Policy paper

Criminal Justice Bill: Nuisance begging and rough sleeping

Updated 23 February 2024

This was published under the 2022 to 2024 Sunak Conservative government

What are we going to do?

Replace the outdated Vagrancy Act 1824 with a suite of modern replacement powers to enable the police and local authorities to respond to begging and rough sleeping where it causes nuisance to the public, including by obstructing shop doorways and aggressively begging by cash points.

Police forces and local councils will be given the tools they’ve made clear they need to help move vulnerable individuals off the streets and direct them to the appropriate support they need, such as accommodation, mental health or substance misuse services.

How will we do it?

Measures in the bill will:

a) Prohibit begging where it is causing a public nuisance, such as by a cashpoint, in a shop doorway, on public transport, approaching people in their cars at traffic lights, and any broader incidence that cause harassment or distress. Where such situations arise, it would be for the police and/or local authorities to determine the appropriate response, be it a move on direction, prosecution for a criminal offence, issuing a nuisance begging prevention notice or applying to the court for a nuisance begging prevention order.

b) Introduce a new offence targeted at organised begging, which can be facilitated by criminal gangs to obtain cash for illicit activity.

c) Introduce powers for the police and local authorities to address rough sleeping where it is causing damage, disruption, harassment or distress, or a security or health and safety risk, such as by obstruction of fire exits and blocking pavements. Where such situations arise it would be for the police and/or local authorities to determine the appropriate response, be it a move on direction, issue of a nuisance rough sleeping prevention notice or applying to a court for a nuisance rough sleeping prevention order which can help those who are genuinely homeless and with complex needs be directed to appropriate support.

Failure to comply with a move on direction, notice or order will be an offence with a maximum penalty of one month imprisonment, a level 4 fine (£2,500), or both.

Background

Nobody should be criminalised for simply having nowhere to live. That is why the government is repealing the outdated Vagrancy Act 1824 which makes begging and some forms of rough sleeping a criminal offence.

The government has already embarked on a strategy to shift the focus to prevention and to move vulnerable individuals into multi-agency support. The government has made the unprecedented commitment to end rough sleeping within this Parliament and, in September 2022, a new cross-government strategy - ‘Ending Rough Sleeping for Good’ - was published, setting out how the government is investing £2 billion over three years to tackle homelessness and rough sleeping.

Police forces and local agencies have, however, asked for more direct tools to respond sensitively yet firmly to instances of nuisance begging and nuisance rough sleeping that place individuals involved at risk or make the public feel unsafe. Begging can cause harm to the individuals involved and to wider communities given its impact on high streets and community cohesion. Whilst begging can undermine the public’s sense of safety and pride in where they live, it can also be used by organised criminal gangs, including from overseas, as a source of funds in their own right, or to support other criminal activity.

Rough sleeping and begging can be conflated, but in reality the overlap between them is complex. Many people begging are not sleeping rough and do have a place to sleep at night. It is right that the police and other agencies should have the tools they need to respond effectively to begging where it is a barrier to individuals entering a pathway to stability off the street, alongside wider tools to help reduce rough sleeping.

Frequently asked questions

Why are you replacing the Vagrancy Act at all? / Is this a like for like replacement?

The government committed in 2022 to the repeal of the outdated Vagrancy Act which makes begging and some forms of rough sleeping a criminal offence. The repeal is provided for in the Police, Crime, Sentencing and Courts Act 2022.

As the government made clear at the time, the repeal of the Vagrancy Act will only be brought into force once suitable replacement legislation is in place to ensure local authorities, the police and other agencies have the powers they need to support vulnerable individuals and keep communities safe.

This is not a like-for-like replacement to the Vagrancy Act. The government has been clear that no-one should be criminalised simply for having nowhere to live and measures in this legislation will help encourage vulnerable individuals to take-up essential help and services.

It is right that the police and local authorities have the appropriate tools to respond effectively to begging and rough sleeping that can cause a nuisance to the public and harms the individuals involved.

Who has asked for these powers?

We know from our engagement with police forces and local authorities that nuisance begging is a real problem in town centres and high streets across the country, harmful to the individual involved and to their wider communities.

The current framework of tools for police and local authorities to respond to begging and rough sleeping, in the absence of the Vagrancy Act, is made up of a patchwork of different legislation and powers, so we are creating one comprehensive and more effective package that can help those in genuine need to take up appropriate offers of support.

What is the government doing to support rough sleepers?

