This memorandum summarises the laws that may be used in England and Wales to impose criminal sanctions on the homeless in relation to their everyday activities. We have not included details of legislation that penalises other, more obviously criminal activities (such as drug use, or prostitution), which the homeless may engage in. For each type of activity, we set out a summary of the relevant legislation that may result in a homeless person committing an offence, and describe what has to be proved in order for that person to be found guilty of the offence. We also set out the penalties that may be imposed.
Where possible, we have identified evidence and/or examples of when such offences have been committed by the homeless. We have also identified key reports that may assist FEANTSA in collecting more information on the practical use of the legislation we have identified. It may be beneficial for FEANTSA to contact some of its local partners in the UK in order to identify further practical experience in this area.
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