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14. Offences against public security and order
 
  Article 113-Offences of loitering with intent to participate in a crime  
113.1 Loitering with intent to participate in a crime  
  Loitering with intent to participate in a crime is when an individual or group of individuals are found to be frequenting a location known to be a place of crime, having been observed to be at the same location for a reasonable period of time without dispersing to another location.  
 
 Primary Fact(s)
 1. That the site of the alleged offence is a known site for street crime; and
 2. That warning signs of the penalties for such offences and the right to arrest on suspicion were located within two hundred metres of the site alleged offence; and
 3. That the accused man or woman was seen loitering for a reasonable period of time at or near the location and having been within clear view of at least one warning sign at one time during the period; and
 4. That the law enforcement official had a reasonable impression to believe the man or woman had recently committed, was in the process of committing or would soon commit a crime.
 
 
 Penalty Conditions (Level 1-Crime)
Type
Condition(s)
1-3
a) As a first time offender, with no further qualifications.
4-6
a) As a member of a gang, as a first time offender, with no further qualifications;
 
 
 Penalty Conditions (Level 2-Crime)
Type
Condition(s)
1-3
a) As a convicted offender conversing with another convicted offender;
b) In possession of non-lethal implements for committing crime;
4-6
a) As a repeat convicted offender conversing with another convicted offender;
b) In possession of unregistered knife;
 
 
 Penalty Conditions (Level 3-Crime)
Type
Condition(s)
1-3
a) As a convicted offender conversing with another convicted offender and carrying a weapon;
4-6
a) As a repeat convicted offender conversing with another convicted offender and carrying a weapon;
 
     
 
 

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