Scrap the Act: The case for repealing the Vagrancy Act (1824)

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ii Scrap the Act: The case for repealing the Vagrancy Act (1824) iii

Author Acknowledgements

Nick Morris works in the Policy and External Affairs The views in this report are those of Crisis only but in the course of writing directorate at Crisis. it we benefited from valued contributions:

• The Crisis project team: Matt Downie, Rosie Downes, Martine Martin, Simon Trevethick, Cuchulainn Sutton-Hamilton, and Nick Morris; and our colleague Lily Holman-Brant for helping produce this report.

• George Olney from Crisis for providing the stories told to him by people on the street who were affected by the Act and directors from the Crisis Skylight services across England and Wales who shared their contacts and stories.

• Campaign partners Homeless Link, St Mungo’s, Centrepoint, Cymorth Cymru, The Wallich, and Shelter Cymru for their help developing this report and the campaign to repeal the Act.

• Lord Hogan-Howe for this report’s foreword and for chairing the multi- agency roundtable discussion in April 2019 in the UK Supreme Court (details in Appendix 1). Photo credit Chris McAndrew, licensed under the Creative Commons Attribution 3.0 Unported licence.

• Mike Schwarz, Bindmans LLP, for giving the legal advice in Appendix 2.

• Professor Nick Crowson for sharing historical data about the Vagrancy Act’s use.

• Cllr Ruth Bush and Matthias Kelly QC, for sharing their experiences of the End the Vagrancy Act campaign.

• Prison Reform Trust for helping analyse the recent data.

• Hannah Hart for providing advice and connections to policing and Crown Prosecution Service contacts who briefed us on police and criminal justice processes.

• Special thanks to Layla Moran MP for her leadership and awareness raising on the Vagrancy Act.

ISBN 978-1-78519-064-3 CRI0220_REPORT iv Scrap the Act: The case for repealing the Vagrancy Act (1824) v Contents Figures and Tables

Figures and tables v Chapter 3 Foreword vi Table 1 Vagrancy Act prosecutions (cases proceeded against) 12 Executive summary viii in England and Wales, 2008-2018 Graph 1a Vagrancy Act offences (total of the three offences) 13 1. Rough sleeping and enforcement in England and Wales today 1 Graph 1b Begging 13 Vagrancy Act offences today 3 Graph 1c Sleeping out 14 Graph 1d Being in enclosed premises for an unlawful purpose 14 2. The historical background to the Vagrancy Act 4 Graph 2 Prosecutions under the Act compared with 16 Three centuries of law-making led to the Vagrancy Act 4 rough sleeping levels ‘A measure simply of repression’ 5 Table 2 Percentage of cases in which a person is found guilty in 16 The extraordinary survival of the Act 5 prosecutions (cases proceeded against) and guilty cases Wide range of uses for the Act 8 that result in fines, 2008-18 Conclusion 9 Chapter 6 3. The evidence of how and why it is used today 10 Table 3 Vagrancy Act offences and alternative legislation 43 Changing nature of policing and dealing with trauma 10 Formal enforcement of the Act varies 11 Appendix 2 The Act doesn’t have to be used formally to have an effect 18 Table 4 Relevant alternative legislation to the Vagrancy Act 58 What people affected by the Act say 18 Threats and harm to people on the streets 22

4. The potential effect of repeal on policing 25

5. More effective approaches to the challenges 30 Scaled up assertive outreach and support in England and Wales 32 More effective responses to anti-social behaviour and crime 33

6. The Vagrancy Act and legal considerations 39 Vagrancy law in Scotland and elsewhere 39 Legal advice given to Crisis on England and Wales 41

7. The way forward 50 Conclusion: scrapping the Act 53

Appendix 1: Roundtable discussion on repeal 55 Appendix 2: Legal advice from Mike Schwarz, Bindmans LLP 57 Appendix 3: Draft Vagrancy (Repeal) Bill presented by Layla Moran MP 63 vi Scrap the Act: The case for repealing the Vagrancy Act (1824) Foreword vii Foreword

At its most basic level of definition, modern policing is about working in I do not believe that being homeless should be a crime, or that the public want partnership with local communities, businesses and the general public to keep to see people in that situation automatically criminalised. The Vagrancy Act people safe from harm. The law is our shared framework for conduct, providing implies that it is the responsibility of the police primarily to respond to these an agreed set of guidelines on what constitutes criminality and what does not. issues, but that is a view firmly rooted in 1824. Nowadays, we know that multi- It changes as our values, learning and priorities change. agency support and the employment of frontline outreach services can make a huge difference in helping people overcome the barriers that would otherwise Everything about the Vagrancy Act, including its name, signals that it comes from keep them homeless. a very different era. Technically, it even predates the police service as we know it, with Sir Robert Peel’s formative Metropolitan Police Act only passed in 1829. Individuals who have become homeless are in an incredibly risky situation. And while it has been my experience, gained across decades of service, that the Rough sleepers in particular are almost 17 times more likely to have been victims Vagrancy Act is rarely used today and only then as a last resort, the point is that it of violence and 15 times more likely to have suffered verbal abuse compared is still used. to the general public, according to Crisis figures.1 Yet, while the Vagrancy Act remains in law, these people are actively discouraged from engaging with the With the Vagrancy Act set for review as part of the Government’s Rough Sleeping police for fear of enforcement measures being taken. This does not help anyone. Strategy, the time has undoubtedly come to explore how this two-hundred- year-old piece of legislation sits alongside our modern legal framework, and to This report provides an overview of how the Vagrancy Act has been used examine its impact on the people most likely to be affected by it. historically and the challenges involved with its use today, alongside a comprehensive overview of alternate options, with the case for repeal very Frontline police are called upon to make judgement calls about vulnerable clearly made. My hope is that it will bring the issue into a sharp perspective and people who are either living on the streets, or living out of unsuitable temporary ensure that, when a decision comes to be made about the future of the Vagrancy accommodation, every day. There is a lot of pressure to act on issues like rough Act in England and Wales, it is the right one. sleeping and begging, but if the evidence shows that criminalisation is more likely to push people away from the support services they need to progress out of the situation, then we can and must do better than relying on this outdated piece of legislation to plug the gaps.

Lord Bernard Hogan-Howe QPM, Commissioner of the Metropolitan Police Service, 2011-2017

1 Sanders, B and Albanese, F (2016), “It’s no life at all”- Rough sleepers’ experiences of violence and abuse on the streets of England and Wales. London: Crisis. viii Scrap the Act: The case for repealing the Vagrancy Act (1824) Executive summary ix

The Act set out categories of ‘vagrant’ and to fears in society about people and the punishments they should experiencing the effects of it. Executive receive if they broke the law by sleeping rough, begging, or committed one of the other offences in the Act. The Act’s current use Many observers have commented on summary the looseness of the drafting of the Modern policing has changed Act, particularly its wide definition immensely since the Vagrancy Act of ‘vagrancy’. Over the years, many came into force. Policing and our groups have fallen foul of the law, understanding of the causes of This report looks at the case for repealing the Vagrancy Act including owners of shops displaying homelessness, anti-social behaviour 1824 in England and Wales. People sleeping rough experience ‘obscene prints’, people playing and other associated street activity the most extreme and visible form of homelessness, facing a dice in the streets and, in the 1970s, have improved. There are now young black men were pre-emptively very well evidenced links between greater risk of violence, abuse, and earlier death compared to stopped and searched under the so- vulnerability, trauma, and poverty and the general public. called ‘sus laws’. some of their social effects through people rough sleeping, begging and Policymakers in 1906 noted that other associated street activity. differences in policing practice – not Levels of rough sleeping have increased • The likely effect of repeal on policing. the numbers of vagrants nor the scale However, the Act is still used across substantially during the past decade of populations or areas - determined police force areas in England and and this has been accompanied by • How effective support would involve how many people were subject to the Wales to address these circumstances. an increase in begging prosecutions, better outreach but also a more Act. Although its use is in very gradual The Act’s use has been falling since covered by the Act. nuanced approach to any anti-social decline in the longer term, there have 2014, coinciding with various policy behaviour and crime that is linked to been periodic peaks and troughs, initiatives and the passing of an The evidence says police enforcement rough sleeping and/or begging. depending on wider circumstances. updated anti-social behaviour law. This action against people in this situation Wars, social change, economic overall trend, however, masks a great should be used to link people to support • Legal considerations and why the upheaval, and the gradual emergence deal of variation. Different police forces services and, if needed, housing. Yet, Act might not be suitable for the of professional support services and are using the Act to different degrees. the Vagrancy Act remains in law with present day. the welfare state, have all affected the The main formal use of the Act in the sections 3 and 4 covering begging and peaks and troughs in the Act’s almost past decade has been against begging sleeping rough and other associated • Discussion of the way forward. 200-year history. but prosecutions for all offences in the offences such as ‘being in enclosed Act still happen. premises for an unlawful purpose’. There have been attempts at reform The historical background and repeal, ranging from legal More commonly, however, people on With the Westminster Government of the Act changes in the 1930s, a working the streets report informal use of the committed in its rough sleeping party’s recommendations for the Act (and other enforcement powers) to strategy to review homelessness The origins of the Vagrancy Act pre- Home Office to heavily reform it in the move them on or challenge behaviour legislation, and with Welsh date 1824. It was part of a move at the 1970s, and the ‘End the Vagrancy Act’ without formal caution or arrest. This Government delivering an action time to simplify centuries of existing campaign around 1990. Governments kind of approach antagonises the plan to address rough sleeping, now vagrancy law into one Act. At the time, over the years have partially relaxed people affected, including support is an ideal time to look again at the criminal justice was the main way to the penalties and removed some of and outreach workers and some Vagrancy Act. tackle vagrancy and police increasingly the offences. In the 1990s and early police themselves, because it does became the lead responders. It was 2000s there was a new approach and not address the root causes of the This report looks at a number of areas: driven largely by concerns about coordinated funding that reduced situation. The approaches can also people in poverty who were wandering rough sleeping substantially. In more cause further problems by displacing • The historical background to the Act, the country to make a living. This recent decades ‘anti-social behaviour’ people into more dangerous places particularly the original intent and included soldiers who had returned as a legal and social concept has or riskier activities, and potentially assumptions behind it and the fact from the Napoleonic wars. By 1906, a emerged and started to overlap in drawing people into a criminal justice its use has hit peaks and troughs Departmental Committee noted that some cases with the Act’s offences. system that is not well designed to over time. the Act in most part was a “measure address their needs. simply of repression”2 that increased the The Act has continued to be in force, • The current use and effects of the Act. number of people imprisoned. however, and the consensus among The evidence suggests areas that have historians is that the Act is best developed a multi-agency response understood as a response to poverty to street homelessness, and the 2 UK Parliamentary Papers (1906), Report of the Departmental Committee on Vagrancy, cd 2852, p.8 x Scrap the Act: The case for repealing the Vagrancy Act (1824) Executive summary xi

behaviours associated with it, are the The link between police forces and the community, there is existing good • The remaining offences in the Act areas that rely less on enforcement wider support services is critical to practice to address these individuals' are regulated by more modern activity. putting in place effective responses circumstances including, for example, legislation, including (but not limited to meet the two aims above. There liaison and diversion services and to) the Anti-Social Behaviour, Crime are links between homelessness, programmes to address how police and Policing Act 2014. The likely effect of begging and the trauma that people can better work with vulnerable people. repeal and the effective have experienced, often earlier in life. • Modern legislation sets out powers People who are in the criminal justice Services need to help resolve the causes that authorities (police, criminal alternatives to the Act system, engaged in substance use, of the situation for people and not just justice etc) can use. The modern and accessing homeless services have the signs and symptoms. Government legislation better defines the offences Police forces are under pressure often experienced trauma. Police and policy and the law can help or hinder and their impact; and, when used to respond to concerns from the the criminal justice system are generally contacts between people on the street, appropriately, these powers can community, from businesses, and not the best lead agencies to help support services, and the authorities. more effectively address anti-social from members of the public and people out of these circumstances and This report’s review of the Act’s use behaviour than the Vagrancy Act. to balance the needs and rights of contact with police and criminal justice shows it does not work to resolve the different members of society. What services can lead to further trauma problems it is supposed to address. The legal advice and those working is clear, however, is that when police for the individual if they do not help Drawing on the evidence of what in outreach services agree the 2014 refer people on the street to sources address the root causes. works to end homelessness,5 the report anti-social behaviour legislation is not of help then support services need suggests the two broad approaches without fault. For example, this report to be available to respond in a timely People on the street and outreach/ above would be more effective. considers the increased use of Public way. Enforcement action by police support workers share the view Space Protection Orders, and that (and local authorities) should be rare that the Act and its approaches are some of these prohibit rough sleeping and focused on specific behaviour outdated. As one service manager said: Repeal and legal specifically. This is despite official that causes distress or harm to the considerations guidance that these orders should only community that cannot be dealt with “Enforcement in its current be used where they are proportionate in any other way. format does nothing to If the Act were to be repealed, some to the harm that they are trying empower communities to police force representatives still say to address. There are two broad approaches that they would need reassurance that are needed instead of the Act: resolve issues, build awareness they could address criminality and However, when correctly applied, the of responsibility or recognise persistent behaviours that cause harm legal advice to Crisis says, the anti- 1. Support and outreach services need collective skills and expertise. to the community. social behaviour (and other modern to be scaled up across England It further stigmatises the legislation) is more suitable and more and Wales to help quickly link more homeless community as they Other countries that previously had accurately reflects the needs of the people who are rough sleeping remain external to discussions vagrancy laws have repealed them. present day. In particular, the 2014 Act and/or begging to support (and In Scotland, for example, begging includes the impact of behaviour on making sure someone is in safe and meaningful change. and sleeping rough are not offences the wider community, which is totally and stable housing). Better use of Current use of enforcement is in themselves. However, where there absent from the Vagrancy Act. this approach could result in fewer fear based, further traumatising is separate and additional anti-social people coming into contact with individuals for whom life is behaviour alongside begging or police and criminal justice services complex enough.”3 sleeping rough, this is covered by The way forward in the first place. more up to date legislation. Such an A different approach is needed that approach could apply in England and The report considers whether to retain, 2. To address anti-social behaviour looks to resolve the root causes of the Wales too. reform or repeal the Act. It concludes linked to rough sleeping and/or situation for people and not just the that repeal - possibly combined with begging, there is a need for more signs and symptoms of it. Most people Crisis sought legal opinion to gauge reform of other legislation as necessary trauma-informed approaches sleeping rough require swift action to how suitable the Act is for addressing - would be the ideal way forward. from police and criminal justice help them from the street, involving rough sleeping, begging and the services that take into account what street outreach services that link Act’s other offences. The full advice While the numbers of people currently has happened to people who are people into suitable accommodation is reproduced in Appendix 2 and prosecuted under the Act is relatively currently on the streets. This report and support.4 For the smaller number discussed in the report but the advice small, and policy initiatives have made outlines some examples of current of people who have committed considers the Act to be “obsolete” progress in recent years to reduce practice in this area. offences that cause genuine harm to because:6 the Act's use, the strong lesson from

3 Comments shared with Crisis by St Mungo's outreach staff 5 Mackie, P., Johnsen, S. and Wood, J. (2017), Ending rough sleeping: what works? An international evidence 4 Mackie, P., Johnsen, S. and Wood, J. (2017), Ending rough sleeping: what works? An international evidence review. London: Crisis. review. London: Crisis. 6 Schwarz, M. (2019) Crisis and alternatives to the Vagrancy Act 1824, paras 26-31 xii Scrap the Act: The case for repealing the Vagrancy Act (1824) Executive summary xiii

the Act’s history is that it can fall Repealing the Act is a timely and useful Conclusion dramatically but then return to use as step towards a better response to the circumstances change. There is also challenges of street homelessness and People who are rough sleeping and/ strong evidence that the vast majority begging. Criminality that causes harm or begging have quite straightforward of all enforcement action is informal, and distress needs to be addressed but asks that chime with those of wider that is not resulting in formal action any behaviour that society would wish society, such as to be shown respect, such as arrest. to criminalise is covered adequately by to have the basic human needs for more modern legislation. This newer housing and support met, and to Repeal of the Act would remove the legislation requires that the impact of have opportunities to work, sort out legal route to criminalise people just the behaviour on others is a material money problems and be in stable for sleeping rough and/or begging, and factor, so that rough sleeping and relationships.7 Likewise, wider society for the other offences under the Act. It begging would not be considered has an interest in making sure that would also make clear that addressing offences in themselves. every person has a stable home and the these activities is not primarily a police support they need to rebuild their lives. response; they are a matter for wider Police forces should have the most support services. effective powers available in order The Vagrancy Act does nothing to to carry out their roles. During the help bring about these changes. It Now is an ideal time to look again at Crisis roundtable on repealing the does not tackle the problems people the Act, which is why reform or repeal Vagrancy Act there was discussion have, and there is evidence that it should be considered. There are about whether there might be any can also push people further from commonly identified shortcomings of further changes to existing legislation the help they need. Where long-term the Act, including how outdated the to ensure police had all the necessary street homelessness risks harm and approaches in it are; how ineffective powers to be able to manage distress to the wider community, this it is at addressing the root causes of aggressive begging that has an anti- needs to be addressed carefully and the behaviours it criminalises; and that social effect and some of the wider with a flexible, patient and assertive it does not factor in the community uses of offences like ‘being in enclosed approach that is mindful of the trauma impact of the behaviour nor the premises for an unlawful purpose’. that people in this situation have motives of the individual whose Such changes to existing legislation experienced. Where genuinely anti- behaviour needs addressing. could be factored into a repeal Bill, social behaviour is taking place, this provided they reflect the principles should be dealt with and enforcement In making any change to the Vagrancy set out in this report and the policy plays a crucial role, alongside offers Act, England and Wales would and practice approach of having of housing and support for those merely be following Scotland’s legal enforcement action as rare and leading who need it. Of course, where and policing approach. In Scotland to support, when other options have people are engaged in genuine crime rough sleeping and begging are in failed or will not work. such as drug dealing, harassment themselves not crimes and anti-social or intimidation, this should be taken behaviour is addressed through better seriously and dealt with by the police. support and reliance on more up to The time has come to scrap the Act. date legislation.

