Divisional Court Cases
| Date | 01 January 1949 |
| DOI | 10.1177/002201834901300102 |
| Published date | 01 January 1949 |
| Subject Matter | Article |
Divisional Court Cases
'FREQUENTING'
BY A
SUSPECTED
PERSON
Clark v. Taylor
THE interpretation of
the
Vagrancy Act, 1824 has given
rise to
many
reported decisions.
Yet
another was
added
by
a decision of
the
Divisional Court on
the
20th
October
1948-(1948
W. N. 410).
The
question to be
determined was whether aperson
can
be said to be 'fre-
quenting' aplace of public entertainment or sport when
there is no evidence
that
he has visited
it
on more
than
one
occasion.
In
many
cases
the
length of time which a person
spends in a place will afford evidence
that
he is frequenting
it;
but
where a person attends, for example, a race meeting
it
is
to
be assumed
that
if he is there for a legitimate pur-
pose he will
stay
there for a number of races. Thus
the
length of time which he spends on
the
particular premises
is scarcely arelevant criterion of his intention. His
behaviour whilst there is more likely to furnish material
evidence as to his intentions and, as
the
Court held in
the
present case, such behaviour
may
in law constitute a
'frequenting' of a particular
part
of those premises.
In
the
present case
the
appellant was charged before
the
Sussex Justices on an information
that
on
the
27th
March 1948 he
had
frequented aplace of public resort,
namely
Plumpton
racecourse,
with
intent
to commit a
felony
contrary
to sec. 4 of
the
Vagrancy Act, 1824. On
the
hearing of
the
information
the
following facts were
admitted
or proved.
That
on
the
day
in question, in
consequence of a complaint received, a detective sergeant
and
detective constable
kept
observation on
the
appellant.
They
observed
that
the
appellant made his way three times
through a crowd of persons around abookmaker's stand.
He
then
disappeared in a crowd going to view a race.
Shortly after
the
finish of
the
last race he again appeared
at
the
same
stand
and
pushed his way through
the
crowd,
"
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