Nearly 2,500 homeless people arrested under 200-year-old law in past five years

Merseyside Police made the most arrests under the Georgian era law, followed by West Midlands Police and Devon and Cornwall

Critics say the Government’s plans could lead to people being arrested for having an ‘excessive odour’ (Yui Mok/PA) (PA Wire)

Nearly 2,500 homeless people in England and Wales have been arrested in the past five years under the 200-year-old Vagrancy Act, new figures have revealed.

There have been a total of 2,412 people arrested under the Act created in 1824, which was originally introduced to combat the increased number of rough sleepers following the Napoleonic wars.

The law criminalises rough sleeping and gives police the power to arrest and prosecute any homeless person found begging in public.

Merseyside police made the most arrests under the Georgian era law, arresting 866 people, followed by West Midlands Police, with 307, and Devon and Cornwall, with 135.

Campaigners have urged the government to repeal the Vagrancy Act and amend the Police, Crime, Sentencing and Courts Bill.

In April 2022, the government announced they will repeal it, but have yet to do so stating that it will not come into force until they introduce “appropriate replacement legislation".

It comes as Rishi Sunak faces a Tory revolt over plans to criminalise homelessness as part of the Criminal Justice Bill.

The plans as they stand would grant police the power to fine “nuisance” rough sleepers, a definition that includes “excessive noise” and “smells”.

It would alsomake it a criminal offence to sleep rough where someone is causing or, could potentially cause, damage, distress, or a health and safety risk.

Failure to comply with a nuisance rough sleeping prevention notice carries a punishment of up to one month in prison.

The figures, revealed through an Freedom of Information Request from the Liberal Democrats, also found that since the government announced they would appeal the act, a further 469 homeless people have been arrested.

The number of people estimated to be sleeping rough on a single night was 3,898 in 2023 – an increase of 27 per cent from 2022, according to official government statistics.

Liberal Democrat MP for Oxford West and Abingdon Layla Moran, who spearheaded the cross-party campaign to scrap the Vagrancy Act, said: “It is shocking that police continue to have the powers to arrest rough sleepers due to the government’s delay in replacing the Vagrancy Act and to use those powers to such great effect. No one should be criminalised for sleeping rough, especially by a piece of legislation passed in the Georgian era.

“The Criminal Justice Bill is just the Vagrancy Act 2024. Experts across the sector have long advocated for a compassionate approach to homelessness. But instead, this government is intent on treating rough sleepers with cruelty and criminalisation.”

A government spokesperson said: “We are determined to end rough sleeping for good and we have a plan to tackle the root causes of why people end up on the streets, backed by an unprecedented £2.4 billion.

“We are repealing the outdated Vagrancy Act and replacing it with new legislation focused on supporting people to get off the streets, while allowing local authorities and the police to address behaviour that can make the public feel unsafe, such as begging at cashpoints.”