Vagrancy Act 1838
Encyclopedia
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The Vagrancy Act 1838 (1 & 2 Vict. c. 38) was an Act of Parliament
in the United Kingdom
, signed into law on July 29, 1838. It amended the Vagrancy Act 1824
, providing that any person discharged from custody pending an appeal against a conviction under that Act who did not then reappear to prosecute the appeal could be recommitted. It also provided that the penalty established by that Act for exposing indecent prints in a street or highway would extend to those who exposed the same material in any part of a shop or house.
This latter part of the Act was to prove significant in a number of prosecutions of artists for allegedly exhibiting obscene works of art, even when those exhibitions took place in a private space such as an art gallery. One of the most notorious successful prosecutions of an artist under the act was in 1929 when thirteen paintings by D. H. Lawrence
at the Warren Gallery, London, were seized by the police. A ban was placed on the paintings being shown in England, which is technically still in force, although they were shown again in London in December 2003.
The last artist to be successfully prosecuted under the 1838 Act was Stass Paraskos
in 1966, following a police raid on an exhibition of Paraskos's work at Leeds College of Art. Again a ban was placed on showing the offending paintings and drawings in England, which is also still legally valid. However one of the paintings was shown at Leeds City Art Gallery in 1993, and again at Scarborough Art Gallery in 2000, and several others are now owned by the Tate Gallery
, London.
Although aspects of the Act had been repealed in a piecemeal fashion by subsequent legislation, the full act was formally repealed in 1981 by the Indecent Displays (Control) Act 1981
(c. 42).
The Vagrancy Act 1838 (1 & 2 Vict. c. 38) was an Act of Parliament
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, signed into law on July 29, 1838. It amended the Vagrancy Act 1824
Vagrancy Act 1824
The Vagrancy Act 1824 is an Act of Parliament of the United Kingdom. It was introduced in 1824 as a measure to deal with specific problems in England following the Napoleonic Wars...
, providing that any person discharged from custody pending an appeal against a conviction under that Act who did not then reappear to prosecute the appeal could be recommitted. It also provided that the penalty established by that Act for exposing indecent prints in a street or highway would extend to those who exposed the same material in any part of a shop or house.
This latter part of the Act was to prove significant in a number of prosecutions of artists for allegedly exhibiting obscene works of art, even when those exhibitions took place in a private space such as an art gallery. One of the most notorious successful prosecutions of an artist under the act was in 1929 when thirteen paintings by D. H. Lawrence
D. H. Lawrence
David Herbert Richards Lawrence was an English novelist, poet, playwright, essayist, literary critic and painter who published as D. H. Lawrence. His collected works represent an extended reflection upon the dehumanising effects of modernity and industrialisation...
at the Warren Gallery, London, were seized by the police. A ban was placed on the paintings being shown in England, which is technically still in force, although they were shown again in London in December 2003.
The last artist to be successfully prosecuted under the 1838 Act was Stass Paraskos
Stass Paraskos
Stass Paraskos is an artist from Cyprus, although much of his life was spent teaching and working in England.-Early life:Paraskos was born in Anaphotia, on the Mediterranean island of Cyprus in 1933, the son of a shepherd farmer. He went to England in 1953 and became a cook in his brother's...
in 1966, following a police raid on an exhibition of Paraskos's work at Leeds College of Art. Again a ban was placed on showing the offending paintings and drawings in England, which is also still legally valid. However one of the paintings was shown at Leeds City Art Gallery in 1993, and again at Scarborough Art Gallery in 2000, and several others are now owned by the Tate Gallery
Tate Gallery
The Tate is an institution that houses the United Kingdom's national collection of British Art, and International Modern and Contemporary Art...
, London.
Although aspects of the Act had been repealed in a piecemeal fashion by subsequent legislation, the full act was formally repealed in 1981 by the Indecent Displays (Control) Act 1981
Indecent Displays (Control) Act 1981
The Indecent Displays Act is an Act of Parliament covering Scotland, England and Wales but not Northern Ireland. It is concerned with preventing the display of “indecent” material to the unsuspecting public. As with the Protection of Children Act, the Act does not define indecency, although it...
(c. 42).