A Historic Shift: England and Wales to Decriminalize Rough Sleeping in Bold Move Against Homelessness

Rough sleeping is set to become decriminalized in England and Wales as part of a significant government overhaul aimed at modernizing laws related to homelessness. This change involves the repeal of the Vagrancy Act, a law that has been in place since 1824 and criminalizes the act of sleeping rough.

Deputy Prime Minister Angela Rayner has branded the Vagrancy Act as ”cruel and outdated”, stating that the new measures will ensure that no individual is ever criminalized for simply seeking shelter in public spaces. The government intends to introduce new legislation that will focus on addressing serious offenses such as organized begging and trespassing, ensuring that law enforcement has the necessary tools to maintain community safety without targeting the homeless population.

The decline in prosecutions related to rough sleeping under the Vagrancy Act is notable, with only 79 prosecutions and 59 convictions reported in 2023, a significant fall from over 1,000 prosecutions in 2011. The previous Conservative government initially proposed repealing the Act but failed to establish comprehensive alternative measures before the election last year.

The Labour government aims to replace the Vagrancy Act with a system that allows police to address issues effectively without resorting to criminalizing vulnerable individuals. Key reforms include new illegalities that tackle the facilitation of begging for profit and trespassing that indicates intent to commit a crime.

Charities supporting the homeless, such as Crisis, have welcomed the pending repeal as a major victory. Their chief executive, Matt Downie, highlights that scrapping the Act will significantly improve the lives of many, preventing individuals from being marginalized and promoting a more supportive approach to helping those in need. Downie expressed hope that this legislative change would herald a new era of assistance for the homeless, focusing on enabling individuals to achieve their full potential.