7 See, for example, Glasgow Homeless Network’s research quoted in Johnsen, S. (2016), Enforcement and interventionist responses to rough sleeping and begging: opportunities, challenges and dilemmas, ESRC xiv Scrap the Act: The case for repealing the Vagrancy Act (1824) Executive summary xv

“I was already on the streets, "I’m a plasterer by trade. Never survive without being a criminal. and then they fined me. been to jail, but four years It’s either that (begging) or go ago I went to rehab for heroin out and rob because you’re You just felt like a statistic.” addiction. I got through it but desperate. afterwards I relapsed and ended up just hurting everybody. That’s I nearly died on the streets after Shaun, Blackpool when I ended up on the streets. that. My legs were rotten. Six months ago, I went to hospital About eight months ago, I was and they told me I nearly begging, and the police kept had septicemia, but they also coming over to me and asking released me straight back onto me to move. They didn’t tell the streets with no fixed abode. me anywhere to go and get Apparently, they weren’t allowed help. They just moved you. I got to do that. moved a couple of times and then they issued me a letter with About a week later that’s when a court date. I missed the first I met [an outreach worker for date because I was still on the a local volunteer charity] who streets and not thinking straight. helped get me housed. Once Then I was asleep in a doorway I was off the streets, I got on a and they came and arrested me methadone script and I’ve been at two o’clock in the morning. clean for four months now. I was in court the next day. I’m also building my plastering business up again and getting The court fined me £150. The back in touch with my family. My term they used in court was, only support came from them. ‘Gathering money for alms.’ The Vagrancy Act didn’t help Afterwards I was just sent on my me at all. I was already on the merry way. The courts didn’t tell streets, and then they fined me. me anywhere to go to try and You just felt like a statistic.” get support. Nothing like that. Shaun, Blackpool The fine comes out of my benefits. That just makes it even harder. I had about £90 to last me a month. It’s not right. It didn’t deter me from begging. I was straight back out again. The same place. I was just trying to 1 Scrap the Act: The case for repealing the Vagrancy Act (1824) Rough sleeping and enforcement 2

support approach, which responds to like legal penalties or sanctions and Chapter 1: local housing markets and the needs informal measures like being moved of the individual who is sleeping rough, on, or ‘defensive architecture’ that is the best approach.14 prevents people from settling or bedding down. Places in both England and Wales have increased their use of Rough sleeping enforcement in recent years, with 7 out of 10 local authorities using some form of enforcement activity against people who are street homeless, and enforcement according to Crisis research.16 The research also found local authorities intended to make more use of anti- social behaviour powers and a fifth (18%) were intending to use further in England and 17 ‘defensive architecture’.

The rough sleeping strategy for Wales today England has acknowledged that: “Those who find themselves sleeping rough are some of People sleeping rough experience the most extreme and the most vulnerable in society visible form of homelessness. Across England and Wales, and we are clear that people levels of rough sleeping have increased substantially during who sleep rough should not be the past decade, with official figures showing a 165 per cent discriminated against.” 18 increase in England from 2010 to 20188 and an increase of around 45 per cent in Wales from 2015 to 2018.9 It recommended, on the basis of advice from an advisory group, that a wider review of rough sleeping and People who are rough sleeping are with an aim to eradicate rough sleeping homelessness legislation is carried almost 17 times more likely to be by 2027.12 Welsh Government has a out during 2019 and early 2020 and victims of violence and 15 times more rough sleeping action plan.13 Yet, it that the review includes the Vagrancy likely to have suffered verbal abuse remains a very live problem for society. 7 out of 10 Act that is in force across England compared to the general public.10 and Wales. local authorities use some form of Between 2012 and 2017 the number The latest evidence from across the enforcement activity against people of people who died while homeless UK and internationally shows that, While there may be some who are street homeless, according in England and Wales increased by in cases where people are forced disagreement among stakeholders to Crisis research. almost a quarter (24%).11 to sleep rough, the best response is on the use of enforcement measures, for swift action to help people away there is a consensus that urgent action Various governments have tried from the street, involving outreach ‘Enforcement’ includes actions by local is needed to address the root causes to reduce rough sleeping and the services that link a person to suitable authorities, police and other agencies of all forms of homelessness and Westminster Government has a rough accommodation and support. The to address activities that take place begging, and all agree that preventing sleeping strategy, primarily for England, evidence shows that a person-centred on the street and are “sometimes people from being in these situations associated with sleeping rough.”15 in the first place is the most desirable 8 Fitzpatrick, S., Pawson, H., Bramley, G., Wood, J., Watts, B., Stephens, M. and Blenkinsopp, J. (2019), The They can include formal measures and effective approach.19 Homelessness Monitor: England 2019. London: Crisis, p. 62 9 Welsh Government (2019), National rough sleeping count (two-week estimate), published 21 March 2016 and 5 February 2019. See full releases for more detail due to methodology changes that came into force 14 Mackie, P, Johnsen, S and Wood, J (2017), Ending rough sleeping: what works? London: Crisis. in 2015. 15 Johnsen, S. and Fitzpatrick, S. (2007), The impact of enforcement on street users in England. York: 10 Sanders, B. and Albanese, F. (2016), “It’s no life at all”- Rough sleepers’ experiences of violence and abuse Joseph Rowntree Foundation, p.viii on the streets of England and Wales. London: Crisis. 16 Sanders, B. and Albanese, F. (2017), An examination of the scale and impact of enforcement interventions 11 Office for National Statistics (2018), Deaths of homeless people in England and Wales: 2013 to 2017. on street homeless people in England and Wales. London: Crisis. 12 Ministry of Housing, Communities & Local Government (2018), Rough Sleeping Strategy, https://www. 17 Ibid. p.19 gov.uk/government/publications/the-rough-sleeping-strategy, accessed 14 February 2019 18 Ministry of Housing, Communities and Local Government (2018), Rough Sleeping Strategy, p.29 13 Welsh Government (2018), Rough Sleeping Action Plan, https://gov.wales/docs/desh/ 19 Johnsen, S (2016), Enforcement and interventionist responses to rough sleeping and begging: publications/180206-rough-sleeping-action-plan-en.pdf, accessed 14 February 2019 opportunities, challenges and dilemmas. ESRC, p.6 3 Scrap the Act: The case for repealing the Vagrancy Act (1824) The historical background to the Vagrancy Act 4

Vagrancy Act • There is also an offence for ‘being in offences today enclosed premises for an unlawful Chapter 2: purpose’, which is used, for example, The Vagrancy Act 1824 (the Act) when dealing with people suspected remains in law across England and of burglary when apprehended Wales and is still in use today. As a by the police. However, it is also long-standing piece of legislation, sometimes used to challenge people The historical the Act has been subject to a number who are sleeping rough. of amendments but, as it stands, has two main sections that police The Act and the principles contained can use against people suspected within it, are a product of a very 20 background to of offences: different age, yet it still informs the response to rough sleeping and Section 3 of the Act: begging to the present day. the Vagrancy Act • Begging and persistent begging are prohibited - ‘Every person wandering abroad, or placing himself or herself in any public place, street, highway, This chapter examines the roots of the Vagrancy Act and court, or passage, to beg or gather concludes that the Act is not simply old, but is based on a alms’. totally different set of challenges and assumptions to the • It is a recordable offence and the present day and different attitudes and values about how to maximum sentence is currently a tackle visible poverty. It looks at how the Act has persisted fine at level 3 of the standard scale over decades and centuries, falling into and out of use, yet still (currently up to £1,000).21 remaining in law into the present day, where it continues to Section 4 of the Act: criminalise people who are rough sleeping or begging.

• ‘Sleeping out’ or rough sleeping is defined as: ‘Wandering abroad and Three centuries of passing of vagrants [the system of lodging in any barn or outhouse, law-making led to the returning vagrants to parishes where or in any deserted or unoccupied they claimed settlement]”.24 building, or in the open air, or under Vagrancy Act a tent, or in any cart or wagon, The Act was a measure aimed at and not giving a good account of The origins of the Vagrancy Act go “enforcing ideals of independence, himself’. An amendment in 1935 back even further than 1824. It was work and family responsibility”25 provided that people could only be “part of the contemporary codification, and set out categories of ‘idle and arrested if there is a shelter nearby rationalisation and reform of the disorderly persons’, ‘rogues and that can be accessed or if they have criminal law” and was a response vagabonds’ and ‘incorrigible rogues’. been offered a shelter and still sleep to concerns about an increase in All of these were first established on the street.22 visible poverty at the time.23 Three by legislation in the 1730s.26 Yet this years before the Act came into law, approach had even deeper roots in a Parliamentary Select Committee measures from the early 1600s, which recommended a new law to bring set out different categories of people together existing laws dating back deserving of sympathy and those centuries and to make provision for undeserving.27 the “apprehension, punishment, and

23 Charlesworth, L (2006), ‘Readings of Begging: The Legal Response to Begging considered in its Modern and Historical Context, Nottingham Law Journal, 15, 1, pp.2-12 24 UK Parliamentary papers (1821), Report from the Select Committee on The Existing Laws Relating to Vagrants, p.6 20 Sanders, B. and Albanese, F (2017), An examination of the scale and impact of enforcement interventions 25 David Jones quoted in Humphreys, R. (1999), No fixed abode: a history of responses to the roofless and on street homeless people in England and Wales. London: Crisis, p.4 the rootless in Britain. Basingstoke: Macmillan, p.81 21 House of Commons Library (2018), Briefing paper - Rough Sleepers and Anti-Social Behaviour (England), p.1 26 Vagrants Act 1739, 13 George II, ch. 24; 22 Vagrancy Act 1935, section 1(3) 27 Act for the Relief of the Poor 1601 5 Scrap the Act: The case for repealing the Vagrancy Act (1824) The historical background to the Vagrancy Act 6

The ‘class’ to which someone was In the report’s meeting transcripts There were misgivings at the time. Though use of the Act has been in deemed to belong determined how almost every witness faced questions William Wilberforce, the leader of the very gradual decline in the longer they were treated. Men found guilty about their views on whether further anti-slavery movement, is said to have term, there have been periodic peaks of being ‘rogues and vagabonds’, for punishments would work, including argued it was a catch-all and did not and troughs in its use depending on example, were not to be whipped, but hard labour,31 working on a mill,32 address individuals’ circumstances.38 circumstances.41 Following the Act’s in general ‘incorrigible rogues’ were.28 longer jail terms, and being “privately The average number of prosecutions establishment there were growing ‘Rogues and vagabonds’ included a whipped with wholesome severity”.33 in England and Wales for sleeping out numbers of recorded 'vagrants' from broad range of people deemed to be The committee recommended “more during 1859-1863 was 3,621. This rose the 1850s with rapid increases from socially outcast in some way, including extended periods of imprisonment” in the following years and by 1899- 1880 until the early 20th century. In “players of [musical] interludes under an additional sentence of hard 1903 it was 9,003. However, as is the 1909 a Royal Commission found that unauthorized”, those “without property, labour. 34 Within a decade of the Act’s case today, there was considerable vagrancy levels had increased tenfold idle, and refusing to work”; fortune passage into law, the sanctions and variation in which areas used the Act. over 60 years, despite a general tellers; illegal lottery ticket dealers; and punishment became more formalised, The Departmental Committee report decline in poverty.42 Prosecutions unlicensed pedlars. through a system of centrally (1906) said the variation happened under sections 3 and 4 of the Act grew organised workhouses that the because of differences in police and peaked at an annual average of New Poor Law 1834 created. enforcement practice and not because almost 39,000.43 As Crowson observes, ‘A measure simply of of the different sizes of the areas or only the outbreak of the First World repression’ populations nor the actual numbers War brought about a reduction in The extraordinary survival of ‘vagrants’.39 numbers.44 Lawmakers in 1821 recommended of the Act a new Vagrancy Act because they By the early 1900s politicians still Fears about economic instability and thought punishments at the time were In the Act’s era, social and political did not believe that the system political violence between the two too soft. A Departmental Committee anxieties had long focused on the was working. As the Departmental world wars correlate with a rise in noted in 1906 that in general “the idea that travelling poor people were a Committee (1906) report said: the Act’s use and a new Vagrancy Act Act of 1824 was a measure simply of threat to social order and the Act was (1935) amended the original law in repression”. It judged the Act to have one way to deal with this. Crowson “We are convinced that the relation to “sleeping out” to make the been “certainly effective” because the observes that the “wording of the present system neither deters offence more specific.45 In the decades number of vagrants imprisoned nearly legislation was sufficiently vague as to the vagrant nor affords any that followed, the Act’s use fell, doubled to almost 16,000 between make it a very flexible tool that could particularly as the welfare state started 1825 and 1832.29 be applied when other forms of legal means of reclaiming him, and to formalise after the Second World recourse were unenforceable”.35 For we are unanimously of opinion War. The end of the Second World War The Parliamentary report (1821) said example, the increase in “Irish and that a thorough reform is did not see the mass of veterans seen those sent to prison were not being Scotch [sic] vagrants” wandering in necessary. Briefly, the object of wandering after previous wars. This punished enough: England and Wales in the 1820s was the scheme which we propose was due to a combination of relative 36 a source of concern at the time, is to place the vagrant more economic stability; extra support for “The threat of commitment as were soldiers returning from the travelling people who were outside the Napoleonic wars.37 This is reflected under the control of the police, National Insurance scheme; improved has lost its terror. The vagrant to help the bona fide wayfarer, himself, so far from shrinking, in the Act’s wording, with references job prospects; and Government in section 4 to people “wandering and to provide a means of commitments to new housebuilding.46 throws himself in the way of it, abroad” and trying to beg “by the detaining the habitual vagrant is apparently solicitous for it, exposure of wounds or deformities”. under reformatory influences.”40 and in fact steps forward as a volunteer for a prison.”30

28 UK Parliamentary Papers (1821), Report from the Select Committee on The Existing Laws Relating to Vagrants, pp.1-6 38 Hansard, HC 29 January 2019, Volume 653, Column 793 29 UK Parliamentary Papers (1906), Report of the Departmental Committee on Vagrancy, cd 2852, p.8 39 UK Parliamentary Papers (1906), Report of the Departmental Committee on Vagrancy, cd 2852, p.102 30 UK Parliamentary Papers (1821), Report from the Select Committee on The Existing Laws Relating to 40 Ibid. p.1 Vagrants, p.4 41 Lawrence, P (2017), ‘The Vagrancy Act (1824) and the Persistence of Pre-emptive Policing in England 31 Ibid. p.24 since 1750’, British Journal of Criminology, Volume 57, Issue 3, 1 May 2017. 32 Ibid. p.51 42 Royal Commission on the Poor Laws and the Relief of Distress (1909). London. p. 572 33 Ibid. pp.88-89 43 Ibid. vol. 1, chapter 2; and Judicial Statistics England and Wales 1909 (1911), Cmd 5473; Home 34 Ibid. p.4 Office, Criminal Statistics England and Wales 1924 (London, 1926), Cmd. 2602. 35 Crowson, N (forthcoming), Tramps’ Tales: discovering the life stories of Late Victorian and Edwardian 44 Crowson, N (forthcoming), Tramps’ Tales: discovering the life stories of Late Victorian and Edwardian Vagrants, English Historical Review Vagrants, English Historical Review 36 UK Parliamentary Papers (1821), Report from the Select Committee on The Existing Laws Relating to 45 Vagrancy Act (1935), section 1(3) Vagrants, p.30 46 Humphreys, R. (1999), No fixed abode: a history of responses to the roofless and the rootless in Britain. 37 Jones, G (1969), History of the Law of Charity 1532-1827, Cambridge: Cambridge University Press Basingstoke: Macmillan, p.140 7 Scrap the Act: The case for repealing the Vagrancy Act (1824) The historical background to the Vagrancy Act 8

But the Act remained and began to be agreed that those peaks Wide range of uses indiscriminately against whole groups to be used again in the 1960s. The in vagrancy prosecutions do for the Act of people - particularly young black moral tone of discussions about not mark peaks in original sin, men - to deter suspected criminals homelessness continued, with some which is not that much of a Over the years, the Act has been from operating in an area.62 A Home people attributing rising homelessness variable. They mark periods amended with new offences, such Affairs Select Committee (1980) report to reasons that included “a fashionable as, wilfully exposing obscene prints concluded that there was definite willingness to accept ‘unmarried of exceptionally poor social or indecent pictures in shop windows confusion and poor communication mothers’” and an increased divorce conditions. The variable relates (1838), gambling and playing dice in between police and suspects. It rate.47 Around this time there were to the degree of poverty the streets (1875); and pimping and said some police were mistakenly further changes with the release of and unemployment and the living on earnings of prostitution or deliberately misusing Section 4 the film Cathy Come Home (1966 with adequacy of relief.”51 (1898). There are also cases of the to carry out or threaten to carry out a repeat in 1967) and greater social Act’s use against gay men.57 a ‘stop and search’ of people they awareness of homelessness. The Under Westminster governments in suspected.63 concept of vagrancy declined but was the 1990s and early 2000s there was The Departmental Committee still present, as its official use in the new funding for support and outreach (1906) said: In 2014, a notable use of the Act Home Office’s Working Party Report services through the Rough Sleepers involved three men who were arrested on Vagrancy and Street Offences Initiative – and improved data and “The term “vagrant” is a very and charged for ‘being in enclosed (1976) showed.48 outcomes for reducing levels of rough elastic one and, as ordinarily premises for an unlawful purpose’ 52 sleeping. The Rough Sleepers Unit used, no precise meaning can for taking food from bins outside an In the 1980s, legislation relaxed the reduced rough sleeping in England by 58 Iceland supermarket in north London. punishments for offences under two-thirds between 1999 and 2002.53 be attached to it.” The men, who had no fixed address, sections 3 and 4 of the Vagrancy had allegedly taken vegetables, cheese Act.49 However, this did not lead to a With the New Labour administration The same committee also observed and cakes from waste containers reduction in the Act’s use, and by the under Tony Blair, there was a focus that later amendments to the Act behind the shop. Their case was early 1990s it was rising again.50 As Earl on ‘zero tolerance’ policing,54 and criminalised a wider range of actions dropped as it was later deemed to be Russell said in a Parliamentary debate there were also concerns that, in and “in this way many offenders who ‘not in the public interest’ to pursue in 1990 about possible repeal of Blair’s words, “rough sleeping can are in no sense of the word vagrants it. Representations from the Iceland the Act: blight areas and damage business and have been brought under the laws company were a key part in the tourism”.55 During the New Labour relating to vagrancy.”59 decision, according to prosecutors,64 “There has been a cyclical years the term ‘anti-social behaviour’ and outcry on social media also played pattern in the enforcement took on a political, policy and legal The loose definition made precise a part, according to the lawyer who 65 of vagrancy laws over definition linked to controlling types estimates of how many vagrants there represented the men. of behaviour. Its use has evolved were difficult. The Departmental the centuries. The rise in over time and it is now in force in Committee (1906) said somewhere Professor Nick Crowson told the Crisis prosecutions that we have an amended form in the Anti-social between 30,000 and 40,000 at any roundtable discussion on the Act: seen between 1988 and 1989 Behaviour, Crime and Policing Act given time and 70,000-80,000 in is the umpteenth of many. 2014.56 The Vagrancy Act, however, times of economic depression.60 “Consensus has emerged Historians as a profession do has remained in place throughout. amongst historians who say, not agree about much, but In the 1970s, black and minority ethnic young people were particularly subject really, what’s going on here with looking at previous occasions to the police’s use of section 4 of the the changes to the Vagrancy in other centuries they seem Act, the so-called ‘sus’ laws.61 There Acts and the various statutes were community concerns at the that exist during this time is 47 Ibid. p.150 time that police were using the Act that this is a response to the 48 See also National Assistance Board (1966), Single Homeless Person. London. 49 Criminal Justice Act 1982 50 Humphreys, R. (1999), No fixed abode: a history of responses to the roofless and the rootless in Britain. 57 Houlbrook, M. (2005), Queer London: Perils and Pleasures of the Sexual Metropolis. London: University Basingstoke: Macmillan, p.8 of Chicago Press 51 HL Deb 11 Dec 1990 vol 524, c 480 58 UK Parliamentary Papers (1906), Report of the Departmental Committee on Vagrancy, cd 2852, p.24 52 Ilott, O., Randell, J., Bleasdale, A. and Noble, E. (2016), Making Policy Stick. Tackling long-term challenges 59 Ibid. p.7 in government. London: Institute for Government 60 Ibid. p.22 53 Downie, M., Gousy, H., Basran, J., Jacob, R., Rowe, S., Hancock, C., Albanese, F., Pritchard, R., 61 Lawrence, P. (2017), ‘The Vagrancy Act (1824) and the Persistence of Pre-emptive Policing in England Nightingale, K. and Davies, T. (2018), Everybody In: How to end homelessness in Great Britain. London: since 1750’, British Journal of Criminology, Volume 57, Issue 3, 1 May 2017, p.526 Crisis, p.33 62 Demuth, C. (1978), ‘Sus’: a Report on the Vagrancy Act. London: Runnymede Trust, p.53 54 Humphreys, R. (1999), No fixed abode: a history of responses to the roofless and the rootless in Britain. 63 Home Affairs Select Committee (1980), Race Relations and the ‘Sus’ Law, 1979-80 session, 21 April 1980. Basingstoke: Macmillan, p.165 London: HMSO, p.vii 55 Social Exclusion Unit (1998), Report to Parliament - Rough Sleeping, Cm 4008, p.7 64 BBC News online (2014), Iceland food bin theft case dropped by CPS, 29 January 2014; accessed 14 56 Grimshaw, R and Ford, M (2017), Briefing 20 - Rough sleeping: enforcement and austerity. Centre for February 2019 Crime and Justice Studies. 65 Comments to the Crisis roundtable on the Vagrancy Act, 24 April 2019 9 Scrap the Act: The case for repealing the Vagrancy Act (1824) The evidence of how and why it is used today 10

