Murray-Aynsley CJ:

This was a charge under s. 4 of Ordinance 37 of 1939 of "being a suspected person" loitering, etc.There are two elements in these cases: that of being a "suspected person" and "loitering etc." The two elements are distinct and the mere fact of loitering does not make the loiterer a suspected person; see Ledwith v. Roberts [1937] 1 KB 232.Here there was nothing to make the appellants suspected persons other than the facts which were the immediate cause of the arrests.

Appeal allowed.