Reasons for Recommendations of
Law Reform Commission to Repeal Section 160(1)
Annex 3
The
Sub-Committee's
(LRC) rejected
the
Law Reform Commission proposal to enact a replacement provision for section 160 (1) and recommended repeal of the entire provision. A summary of reasons for this recommendation is as follows-
Objection in Principle of Section 160 (1)
2.
necessarily
of
Section 160 (1) criminalises behaviour that is not
viewed in terms "criminal",
of the existing
The categories
crime (i.e. completed crimes and attempts). Commission regarded it as wrong in principle to characterise as
criminal
short of an attempt.
conduct
which fell
The present loitering offence was also criticised as impinging on the right silence by requiring a suspect to offer an explanation at the time of apprehension in order to avoid committing the offence.
to
unlawful
3.
IS there is to be a loitering law, the line has to
be árazn between conduct that is not
(innocent
loitering) and behaviour that is unlawful as loitering (but is nevertheless not a completed crime or an attempt). No matter what concepts are used or what test is applied, this can be an extremely difficult exercise. The difficulties of determining in practice the fine line between "criminal" and "innocent" conduct ia this context is such that it is better to repeal the
law altogether.
Abuse of the Law
4.
"victimless",
The
Due to the fact that the loitering offence is
is particularly subject to potential abuse. of the mentally-handicapped and those caught out
it
situation
Page 15Page 16
No comments yet.
Private notes are available after approval.