Vagrancy Act 1824

The Vagrancy Act 1824 (5 Geo. 4. c. 83) is an Act of Parliament of the United Kingdom that makes it an offence to sleep rough or beg. It remains in force in England and Wales, and anyone found to be sleeping in a public place or to be trying to beg for money can be arrested.

Vagrancy Act 1824
Long titleAn Act for the punishment of idle and disorderly persons, rogues and vagabonds.
Citation5 Geo. IV c. 83
Territorial extent'...in that part of Great Britain known as England'
Dates
Royal assent21 June 1824
Commencementin force
Other legislation
Amended bySs 1 and 2 repealed 36 & 37 Vict. c.91; S.3 was amended by National Assistance Act 1948 c.29, sch 7, Pt.1; Statute Law (Repeals) Act 1989 c.43, s.1(1), sch.1; Criminal Justice Act 1982 c.48, sch.14 para.1(a); Criminal Justice Act 1948 c.58,s.1(2). S.4 was repealed by Civic Government (Scotland) Act 1982 c.45, sch.4; Fraudulent Mediums Act 1951 c.33, s.2(b); Sexual Offences Act 2003 c.42,sch.6 para.2, sch.7; Justice Act (Northern Ireland) 2011 c.24, sch.8 Pt.5; Vagrancy Act 1935 c.20, s.1(2); Indecent Displays (Control) Act 1981 c.42, s.5, Sch.; Sexual Offences Act 2003 c.42, s.141,Sch.6 para.1, Sch.7; Criminal Justice Act 1925 c.86, Sch.3; Criminal Attempts Act 1981 c.47, SIF 39.1, s.8, Sch.Pt.II; Prevention of Crimes Act 1871 c.112, s.15; Criminal Law Act 1967 c.58, s.11(3), Sch.2 para.2(1)(b); Justice Act (Northern Ireland) 2011 c.24, s.111(1), Sch.7 para.1; Criminal Justice Act 1982 (c.48, SIF 39.1), Sch.14 para.1(a); Criminal Justice Act 1948 c.58, s.1(2) and Criminal Procedure (Scotland) Act 1975 c.21, s.221(2); Theft Act 1968 c.60, Sch.3,Pt.1; Public Order Act 1986 c.84 SIF 39.2, s.40(3), Sch.3. S.5 was partly repealed by Statute Law (Repeals) Act 1989 c.43, s.1(1), Sch.1; Criminal Justice Act 1982 c.48, SIF 39.1, Sch.14 para.1(b); Criminal Justice Act 1967 c.80, Sch.6 para.1; Courts Act 1971 c.23, Sch.8 para.5(a); Criminal Justice Act 1948 c.58, Sch.10 Pt.1. S.6 was repealed by Serious Organised Crime and Police Act c.15, s.178(8)(8), Sch.7 para.2, Sch.17 Pt.2. S.7 was repealed by Summary Jurisdiction Act 1884 c.43, Sch. S.8 was repealed by Police and Criminal Evidence Act (PACE) 1984 c.60 SIF 95, s.119(2), Sch.7 Pt.1. S.9 was repealed by Criminal Procedure (Attendance of Witnesses) Act 1965 c.69, Sch.2 Pt.11. S.10 was repealed by Criminal Justice Act 1967 c.80, Sch.7 Pt.1; Courts Act 1971 c.23, Sch.8 para.5(b); Statute Law (Repeals) Act 1989 c.43, s.1(1), Sch.1; Criminal Justice Act 1948 c.58, s.1(2); Criminal Justice Act 1948 c.58, Sch.10 Pt.1. S.11 and 12 were repealed by Statute Law Revision Act 1966 (c.5). S.13 was repealed by Police and Criminal Evidence Act (PACE) 1984 c.60, SIF 95, s.119(2), Sch.7 Pt.1. S.14 was partly repealed by Courts Act 1971 c.23, Sch.8 para.6(c); Summary Jurisdiction Act 1884 c.43, Sch. S.15 was repealed by Statute Law Revision Act 1950 (c.6). S.16 was repealed by Theft Act 1968 c.60, Sch.3 Pt.11. S.17 was repealed by Summary Jurisdiction 1884 c.43, Sch. S.18 was repealed by Limitations of Actions and Cases Act 1842 (c.97), s.2. S.19 was repealed by Public Authority Protection Act 1893 (c.61), Sch. S.20 was repealed by Poor Law Act 1927 (c.14), Sch.11. S.21 was repealed by Theft Act 1968 (c.60), Sch.3 Pt.II. S.22 was partly repealed by Statute Law (Repeals) act 1989 (c.43), s.1(1), Sch.1, Pt.1.
Status: Current legislation
Text of statute as originally enacted
Text of the Vagrancy Act 1824 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

Contemporary critics, including William Wilberforce, condemned the Act for being a catch-all offence because it did not consider the circumstances as to why an individual might be placed in such a predicament.

