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Labour must scrap controversial 200-year-old law criminalising rough sleeping: 'We're still waiting'

Amnesty International UK has called on the government to deliver on the promise to axe the Vagrancy Act two years after MPs voted for it

A homeless person's tent on the street

Critics of the Vagrancy Act argue it pushes rough sleepers away from support that could help them off the streets. Image: Elvert Barnes / Wikimedia Commons

The government has been urged to finally deliver on the pledge to scrap the controversial 200-year-old Vagrancy Act that criminalises rough sleeping – two years after MPs promised to axe it.

The Vagrancy Act will continue to be used against rough sleepers and beggars in 2025 despite parliament voting to repeal it as part of the Policing, Crime, Sentencing and Courts Act.

The legislation, which initially came into force to deal with injured soldiers on the streets following the Napoleonic Wars 200 years ago, is still in operation in England and Wales until it is replaced.

New government analysis, published on Tuesday (18 December), found the Vagrancy Act was being used inconsistently across the country with 17 of 43 police forces choosing not to use it at all in the last year at all.

Jen Clark, economic and social rights lead at Amnesty International UK, said: “Despite parliament voting for this antiquated law to be repealed in 2022, we’re still waiting for new laws to replace it, even in the face of escalating numbers of people experiencing dangerous rough sleeping.  

“The UK government is right to say ‘no-one should be criminalised for simply sleeping rough on the streets’, but it’s entirely wrong to further criminalise this vulnerable group of people.”

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The analysis, which was part of the previous government’s levelling up agenda, found prosecutions under the Vagrancy Act rose between 2012 to 2014, before declining until the most recent published data in 2023.

Merseyside Police had the most Vagrancy Act prosecutions at 2.6 per 1,000 prosecutions compared to a combined average of 0.9 for all other areas.

Wiltshire and Derbyshire had the highest rate for prosecutions that led to a charge by the Crown Prosecution Service.

With 17 forces opting not to use the law, campaigners argued it should finally be repealed without new powers.

The Conservative government previously consulted on whether replacement powers are needed for police to tackle anti-social behaviour.

But homelessness charities have argued that officers already have sufficient powers to deal with begging or criminal behaviour by anyone who finds themselves homeless on the streets.

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The Vagrancy Act was then set to finally be replaced in the failed Criminal Justice Bill. But that attracted controversy, containing clauses that spoke of taking action against rough sleepers for “excessive smells”. 

“After the disastrous attempt by the previous government to introduce discriminatory measures in the Criminal Justice Bill, the new UK government has signalled an intention to aggressively police ‘street activity’ and street drinking in measures clearly intended to target people who have nowhere else to go,” added Clark.

“It’s a vital duty of UK government to ensure that no-one’s left without adequate housing or the support they need to address their health issues.   

“Draconian measures that punish people rather than support them to move away from the streets and push people away from the services which can provide that support and into an already overburdened criminal justice system.   

“We urgently need to see the Vagrancy Act fully repealed and the right to housing recognised in law, as we all as properly-resourced local services to support people as they move away from the dangers and indignities of the street.”

Amnesty International UK are not the only ones urging ministers to get on with scrapping the act.

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Harrow East MP Bob Blackman, who has campaigned on homelessness for many years and led the introduction of the Homelessness Reduction Act, urged the government to remove the Vagrancy Act from the statute book for good in parliament last week.

“Two years ago, on a cross-party basis, it was agreed to abolish the Vagrancy Act 1824. The only thing that was not provided was a commencement date,” said Blackman. “What is needed now is either a statutory instrument or further primary legislation to remove the act from the statute book once and for all. There appears to be a dispute between the Home Office and the Ministry of Housing, Communities and Local Government, which neither seems able to resolve.”

In response, House of Commons leader Lucy Powell said: “He [Blackman] has done so much to bring about the changes that are needed, and I commend him for all his work. I will ensure that the Department has heard his question, and that an update is given to him and the House at the earliest opportunity.”

Sharing footage of the exchange on social media, homelessness charity Crisis said “it’s past time for the government to deliver”.

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