Written evidence on the Criminal Justice Bill

It has been a long-held view of St Mungo’s that the Vagrancy Act of 1824 should be repealed without introducing replacement legislation. It is somewhat timely that this year marks the legislation’s 200 th anniversary. We have worked with sector partners and politicians from all parties and campaigned on this issue in recent years. We have taken this approach in order to support the clients we work with and protect those who are experiencing rough sleeping.

In the 2018 Rough Sleeping Strategy, the Government made a commitment to launch a review of homelessness and rough sleeping legislation, including the Vagrancy Act 1824, to ensure that our laws create the right environment to deliver effective services and engage constructively with vulnerable people.

In 2022, the Government consulted on replacement legislation regarding begging, but rough sleeping was not mentioned. Despite no consultation on this rough sleeping element and very little evidence of support from the consultation on replacement legislation, it is disappointing that the Government is bringing forward replacement legislation via the Criminal Justice Bill. We are concerned about the measures on nuisance rough sleeping and nuisance begging within the Bill .

In February 2022, both Houses of Parliament supported the repeal of the Vagrancy Act through an amendment to the Police, Crime, Sentencing and Courts Bill in a landmark decision to reject the antiquated laws that criminalises rough sleeping. This Act passed in April 2022. However, no commencement date was included so the Vagrancy Act technically remains in place.

We do not think that new replacement legislation is appropriate or needed, as it would result in the continued marginalisation and criminalisation of people who are homeless or at risk of homelessness. Though it is true that someone who is begging may not necessarily be homeless, there is a clear overlap between the two, as well as links of poverty, destitution and poor health. We recognise that some forms of begging can be problematic but the increased severity of the measures in this Bill are disproportionate.

Our full submission can be read here.