Plans to criminalise homelessness have been dropped in the face of a Conservative backbench rebellion.
Rough sleepers will only be prosecuted if they harass people, engage in anti-social behaviour or intimidate the public under government concessions to head off the revolt.
James Cleverly, the Home Secretary, has dropped plans that would have given police powers to fine or move on rough sleepers for any nuisance, including having “an excessive smell”.
More than 40 Tory MPs had threatened to rebel over the plans originally put forward by Suella Braverman, his predecessor, claiming they were so broadly drawn that a homeless person could be prosecuted simply for sleeping in a doorway.
The concessions will be laid out by the Government in amendments to the Criminal Justice Bill ahead of a vote on Wednesday scrapping the Vagrancy Act, which criminalises people who sleep rough.
Mr Cleverly said: “Nobody should be criminalised for having nowhere to live, but as we have always said, we will not accept behaviour that is antisocial or intimidating to the public, such as rough sleeping in a way that blocks a local business or fire escape.”
Police guidance
Police will be issued with guidance stipulating that they should aim first to engage with homeless people and offer them support rather than criminalising them.
If an individual is causing antisocial behaviour or intimidating the public, they could be served with a notice that could require them to stop behaving in that way or move on.
If they ignore such a notice without reasonable excuse, it could be prosecuted as a criminal offence and lead to the imposition of a court order for which they could be fined and ordered to attend drug treatment.
The Government will also remove references to “smells” which had been taken to open the way for prosecuting a rough sleeper not able to wash. The Home Office said it had been intended to tackle dumped rubbish or human waste.
Ministers are also rewriting the Bill to remove suggestions that rough sleepers could be handed court orders if they were felt by police to be “capable of causing damage or distress” or “intended” to sleep rough or “gave the appearance” of sleeping rough.
Maximum fine dropped
Fines will be at the discretion of courts instead of setting a benchmark maximum of £2,000 which critics had claimed was an unrealistic amount for a homeless person.
A rebel MP source said the Government had made significant concessions while accepting the need to scrap the Vagrancy Act.
Mr Cleverly and Chris Philp, the policing minister, both insisted that the Government remains committed to ending rough sleeping – although the latest snapshot figures for England released earlier this year showed the number of people recorded sleeping rough on a given night had risen by 27 per cent in one year to 3,898.
Expert group The Kerslake Commission on Homelessness and Rough Sleeping last year predicted that the Government will not meet its target to end rough sleeping by the end of this Parliament, which was a 2019 Conservative manifesto commitment.
Mr Philp said: “Ending rough sleeping is a key priority for the Government and is why we have a plan to tackle the root causes of why people end up on the streets, backed by an unprecedented £2.4 billion.”
‘Powers not needed’
Crisis, the homelessness charity, said it was “pleased to see the Government has removed some of the more outrageous measures contained in the Bill”.
But Matt Downie, the organisation’s chief executive, said that “sadly the premise of the proposed laws remains the same”.
He said: “People forced to sleep rough will continue to be viewed as a nuisance and they will remain at risk of fines and prison sentences. This is unacceptable. We have said time and time again that these powers are not needed.”
William Turner is a seasoned U.K. correspondent with a deep understanding of domestic affairs. With a passion for British politics and culture, he provides insightful analysis and comprehensive coverage of events within the United Kingdom.
