Repeal of the Vagrancy Act 1824: Police, Crime, Sentencing and Courts Act 2022 factsheet
Updated 20 August 2022
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1. What are we going to do?
The Government is committed to ending rough sleeping. As part of this, we are committed to completing our review of the Vagrancy Act 1824.
No one should be criminalised simply for having nowhere to live which is why we believe that this legislation is antiquated and no longer fit for purpose, and why we have committed to repeal this outdated Act.
The Government has committed over £800 million to tackle homelessness and rough sleeping this year and £2 billion over the next three years.
We will also deliver a bold, new rough sleeping strategy which will set out how we will end rough sleeping, building on recent success ensuring rough sleeping is prevented in the first instance and is effectively responded to in the rare cases where it does occur, but also that our police have the ability to intervene where needed and keep people safe.
2. How are we going to do it?
The Police, Crime, Sentencing Courts Act provides for the 1824 Act to be repealed in full in England and Wales. This includes repealing section 3 of the Act, which currently makes begging an offence, and section 4 of the Act, which currently creates a range of offences including persons who sleep in an outdoor setting, or in any deserted or unoccupied building.
However, we must balance our role in providing essential support for the vulnerable with ensuring that we do not weaken the ability of police to protect communities. In order to ensure that the police have the tools they need the Act’s repeal will not be commenced until appropriate replacement legislation is in place. We will seek to bring forwards such replacement as soon as practicable.
3. Frequently asked questions
3.1 Why can’t the Vagrancy Act be repealed immediately?
While we are committed to repealing the outdated Act, we must balance our role in providing essential support for the vulnerable with ensuring that we do not weaken the ability of the police to protect communities.
Therefore, while the Act provides for the 1824 Act to be repealed in full, we will not commence the repeal until appropriate replacement legislation is in place.
3.2 Will repeal of the Vagrancy Act affect the powers and tools available to the police under the Anti-social Behaviour, Crime and Policing Act 2014?
The Anti-social Behaviour, Crime and Policing Act 2014 provides police, local authorities and other local agencies with tools and powers to tackle anti-social behaviour (i.e. behaviours that cause harassment, alarm and distress) if they meet the relevant legal tests. Begging by itself does not constitute anti-social behaviour but if begging was accompanied by anti-social behaviour that did meet the thresholds then the powers could be used if local areas deemed it appropriate.
The statutory guidance that accompanies the 2014 Act supports local areas to make proportionate use of the powers and provides guidance on how to use the powers to tackle different types of anti-social behaviour. The guidance also explicitly sets out that the powers should not be used to target people based solely on the fact that they are homeless or rough sleeping.