Rough sleeping finally decriminalised after 200 years: ‘Homeless people are not criminals’

Rough sleeping will no longer be a criminal offence in England and Wales from today (29 June) as Labour finally consigned the Vagrancy Act to the history books.

The government has repealed the archaic act, which was first introduced in 1824 to deal with soldiers on the streets following the Napoleonic Wars, after years of campaigning from Big Issue and other homelessness organisations.

The ancient legislation made it a crime to be homeless on the street or beg. While its use has sharply declined, it is still sometimes used to move people on instead of addressing the root causes of a person’s homelessness. 

Critics argued the cruel law pushed people away from support and saw rough sleepers face the prospect of a criminal record or a £1,000 fine for being homeless.

Labour’s ban will finally see the Vagrancy Act removed from the statute book in England and Wales, joining Scotland where it has already been axed.

Housing secretary Steve Reed said: “Homeless people are not criminals, they are people who need help.

“By repealing the outdated Vagrancy Act, we are shifting from punishment to prevention, alongside our investment to tackle homelessness for good.”

The wait for the Vagrancy Act to be scrapped has been a long one.

Then-housing secretary Robert Jenrick announced the act would be axed five years ago.

It was repealed as part of the Police, Crime, Sentencing and Courts Act 2022 with the caveat that it would remain in force until replaced.

Last year Labour pledged to scrap the act by spring 2026, arguing that it fails to address the causes of rough sleeping and does not fit with the government focus on prevention as set out in its homelessness strategy at the end of 2025.

Ministers said the Vagrancy Act is unnecessary with powers already in place to tackle antisocial behaviour, including under the Anti-Social Behaviour, Crime and Policing Act 2014.

Statutory guidance will be updated to ensure these powers are used appropriately while new offences in the Crime and Policing Act 2026 will target organised begging gangs, the government said.

Homelessness minister Alison McGovern said: “Repealing the Vagrancy Act is a long-overdue step that reflects a modern understanding of homelessness.

“We are turning our backs on a centuries-old approach and instead focusing our attention on what works through providing support, preventing homelessness, and helping people rebuild their lives. 

“Our Plan to End Homelessness will drive that change, helping more people off the streets and into the security of a permanent home.”

Read more:

• Are we witnessing a turning point in how we tackle homelessness?
• When the Vagrancy Act is finally gone, its replacement must be driven by compassion
• Scrapping the Vagrancy Act won’t end the criminalisation of rough sleeping

Experts have hailed the end of the Vagrancy Act after 202 years.

Crisis chief executive Matt Downie said: “This is a watershed moment which marks the end of a deeply cruel policy of criminalising people because they are homeless.   

“We commend the UK government for standing up for what’s right and getting rid of a great injustice.

We hope this sends a powerful message about the kind of society we want: one where people experiencing homelessness are not persecuted but supported to rebuild their lives and fulfil their potential.” 

St Mungo’s CEO Emma Haddad said the move “marks an important shift towards a more humane approach”.

Bonnie Williams, CEO of Housing Justice, echoed the sentiments, arguing that an “emphasis on compassion, not condemnation” is vital to addressing homelessness.

Meanwhile, Rick Henderson, Homeless Link CEO, said: “Rough sleeping should never be a crime.”

After more than 200 years, it no longer is.

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