Nobody should be criminalised for being destitute or simply for sleeping rough, and the government is not seeking to do so. This is why the government is committed to bringing into force the repeal of the outdated Vagrancy Act.

The government has made the unprecedented commitment to end rough sleeping within this Parliament and to fully enforce the Homelessness Reduction Act. We have already embarked on a strategy to shift the focus to prevention and move vulnerable individuals into multi-agency support, backed by £2 billion over three years.

The government is taking action to prevent people from becoming homeless and rough sleeping in the first place. Our rough sleeping strategy sets out a ‘prevention first approach’, including bringing forward investment so that nobody leaves a public institution for the streets, such as prison, hospital or care.

The flagship Rough Sleeping Initiative has been extended to 2025, with over £500 million funding so that local areas can provide the tailored support needed to end rough sleeping over the next three years.

We are investing in specialist accommodation to make sure people have a route to an independent life off the streets for good, including completing delivery of the Housing First pilots, a new £200 million Single Homelessness Accommodation Programme to deliver much-needed homes for young people and those with complex needs with a history of rough sleeping, and continuing to deliver 6,000 move-on homes through the Rough Sleeping Accommodation Programme, the biggest ever investment in housing for people sleeping rough.

We are not just providing additional investment in accommodation. We are working across the system to strengthen Job Centre support, bring together housing, homelessness and healthcare – including improving mental health provision and significant investment into drug and alcohol treatment. For example, the government is providing up to £186.5 million funding for the Rough Sleeping Drug and Alcohol Treatment Grant over this spending review period, and expanding into a further 20 local authorities, taking the total to 83.

The whole of government is united in our aim to end rough sleeping. We want our ambitious approach to be matched by bold local delivery and expect all those involved in ending rough sleeping to play their part.

What do you mean by ‘nuisance begging’?

From our engagement with police and local authorities, we know that begging can further entrench individuals on the streets, fund drug and alcohol addiction, and can cause anti-social behaviour. This is damaging to the individual themselves and can also cause distress or harm to others and the wider community.

We also know that for many members of the public, certain types of begging can make them feel vulnerable and less safe. Begging can be intimidating and distressing, or cause nuisance and disruption to local businesses. Begging can also be organised and facilitated by criminal gangs to obtain cash for illicit activity. It is right that we take steps to prevent this and this is why we are taking action.

Under this legislation, nuisance begging encompasses a range of begging activities in locations where individuals are likely to be handling money or are less able to move away. For example, near to a cash machine or the entrance to retail premises, or when on public transport. Nuisance begging also covers begging associated with behaviours that could make a person fear for their safety or the safety of their property. For example, when approaching an individual in a vehicle.

These provisions are designed to prevent distress and protect the public, as well as to provide police forces and local authorities with the appropriate tools to support vulnerable individuals into accessing the services they need.

What do you mean by rough sleepers causing ‘nuisance?

We know that not all rough sleepers cause nuisance and we are focused on preventing rough sleeping, as well as supporting those on the streets to sustain a life away from it. However, rough sleeping can be accompanied by behaviour which may cause distress or harm to others and the wider community. This may include things like: blocking shop doorways; leaving behind waste or drug paraphilia; damaging land or property; or using tents which obstruct others’ use of public spaces.

Where this happens, it is right that we consider the rights of other members of the community, ensuring that the police and local authorities can effectively address the issue and where appropriate encourage vulnerable individuals towards support.

Under the bill, nuisance rough sleeping encompasses a range of activities which cause damage, disruption, harassment or distress. This includes: damaging a place, property or the environment; disrupting public activity; or using threatening and abusive behaviour or displays. It also includes activity that may create, or prevent the determination of, a health, safety or security risk. For example, an individual rough sleeping in a way which blocks a fire exit or prevents wheelchair access on a walkway.

These provisions will prevent distress and protect the public, as well as providing police forces and local authorities with modern tools to support vulnerable individuals into accessing the services they need.

Isn’t begging already covered by other legislation?

There are a number of different tools open to the police and local authorities to use in different circumstances. However not all of these will fit properly or be the most appropriate way of effectively responding to people who beg who can have other support needs such as drug misuse.

We know anti-social behaviour powers are used in some areas to tackle aggressive begging. This requires an individual who is begging to cause harassment, alarm or distress and there will be situations where this test may not be met.

We want to ensure police and local authorities are given modern tools to tackle nuisance and organised begging which can make the public feel unsafe and open up new ways to get people to engage with offers of appropriate support, such as accommodation, mental health treatment and substance misuse treatment.