Criminalising rough sleeping in England and Wales: way forward or backward? Possible solutions to homelessness

Several nations across the globe have adopted the enforcement-based approach to address rough sleeping, which exacerbates the challenges faced by rough sleepers. This paper critically examines the ‘criminalisation’ of rough sleeping in England and Wales, arguing that the criminal law responses–including the Anti-social Behaviour, Crime, and Policing Act 2014 and the previously proposed measures in the Criminal Justice Bill 2024–in England and Wales are inappropriate to address the complex reasoning underpinning homelessness and rough sleeping. It comprehensively explores the housing policies in both nations, the causes of rough sleeping, the implications of criminalising rough sleeping, and the nexus between human rights and criminalising homelessness. Instead of resorting to punitive measures and treating rough sleepers with cruelty, this doctrinal paper which integrates perspectives from many empirical findings and extant literature, advocates for more compassionate approaches to homelessness in England and Wales.