growing sense of poverty and the perceived threat that these Chapter 3: wayfarers present to society.”66

Conclusion The evidence of The Act’s enduring history shows a piece of legislation formed at a time when the approach to people in how and why it is difficult circumstances and deemed socially outcast was overwhelmingly punitive and led by criminal justice concerns. It strengthened and brought used today together measures to be used against people begging or rough sleeping – or rather the class of people called ‘vagrants’. This chapter presents evidence67 about the contemporary use of the Act by police and considers the potential impact Use of the Act has fluctuated over of repealing the Act on policing. Modern policing and society time. While the Act’s use has gradually declined in the longer term it has has changed to a very large extent since the Act was passed, also reached peaks when there were so is it a help or a hindrance to current policing? particular social concerns, and troughs whenever there was concerted pushback and concerns about its “The basic mission for which came into force, during the same overreaching approach. Different police exist is to prevent crime decade as Sir Robert Peel drafted his political and policy responses, such and disorder as an alternative law enforcement principles. Research as the expansion of the welfare state into current public attitudes towards and the availability of support services, to the repression of crime and the police finds: have also made a difference. The next disorder by military force and chapter looks at current use of the Act. severity of legal punishment.” “There is no simple template Principles of Law Enforcement (1829) that the police can follow to by Sir Robert Peel, founder of the ensure public acceptability. Metropolitan Police68 There is no stable constituency who approve of what they do, nor a hard core of those who Changing nature of disapprove.”69 policing and dealing Effective policing also now includes a with trauma greater focus on positive relationships and communication, more emphasis Modern policing has changed on the interests of victims of crime, immensely over the nearly two and working with a wider range of centuries since the Vagrancy Act

67 Evidence in this chapter includes quotes from the Crisis roundtable discussion and data from published reports, datasets, and Parliamentary proceedings and papers. Some were obtained through the Freedom of Information process. Sources included the UK Ministry of Justice, individual police forces across England and Wales, and the relevant housing departments of the Westminster and Welsh governments. Professor Nick Crowson kindly shared historical data with Crisis. 68 Durham Police (1829), Sir Robert Peel’s Principles of Law Enforcement, https://www.durham.police.uk/ about-us/documents/peels_principles_of_law_enforcement.pdf, accessed 13 March 2019 69 Waddington, P. A. J. (2017), Public attitudes to the police. OUP blog https://blog.oup.com/2017/04/ 66 Comments to the Crisis roundtable on the Vagrancy Act, 24 April 2019 public-attitudes-police/, accessed 5 April 2019 11 Scrap the Act: The case for repealing the Vagrancy Act (1824) The evidence of how and why it is used today 12

partners such as health services, from support services, use of the Act • Over time with peaks and troughs As the previous chapter considered, charities, and local authorities.70 does nothing to resolve the problems in the use of the Act overall. the use of the Act has changed over that people affected by it experience. time and not followed a clear and The legal picture in England and Wales Yet there are still expectations that • And between the different offences consistent pattern. While informal has also changed. In contrast to the police should address these issues. As in the Act and the stages of enforcement is much more likely than years when the Act was passed, for a review of policing and health joint enforcement used (e.g. informal, arrest, formal measures there is value to example, officers now need to be work said: prosecution and criminal penalty). looking at the formal data. much more mindful of a variety of legislation relevant to working with “Models of policing are Previous Crisis research across local Prosecutions people on the street, including: designed to tackle crime, yet authorities in England and Wales Combined Vagrancy Act prosecutions the majority of demand is about found that use of section 4 of the Act between 2008 and 2018 for begging, • Human rights principles and law, is uneven between different areas.74 ‘being found in enclosed premises which the College of Policing says vulnerability. This impacts on Other research work has also found this for an unlawful purpose’ and sleeping “underpin every area of police work”71 local policing, as although the trend in use of section 4.75 In 2018, for out almost halved over the ten years, and can involve difficult decisions police may not always be the example, 16 per cent of police force areas with one notable spike around 2012 to where the rights of suspected best professionals to deal with in England and Wales saw convictions 2014. This ten-year trend was driven offenders and the rights of property the situation, they are the ones for the ‘sleeping out’ offence.76 mainly by begging prosecutions, which owners seem to be in conflict. who are called.”73 have constituted the majority of total The reasons for variation in enforcement prosecutions in each given year (see • Disability equality (which includes action are not clear, but the Crisis research Table 1 and graphs below).78 mental health problems) and the Formal enforcement found the levels of resourcing and reasonable adjustments needed to of the Act varies experience seemed to be a factor. It said: Graphs: Vagrancy Act prosecutions work inclusively with all members of in England and Wales, 2008-2018 the community. While the nature of policing has “A lack of resources meant The following graphs show changed immensely, the Vagrancy Act enforcement was sometimes prosecutions under the Act across • Vulnerability and how different has, of course, remained in use. The used by local authorities England and Wales for every year individuals respond in varying formal use of the Act – particularly to from 2008 to 2018, shown in total ways to police based on their past prosecute people – has been falling without the appropriate support and by the principal three offences experiences. in the past few years. However, the in place. In those areas with of begging, sleeping out and being history of the Vagrancy Act suggests more resources and experience, in an enclosed premises for an All of this implies a different way this trend could reverse and its use enforcement could be unlawful purpose. of working for police and suggests could increase again in the future. embedded with a multi-agency cooperation with support services to service offer of last resort.”77 help someone away from the street The current figures suggest it is and into a stable life. The National not being employed as an effective Police Chiefs Council’s strategy states: strategy to tackle rough sleeping, given Table 1: Vagrancy Act prosecutions (cases proceeded against) in England that rough sleeping levels have risen and Wales, 2008-2018 “By 2025 local policing will be while use of the Act against ‘sleeping 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 aligned, and where appropriate out’ has fallen. The most recent fall in integrated, with other local overall use of the Act coincides with Begging 1,328 1,428 1,776 1,296 1,229 2,097 2,219 1,827 1,461 1,025 1,144 the introduction of 2014 Anti-social public services to improve Sleeping out 30 20 50 29 21 30 23 23 30 8 11 Behaviour, Crime and Policing Act and Being found 864 721 940 1,021 779 581 520 350 255 207 165 outcomes for citizens and other policy and practice initiatives. in enclosed 72 protect the vulnerable.” premises The Act’s use varies: TOTAL 2,222 2,169 2,766 2,346 2,029 2,708 2,762 2,200 1,746 1,240 1,320 As this report previous considered, evidence about the impact of • Between different geographic areas. enforcement shows that, in isolation Source: Ministry of Justice (2019), Prosecutions and convictions data tool

74 Sanders, B., and Albanese, F. (2017), An examination of the scale and impact of enforcement 70 College of Policing, Engagement and communication, https://www.app.college.police.uk/app-content/ interventions on street homeless people in England and Wales, London: Crisis, p.15. Note that engagement-and-communication/?s=, accessed 15 March 2019 approximately another third of areas asked either did not respond or did not hold the data. 71 College of Policing, Core planning principles, https://www.app.college.police.uk/app-content/ 75 Grimshaw, R. and Ford, M. (2017), Briefing 20 - Rough sleeping: enforcement and austerity. Centre for operations/operational-planning/core-principles/; accessed 26 March 2019 Crime and Justice Studies, p.4 72 National Police Chiefs Council (2016), Policing Vision 2025, https://www.npcc.police.uk/documents/ 76 Ministry of Justice (2019), Court outcomes by police force area in 2018 Policing%20Vision.pdf; accessed 20 March 2019 77 Sanders, B., and Albanese, F. (2017), An examination of the scale and impact of enforcement 73 Public Health England (2018), Policing and Health Collaboration in England and Wales, London: Public interventions on street homeless people in England and Wales, London: Crisis, p. 34 Health England, p.27 78 Ministry of Justice (2019), Prosecutions and convictions data tool 13 Scrap the Act: The case for repealing the Vagrancy Act (1824) The evidence of how and why it is used today 14 Vagrancy Act o ences (total of the three o ences) Sleeping out Graph 1a3,000 Graph 1c 60 2,500 Vagrancy Act o ences (total of the three o ences) Sleeping out 50 2,000 3,000 60 40 1,500 2,500 50 30 1,000 2,000 40 20 500 Number of cases proceeded 1,500 30 10 0 Number of cases proceeded 1,000 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 20 0 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 500

Number of cases proceeded 10 Number of cases proceeded

0 0 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018

Graph 1b Graph 1d

Begging Being in enclosed premises for an unlawful purpose

2,500 1,200 Being in enclosed premises for an unlawful purpose Begging 1,000 2,000 1,200 800 2,500 1,500 1,000 600 2,000 1,000 800 400 1,500 500 600 200 Number of cases proceeded Number of cases proceeded 1,000 400 0 0 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 200

500 Number of cases proceeded Number of cases proceeded 0 0 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 15 Scrap the Act: The case for repealing the Vagrancy Act (1824) The evidence of how and why it is used today 16

Begging is the most prosecuted primary tool nor effective for dealing Graph 2: Prosecutions under the Act compared with rough sleeping levels offence under the Act, with a level of with rough sleeping at the moment between 1,000-1,300 prosecutions at (see Graph 2). the beginning and end of the recent Vagrancy Act 1824 - Prosecutions and Rough Sleeping Count decade. While this represents a low in The police force areas with the highest more recent terms, it has fluctuated levels of convictions under the Act over time.79 In the late 1980s and overall in 2018 were the Metropolitan 5,000 early 1990s the figures were around Police, Merseyside, Greater 1,500 per year.80 The current level of Manchester, West Yorkshire, and 4,000 begging prosecutions is on a par with South Wales.85 the early 1970s and the early 1980s but it is much higher now than in Arrests 3,000 earlier decades, such as the 1950s There are, of course, more arrests and 1960s.81 than prosecutions, but the rate of people arrested and then actually 2,000 Prosecutions for ‘sleeping out’ are low, being charged varies. Data on arrests with only 11 in 2018, but there was from existing Freedom of Information a peak in 2010, when there were 50 requests do not give enough data for 1,000 Number of people/cases prosecutions.82 They were last at this an accurate England and Wales figure approximate level during the mid- to for arrests under the Act. late-1980s (there were 9 prosecutions 0 in 1986, 14 in 1987 and 13 in 1988, Data from 2015-2016 for police forces 2013 2014 2015 2016 2017 2018 and 24 in 1989). Use of the Act was in London and Greater Manchester and continues to be uneven, however. suggest that at least half of people Rough Sleeping Count in England In 1989 specifically, for example, half arrested (and sometimes more) are of sleeping out prosecutions were in charged for an offence under the Act. Total Proceeded under Vagrancy Act London and there were no recorded West Yorkshire Police charged about prosecutions in Wales.83 40 per cent of people arrested in 2015.86 In line with the prosecutions Prosecutions for ‘being found in data, the police force areas that Table 2: Percentage of cases in which a person is found guilty in prosecutions enclosed premises for an unlawful use the Act most tend to do so for (cases proceeded against) and guilty cases that result in fines, 2008-18 purpose’ were at 165 in 2018, but also ‘begging in a public place’ most peaked most recently around 2011 at commonly and then ‘being found in just over 1,000. enclosed premises for an unlawful Begging Sleeping out Enclosed purpose’ and occasionally ‘sleeping premises While rough sleeping increased out’.87 Convicted under 84% 67% 78% significantly between 2014 and 2018, the Act rising by 70 per cent in England,84 Penalties Convicted and 56% 49% 26% prosecutions under the Act declined. Table 2 shows the total data covering fined This suggests that the Act is neither a 2008-2018. It looks at the percentage Source: Ministry of Justice (2019), Criminal Justice Statistics

79 All historical data in this chapter kindly provided by Professor Nick Crowson 80 Home Office, Criminal Statistics England and Wales annually 1970-1980 (London, various) and Hansard: HC Debs 1980-1992 of cases proceeded against, where Other penalties listed in the Ministry 81 Home Office (1953), Criminal Statistics England and Wales 1952. London, Cm 8941; Home Office (1959), cases were found guilty, and also the of Justice data include conditional or Criminal Statistics England and Wales 1958. London, Cm 803; Home Office (1961), Criminal Statistics England and Wales 1960. London, Cm 1437; Home Office (1965), Criminal Statistics England and Wales proportion of guilty cases that resulted absolute discharges, being otherwise 1964. London, Cmd 2815 in a fine. It varies between offences, dealt with, and community sentences. 82 Ministry of Justice (2018), Criminal Justice Statistics with the offence of begging having the Occasionally, some cases result in 83 1986 figure from HC Deb 16 Nov 1989 vol. 160; 1987 and 1988 figures from HC Deb 24 January 1990 vol. 165 c714W; 1989 figure in HL Deb 22 May 1991 vol. 529 cc12-3WA highest rate of guilty verdicts and fines. community sentences, custody or 84 Ministry of Housing, Communities and Local Government (2019), Rough Sleeping Statistics Autumn The average fine was £65 in most suspended sentences. 2018, England (Revised), 25 February 2019 recent data.88 85 Ministry of Justice (2019), Court outcomes by police force area 86 Ministry of Justice (2019), Prosecutions and convictions data tool; and Metropolitan Police response to Freedom of Information request; https://www.met.police.uk/SysSiteAssets/foi-media/metropolitan- police/disclosure_2017/march_2017/information-rights-unit---arrests-made-under-the-vagrancy-act- 1824-and-the-offences-these-arrests-were-for-in-2016, accessed 29 May 2019 87 Home Office data, provided to Crisis by the Prison Reform Trust 88 Ministry of Justice (2019), Prosecutions and convictions data tool 17 Scrap the Act: The case for repealing the Vagrancy Act (1824) The evidence of how and why it is used today 18

