Ditching the ancient: Say goodbye to street sleeping fines and prison in England and Wales
- By Jessica Kroell
- 2 Min
Law Prohibiting Homelessness in England and Wales Abolished - England and Wales eliminate law penalizing homelessness.
The British government has set the stage for a significant change, announcing its plan to abolish the archaic Vagrancy Act of 1824 by the spring of next year. This antiquated law made roughening it on the streets of England and Wales a punishable offense. Introduced during the Napoleonic Wars and Industrial Revolution, the law aimed to quell growing homelessness and related disturbances.
Post-war, countless men found themselves homeless, resorting to roughing it on the streets and panhandling to survive. The rush of job seekers from the countryside to cities during the Industrial Revolution put a heavy strain on housing resources, leaving many without a roof over their heads. Since then, those found sleeping rough have faced hefty fines or even incarceration.
The number of prosecutions and convictions under this 1824 law has dwindled in the last decade. As per government data, there were 79 prosecutions and 59 convictions in 2023, compared to 1,050 prosecutions and 810 convictions in 2011.
A long-awaited scrapping of an outdated law
"We're drawing a line under almost two centuries of injustice inflicted upon our most vulnerable citizens," stated British Deputy Prime Minister Angela Rayner. "No one should be prosecuted or thrown in jail for simply trying to sleep on the streets. By abolishing this barbaric and outdated law, we ensure history never repeats itself in such a cruel manner."
The abolition of the law was initially announced in 2022 by the Conservative previous administration, who intended to replace it with a new law before the parliamentary elections last year. Unfortunately, that did not transpire.
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Sources: Government statement, BBC *
- Homelessness
- Vagrancy Act
- England
- Wales
- Law change
- Men
- Great Britain
Background
Originally designed to address concerns about drifters wandering the country in search of work and veterans returning from the Napoleonic Wars[2][3][1], the Vagrancy Act consolidated centuries of previous vagrancy laws. It granted police the power to fine or imprison individuals found rough sleeping or begging[2][4]. Its purpose was not only to manage homelessness but also to ensure public order during a period of social upheaval following major conflicts and the Industrial Revolution[1][2][3].
Over the past two centuries, the Vagrancy Act has criminalized rough sleeping, but its use has diminished in recent decades. Shifting understandings of homelessness to regard poverty and destitution as social issues rather than crimes[2][4] has led to a decline in its enforcement. The Act's persistence, however, has resulted in ongoing prosecutions and stirred fear among people experiencing homelessness, persuading many to avoid seeking support services.
The UK government is set to officially repeal the Vagrancy Act in the spring of 2026, effectively decriminalizing rough sleeping in England and Wales[1][2][5]. Instead, legislation focusing on combating organized street crimes and trespassing will take precedence, ensuring that vulnerable individuals are protected from being penalized for sleeping rough. This progressive move coincides with increased funding for homelessness services and the development of a new homelessness strategy[1].
- The British government's decision to abolish the Vagrancy Act of 1824 marks a significant step towards reducing stigma and criminalization of vulnerability, as it plans to decriminalize rough sleeping in England and Wales.
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