A report by Crisis, the homelessness charity, published last week, argues that the Act is out of date, inhumane and needlessly pushes vulnerable people further from help. It warns that the Act makes it the responsibility of the police to deal with rough sleeping when a multi-agency approach and use of outreach services is a more helpful approach.
The government has said it will review the Act as part of its rough sleeping strategy. The Vagrancy Act was abolished in Scotland in 1982.
Bindmans partner Mike Schwarz, who contributed to the Crisis report, said: ‘I am really impressed by Crisis’ and others’ initiative to have the antiquated and socially regressive Vagrancy Act reviewed and repealed.
‘It is, literally a pre-Victorian piece of legislation, reflecting the outdated and oppressive views from a bygone era on a section of our community which needs support, rather than criminalisation. The report will, I hope, be the final step towards its abolition.’
The 1824 Act was originally introduced to make it easier for police to deal with destitute soldiers returning from the Napoleonic Wars. It makes it a criminal offence to ‘wander abroad’ or to be ‘in any public place, street, highway, court, or passage, to beg or gather alms’ in England and Wales.
According to a Freedom of Information request made by Crisis to the Ministry of Justice, there were 1,320 recorded prosecutions under the Act in 2018, an increase of 6% on the previous year, but less than half the number made five years ago.
Between 2014 and 2018, rough sleeping in England rose by 70%.
Homeless people have reported being fined £100 and banned from town centres under the Act, risking prison if they are caught again. However, this can prevent those people using local services for rough sleepers.
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