The effect of formal enforcement mainly young people, being in central London. We need the end of February… I’m here prosecuted for begging. They to look at what the magnets because it’s safe and warm. “When I found out about them were invariably fined, some are that pull people onto the They call us vagrants but we’re arresting people for sort of like got conditional discharges. streets, and that goes back to not doing anything wrong – I vagrancy or whatever I learnt I thought, then, what I still the locations. Criminalising the always tidy up and take my to sleep as far out of the city think now: what an utterly individual is not going to solve stuff away.”97 centre as possible… Some of the pointless exercise this was. It those issues.”95 places I’ve slept in were terrible, was worse, still, when I thought Media coverage of the incident involving you know what I mean. But at further about it, it was deeply Peter said no arrests were made. least I knew the police wouldn’t damaging to everybody.” 93 The Act doesn’t have to come and you wouldn’t get be used formally to have Stories about people being moved on show how the practice is used arrested… I slept under bridges Andrew Neilson from the Howard an effect but it is also widespread. The Crisis 89 and all sorts.” League for Penal Reform mentioned enforcement research (2017) found a similar responses from the public and Away from the more formal use of the third (34%) of rough sleepers said that Enforcement activity without support campaigners in cases where people Act, it can also guide police behaviour enforcement action in general caused can displace people physically to went to court for begging. Speaking and attitudes about enforcement. them to move their sleeping location. other locations, potentially further about the Howard League’s successful This is not limited to police, however, 92 per cent said they experienced away from support services and also campaign to stop criminal courts and the next chapter considers the informal measures, such as being make people feel more lonely and charges he said: expectations on police from the challenged or ‘moved on’.98 isolated.90 Other evidence shows that public, businesses or politicians. enforcement without support can also “The [cases] that got the most Informal police enforcement can lead to ‘activity displacement’, whereby traction were the ones where it include ‘moving people on’. Crisis What people affected people engage in potentially riskier was in the magistrates’ courts research found this is the most by the Act say behaviour like shoplifting or street- commonly experienced recent form based sex work instead of begging.91 and it was begging. There was of enforcement along with citing the People on the streets can have There is also evidence that people who a fine, and then there was the offence they might be committing with negative views of enforcement action are begging feel guilt and shame about £150 criminal courts charge put a non-official warning to desist.96 and the use of the Vagrancy Act. the situation.92 on top. The reaction of people A common theme in the stories of to the pointlessness of that was On a Monday morning in late March those on the streets is that people Matthias Kelly QC, one of the founding very clear… It was not being 2019 a man, Peter, was woken up by think different standards are applied to members of the End the Vagrancy Act police at 8am while sleeping rough in people on the streets compared with campaign that ran in the late 1980s paid, so, very quickly the unpaid public tunnels near the Houses wider society. For example: 94 and early 1990s, was motivated to charges were racking up.” of Parliament: campaign after seeing the results of “If you walk around [place] at formal enforcement. He said to the Kathleen Sims, Head of Outreach for night, see how many people Crisis roundtable discussion: St Mungo’s, said that the Act keeps “They asked me to leave. I a focus on people rather than the asked why, but they didn’t give out there are completely out of “As a young barrister I areas in which the begging and other me a good reason, they just their faces [inebriated] and the was sitting in what is now associated activity is happening, which said, ‘section four’ – meaning police won’t touch them … I go Westminster Magistrates’ can be unhelpful: section four of the Vagrancy in there with a can of beer, I get 99 court, waiting for a case to be Act, which I’ve heard before. It’s arrested. It’s so unfair.” “If you look at the Victorian day called on. And as I sat there, I happened quite regularly since hotspots of rough sleeping, they watched a stream of homeless, are exactly the same as today 95 Comments to the Crisis roundtable on the Vagrancy Act, 24 April 2019 89 Johnsen, S. and Fitzpatrick, S. (2007), The impact of enforcement on street users in England. York: 96 Sanders, B. and Albanese, F. (2017), An examination of the scale and impact of enforcement interventions Joseph Rowntree Foundation, p.38 on street homeless people in England and Wales, London: Crisis, p.iv 90 Sanders, B., and Albanese, F. (2017), An examination of the scale and impact of enforcement 97 The Independent (2019), Homeless people kicked out of underpasses next to parliament ‘so MPs can get interventions on street homeless people in England and Wales. London: Crisis, p.35 to work’, https://www.independent.co.uk/news/uk/home-news/homeless-people-westminster-tunnels- 91 Johnsen, S (2016), Enforcement and interventionist responses to rough sleeping and begging: parliament-mps-police-sleep-rough-a8839076.html, accessed 26 March 2019 opportunities, challenges and dilemmas, ESRC, p.3 98 Sanders, B. and Albanese, F. (2017), An examination of the scale and impact of enforcement interventions 92 Fulfilling Lives (2017), Exploring begging in Newcastle City Centre: Consultation; http://www. on street homeless people in England and Wales. London: Crisis, p34 fulfillinglives-ng.org.uk/wp-content/uploads/2018/01/Exploring-begging-in-Newcastle-EBE-2017.pdf 99 Quoted in Johnsen, S. and Fitzpatrick, S. (2010), Revanchist sanitisation or coercive care? The use of 93 Comments to the Crisis roundtable on the Vagrancy Act, 24 April 2019 enforcement to combat begging, street drinking and rough sleeping in England. Urban Studies, 47(8), 94 Comments to the Crisis roundtable on the Vagrancy Act, 24 April 2019 1703-1723. DOI: 10.1177/0042098009356128, p.1709 19 Scrap the Act: The case for repealing the Vagrancy Act (1824) The evidence of how and why it is used today 20

“I’ve been sleeping in streets afterwards. It’s got to be Westminster station subway for long term, not short term. There about eight months because it’s are also so many people with warm. Usually I get up at 6am mental health issues who would and then don’t go back until rather be on the street than 10pm, but the girl in the toilets in dangerous chaotic hostels. always kindly charges my phone People don’t realise the few for me, so one day I sat there alternatives that exist are actually for an hour reading the paper worse for them. That’s what it while it charged. Not asking for was like for me. anything, just keeping quiet, when two police officers and The police I know are usually another one in plain clothes alright. They’ve never offered me came down. He said ‘You know any support apart from a bacon what we’re going to say, don’t sandwich, but most of them will you? We’re going to ask you to know your name and have a move out of the tunnel.’ I said, chat with you. I know it doesn’t I’m not doing anything wrong. look good being homeless, but The public come, and they sit we don’t deserve that. I actually down in here sometimes, so think it’s good for the MPs to what’s the problem with me? see homeless people when they He said, ‘Well, we believe you’re come out of Parliament. begging.’ I said I don’t ask people for anything. I don’t have a cup There’s no need for the Vagrancy or a hat. He said, ‘Well, you have Act. It’s not the dark ages, and to leave anyway because you’re anyway, it’s not working. If they near a business.’ move me on again, I’ll just be back like a rubber ball. Even if it Then they said they would give did stop people begging, they me a section 4 written warning might start committing real if I didn’t move, and when I crimes just to survive, and it’s the asked them what that was, they public who’ll suffer even more. said it was the Vagrancy Act. I They should be helping people called a friend of mine who is a before they get to the street homelessness campaigner, and rather than criminalising them explained what was happening, once they get there. That’s how then I left, but I told them they to end homelessness.” hadn’t heard the last of it. My friend told the newspapers, and Peter, Westminster that’s when the stories about the Vagrancy Act being used in Westminster started appearing in the press.

It’s true some people do have a drink or drug problem, but those “They should be helping people people need help to get over before they get to the street, that addiction, and even if they do get them into treatment it’s rather than criminalising them never long enough. They might get on methadone, but then once they get there." they don’t get housed, so then they just end up back on the Peter, Westminster 21 Scrap the Act: The case for repealing the Vagrancy Act (1824) The evidence of how and why it is used today 22

“It’s seriously hypocritical. Officer:“I’m  not sure if I know While there is evidence that people Crisis research across England and People like myself and other you or not - my job on the streets are “often cynical” Wales found that almost a third (30%) miscreants, if you will, if we in the city centre is about enforcement authorities’ of respondents surveyed who are drink on the street the police begging.” motives they do accept the need homeless had been deliberately kicked will come over and give us for some enforcement activity. This or hit or experienced another form is generally because they recognise of violence over a 12-month period. some serious bulls**t and Person: “I’m not begging.” that this will make themselves Almost half (45%) of people currently maybe … arrest us… Come the safer, and also because they are or recently sleeping rough had been weekend people come and Officer:“But  you are. You don’t concerned about possible hardening intimidated or threatened with violence they’re walking up and down have to talk to people of public attitudes towards people or force.107 the street drinking and the or have a card or a cup. in their situation, if visible anti-social police don’t say anything Basically if I walk along behaviour is left unchecked.105 There Particularly notable was that just to them.”100 and I see you placed to are also examples of good practice. over half (53%) of incidents that were Staff from The Wallich mentioned reported to the Crisis survey of abuse beg, I think you’re there that Police Community Support and violence rough sleepers had Others said: to receive money or Officers were “real assets to the experienced were actually unreported food - you’re begging. police and homelessness agencies”106 to the police. The main reason for “They just want you away You’re committing an because they generally have detailed this was the expectation that nothing up and gone. You’re not their offence. This is your last knowledge of people on the streets would be done as a result. There is problem anymore, do you know warning.”103 and are in a position to share concerns evidence too that offences against and information. people who are homeless are “grossly what I mean? … You just have underreported and rarely documented” to walk about for a bit until you Alex Osmond of The Wallich, told the in mainstream victimisation surveys.108 find another spot. You get to Crisis roundtable meeting that one of Threats and harm to The Crisis research pointed out know where you’re not going his charity’s clients had been nearly people on the streets how this had the effect of further to be bothered.”101 arrested for trying to take cardboard marginalising people in this situation: from outside a shop but that the shop The use of the Act directly (through was unwilling to press charges, so the arrest and prosecution) and indirectly “Most people who’ve been case was dropped. He also said: (through informal measures) “Rough sleepers reported how on the street, in that lifestyle, associates the acts of rough sleeping living on the streets meant they’ve lived a life of being told and begging alone with criminal living in fear and having to what not to do. It doesn’t work. “There have been some behaviour. The pre-emptive approach navigate constant risk and ‘What, you’re going to tell me I incidents where people on the is intended to address fears of potential uncertainty about their safety can’t do this? So what? I’ve been streets were getting disgruntled future criminal behaviour and the This was largely caused by the told all my life that.’ So it doesn’t because of constantly being punishments are meant to act as a disincentive. However, the evidence 102 moved on over a short period. dilemma of who to trust and work.” is that this can push people further Their perception was that their whether to remain hidden or away from potential help and that close to busy areas.”109 The Act has a general definition of subsequent attitude, perhaps, to people who are homeless are, also, begging that can allow officers to the officers dealing with them particularly vulnerable to being victims challenge someone they perceive to was much more likely to get of crime themselves. be begging or rough sleeping even them arrested, which would if there is no direct evidence of anti- then result in ‘unaffordable social behaviour. For example: fines’ and ‘unrealistic community sentences’.”104

100 Quoted in Johnsen, S., Fitzpatrick, S. and Watts, B. (2018), Homelessness and social control: a typology, 105 Johnsen, S. and Fitzpatrick, S. (2010), Revanchist sanitisation or coercive care? The use of enforcement Housing Studies, 33:7, 1106-1126, DOI: 10.1080/02673037.2017.1421912, p.1113 to combat begging, street drinking and rough sleeping in England. Urban Studies, 47(8), 1703-1723. 101 Johnsen, S, Fitzpatrick, S and Watts, B (2018), Homelessness and social control: a typology, Housing DOI: 10.1177/0042098009356128, p.1711 Studies, 33:7, 1106-1126, DOI: 10.1080/02673037.2017.1421912, p.1118 106 Quoted at the Crisis roundtable on the Vagrancy Act, 24 April 2019 102 Johnsen, S., Watts, B. and Fitzpatrick, S. (2016), First Wave Findings: Homelessness. Welfare 107 Sanders, B and Albanese, F (2016), “It’s no life at all”- Rough sleepers’ experiences of violence and abuse Conditionality Study Briefing Paper. York: University of York., p.10 on the streets of England and Wales. London: Crisis. 103 Manchester Evening News (2019), ‘Brutal’: 60 Days On The Street viewers shocked at the way police 108 Cooper, V. (2017), ‘No Fixed Abode: The Continuum of Policing and Incarcerating the Homeless’, speak to homeless people in Manchester, https://www.manchestereveningnews.co.uk/news/greater- Policing, Vol. 11 (1), p. 31 manchester-news/brutal-60-days-street-viewers-15977153; accessed 19 March 2019 109 Sanders, B and Albanese, F (2016), “It’s no life at all”- Rough sleepers’ experiences of violence and abuse 104 Comments to the Crisis roundtable on the Vagrancy Act, 24 April 2019 on the streets of England and Wales. London: Crisis, p.6 23 Scrap the Act: The case for repealing the Vagrancy Act (1824) The evidence of how and why it is used today 24

“People need help and housing, "I grew up in Scotland, but I Half the homeless in town have was in and out of children’s been given Vagrancy Act papers not being called a criminal.” homes since I was ten. When I now, and most of them have left care at fifteen I didn’t have been fined about £100 and then anywhere to go, and that’s when given a banning order from the Pudsey, Blackpool I first ended up on the streets. I town centre. If they get caught travelled about a bit, and then I coming back, they get done started to get involved in drugs. again and could go to jail, but It blocked it all out, but it also that means all those people can’t makes you stop caring about get into town to use the few anything, even yourself. I ended local services there are for rough up in jail a few times. sleepers.

The BID team [Business Luckily, I met a local charity Improvement District]110 and the outreach team last October, and police were on me straight away they told me about a temporary when I got here. It was them who shelter they’d opened over first served me the Vagrancy Act Christmas. Then they supported papers. Sometimes they give you me into a shared flat with our a bit of advice about where to go, own tenancy and everything. like soup kitchens and things, but That’s when I got clean by otherwise nothing else. myself. I gave it all up on my own in the end. The most important Since coming to Blackpool I’ve thing for me now is staying clean now had thirteen charges under and to start living a normal life. the Vagrancy Act, and I’ve also been taken to court twice for I’m also starting to sort things out it. Getting the papers just made with my family too. I last spoke me angry. They just come up with my mum a couple of weeks and tell you to move, but I don’t ago, and that’s beginning to get know where they expect you better. But that’s all because to go? Five of those warnings I I’m housed and clean now. If I was even asleep when they gave didn’t have this support around them to me, so how could that me now, I’d probably be dead. have been for begging? I just People need help and housing, woke up to find it on my sleeping not being called a criminal.” bag. ‘Sitting in a public place gathering money for alms,’ they Pudsey, Blackpool called it.

110 House of Commons Library (2018), Business Improvement Districts, Briefing 04591, 7 May 2018 describes BIDs as “partnerships between local authorities and local businesses which are intended to provide additional services or improvements to a specified area. A BID must be agreed by ballot and is funded in whole or in part by a levy on those liable for non-domestic rates”. 25 Scrap the Act: The case for repealing the Vagrancy Act (1824) The potential effect of repeal on policing 26

Concerns about wider forms of ‘anti- “The police are not out Chapter 4: social’ street behaviour that go beyond to criminalise people rough sleeping alone can often tend unnecessarily. We do not set to frame the discussion of the Act. out to do that. We are here to Evidence shows that these concerns look after the vulnerable and… are frequently motivated by worries we believe the most effective The potential about its effect on local businesses and tourism, on the public who can approach to this is problem- report feeling intimidated, and of solving, in conjunction with the health and social impact on the our partners to resolve the individuals undertaking the street situation. Rather than use the effect of repeal 113 activity. In Crisis research 63 per cent law to beat with a stick. That of local authorities across England said, we do often find ourselves and Wales had received complaints on policing about rough sleeping from the public between a rock and a hard and local businesses with calls to place. It is very challenging address it. 69 per cent of councils for the police, because we do received complaints from the public get a lot of pressures from This chapter looks at the pressures and expectations on and businesses about anti-social a lot of different areas, both 114 police to address anti-social behaviour and their experiences behaviour. from local businesses, from of working with wider support services. It reflects on more In the build-up to a Royal wedding local communities, from the effective approaches to help people currently affected by in Windsor, the council leader raised homeless community…” the Vagrancy Act and how, for many people, this will involve concerns with the Police and Crime little or no contact time with police or the criminal justice Commissioner for the area about the He added: system at all. For the minority of cases where there is “concerning and hostile atmosphere” due to rough sleeping and begging “Police do feel, sometimes, a genuinely anti-social behaviour it looks at what works activity, adding that “The whole to address it. frustration where we refer and situation also presents a beautiful town then the next day the same in a sadly unfavourable light.”115 person is out. We refer again, The National Police Chiefs Council’s the only people who are able There was considerable outcry in the same day the next person lead on homelessness and anti- to deal at the last resort.”111 response, including a petition signed is out. You continue down this social behaviour, Deputy Assistant by more than 327,000 people to stop cycle. We absolutely do not see Commissioner Laurence Taylor, told When asked about repealing the Act, the use of legal powers to move on ourselves as a lead agency in 116 the Crisis roundtable discussion: he said: rough sleepers in Windsor. The tackling homelessness. We tend Prime Minister at the time said: “I don’t to pick up the consequences “The police role is to balance “100 per cent of [police forces] agree with the comments that the 117 of some behaviours that are everybody’s rights. We have will tell you if we got rid of the leader of the council has made.” often focused around the street to make sure what we do Vagrancy Act, we would not be Reflecting on the pressures that police community, many of whom is proportionate, legal and bothered so long as there was face, Deputy Assistant Commissioner are not part of the homeless necessary. We are absolutely something in its place where, as Laurence Taylor from the National community. There is this whole not out to criminalise people a last resort, we are able to deal Police Chiefs Council said: narrative that sits behind it, unnecessarily. We are in this with some of those issues that but certainly there is a lot of position where we have to are not linked to rough sleeping

balance the challenges we or homelessness, that are there 113 Johnsen, S., Watts, B. and Fitzpatrick, S. (2016), First Wave Findings: Homelessness. Welfare have working in communities to deal with criminality or the Conditionality Study Briefing Paper. York: University of York, p.9 114 Sanders, B., & Albanese, F. (2017), An examination of the scale and impact of enforcement interventions because of the scrutiny and the persistent behaviours that we on street homeless people in England and Wales, London: Crisis, pp.11-12 pressure. Sometimes we are might come across.”112 115 Letter from Leader of the Royal Borough of Windsor and Maidenhead (2018) to Thames Valley Police PCC, 2 January 2018, https://www3.rbwm.gov.uk/download/downloads/id/3558/cllr_simon_dudley_ letter_to_anthony_stansfeld_jan_2018.pdf; accessed 20 March 2019 116 Change.org petition (2018), ‘Stop Windsor council removing rough sleepers before royal wedding’, accessed 11 April 2019 111 Comments to the Crisis roundtable on the Vagrancy Act, 24 April 2019 117 BBC News online (2018), Royal wedding: Theresa May joins Windsor begging row debate, accessed 11 112 Comments to the Crisis roundtable on the Vagrancy Act, 24 April 2019 April 2019 27 Scrap the Act: The case for repealing the Vagrancy Act (1824) The potential effect of repeal on policing 28

evidence where there just is responsibility for responding to “We do not move people on communities. We have a duty not the capacity within a lot criminal behaviour, its causes for rough sleeping. There must to protect them as vulnerable of organisations to deal with and effects. Without access to be an element of anti-social adults in our community. We all the referrals that we might housing colleagues, substance behaviour associated for us are asked to consider how we make as part of the problem- misuse services and probation to issue a section 35 notice prioritise our scant resources solving approach.”118 supervision then we cannot [dispersal powers under the according to threat, risk and hope to resolve an individual’s Anti-social Behaviour, Crime harm. But with begging, where's Another police officer told Crisis mental health needs.”121 and Policing Act 2014] or the threat? Where's the risk? about the difficulties they faced in to put a referral in.” 123 Where's the harm?”125 partnership working: Attitudes can vary towards the use of the Act across police in England However, the representative also “Having worked in partnership and Wales. The Police and Crime said that it is possible for individual posts, one of the issues is a Commissioner for West Midlands, officers to still use the Act (and other lack of alternate options other David Jamieson, reported his enforcement measures) while it reservations about the use of the Act remains in force: agencies can use, which often and believes it is a barrier to people results in the police being receiving the support they need. “I’m not naive enough to used to ‘tidy up’ unsightly He said: suggest that some people may begging and rough sleeping not actually take a different spots, without any longer- “I am [also] concerned about tack to one another—we’re all term problem solving options the use of the Vagrancy Act. individuals.” 124 being in place.” (North-west I am pleased that it is being 119 England) used less and less, but I now A Chief Inspector working in think it is the time for the England said: Similarly, Public Health Wales’ research government to remove it from in a Welsh police force area found the statute books and update "It is extremely rare for people increasing demand on police to the legislation. It should be to make an informed decision respond to calls related to vulnerability replaced with legislation that to be homeless, and many (e.g. mental health, vulnerable adults, or child welfare) and, over a 12-month helps agencies to work closer people living without shelter period, between 72-80 per cent of together to ensure no-one falls have complex needs: they may police referrals to partners did not through the cracks.”122 be fleeing abuse at home, may result in further action.120 struggle with addiction, and/ Multiple police force representatives or suffer from poor health. To The Welsh Local Government maintain that they do not penalise criminalise this seems, well... Association’s good practice guide says: people ‘solely’ for rough sleeping or begging. For example, a South Wales criminal! We joined the job to “People commit offences for Police representative said to a Welsh help people who are vulnerable a multitude of reasons, many Assembly committee: to exploitation and abuse, and of which have their basis the homeless community are in social deprivation and more likely to be victimised dysfunction; the solutions to owing to their housing status these problems cannot be than other members of our provided by one discipline alone, we all have a joint

