Laws of the Island (Part II)
What You Need to Know
Arrest of certain offenders
By Stanford Conway
UNDER the Small Charges Act, Chapter 75 of the Laws of St. Christopher and Nevis, there are a number of offences under which an individual can be arrested, charged and taken before the court.
However, in this week’s publication we will only deal with a few of the offences that fall under the Small Charges Act.
Apprehension of Idle & Disorderly Person
According to the Small Charges Act, it is lawful for anyone in St. Kitts and Nevis to apprehend any person found committing any offence in which upon conviction he/she would be deemed to be an idle and disorderly person or a rogue and a vagabond, or an incorrigible rogue within the meaning of this Act.
The Laws clearly state that the apprehended person should be forthwith conveyed before a magistrate, or delivered to any constable or other peace officer of the jurisdiction in which he/she was apprehended and further conveyed before a magistrate.
Additionally, it would be deemed a neglect of duty if the constable or other peace officer refuses or willfully neglect to take the apprehended person into his custody and convey the individual before a magistrate. ~~Adz:Right~~
Neglect of duty is an offence and on conviction, the constable or other peace officer is liable to a fine not exceeding EC$24.
Aiders & Abettors in Offences
Anyone who aids, abets, counsels or procures the commission of any offence that is punishable on summary conviction will be liable to be proceeded against and convicted for the offence, either together with the principal offender or before or after the offender’s conviction. The individual who is accused of this offence will also be liable, on conviction, to the same forfeitures and punishments as well as to make the same payments as those of the principal offender would be liable.
The individual may also be proceeded against and convicted either in the jurisdiction where the principal offender may be triable or in which the offence of aiding, abetting, counselling or procuring was committed.
Begging
It may seem absurd to some people to hear that an individual can be apprehended and convicted for begging, but the Laws of the Federation say different. The Laws stipulate that any person found wandering abroad or placing himself in any public place to beg or gather alms, would be deemed an idle and disorderly person within the meaning of this Act. The perpetrator would be liable to a fine not exceeding EC$24, or to imprisonment for a term not exceeding one month.
The Laws also state that any person found wandering abroad and endeavouring by the exposure of wounds or deformities; or going abroad as a gatherer or collector of alms, or endeavouring to procure charitable contributions of any nature under false or fraudulent pretence would be deemed a rogue and vagabond within the meaning of this Act, and would be liable to imprisonment for no more than three months.
According to this Act, “public place” includes any road, street, square, sidewalk, alley, court, path, wharf, pier, jetty, bridge, shop, courthouse or any other place to which the public have access or are admitted without payment.
Annoyance in Public Place
Under the Small Charges Act, any person who in a public place persists in soliciting alms or employment, satisfying idle curiosity or annoying, after being warned not to do so by another person, or a police officer or special constable, would be liable to a fine not exceeding nine dollars and sixty cents [EC$9.60] or serve a14-day term of imprisonment.
Abuse & Bad Language
Another offence under this Act is abuse and the use of bad language. The Act clearly states that anyone who makes use of any abusive, blasphemous, indecent, insulting, profane or threatening language in any public place, any place to the annoyance of the public, or tending to a breach of the peace commits an offence. That person, if found guilty, would be liable to a fine not exceeding EC$24 or sent to prison for a term not exceeding one month.
