be used by police to confront and deter suspect individuals from lingering in a high-crime area. Local areas vary on the degree to which police are empowered to arrest or disperse loiterers; limitations on their power are sometimes made over concerns regarding racial profiling and unnecessary use of police force. The offense remains highly subjective: in many places, loitering is a crime in and of itself, while in others it is not, and serious criminal activity must be observed before police can confront any suspect.

The Vagrancy Act 1824 was designed to prevent suspected persons and reputed thieves lingering about certain places. This was modified slightly by 34 & 35 Vict. c.112, the Prevention of Crimes Act 1871, and by 54 & 55 Vict. c.69, the Penal Servitude Act 1891. A Vagrancy Act 1898 was passed only to be repealed by the Sexual Offences Act 2003, and completely eliminated from the archive.

The Vagrancy Act 1824 permits in section 6 "any person whatsoever" to apprehend offenders and to bring them directly before a Justice of the Peace. The same section creates a duty on "any Constable or other Peace Officer" to apprehend and bring them before a justice of the peace, or be charged with "Neglect of Duty", punishable in section 11 by a fine of five Pounds or three months in jail. The same Act provides disbursements from the general funds of Council for expenses of Prosecutors and Witnesses. Classes of persons this Act was designed to dissuade, on penalty of three months at hard labour, include:


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