118 Comments to the Crisis roundtable on the Vagrancy Act, 24 April 2019 119 Quoted at the Crisis roundtable on the Vagrancy Act, 24 April 2019 120 Public Health Wales (2018), Early Action Together Programme Response to Commission for Justice in Wales: Call for Evidence, 30 July 2018 123 Welsh Assembly (2018), Equality, Local Government and Communities Committee record, 8 February 121 Good Practice Wales (2009), Criminal Justice Liaison Service: Working Seamlessly Across Organisations, 2018, http://record.assembly.wales/Committee/4587, accessed 25 February 2019 http://www.goodpractice.wales/casestudy-384; accessed 23 April 2019 124 Ibid. 122 Quoted in Birmingham Mail (2019), ‘Police chief calls for abolition of Vagrancy Act’, 26 March 2019 125 A police officer provided this quote anonymously to Crisis 29 Scrap the Act: The case for repealing the Vagrancy Act (1824) More effective approaches to the challenges 30

“I worked ten years as a police The Vagrancy Act itself was just a Chapter 5: officer in London, but I retired convenient piece of legislation to in 1999 after an accident, now remove the poor from anywhere I’m three quarters of the way they didn’t want homeless through training as a barrister. people around, like shops, train stations and theatres. The More effective When I was a police officer I analogy we used to use was like liked helping people. We had getting rid of pigeons in Trafalgar more discretion back then to Square. It’s just something we support people on the street. don’t want to see. And places like approaches to Now people are far too quick to Westminster don’t like the bad criminalise them. We did use the publicity they get from having Vagrancy Act back then, but they people sleeping in the streets. do it much more now. It seems If anyone tells you different it’s the challenges to have become the default not true. position, but it’s just upholding an image. Ahead of the royal There’s a social issue about why wedding for example, and I don’t you’re removing someone from The evidence of the Act’s current use and of what works to like the law being used to lie and the street. There needs to be end homelessness shows how ineffective the Act is. There are cover up things. statutory provision for homes, two broad approaches that could work more effectively to but there’s a huge problem with I personally never found it social housing the government help people away from the streets: comfortable arresting someone don’t want to admit to, so they for rough sleeping or begging. victimise homeless people The only good thing that came and pretend they chose to be • Scaled-up support and outreach Dealing with people who have out of it was them being able there instead. The Vagrancy Act services (cooperating with police experienced trauma can require to have a cup of tea and biscuit is completely out of date for forces and others) to help people different approaches and the ideal in the station and use the toilet. the 21st century. Criminalising away from rough sleeping and agency to lead in delivering them Just to help them get warm for a homeless people doesn’t solve begging as early as possible through is not usually the police, as police short while, but then they went homelessness. We should be support and, if relevant, housing. representatives have said. Crisis straight back to the street. The criminalising failing to support research found that any contact with real reasons for homelessness, homeless people.” • More effective alternative approaches police (or any agency that offers like relationship breakdown, to addressing anti-social behaviour support or outreach) is an opportunity poverty and job losses are not Chris, Guildford. and criminality that occur alongside to ensure a person on the streets is solved by criminalising people. rough sleeping or begging, using linked to support that can help them They were just moved on. It modern law rarely and in a very away from homelessness.127 never solved the problem. focused way. This also requires sensitivity to the trauma that people It also needs an understanding on the streets have experienced and approach where agencies build up the vulnerabilities they have. trust with the person. As one police representative said: There are links between homelessness, begging and the trauma that people “We cannot treat the street have experienced, often earlier in life. community as ‘you’ve For example, 85 per cent of those in committed theft, you’ve England who are in touch with the criminal justice system, involved in committed assault’ and just substance use, and homeless services be like that. We need to start have experienced childhood trauma.126 thinking why. Why have they "They were just moved on. committed theft? Why are

It never solved the problem.” 126 Bramley, G., Fitzpatrick, S., Edwards, J., Ford, D., Johnsen, S., Sosenko, F., and Watkins, D. (2015), Hard Edges: mapping severe and multiple disadvantage in England. London: Lankelly Chase Foundation. 127 Sanders, B., and Albanese, F. (2017), An examination of the scale and impact of enforcement Chris, Guildford interventions on street homeless people in England and Wales, London: Crisis, p.27 31 Scrap the Act: The case for repealing the Vagrancy Act (1824) More effective approaches to the challenges 32

they drinking? Why are they Evidence also shows a “strong into them during the day. And “Enforcement in its current on drugs? I don’t care whether overlap” between street homelessness I think it’s really understanding format does nothing to people are looking at me as and begging, especially among UK the complexities of rough empower communities to an ex-public-order riot squad nationals.130 A review of evidence from sleeping, and the complexities resolve issues, build awareness trainer and say ‘Jesus, you’ve across Britain by Shelter Scotland of anti-social behaviour such as of responsibility or recognise found that a considerable proportion lost your edge’, I’m actually of people who beg are homeless begging, and they are two very collective skills and expertise. being realistic about the fact in some form, depending on the different things, and they need a It further stigmatises the that … there is a traumatic definition of homelessness used different response.”133 homeless community as they incident at the heart of every (e.g. varying from sleeping rough remain external to discussions single of these individuals’ or in temporary accommodation St Mungo’s, which works directly with and meaningful change. problems… Police officers need or unstable housing situations). The some people who are affected by the Current use of enforcement is to be ‘We’re here to enforce the research quoted finds that this group Act in England, found 7 out of 10 street fear based, further traumatising has a higher incidence of mental outreach service managers it surveyed law, but I also appreciate that health issues compared with physical wanted to see the Act repealed. individuals for whom life is 137 you’ve got problems and we will health problems, underlining the Some respondents said that some complex enough.” link into these agencies’.” 128 need for a psychologically informed enforcement activity is necessary for approach.131 This approach, according ‘persistent’ or ‘aggressive’ behaviour Kathleen Sims, Head of Outreach at to guidance, “takes into account the but that legal mechanisms exist Scaled up assertive St Mungo’s, also emphasised the need psychological makeup – the thinking, outside the Act to take action.134 Not outreach and support to understand people who are on the emotions, personalities and past all outreach services agree and some streets. She said: experience - of its participants in the have argued that an “interventionist” in England and Wales way that it operates” and takes into approach is needed.135 “We are all creatures of habit. account the trauma people have There is consensus among support Some people, when they find experienced.132 However, as with St Mungo's staff, agencies and in the research evidence a site they find comfortable, workers from Welsh charity The that enforcement should be rare and However, while there is overlap rough Wallich generally hold negative views used only when other options will will return to that site. But they sleeping, begging and other street of the Act:136 not work. It should recognise that any don’t do that necessarily to activities are different. Kathleen Sims anti-social behaviour is linked to (but be anti-social… That, to the of St Mungo’s also said: • “The Act is an outdated law that separate) from rough sleeping and public, can seem like people penalises people unfairly. It is a begging and it should always seek to are doing things deliberately, “Street activity is very different problem that requires compassion help people into support services. As a but they’re not. And there’s to rough sleeping. For those and not just moving someone away.” St Mungo’s service manager said: many occasions where actually, people you see street active • “Terminology of the Act, the way “Enforcement where there you just have a conversation during the day, if any of you people are treated for just trying is no anti-social behaviour with the individual in the said came out with one of my teams to survive is disgraceful. Language or criminal activity is the doorway, to explain that they at night, you are unlikely to and articulation is one of the most wrong tactic, unless the are either blocking the entrance see those same individuals powerful tools we have and it can client is a risk to themselves… or they are causing alarm and rough sleeping. And in fact, make or break people.” Assertive outreach practices distress by being there. They most of the people that you’d • “The Vagrancy Act would not from outreach teams, clinical are mortified to know that, and wake up at night, you would be passed today and should be teams or substance use teams they would move straight not even know that they were abolished.” should be used. Otherwise, away.”129 homeless if you were to bump And a St Mungo’s service manager said: enforcement action pushes clients into hard to reach areas 128 Quoted in Johnsen, S. and Fitzpatrick, S. (2010), Revanchist sanitisation or coercive care? The use of and further entrenches the enforcement to combat begging, street drinking and rough sleeping in England. Urban Studies, 47(8), 1703-1723. DOI: 10.1177/0042098009356128, p.1715 129 Quoted at the Crisis roundtable discussion, 24 April 2019 133 Johnsen, S (2016), Enforcement and interventionist responses to rough sleeping and begging: 130 Johnsen, S (2016), Enforcement and interventionist responses to rough sleeping and begging: opportunities, challenges and dilemmas, ESRC, p.4 opportunities, challenges and dilemmas, p.3; http://www.welfareconditionality.ac.uk/wp-content/ 134 St Mungo’s (2018), Repealing the Vagrancy Act, https://www.mungos.org/wp-content/ uploads/2016/12/Interventionism-Event-Summary.pdf uploads/2018/12/St-Mungos-repealing-the-Vagrancy-Act-briefing.pdf; accessed 4 April 2019 131 Shelter Scotland (2019), Street Begging in Edinburgh, Edinburgh: Shelter Scotland, pp.8-13 135 Johnsen, S (2016), Enforcement and interventionist responses to rough sleeping and begging: 132 Quoted in Homeless Link (2015), Creating a Psychologically Informed Environment, https:// opportunities, challenges and dilemmas, ESRC, p.4 www.homeless.org.uk/sites/default/files/site-attachments/Creating%20a%20Psychologically%20 136 Quoted at the Crisis roundtable discussion, 24 April 2019 Informed%20Environment%20-%202015.pdf, accessed 15 March 2019 137 Comments shared with Crisis by St Mungo’s 33 Scrap the Act: The case for repealing the Vagrancy Act (1824) More effective approaches to the challenges 34

rough sleeping. Enforcement 5. Offer person-centred support mental health support and/or Diversion is a process that ensures that action is a short-term solution and choice – via a client-centred treatment needs. The report said: people with mental health problems to clearing an area, not a tool to approach based on cross-sector or learning disabilities who enter (or end rough sleeping.”138 collaboration and commissioning. “Homelessness is often a trigger are at risk of entering) the criminal This includes, for example, access for offenders to be dealt with justice system are identified. They to specialist mental health teams differently by the criminal are provided with appropriate mental A review for Crisis of what works to when necessary and rapid referral health services, and whatever support end rough sleeping specifically found for substance use support.142 justice system, at the police and/or treatment is needed. There is the following five themes feature in and court stages, and can an emphasis on early identification to successful approaches.139 This suggests a much larger role for decrease the likelihood of an prevent needs increasing and avoid the support agencies working together individual being granted bail escalation of damage to the person 1. Recognise that individual rough in helping people away from the or a community sentence.” and the community.148 sleepers have different and diverse streets and a much more focused role needs and address the needs and for police in responding only when People can be diverted at any stage public support entitlements of each other options will not work. This is The report also found a strong in the police and justice systems, person who is rough sleeping with in keeping with Crisis’ research into link between people who were including prevention before people are housing and support. enforcement that found areas that homeless (including in temporary even arrested, at the point of arrest, tended to use enforcement action accommodation) and mental health while decisions are being made in 2. Swiftly acting to prevent or quickly less were ones that had invested in a problems, with a higher prevalence the justice system, or before, during end street homelessness, through multi-agency response to the issues.143 of problems reported among people and after custody or community interventions such as No Second It would also fit with the vision of who are homeless compared with sentences.149 ‘Diversion’ happens Night Out (NSNO), to reduce the policing set out by the National Police the general population.144 Research towards health and social (care) number of people rough sleeping Chiefs Council and its representatives. conducted in both England and Wales services to meet people’s needs and who develop complex needs and has consistently found links between can mean diversion out of or within potentially become entrenched.140 mental health and homelessness: the police and justice systems, so NSNO aims to identify and help More effective responses that it does not simply mean ‘letting people away from the streets to anti-social behaviour • In Wales more people presenting to someone off’.150 immediately with the public helping their local authority for homeless to alert services to people who and crime assistance had mental (and physical) ‘Street triage’ is separate from liaison may be rough sleeping. Once health problems than the broader and diversion. According to the alerted, services can help people The second part of the solution is to population.145 College of Policing, while the two into suitable accommodation with ensure that police forces are able to services tend to operate at different support.141 respond in a trauma-informed way to • In England 80 per cent of people times of day there is a “natural overlap” solve problems and help people away who were homeless reported a between the two approaches so 3. Use assertive outreach leading to from the streets. mental health issue and 45 per cent that police forces can plan and use a suitable accommodation offer – were diagnosed with one.146 them effectively.151 NHS England says by identifying and reaching out to Mental health support in policing triage services involve mental health people rough sleeping and offering and justice: liaison and diversion Following the Bradley report, professionals working with police who suitable housing as part of the Lord Bradley’s report for the Prison availability of liaison and diversion are responding to emergency calls package of support. Reform Trust on people with mental services increased across England and might not necessarily relate to health problems or learning disabilities and Wales with an estimated 100 someone who might have committed 4. Be housing-led, i.e. offer rapid in the criminal justice system found in schemes in operation in 2018.147 an offence.152 access to settled housing, including 2009 that a large proportion of people the use of the Housing First had unidentified (and therefore unmet) approach. 144 Prison Reform Trust (2009), Bradley Report, London: Prison Reform Trust, p.63 138 Comments shared with Crisis by St Mungo’s. 145 Cymorth (2017), Health Matters – the health needs of homeless people in Wales, Cardiff: Cymorth, p.6 139 Mackie, P., Johnsen, S. and Wood, J. (2017), Ending rough sleeping: what works? An international 146 Homeless Link (2014), The unhealthy state of homelessness – health audit results. London: Homeless evidence review. London: Crisis. Link, p.3 140 See Homeless Link (2014), Adopting the No Second Night Out Standard - Developing a service offer for 147 Cardiff and Vale University Health Board (2018), Cardiff & Vale UHB & South Wales Police Liaison & those new to the streets. London: Homeless Link. Diversion Scheme Protocol, p.4 141 Homeless Link, ‘No second night out campaign’, https://www.homeless.org.uk/our-work/campaigns/ 148 College of Policing (2016), Mental health and the criminal justice system, accessed 18 April 2019 policy-and-lobbying-priorities/no-second-night-out-campaign, accessed 16 May 2019 149 Sainsbury Centre for Mental Health (2009), Diversion – a better way for criminal justice and mental 142 For more detail see Downie, M., Gousy, H., Basran, J., Jacob, R., Rowe, S., Hancock, C., Albanese, F., health. SCMH: London. http://www.ohrn.nhs.uk/resource/policy/DiversionSCMH.pdf Pritchard, R., Nightingale, K. and Davies, T. (2018), Everybody In: How to end homelessness in Great 150 College of Policing (2016), Mental health and the criminal justice system, accessed 18 April 2019 Britain. London: Crisis. 151 Ibid. 143 Sanders, B. and Albanese, F. (2017), An examination of the scale and impact of enforcement 152 NHS England, Frequently Asked Questions about Liaison and Diversion, https://www.england.nhs.uk/ interventions on street homeless people in England and Wales, London: Crisis, p. 34 commissioning/health-just/liaison-and-diversion/ld-faqs/#q12, accessed 18 April 2019 35 Scrap the Act: The case for repealing the Vagrancy Act (1824) More effective approaches to the challenges 36

Liaison and diversion services require Policing and vulnerability: In the past, services have often By being ACE-informed and taking an identification by police and screening Early Action Together focused on treating the ‘symptoms’ early intervention approach, police of people by specialists to identify In Wales, the Home Office’s Police of people’s behaviour rather than can aim to better identify, understand, support needs. The College of Policing Transformation Fund supports a addressing the causes, and by the problem solve and signpost with says that, in keeping with police multi-agency partnership between time people get professional help partners, so that they can help working practices, services being Public Health Wales; and policing it can seem too late to intervene. vulnerable people before their referred to must also be available and criminal justice. The Early Action There is evidence that adults who problems escalate. out-of-hours to make sure any referral Together programme addresses the have experienced four or more ACEs can be timely and effective.153 Police, root causes of criminal behaviour are more likely to have experienced Progress so far includes: probation and the judiciary can to enable police and criminal justice or carried out a number of criminal then make decisions on the basis of staff to take preventative measures behaviours and there is a link between • Almost 3,000 police officers and evidence and information presented when dealing with vulnerable people ACEs and people experiencing partners have received ACEs training. to them.154 by taking an Adverse Childhood homelessness for a month or more.161 Experience (ACE) informed and • ‘Early help’ trauma-informed systems An evaluation of the liaison and public health approach. This enables Because the police spend so much and processes are being tested with diversion service model has found early intervention and root cause time with people whose wellbeing local authorities. that the “vast majority” of people who prevention, keeping vulnerable people and safety are at risk, they are well- worked with liaison and diversion out of the criminal justice system, placed to intervene early before things • A public-health approach is being services from a range of different breaking the generational cycle of get worse. They can also find ways tested in all four Welsh police forces backgrounds reported that the services crime, and improving lives. of helping individuals, families and in the areas of serious violence, were useful.155 NHS England and communities and so reduce the impact police workforce wellbeing, social the Ministry of Justice are working According to Public Health Wales, of ACEs and trauma and break cycles prescribing and policing in schools. together to increase access to liaison ACEs are: of behaviour that have continued and diversion services, with an through generations. • There is also a learning network for indicative target of 100 per cent of the “Stressful experiences occurring sharing professional knowledge, population in England having access during childhood that directly The programme partners include:162 research findings, best practice by the end of 2021 (up from 60 per hurt a child (e.g. maltreatment) and information about partner cent in 2016-17).156 • All four police and crime organisations. There is some early or affect them through the commissioners and all four chief evidence of better information and Welsh Government has included environment in which they live constables: South Wales, North knowledge sharing. further development of the Criminal (e.g. growing up in a house Wales, Dyfed-Powys and Gwent; Justice Liaison Service as a mental with domestic violence). ACEs • Early Action Together has support health service priority since 2012.157 All include childhood abuse • The Community Rehabilitation from senior and strategic leads in all Welsh Local Health Board areas have (physical, sexual or emotional); Company Wales; the partner organisations. It is also a service158 and the relevant Welsh mentioned in the UK Government’s Government strategy has a goal to neglect (emotional or physical); • Her Majesty’s Prison and Probation Serious Violence Strategy.163 ensure “timely and appropriate” access family breakdown; exposure Service in Wales; to mental health services for people in to domestic violence; or living The whole programme is being contact with the justice system.159 in a household affected by • Her Majesty’s Courts and Tribunal evaluated, and its findings will inform substance misuse, mental Service (Wales); the work of the police and the prison illness, or where someone is and probation services. incarcerated.”160 • Wales Youth Justice Board; • And Barnardo’s Cymru.