Background

The law was enacted to deal with the increasing numbers of homeless and penniless urban poor in England and Wales following the conclusion of the Napoleonic Wars in 1815. Nine years after the Battle of Waterloo the British Army and British Navy had undergone a massive reduction in size, leaving large numbers of discharged military personnel without jobs or accommodation. Many were living rough on the streets or in makeshift camps. At the same time a massive influx of economic migrants from Ireland and Scotland arrived in England, especially London, in search of work. Politicians in the unreformed House of Commons became concerned that parish constables were becoming ineffective in controlling these "vagrants". Further, the medieval pass laws which gave itinerant travelling people free movement through a given district were considered to be no longer effective.

Offences

Punishment for the wide definition of vagrancy (including prostitution) was up to one month's hard labour.[1]

The Act of 1824 was amended several times, most notably by the Vagrancy Act 1838, which introduced a number of new public order offences covering acts that were deemed at the time to be likely to cause moral outrage. It contained a provision for the prosecution of "every Person wilfully exposing to view, in any Street... or public Place, any obscene Print, Picture, or other indecent Exhibition".[2]

Although the Act of 1824 originally applied only to England and Wales, Section 4 of the Act, which dealt mainly with vagrancy and begging, was extended to Scotland and Ireland by section 15 of the Prevention of Crimes Act 1871.

The Vagrancy Act 1898 prohibited soliciting or importuning for immoral purposes. Originally intended as a measure against prostitution, in practice the legislation was almost solely used to convict men for gay sex.[3]

The Criminal Law Amendment Act 1912, extended provisions of the 1824 Act to Scotland and Ireland, and suppressed brothels.[4]

Current status

The majority of the original Vagrancy Act 1824 remains in force in England and Wales. In 1982 the entire Act was repealed in Scotland by the Civic Government (Scotland) Act. Section 18 of the Firearms and Offensive Weapons Act 1990 (Ireland) repealed section 4 of the 1824 Act (begging and vagrancy) in Ireland.[5] An attempt was made in 1981[6] to repeal Section 4 (and so, in effect, decriminalise begging and homelessness) in England and Wales, but the bill (the Vagrancy Offences (Repeal) Bill) did not progress beyond first reading.

Under the Act discharged military personnel continue to be granted exemption certificates allowing them to appeal for alms under certain circumstances.

Modern use

In 1988 some 573 people were prosecuted and convicted under the Act in England and Wales, rising to 1,396 by 1989.[7] In May 1990 the National Association of Probation Officers carried out a survey of prosecutions under the Act. That survey revealed that 1,250 prosecutions had been dealt with in 14 magistrates courts in Central London in 1988, which represented an enormous leap in the number of prosecutions under the Act, especially in London.

In 2014 three men were arrested and charged under Section 4 of the 1824 Vagrancy Act for stealing food that had been put in skips and bins outside an Iceland supermarket in Kentish Town, North London. Paul May, William James and Jason Chan were due to stand trial after allegedly taking cheese, tomatoes and cakes worth £33 from bins behind the shop. The Iceland chain denied any involvement in contacting the police, and in a public statement it questioned why the Crown Prosecution Service (CPS) felt that it was in the public interest to pursue a case against the three individuals.[8] The three men, all of no fixed address, were due to attend a hearing at Highbury Magistrates' Court on 3 February 2014. However, before that date the CPS announced its decision to drop the case, stating that it felt it had not given due weight to the public interest factors tending against prosecution.[9]

See also

References
  1. "An Act for the Punishment of Idle and Disorderly Persons, and Rogues and Vagabonds, in That Part of Great Britain Called England" (PDF). pp. 698–706. Retrieved 6 November 2013.
  2. HC Deb 25 June 1991 c861.
  3. Lacey, Brian (2008). Terrible Queer Creatures: Homosexuality in Irish History. Dublin: Wordwell. ISBN 978-1905569236.
  4. The Law Reform Commission (1985). Report on Vagrancy and Related Offences (Dublin: LRC (Ireland)) p. 6f.
  5. "Firearms and Offensive Weapons Act, 1990". Irish Statute Book.
  6. Hansard: HC Deb 24 February 1981 vol 999 cc756-8
  7. Kelly, Matthias (July–August 1990). "Using the law to punish the homeless and hungry". Childright. 68: 6–7. ISSN 0265-1459.
  8. "Three accused of stealing food from Iceland store bins". BBC News. 29 January 2014. Retrieved 18 October 2017.
  9. "Iceland food bin theft case dropped by CPS". BBC News. 29 January 2014. Retrieved 18 October 2017.
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