Axing ‘unacceptable’ law that targets homeless welcomed
After a lot of pressure, above all in the House of Lords, the government is about to scrap a law that has been criminalising homeless people for almost 200 years.
In Avon and Somerset, the “Act for the Punishment of idle and disorderly Persons, and Rogues and Vagabonds” – also known as the Vagrancy Act – was used to prosecute 45 people for begging in 2015 but only three people last year.
“People who sleep rough are some of the most vulnerable in society,” said Cecil Weir of Julian House in Bath. “Punishing people for not having a home, sleeping rough or begging is not the action of a caring society.
“The Vagrancy Act, created in 1824, has been an unacceptable law which has not withstood the test of time. The existing Anti-social Behaviour, Crime and Policing Act 2014 gives the police powers to address threatening or anti-social behaviour,” he said.
“We welcome the news that the Act is being repealed and want to recognise the collaborative approach to the complex issues
faced with the great partnership working between the police and multiple agencies who are engaging with people sleeping rough, offering support and a route off the streets.”
The government had been forced to scrap the 1824 law after losing a fierce battle in the House of Lords.
The Lords voted 144 to 101 for an amendment to repeal it on January 18, defeating the government in the very last vote of a very late night.
In Avon and Somerset, all three prosecutions for begging led to a conviction – with two dealt with by fines, and one dealt with in another way.
There were also seven prosecutions
in 2020 for being on enclosed premises for an unlawful purpose under the Act.
Nationwide, across England and Wales, 420 people were prosecuted for begging in 2020, the most recent figures available. That was down from 927 in 2019, and the lowest number since records began in 2010.
There were also 158 prosecutions for being on enclosed premises for an unlawful purpose.
People can also be prosecuted for sleeping out under the Vagrancy Act – however, there were no prosecutions for this in 2020.
It follows a campaign by homelessness charity Crisis to get rid of the dated law, which makes it illegal to sleep rough or beg.
Of the 420 prosecutions for begging in 2020, 293 led to a conviction – with one leading to a prison sentence, and two suspended sentences also given. Most of those convicted were given fines.
Rough Sleeping and Housing Minister Eddie Hughes said: “The Vagrancy Act is outdated and needs replacing, and so I’m delighted to announce the government will repeal it in full.
“This is the next step of our action, which has already driven a 37 per cent drop in rough sleeping since 2019,” he said.
“We will build on this with a strategy setting out how we will end rough sleeping for good, support vulnerable people off the streets and continue to protect communities from crime and antisocial behaviour.”
Punishing people for not having a home, sleeping rough or begging is not the action of a caring society
Cecil Weir