153 College of Policing (2016), Mental health and the criminal justice system, accessed 18 April 2019 154 NHS England, About liaison and diversion, https://www.england.nhs.uk/commissioning/health-just/ liaison-and-diversion/about/ accessed 18 April 2019 155 Disley, E., Taylor, C., Kruithof, K., Winpenny, E, Liddle M., Sutherland, A., Lilford, R., Wright, S., McAteer, L., and Francis, V. (2016), Evaluation of the Offender Liaison and Diversion Trial Schemes. Santa Monica: RAND Corporation, 2016. https://www.rand.org/pubs/research_reports/RR1283.html 156 NHS England (2017), Implementing the Five Year Forward View for Mental Health, p.32 157 Welsh Government (2012), Together for Mental Health, p.40 158 Magistrates Association (2018), Call for evidence about justice in Wales: Commission for Justice in Wales, https://llyw.cymru/sites/default/files/publications/2018-06/Submission-the-magistrates-association%20.pdf 159 Public Health Wales (2016), Together for Mental Health Delivery Plan: 2016 -19, p.23 160 Grey, C. and Woodfine, L. (2018), Adverse Childhood Experiences (ACEs) and Housing Vulnerability – 161 Ibid. p.5 Report and Evaluation of ACE-informed Training for Housing. Public Health Wales and the Police and 162 Public Health Wales (2018), Research Highlights 2017/18 Crime Commissioner for South Wales. 163 HM Government (2018), Serious Violence Strategy, p.60 37 Scrap the Act: The case for repealing the Vagrancy Act (1824) More effective approaches to the challenges 38

“Arresting people for being "I was first arrested for the I try to explain to people the homeless only made them Vagrancy Act in 2008. I just asked horrors of living on the streets, someone for 20p so I could use and how much difference it stay homeless.” the phone. Two police saw it makes for someone to treat you and arrested me on the spot for like a human being. The best Karl, Liverpool begging. I spent the night in the thing I can remember is silly little cells and was in court the next things like people saying good morning. They just fined me morning and asking if I was OK. It and sent me straight back to the would be brilliant if the Vagrancy streets. No more help. Nothing. Act could be repealed. That would help turn public opinion Arresting people for being back to helping homeless people homeless only made them instead of punishing them. At the stay homeless. You felt like a end of the day the police only do criminal, so you end up shutting as they’re told." down and just relying on the homeless community instead. Karl, Liverpool It becomes learned behaviour. I tried my best to stay out of sight. You found little places to hide away like garages, air vents, and parks. Where I live now there’s a park I walk through early in the morning with my dog and they’ve started sniffing at something on the floor, and I realised it’s a person. They tell me they’d been moved out of town. But they’ll only go back. They have to.

You get mental fatigue trying to access any kind of support services. It’s like the whole system is set up to perpetuate homelessness and crime, not to end it. People are also begging just to pay bills, or to get a room in a hostel, or get enough for a permanent address for when that hostel moves them on. At the end of the day if someone’s begging on the street, that person needs help, not being arrested for it. 39 Scrap the Act: The case for repealing the Vagrancy Act (1824) Vagrancy Act and legal considerations 40

One study of begging in Edinburgh Other nations that previously had Chapter 6: suggests that people without vagrancy laws have also repealed accommodation tend to beg for them:169 a variety of reasons, but those with relatively more ‘stable’ • In the USA a succession of vagrancy accommodation tended to beg due laws in states or counties were ruled The Vagrancy to addictions. However, just over 80 unconstitutional by the US Supreme per cent of people in the study had Court in the early 1970s, starting with mental health support needs and the a Florida case in 1972.170 most common help that people in Act and legal this situation wanted was access to • The Canadian Ministry of Justice has accommodation, followed by drug legislation in the Parliament to repeal or alcohol treatment and access a number of laws that had been to work.167 struck down in courts but remained in law, including a diverse list of considerations 171 There is evidence that Scottish local outdated laws such as vagrancy. authorities have acknowledged these The list was dubbed the “zombie challenges for some time. In 2010, an laws” by Canadian legal experts.172 The evidence relating to enforcement is clear that it should Edinburgh Council document outlined be used only when other options will not work and when it its approach: • Belgium abolished its laws against is used it should link someone to support services. However, vagrants and begging in 1993 that had been in place since 1891. There there will be some cases where police would need to use “There are no police powers to ‘move people on’ outside are some relevant offences still the law to address criminality that is separate from – and certain extreme circumstances in place but they are restricted to ‘aggressive’ begging.173 in addition to – a person begging or sleeping rough. This or through an approved chapter looks at how and when legislation should play a part dispersal order, but obviously • Finland’s 1883 vagrancy law was in addressing anti-social behaviour linked to rough sleeping, where a crime occurs they repealed in 1987.174 begging or related street activity. have existing police powers to deal with this and the main Vagrancy law in Scotland aggressive or anti-social crux would be the one person’s aspect to it.”164 definition of ‘aggressive’… There and elsewhere are often complex social and In Scotland, criminal law is not part There is police discretion if there economic issues surrounding of the response to rough sleeping is a complaint and people can be persons who beg on the street or begging. The Vagrancy Act was arrested for potential disorderly and any enforcement action repealed in 1982 and instead only the conduct or breach of the peace if being considered should only ‘associated’ and additional behaviour is they are behaving in an intimidating be seen as a small part of a potentially criminal, and not begging or or aggressive way. When Aberdeen rough sleeping alone. Council applied to pass a bylaw holistic approach to addressing 168 to forbid begging more generally this.” According to a Police Scotland in specific areas in 2014 the representative: Scottish Government refused.165 Scottish Ministers said they were “While begging itself is not a “not persuaded” that a bylaw 167 Shelter Scotland (2019), Street Begging in Edinburgh, Edinburgh: Shelter Scotland, p.6 crime, the behaviour associated was “conducive to good rule and 168 Edinburgh Council (2010), South Central Neighbourhood Partnership, 9 August 2010 government” or that such a move 169 Ranasinghe, P (2015), Refashioning vagrancy: a tale of Law’s narrative of its imagination, International with it can sometimes Journal of Law in Context, 11,3 pp. 320–340 (2015), Cambridge University Press 2015 doi:10.1017/ would help solve the problem.166 constitute an offence if, S1744552315000178 170 Papachristou v. City of Jacksonville (1972), 405 U.S. 156 for example, there was an 171 House of Commons Canada (2018), Bill C-75: An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts, 1st Session, 42nd Parliament 164 Evening Express (2018), Law allows begging on streets of Scotland – but not aggression, 8 January 2018 172 CBC News (2017), Federal government to axe ‘zombie laws’ from Canada’s Criminal Code, 7 March 2017 165 BBC News online (2014), Aberdeen begging by-law plan rejected by Scottish ministers, 20 June 2014 173 Housing Rights Watch (2013), Criminalisation, https://www.housingrightswatch.org/page/ 166 The Press and Journal (2014), Aberdeen’s anti-begging bylaw rejected by Scottish Government, 21 June criminalisation-6; accessed 3 May 2019 2014 174 Y-Foundation (2018), A Home of Your Own. 2nd ed. Y-Foundation: Keuruu 41 Scrap the Act: The case for repealing the Vagrancy Act (1824) Vagrancy Act and legal considerations 42

the offences by new ones to meet 1. The remaining offences in the modern circumstances”.177 It also Act are regulated by discrete, recommended raising the criminal subsequent offences in more threshold for offences to include modern legislation. only ‘persistent’ begging and a much The legal advice says that offences in more clearly defined ‘sleeping out’ the Act that police and criminal justice offence.178 services would still need to use are regulated by more modern legislation. 1970s “zombie laws” In 1990, the End the Vagrancy Act One of the key differences between In the USA a succession of vagrancy The Canadian Ministry of Justice coalition pointed out that other the Act and more modern legislation, laws were ruled unconstitutional has legislation in the Parliament to legislation could be used instead.179 the legal advice’s author Mike Schwarz by the US Supreme Court in the repeal a number of outdated laws Crisis sought a new legal opinion from Bindmans LLP said to the Crisis early 1970s. such as vagrancy. The list was on the Act in the context of current roundtable discussion, is that the dubbed the “zombie laws” by legislation to gauge how suitable it modern legislation contains greater Canadian legal experts. is for addressing rough sleeping and flexibility for possible legal defence for begging across England and Wales. the person being prosecuted.181 The advice looked at whether there is sufficient legislation outside of the Act The full details of how the remaining for authorities (that is police, courts, offences in the Vagrancy Act are prosecutors etc.) to act on concerns covered by newer legislation are also about criminal behaviour. in the appendix and should be read alongside the full context and legal The full legal advice to Crisis is commentary. However, particularly in Appendix 2 but in summary it relevant alternative Acts include those considers the Act to be “obsolete” in Table 3. in relation to the following legal 1993 1987 criteria that: Belgium abolished its laws Finland’s 1883 vagrancy law against vagrants and begging was repealed in 1987. • The remaining offences in the Act in 1993 that had been in place are regulated by discrete, subsequent since 1891. offences in more modern legislation.

• The criteria to trigger the authorities’ powers in modern legislation more adequately reflect the conduct and In contrast, the Hungarian rough sleeping.175 In an open letter, impacts of that conduct that need to Government led by Viktor Orbán a United Nations special rapporteur be addressed. has strengthened laws against rough said the approach was “absolutely sleeping and effectively banned it with unacceptable.”176 • That the powers, once triggered, ‘exclusion zones’ around historical adequately address the conduct, and tourist sites. Charities say this especially compared with the has led to people sleeping rough in Legal advice given to Crisis Vagrancy Act.180 more hidden or remote sites, where on England and Wales they are more difficult to find and to help. The European Federation of Many of the Act’s shortcomings National Organisations Working with are not newly identified. In 1976, a the Homeless (FEANTSA) said the working party report for the Home approach was a “policy of total evil” Office recommended the Act’s and would also not work to reduce repeal and “replacement of some of

175 Euronews (2018), Hungary’s homeless ban: Campaigners slam ‘policy of total evil’ with temperatures set 177 Home Office (1976), Report of the Working Party on Vagrancy and Street Offences, HMSO: London, p.1 to fall, accessed 30 May 2019 178 Ibid. p.24 176 Office of the UN High Commissioner for Human Rights (2018), Hungary: UN expert expresses outrage 179 Quoted in HL Deb 11 December 1990 vol 524 cc465-93 at attempt to criminalise homelessness; https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews. 180 Schwarz, M (2019), Crisis and alternatives to the Vagrancy Act 1824, paras 26-31 aspx?NewsID=23229&LangID=E; accessed 30 May 2019 181 Crisis roundtable discussion, 24 April 2019 43 Scrap the Act: The case for repealing the Vagrancy Act (1824) Vagrancy Act and legal considerations 44

Table 3. Vagrancy Act offences and alternative legislation One potential hesitation about using reviews) to include consideration the more recent legislation is that of the interests of people who are Offence Alternative legislation some, though not all, of the legislation experiencing homelessness can have higher potential penalties or poverty. Section 3 Highways Act 1980 for obstructions of the highway Wandering abroad, or placing if on public pavements, roads or rights of access. than the Vagrancy Act. The legal himself or herself in any public advice author, Mike Schwarz, told the The Anti-social Behaviour, Crime place, street, highway, court, Serious Crime Act 2007 for begging that involves Crisis roundtable discussion: and Policing Act 2014 is the main or passage, to beg or gather joint enterprise, conspiracy, or encouraging others legislation that meets the criteria the alms, or causing or procuring to commit offences. “Just because it has a higher legal advice set out. The Vagrancy or encouraging any child or potential sentence does not Act is anomalous compared with children so to do. Anti-social behaviour legislation for begging that is more modern legislation like the ‘aggressive’ (see below) mean the courts have to 2014 Act because it does not require Section 4 Criminal Justice and Public Order Act 1994 to impose a higher fine. As we all consideration of the impact of the Wandering abroad and lodging remove trespassers trying to reside on land and for know, they take into account alleged criminality on others or in any barn or outhouse, or in not leaving, aggravated trespass on private land, the nature of the offence and the motivations behind this alleged any deserted or unoccupied police powers to direct trespassers to leave, and they look at the means of the criminality. As the legal advice for building, or in the open air, or power to remove unauthorised campers. Crisis said about the Act: under a tent, or in any cart or defendant. I do not accept that wagon and not giving a good Theft Act 1968 to address burglary (i.e. trespass on [using other legislation instead “The conduct it seeks to account of himself or herself. a building with intent to steal, cause damage, or of the Vagrancy Act] would have criminalise appears to belong commit a serious assault) the unintended consequence of and to a different era. It narrowly attracting heavier penalties than Criminal Law Act 1977 to address adverse defines, and then criminalises Being found in or upon any occupation of ‘residential premises’ (which includes the Vagrancy Act.”182 dwelling house, warehouse, buildings, any land ancillary to a building such as that conduct. It does not coach-house, stable, or a garden) if any ‘displaced residential occupier’ or expressly put at the forefront of outhouse, or in any enclosed ‘protected intending occupier’ seeks possession. 2. The criteria to trigger the the authorities’ considerations yard, garden, or area, for any Anti-social behaviour legislation for offences linked authorities’ powers in modern the impact of the conduct unlawful purpose. to these areas (see below) legislation more adequately reflect on others, or indeed the Section 4 Public Order Act 1986 which addresses any the conduct and impacts of the Wandering abroad, and threatening words/behaviour or disorderly behaviour conduct that need to be addressed. interests, motivations and/or endeavouring by the exposure (or display of any sign or other visible representation The legal advice suggests that any circumstances of the alleged of wounds or deformities to which is threatening) within the hearing or sight of regulation of rough sleeping through offender.”184 obtain or gather alms. a person likely to be caused harassment, alarm or criminal law “requires a different type distress. of legislation” and one that can:183 According to Mike Schwarz, the 2014 and Act does have uses: Fraud Act 2006, which includes dishonestly making Going about as a gatherer false representation, and intending to do so to make • Provide discretion to police, local or collector of alms, or a gain for oneself or cause loss to another. authorities and prosecutors about “The [anti-social behaviour] endeavouring to procure whether and how to act when legislation has a useful charitable contributions of any working with people currently structure, which does not go nature or kind, under any false affected by the Act. or fraudulent pretence. nought to sixty miles per hour Any uses of the Act to address Police and Criminal Evidence Act 1984 includes • In the use of this discretion to focus in terms of prosecution. It says domestic abuse in a property. powers for police to take reasonable steps to on the impact of the actions on you can get an order stopping prevent a ‘breach of the peace’, including entering other people. you from doing something. a property, detaining an individual, or arresting. The order is not a criminal The police may take action where a breach of the • Allow responses to be gauged with conviction, as we know. It peace is occurring, has occurred and is likely to be the more extreme response being renewed, and is about to occur. criminal law. is a breach of the order that creates the criminal element. Protection from Harassment Act 1997 covers any • Enable courts in their work (trying There are various strands there, domestic abuse that includes stalking and the need cases, setting precedents, providing for injunctions or restraining orders. the injunctions, the criminal guidance on appeals or judicial

182 Comments to the Crisis roundtable discussion, 24 April 2019 183 Schwarz, M. (2019), Crisis and alternatives to the Vagrancy Act 1824, para. 34 184 Schwarz, M. (2019), Crisis and alternatives to the Vagrancy Act 1824, para. 33 45 Scrap the Act: The case for repealing the Vagrancy Act (1824) Vagrancy Act and legal considerations 46

behaviour orders, dispersal which included standing near a have the workhouse and compares the Vagrancy Act with more powers and so on, and which cashpoint, where it said people casual wards for them’.”190 modern legislation and says: apply this two-tier approach, would feel vulnerable or have their which I think is appropriate privacy violated.187 Home Office guidance to local “Legislation other than the because it gives some flex to authorities on the use of PSPOs is clear Vagrancy Act, if correctly and • Wakefield Council defined that the proportionality of imposing carefully applied, provides a the process. It gives a warning ‘aggressive’ begging as “A solicitation them, balanced with the impact of the shot. It gives people notice of made in person for immediate behaviour on the community’s quality better and modern framework what they should and should donation of money or another of life, must be a key consideration. within which the perceived not do. Still, I think it is defective gratuity,”188 which seems to include As part of a general emphasis on mischiefs identified by what because it does not take into more forms of begging beyond considering the needs of victims, the remains of the Vagrancy Act, account the situation of the ‘aggressive’ begging. It is very similar guidance says PSPOs “should not be can be addressed.”192 defendant.”185 to the Vagrancy Act’s definition of used to target people based solely on begging as “placing himself or herself the fact that someone is homeless or in any public place, street, highway, rough sleeping” because it is unlikely to The legal conclusion that the Vagrancy The 2014 Act is not without fault. As court, or passage, to beg or be a proportionate response. It further Act is obsolete against the three Mike Schwarz said, one continued gather alms”.189 states that councils might receive criteria set out above and that more shortcoming of this law is that it does complaints from the public and so modern legislation exists to address not take into account the situation These ideas are not new, as historian they should consider whether a PSPO perceived wrongdoing should, of the individual whose conduct is Professor Nick Crowson said to the is the appropriate response specifically however, not be read as an unqualified being controlled. There are examples Crisis roundtable in April 2019: to the behaviour in question, as endorsement of enforcement powers. of inadequately drafted orders arising well as consult with charities when from the 2014 Act. “Social attitude surveys still assessing this. It emphasises a number Putting the legal discussion in wider keep talking about the idea of times that councils should look at context, the evidence is very clear The 2014 Act has established Public whether the impact of the behaviour that enforcement activity can be truly Space Protection Orders (PSPOs) of the aggressive or the ‘fake’ in question really does affect the effective only if it is used when other that seek to control specific types of beggar. And we probably need community’s quality of life to the approaches will not work and when it behaviour in certain places. As this to understand where that extent that a PSPO is justified.191 is linked to an offer of meaningful help. report has previously highlighted, lineage comes from… it’s not If used inappropriately, enforcement begging offences under the Vagrancy something that has just been During the Crisis roundtable on action can cause extra problems or Act are the most highly prosecuted created in the last 20 or 30 repealing the Act there was discussion even harm to the individual involved. of the Act. Local authorities, police on whether there might be any further There is also a risk of harm to the and media reports have variously years and perpetuated through legal changes to existing legislation wider community as a result of not put forward the idea of ‘aggressive the media and through certain to ensure police had all the necessary quickly resolving the problems in a begging’ as a problem. However, politicians’ statements. It’s a powers to be able to manage behaviour person’s situation. the definition of ‘aggressive’ varies lineage that goes right back to associated with aggressive begging that between areas across England the early mendacity societies [in has an anti-social effect and for some Kathleen Sims, Head of Outreach at and Wales: the early 1800s]. We see it with offences covered by 'being in enclosed St Mungo’s, said outreach teams at the anti-vagrancy campaigns of the premises' (in section 4). Such changes charity can find anti-social behaviour • Newport, south Wales, banned to existing legislation could be factored legislation easier to communicate people from “aggressive begging” Edwardian and interwar years, into a repeal Bill, provided they reflect clearly to people they work with: which was defined as being within where you would have posters the principles set out in this chapter 10 metres of a cashpoint.186 distributed in the region, saying and the policy and practice approach “The powers that exist around ‘Do not give to beggars, we of having enforcement action other anti-social behaviour • Exeter Council puts forward the that leads to support when other legislation are the ones that are idea of “passive aggressive” begging, approaches will not work. more appropriate to be used, if 3. Whether the powers, once people are anti-social in their 185 Crisis roundtable discussion, 24 April 2019 186 BBC News online (2018), Cash point begging ban approved by city council, https://www.bbc.co.uk/ triggered, adequately address behaviour on the street. That news/uk-wales-south-east-wales-44947730, accessed 22 March 2019 the conduct. also helps our teams to be clear 187 Exeter Council (2016), Prohibitions and actions contained in Public Spaces Protection Order (PSPO), The legal advice document for Crisis http://committees.exeter.gov.uk/documents/s55503/APPENDIX%201B%20PSPO%20Restrictions%20 with the messaging, that, if FINAL.pdf, accessed 22 March 2019 188 Pontefract and Castleford Express (2018), ‘Aggressive beggars need to be moved out of town’, https:// 190 Comments to the Crisis roundtable on the Vagrancy Act, 24 April 2019 www.pontefractandcastlefordexpress.co.uks/news/video-aggressive-beggars-need-to-be-moved- 191 Home Office (2017), Anti-social Behaviour, Crime and Policing Act 2014: Anti-social behaviour powers - out-of-town-1-9276345, accessed 22 March 2019 Statutory guidance for frontline professionals. December 2017, p.51 189 Vagrancy Act (1824), section 3 192 Schwarz, M. (2019), Crisis and alternatives to the Vagrancy Act 1824, para.35 47 Scrap the Act: The case for repealing the Vagrancy Act (1824) Vagrancy Act and legal considerations 48

people behave in this way, these • Whether prosecution is a are the consequences that are proportionate response. going to happen to them. With the Vagrancy Act, it is very unclear The advice concludes that in relation how my teams can articulate that to rough sleeping and begging, given these criteria, it “may be argued message because it is unclear [these questions] should militate in 193 what would actually happen.” favour of taking no [legal] action or no prosecution” in the absence of any The legal advice suggests that any other, more serious offences.196 regulation through criminal law needs to give discretion to police, local The previous chapter discussed what a authorities and prosecutors about trauma-informed approach to the Act’s whether and how to take action when offences could be. An international working with people currently affected evidence review for Crisis on what by the Vagrancy Act. In the use of this works to end rough sleeping found discretion it should focus on the impact that enforcement action should have of the actions on other people and allow a limited and defined role when responses to be calibrated – and for addressing rough sleeping and that the last resort response to be criminal there is no evidence to support law. It should also enable courts in their criminalising homelessness to address work (trying cases, setting precedents, its root causes. As the review said: providing guidance on appeals or judicial reviews) to take into account the interests of people who are experiencing “The (limited) evidence on homelessness or poverty.194 the impact of enforcement on rough sleepers indicates In relation to any offence where a that, when combined with prosecution is considered, including sufficiently intensive, tailored offences under this Act, the Crown Prosecution Service must apply a and high quality support it can twofold test of whether there is enough offer a ‘window of opportunity’ evidence to prosecute; and whether prompting targeted individuals it is in the public interest to do so.195 to accept offers of temporary accommodation and/or engage In relation to sleeping rough and more constructively with other begging, the legal advice given to Crisis suggests that the public interest services. It can, however, also test criteria should include: displace rough sleepers, by ‘pushing’ them into areas that • Whether or not the offence is serious. are more dangerous and/or where they are more difficult • The culpability of the suspect and for outreach workers to find and the extent of harm to the victim. assist. Positive outcomes are • Whether the alleged offender is more likely when a personally under 18. tailored and staged approach is adopted (wherein enforcement • The impact on the community. is used as a last resort).”197 “The whole experience of the 193 Crisis roundtable discussion, 24 April 2019 194 Schwarz, M. (2019), Crisis and alternatives to the Vagrancy Act 1824, para. 34 195 Crown Prosecution Service (2013), The Code for Crown Prosecutors, https://www.cps.gov.uk/sites/ Vagrancy Act was dehumanising.” default/files/documents/publications/code_2013_accessible_english.pdf, accessed 5 April 2019 196 Schwarz, M, (2019), Crisis and alternatives to the Vagrancy Act 1824, para. 24 197 Mackie, P,, Johnsen, S, and Wood, J, (2017), Ending rough sleeping: what works? London: Crisis. p. xviii Sam, London 49 Scrap the Act: The case for repealing the Vagrancy Act (1824) The way forward 50

"I’m a British citizen who grew would have done. But I knew Chapter 7: up abroad. I moved to London at the very least it would have in 2013 hoping to improve my led to a criminal conviction, life because I was living with and the information pack that complex post-traumatic stress my solicitor had given me did disorder from abuse and neglect state that a jail sentence was a The way forward in my childhood, plus bullying in possibility. school and at work. I had some money and a credit card when I In the end I managed to Building on the case set out in previous chapters, this chapter arrived. I hoped that this would persuade the judge that I had a looks at the options for what to do with the Vagrancy Act. be enough to tide me over, but valid reason for sleeping rough, Previous chapters put forward the arguments that the Act is when the money started to run and it was thrown out of court out, I realised that homelessness in five minutes, but it caused outdated with entirely different thinking at its core and that was something I couldn’t escape months of waiting and worry. its current use remains a concern. This chapter looks at the from. There was a period of three The whole experience of the alternative approaches to the law including retaining the Act, months when I had no money Vagrancy Act was dehumanising. replacing or changing it, or repealing it in part or wholly. at all, and by that time I was also sleeping on the streets. What helped me in the end was just sticking my guns and being That’s when the Vagrancy Act assertive with the council. But This report has found that, while the rough sleeping offence, are small. was being used. The police is it really in the public interest Act is still used across England and Looking at recent trends, there is a would come and ask about my to convict people who have Wales, it is difficult - if not impossible potential course of action to allow the details. I gave them my reason the misfortune of being on - to find any enthusiastic champions Act to become obsolete through lack for being in the area. I said I the streets in the first place? for its use. There is evidence of of use rather than formal repeal or had an ongoing case with the Should they be criminals for caution and some anxiety about what reform and with the development and council about my housing, but that reason?” might happen if the Act were to be promotion of good practice in policing they didn’t really listen; I just felt repealed, including fear of unintended and support services. harassed. They also seemed to Sam, London legal consequences when replacing, conflate begging with rough amending or repealing it. The most recent declines in its use sleeping, and the two aren’t since 2014 are encouraging and the same thing. Some people As well as the legal concerns, there coincide with concerted action do beg, but I personally never is also a need to develop alternative on anti-social behaviour and the did. So I eventually stopped approaches to the Act that include development of programmes to answering their questions. scaled-up outreach and services that bring about more trauma-informed link people to support and housing; approaches and a widening of After four warnings for sleeping and more effective use of the law to preventative housing support in both rough under section 4 of the ensure that anti-social behaviour is England and Wales. However, as the Vagrancy Act, it got to a point addressed. data on historical use shows, while where I got taken to court, to the Act’s use is historically low over a the Old Bailey. I was advised by This chapter will consider the main ten-year period it has fallen to similar my solicitor to plead guilty, but I legal options to the Act. It will look at: levels in the past but then risen again. didn’t think I had done anything This also does not include the known wrong so I chose not to. The • Retaining the Act. informal use of the Act to move people way I saw it, I had a good reason on that is more common than the for being there. If I had pleaded • Replacing the Act or amending it. formal use of the Act. guilty, I don’t know what they • Repealing parts of the Act or the Research shared with Crisis by whole Act. Professor Nick Crowson shows a wide variation in apprehensions and Retain prosecutions under the Vagrancy Act One potential hesitation about over the years, including previous repealing or amending the Act is that decades, where use of the Act was the numbers of people being formally either at a similar level or lower than subject to the Act, particularly the the present day, both as a whole and 51 Scrap the Act: The case for repealing the Vagrancy Act (1824) The way forward 52

when looking individually at section primarily a police responsibility. It An alternative approach exists elements of behaviour, amending 3 or 4 offences. Put simply, there is should be a matter for wider support elsewhere in the UK, e.g. in the begging offence could only strong precedent for the Act’s use to services. Scotland, where begging and rough be attempted if it could somehow fall due to intervention or changing sleeping in themselves are not improve the anti-social behaviour socio-economic circumstances, but The recent historical decline in its use criminal offences. legislation. also a body of evidence to suggest that presents a window of opportunity it will rise again, meaning the progress to move on both practically and Taking these points into account, Of course, there are concerns since 2014 could be lost. symbolically from the Act. We cannot repeal of at least some parts of the Act expressed in wider society about the be sure how long this window will be could attract support. This report has non-criminal impact of the behaviours. At the turn of the 20th century available, so reforming or repealing the established that the various offences However, these concerns can only be the Departmental Committee on Act should be firmly on the agenda covered by the Act are applied truly addressed by tackling the root Vagrancy (1906) had similarly noted without delay. differently between areas. Section 4, causes of begging, sleeping rough, that measures against vagrants did not which relates to ‘sleeping out’ and and associated behaviours covered by work in the long-term. It said: Given the strong evidence that other wider offences sometimes linked the Act. As this report has considered enforcement should only be used to homelessness, could be repealed a number of times, this should not be “…it appears to have been sparingly and always linked to offers while not affecting large numbers primarily a matter for police and the the experience that on most of support, it is clear the response to of people. This, along with use of criminal justice system. occasions when an Act has these issues should primarily be a non- alternative legislation and continued criminal one. As a result, we cannot improvements in joint working The continued presence of these been passed or an Order or recommend the option of retaining between support services and police, offences in law and their use in circular, number of these the Act. would be likely to make a difference. practice reinforce the misplaced idea persons has fallen, only, that the police should be the lead however, to rise again gradually Reform Repeal of section 4 would not affect responders to vulnerability, trauma until the next Act or Order.”198 There is a case to consider whether the begging offences, however. This and poverty, even if these behaviours the Act could be reformed. The key report found that begging appears to are not causing harm or distress. In This is not the first time that repeal shortcomings this report has identified be the sticking point for authorities many cases, as the legal advice to or amendment has been seriously include: at present and is the part of the Act Crisis suggested, they may not be considered. In 1976, a Home Office that is most enforced. It also seems meeting public interest tests to make working party on vagrancy and street 1. How outdated and out of step the to attract a lot of media and public them worthwhile cases to pursue. The offences noted that the majority approaches in the Act are with interest. While not everyone who conclusion of the legal advice to Crisis of Chief Officers of Police that it evidence on what works in support sleeps rough begs and not everyone is that section 3 or 4 offences can be consulted “thought that threatening or services and policing. In particular, who begs sleeps rough, the two dealt with more than adequately by abusive behaviour by beggars could be evidence that a criminal justice and issues cannot be separated entirely. various items of newer, more suitable dealt with under other legislation, e.g. police response is highly unlikely in The evidence suggests a link between legislation. the Public Order Act 1936”.199 At the most cases to effectively address begging and sleeping out with wider time of the report the prosecutions for the root causes of behaviour linked forms of homelessness, which in turn Repeal begging and for sleeping out started to the Act, leading to a lack of have strong links with vulnerability, After considering the cases for to fall, reaching lows by the mid- long term impact and potentially trauma and poverty. Retaining section retaining or reforming the Act, this 1980s. However, the Act remained and repeated contacts between the 3 (begging offences) would risk report suggests that repealing the begging prosecutions rose again and individual and authorities. enforcement action against people Act would be a timely and useful reversed the more recent falls.200 who are rough sleeping and begging, step towards a better response to the 2. There is consensus that large parts making them potentially subject to the challenges of street homelessness Crisis argues that now is an ideal time of the Act (e.g. sleeping out) seem ‘pre-emptive enforcement’ that the and begging. Police forces are under to look again at the Act. Changes particularly redundant for modern Vagrancy Act allows. great pressure to deal with issues in could cut off the legal avenue for uses. which they are a leading agency, such making simply sleeping rough, begging There is consensus that ‘aggressive’ as violent crime. To ask police and and associated behaviour an offence, 3. For those subject to formal police begging should be the target of the criminal justice system to lead on but also make clear that addressing enforcement under the Act, the any legitimate enforcement action. fixing issues related to rough sleeping these activities and the vulnerabilities law seems unbalanced in focusing However, as the legal chapter and begging places extra pressure and and traumas people experience is not on the individual behaviour rather considered, the Vagrancy Act’s section unfair expectations. It also potentially than the community impact. 3 only mentions begging and not the misleads the public and business additional behaviour that could cause owners that their concerns can fully 198 UK Parliamentary Papers (1906), Report of the Departmental Committee on Vagrancy, cd 2852, p.14 alarm or distress, i.e. the ‘aggressive’ be addressed by the police or by the 199 Home Office (1976), Report of the Working Party on Vagrancy and Street Offences, HMSO: London, p.5 part. Given there is newer legislation law in isolation from better support 200 Data provided by Professor Nick Crowson: Home Office, (1975), Criminal Statistics 1974, London, Cm to deal with the alarm and distress services. 6168, pp. 68-9; and HC Deb 16 Nov 1989, vol. 160 53 Scrap the Act: The case for repealing the Vagrancy Act (1824) The way forward 54

The history of the Act shows that it This newer legislation requires the accept help. In such instances, home and the support they need to was, and still is, an overreaching piece impact of the behaviour on others to enforcement acts as an effective rebuild their life. By improving the of law that was originally intended be a material factor, so that engaging prompt for reflection and support available to people this to punish ‘vagrants’ more harshly in the behaviour defined by section change.”201 can happen. as a way to move them away from 3 or section 4 of the Act is not an their ‘way of life’. We know now that offence in itself. This is in line with The question of what to do about the enforcement without any form of policing in many parts of England and The Vagrancy Act does nothing to help Vagrancy Act is much more than just a support can cause problems and does Wales, wherein a ‘stepped’ approach is bring about these changes. Where legal matter. It represents a judgement not bring about the behaviour change adopted wherever possible, ensuring local police are asked to respond to delivered on society’s treatment the Act was originally intended to that referral to support is considered homelessness and rough sleeping, it is of some of its most vulnerable encourage. Instead, there is evidence well before any question of criminality. of course vital that they consider the members over almost 200 years. That that it can push people further away needs of communities, residents and judgement reflects poorly on the from support and cause frustration, There is merit to considering whether businesses in the round. We contend way society continues to treat visible further damage to the person, and this option could be combined with that criminalisation is not appropriate poverty, trauma and vulnerability. It wasted resources. ‘reform’, if there are cases where the in most of these circumstances and also reminds us that we are not doing view of authorities is that they might police should not be tasked with what works to end begging and rough The Act is out of step with modern still need additions or amendments working alone – without the help sleeping. People experiencing one of policing and does not support to existing legislation to make it more of outreach services – to simply the most visible and extreme forms effective joint working between fit for purpose alongside repeal of move people on or arrest them. of homelessness must have support support partners and the police. the Vagrancy Act. Of course, any This approach does not tackle the and housing to move away from the Beyond that practical complaint, the such provisions would need to be problems people have, and there is streets for good. By scrapping the Act Act is also unjust in its application, scrutinised to ensure they meet the evidence that it can also push people we can move on from an outdated with people subject to penalties principles and evidence of what works further from the help they need. piece of legislation, putting efforts and due to trauma, vulnerability and the to end rough sleeping and begging; resources instead into providing the structural factors that already put and should not recreate any of the Where long-term street homelessness support and housing that people need. them at a higher risk of sleeping rough shortcomings of the Act that this risks harm and distress to the wider and begging. These factors include report has considered. community, this needs to be addressed the shortage of affordable housing, carefully and with a flexible, patient the lack of widespread availability and assertive approach that is mindful of support services to meet their Conclusion: scrapping of the trauma that people in this needs, and broader socio-economic the Act situation have experienced. Where problems. genuinely anti-social behaviour is This report contends that people who taking place, this should be dealt In making any change to the Vagrancy are sleeping rough or begging – or with and enforcement plays a crucial Act, England and Wales would merely both – should not be punished for the role, alongside offers of housing and be following Scotland’s legal and problems that they are experiencing. support for those that need it. Of policing precedent that rough sleeping Expert outreach teams, working course, where people are engaged in and begging are in themselves not alongside health, housing and other genuine crime, such as drug dealing, crimes but that anti-social behaviour agencies, are best placed to resolve harassment or intimidation, this should can be addressed through better street homelessness and associated be taken seriously and dealt with by support and reliance on more up to issues and behaviours. Assertive, the police. date legislation. persistent, but also trauma informed outreach, when matched with offers People who are rough sleeping and/ Criminality that causes harm and of housing and ongoing support have or begging have quite straightforward distress needs to be addressed. The all been shown to have the greatest asks: “to be acknowledged, to have chapter of this report which is based chance of success. We know from somewhere safe to live, to have more on legal advice makes clear that any research that for some people: money, to sort out money problems, behaviour that society would wish to to have good relationships, to be in criminalise is covered adequately by “When combined with suitably work, and to have support.”202 Likewise, more modern legislation. However, tailored and intensive support, wider society has an interest in making police forces need to be confident however, enforcement can be sure that every person has a stable that they have the most effective powers available when they are effective in deterring someone from begging or sleeping rough 201 Johnsen, S (2016), Enforcement and interventionist responses to rough sleeping and begging: needed to carry out their roles. opportunities, challenges and dilemmas, ESRC p.3 and encouraging them to 202 Ibid. p.5 55 Scrap the Act: The case for repealing the Vagrancy Act (1824) Appendix 1 56

Appendix 1: Roundtable discussion on repeal 24 April 2019, UK Supreme Court

Attendees Observers

• Lord Bernard Hogan-Howe QPM (chair) • Georgina Manley, Ministry of Housing, Communities and Local Government

• Alex Osmond, Research Co-ordinator, The Wallich • Hannah Hart, Devon and Cornwall Local Criminal Justice Board

• Andrew Neilson, Director of Campaigns, the Howard League for Penal Reform • John Hall, Director, Ministry of Housing, Communities and Local Government

• Arfon Jones, Police and Crime Commissioner for North Wales • Liv Edwards, Ministry of Housing, Communities and Local Government

• Baljit Ubhey, Director of Prosecution Policy and Inclusion, Crown Prosecution Service

• Cuchulainn Sutton-Hamilton, Research Officer, Crisis

• Eddie Smithwick, Association of Police and Crime Commissioners

• Chief Inspector Geraint White, South Wales Police

• Kathleen Sims, Head of Outreach, St Mungo’s

• Deputy Assistant Commissioner Laurence Taylor, National Police Chiefs Council lead on homelessness and anti-social behaviour; and Metropolitan Police

• Matt Downie, Director of Policy and External Affairs, Crisis

• Matthias Kelly QC SC

• Mike Schwarz, Senior Consultant, Bindmans LLP

• Prof. Nick Crowson, Professor of Contemporary British History, Birmingham University

• Nick Morris, Policy and Communications Manager, Crisis

• Chief Superintendent Rob Jones, Metropolitan Police

• Rosie Downes, Campaigns Manager, Crisis

• Simon Trevethick, Senior Media Officer, Crisis 57 Scrap the Act: The case for repealing the Vagrancy Act (1824) Appendix 2 58

Table 4. Relevant alternative legislation to the Vagrancy Act

Appendix 2: Legal advice from Section Current offence from Some alternative Link to relevant Comment of the Vagrancy Act offences in legal material Vagrancy other legislation Mike Schwarz, Bindmans LLP Act

3 Wandering abroad, Obstruction of the highway if public S137 Highways Act 1980 It is a defence to or placing himself or pavement, road or right of access - https://www.legislation. obstruction of the highway herself in any public (s137 Highways Act 1980) gov.uk/ukpga/1980/66/ to show it was ‘reasonable’ place, street, highway, section/137 (with ‘lawful authority or CRISIS AND ALTERNATIVES TO court, or passage, to General criminal law principles excuse’). beg or gather alms, or such as joint enterprise, conspiracy, S44-45 of Serious Crime Act causing or procuring or encouragement apply to substantive 2007- For offences on private THE VAGRANCY ACT 1824 – encouraging any child or offences. E.g. s 44-45 Serious https://www.legislation.gov. land, see aggravated children so to do. Crime Act 2007 creates offence of uk/ukpga/2007/27/part/2. trespass etc. see below. ‘encouraging’ another to commit an offence. 1. INTRODUCTION 4 Wandering abroad and Power to remove trespassers present Criminal Justice and Public Note s61 applies only to two lodging in any barn or on land for the purposes of residing Order Act 1994 (CJPOA) - or more trespassers and outhouse, or in any there and offence of failing to leave https://www.legislation.gov. does not apply to buildings. 2. We have been asked by Crisis to provide an opinion on the extent to which the deserted or unoccupied such land (s61 CJPOA) uk/ukpga/1994/33/contents. actions criminalised by the Vagrancy Act 1824 (‘VA’) may now be covered by building, or in the open Aggravated trespass if private land S68 - https://www. Note that aggravated other provisions of the criminal law. air, or under a tent, or (s68 CJPOA) legislation.gov.uk/ trespass offences require in any cart or wagon Police power to direct trespassers to ukpga/1994/33/section/68. a suspect to do something and not giving a good leave (s69) more than trespass - 3. This note also touches upon police powers. It does not cover in any detail account of himself or Power to remove unauthorised Theft Act 1968, burglary - i.e. an act intended to civil law or injunctions other than where breach of an injunction might lead to herself. campers (s77 CJPOA) https://www.legislation.gov. disrupt another’s lawful uk/ukpga/1968/60/section/9. activity, and that activity is criminal liability. It is limited to the law in England and Wales. Burglary is trespass on a building happening or is about to with intent to steal, cause damage or S7 Criminal Law Act 1977 - happen. 4. We make no comment on the rights and wrongs, politically, of the criminal law commit a serious assault (s9 Theft Act http://www.legislation.gov. 1968). uk/ukpga/1977/45/section/7. Note comment in R v CPS or even likely areas of legal challenge to the VA or other parts of the criminal law. [2008] 1 Cr App R 8, that a Adverse occupation of residential prosecution under s4 VA ‘is 5. The approach we have taken in this note is as follows. First, we have identified, premises – i.e. trespassing on and should be a choice of in the table below, those provisions which remain (following repeals) of the ‘residential premises’ (this includes last resort for a prosecutor a building or aby land ancillary to a when seeking to mark VA which create criminal offences. We have also identified other criminal building, including a garden) to which suspicious conduct’. law, primarily legislation, which may be relevant to the particular activity a ‘displaced residential occupier’ or criminalised by the VA. However, it appears that the principal relevant ‘protected intending occupier’ seeks possession (s7 Criminal Law Act 1977) legislation which may apply to any or all of the VA is the Anti-Social Behaviour, 4 Wandering abroad, and Threatening words or behaviour or S5 Public Order Act Query: Might Equalities Act Crime and Policing Act 2014 (the ‘AS Act’) and so we deal with its provisions endeavouring by the disorderly behaviour (or display of any 1986 (‘POA’) - . https:// 2010/Article 14 of ECHR more fully, below the table. Finally, we make some concluding comments on exposure of wounds or sign or other visible representation www.legislation.gov.uk/ read with some other linked issues. deformities to obtain or which is threatening) within the ukpga/1986/64/section/5. Convention right apply to gather alms. hearing or sight of a person likely reduce the scope of the VA to be caused harassment, alarm or offence? 6. We have not compared maximum sentences available under the legislation distress thereby (s5 POA). referred to. There is a defence to the public order offence if one’s actions were ‘reasonable’. 7. The Anti-Social Behaviour, Crime and Policing Act 2014 (the ‘AS Act’). 4 Going about as a Fraud includes dishonestly making a S2 Fraud Act 2006 - https:// gatherer or collector of false representation, and intending by www.legislation.gov.uk/ 8. The primary legislation which may be deployed to control and criminalise alms, or endeavouring doing so to make a gain to oneself or ukpga/2006/35/section/2 behaviour currently covered by the VA appears to be the AS Act. There are to procure charitable cause loss to another. a number of key powers and provisions which may apply and these are contributions of any nature or kind, under summarised below. any false or fraudulent pretence. 9. The powers are triggered by some key criteria being satisfied, the terms (a) anti-social behaviour (b) conduct likely to cause harassment, alarm or distress 4 Being found in or See above – s4 offence of lodging Ditto – see s4 offence. Note, this offence includes (c) conduct likely to have a detrimental effect on the quality of life of others in upon any dwelling in any barn or outhouse, deserted or the phrase ‘for any unlawful a locality. The definition of each of these criteria is developed, below. house, warehouse, unoccupied building, or in the open purpose’. In R v CPS (above) coach-house, stable, air, or under a tent, or in any cart or the court ruled that this 203 or outhouse, or in any wagon. should be restrictively 10. Injunctions for anti-social behaviour enclosed yard, garden, interpreted to mean that the or area, for any unlawful defendant should be ‘then purpose. and there about to commit 203 Part 1 of the AS Act - http://www.legislation.gov.uk/ukpga/2014/12/section/1/enacted an offence’. 59 Scrap the Act: The case for repealing the Vagrancy Act (1824) Appendix 2 60

11. A court may grant an injunction if satisfied that a person has engaged or effect on the quality of life of those in the locality, or it is likely that activities threatened to engage in anti-social behaviour. ‘Anti-social behaviour’ is will be carried on in a public place within that area and that the effect of these defined204 as (a) conduct that has caused, or is likely to cause, harassment, activities will be: persistent or continuing, make the activities unreasonable, alarm or distress to any person, (b) conduct capable of causing nuisance or and justifies the restrictions imposed by the notice. A PSPO identifies the area annoyance to a person in relation to that person’s occupation of residential to which it applies, the person(s) to whom it applies, the times during which premises, or (c) conduct capable of causing housing-related nuisance or it applies and the circumstances in which it applies. It is a criminal offence to annoyance to any person. An injunction can prevent that person engaging in fail to comply with a PSPO. anti-social behaviour or impose positive obligations on them. Breach of an injunction is not a criminal offence. 20. Miscellaneous points

12. Criminal behaviour orders (‘CBO’)205 21. The definition of all offences must, of course, be read so that they are compatible with the Human Rights Act 1998 (incorporating the European 13. Where a defendant has been convicted of a criminal offence, the court Convention on Human Rights). So if/where the VA and other more modern may, when sentencing, impose a CBO. The court may do so if satisfied that alternative legislation is not compatible in its application to a particular the offender has engaged in behaviour that caused or was likely to cause defendant with one of that defendant’s rights, the defendant’s actions will harassment, alarm or distress206 to any person and that the order will help not amount to a criminal offence. Relevant rights may, of course, include in preventing the offender from engaging in such behaviour. The CBO can the right to privacy / family life (article 8), assembly and association (article prevent the respondent from engaging in anti-social behaviour or impose 11). Conversely, the legislation must also be read so it is compatible with a positive obligation on them to do something specific. Breach of such an property owners’ rights, notably to the peaceful enjoyment of possessions order is a criminal offence. and property (article 1 of protocol 1).

14. Dispersal powers207 22. We have been asked if the VA is required in order to assist the police to gain access to property in instances of domestic violence. The police have 15. The police have the power to direct a person who is in a public place in several more modern and mainstream powers to enter property. First, there a specified area to leave the locality and not to return for up to 48 hours. is section 17 of the Police and Criminal Evidence Act 1984.210 This preserves211 These powers may be exercised where the police are satisfied that applying the common law power of police to deal with a ‘breach of the peace’. A these powers in any given locality to individuals may remove or reduce the breach of the peace occurs ‘whenever harm is actually done or is likely to be likelihood of members of the public in the locality being harassed, alarmed done to a person or in his presence to his property or a person is in fear of or distressed, or the occurrence in the locality of crime or disorder. An officer being so harmed…through …[a] disturbance’.212 The police may take action may also direct that person to surrender any item in the person’s possession where a breach of the peace is occurring, has occurred and is likely to be that may be used in behaviour that might harass, alarm or distress members renewed and is about to occur. The police are entitled to take ‘reasonable of the public. It is a criminal offence not to comply with a direction. steps’ to prevent the breach of the peace and these steps may include, among other things, entering property, detaining an individual and arrest. 16. Community protection notices (‘CPN’)208 23. We have also been asked if the VA is required, more generally, to assist the 17. The police and local authorities may impose a CPN on an individual if satisfied victims and police protecting the interests of victims of domestic violence that the conduct of the individual is having a detrimental effect, of a persistent where there has been harassment and stalking, especially near the victim’s or continuing nature, on the quality of life of those in the locality, and that home. The Protection from Harassment Act 1997 (‘PHA’)213 contains a the conduct is unreasonable. A CPN can require a person to do and to stop panoply of powers to deal with such situations – e.g. the creation of the doing specific things where those steps are reasonable to tackle the identified offence of stalking, the power of courts to impose injunctions and for the detrimental effect. It is a criminal offence not to comply with a CPN. police to arrest and the CPS to prosecute those who breach such injunctions and then for courts to convict and impose restraining orders (even in the 18. Public space protection orders (‘PSPO’)209 event of an acquittal).

19. A PSPO can be imposed by a local authority if it is satisfied that activities 24. Note, even if a criminal offence of any kind might have taken place, the carried on in a public place within the authority’s area have had a detrimental Crown Prosecution Service must apply the twofold test set out in the Code for Crown Prosecutors – (a) is there enough evidence to prosecute and (b) is it in the public interest to prosecute.214 The public interest test includes 204 S2 of the AS Act. See also the police’s own definition of anti-social behaviour - https://www.police.uk/ crime-prevention-advice/anti-social-behaviour/. For the courts’ view see eg R v Janes [2016] EWCA criteria which, applied to the homeless/ those begging, it may be argued Crim 676. 205 Part 2 of the AS Act - http://www.legislation.gov.uk/ukpga/2014/12/part/2/crossheading/criminal- behaviour-orders/enacted 210 https://www.legislation.gov.uk/ukpga/1984/60/section/17 206 For examples of the courts’ definitions of these terms see eg Chambers and Edwards v DPP [1995] Crim 211 Ss(6) LR 896 an Southard v DPP [2006] EWHC 3449 Admin 212 R v Howell, [1982] QB 416, 427, CA. 207 Part 3 of the AS Act - http://www.legislation.gov.uk/ukpga/2014/12/part/3/enacted 213 https://www.legislation.gov.uk/ukpga/1997/40/contents 208 Part 4, Chapter 1 of the AS Act - http://www.legislation.gov.uk/ukpga/2014/12/part/4/chapter/1 214 See CPS guidance: https://www.cps.gov.uk/sites/default/files/documents/publications/code_2013_ 209 Part 4, Chapter 2 of the AS Act - http://www.legislation.gov.uk/ukpga/2014/12/part/4/chapter/2 accessible_english.pdf 61 Scrap the Act: The case for repealing the Vagrancy Act (1824) Appendix 2 62

should militate in favour of taking no action or no prosecution – e.g. how 35. Legislation other than the VA, if correctly and carefully applied, provides serious is the offence, the ‘level of culpability of the suspect’, ‘harm’ to ‘the a better and modern framework than the VA within which the perceived victim’, whether the alleged offender was under 18, ‘what is the impact on mischiefs identified by what remains of the VA, can be addressed. Better the community’, ‘Is prosecution a proportionate response?’. still, in addition to repeal of the VA, legislation in the area of homelessness could be looked at again and revamped to reflect the wider social issues its 25. Conclusions regulation raises.

26. We are asked for our opinion on whether there is sufficient legislation, other Mike Schwarz, Bindmans LLP, 22.4.19 than the VA and particularly in relation to substantive criminal offences, for the authorities215 to act on any concerns they may have to deal with rough sleeping.

27. We suggest that the following four questions provide a useful framework with which to consider this issue.

28. — whether and to what extent the mischief addressed in the discrete remaining VA offences216 are satisfactorily regulated by the discrete, subsequent offences;217

29. — whether the criteria which trigger the authorities’ powers in the AS Act218 adequately reflect the conduct and impacts of that conduct which need to be addressed;

30. — whether the wording of the VA offences adds anything to these criteria;

31. — whether the authorities’ powers, once triggered when the criteria are met, adequately address this conduct.

32. It is our view that the remaining provisions of the VA are now obsolete, tested against this framework.

33. They are obsolete in a number of ways. Much of the language is archaic. The conduct it seeks to criminalise appears to belong to a different era. It narrowly defines, and then criminalises that conduct. It does not expressly put at the forefront of the authorities’ considerations the impact of the conduct on others, or indeed the interests, motivations and/or circumstances of the alleged offender.

34. Others, better versed than us in the sensitive and complex policy issues around homelessness and its causes, impacts and controls, may be better placed to make this assessment, but it appears to us that the regulation, through the criminal law, of rough sleeping requires a different type of legislation. Its features should include the following. It should (a) provide discretion to the police, local authorities and prosecutors as to whether and how to act against rough sleepers (b) focus, when exercising that discretion, on the impact of their actions on others (c) calibrate responses, the last and most extreme being the application of the criminal law and (d) enable the courts, when trying cases and setting precedent and providing guidance on a criminal appeal or on a judicial review, to put in the balance the interests of the homeless and poor.

215 By ‘authorities’ we mean the police, local authority, prosecutors, courts and others. 216 Set out in the table, above, first and second columns. 217 Set out in the table, third, fourth and fifth columns. 218 Listed at para 10, above. 63 Scrap the Act: The case for repealing the Vagrancy Act (1824)

Appendix 3: Draft Vagrancy (Repeal) Bill presented by Layla Moran MP (7 February 2018)219

1. Vagrancy Act 1824 (Repeal) The Vagrancy Act 1824 is hereby repealed.

2. Consequential amendments (1) Section 70 of the Criminal Justice Act 1982 (Vagrancy offences) is hereby repealed.

(2) Section 20 of the Criminal Justice Act 1967 (Power of magistrates’ court to commit on bail for sentence) is hereby repealed.

(3) In section 6 of the Powers of Criminal Courts (Sentencing) Act 2000 (Committal for sentence in certain cases where offender committed in respect of another offence) omit paragraph (4)(a).

(4) In section 43 of the Mental Health Act 1983 (Power of magistrates’ courts to commit for restriction order) omit subsection (5).

3. Extent, commencement and short title (1) The provisions of this Act have the same extent as the provisions being repealed or amended.

(2) This Act comes into force on the day on which it is passed.

(3) This Act may be cited as the Vagrancy (Repeal) Act 2018.

219 Parliament, House of Commons (2018), Vagrancy (Repeal) Bill (Bills 2017-19 162). London: The Stationery Office. Online https://publications.parliament.uk/pa/bills/cbill/2017-2019/0162/18162.pdf (licensed under the Open Parliament Licence v3.0). ISBN 978-1-78519-064-3 CRI0220_REPORT