Begging, or not? Legal situation.

[RamblinRosie]

Background: there are two men locally who sit in private areas, owned by supermarkets or shopping areas. They do not ask for money, but they do have cups for donations.

(They are clearly genuinely homeless, I have seen evidence.)

Are they, technically, begging? Can they be moved on by PCSOs?

I’m not interested in opinions or moral judgements, I just want to understand the legal position.

Presumably they could be causing a disturbance?

Yes they are technically begging but if they are causing no trouble there's no reason for the police to get involved.

No, no disturbance. They both just sit. They don’t ask for money, but they accept donations. If asked, they will sometimes request food or drinks.

They are both nice men, always courteous, never aggressive, one has a dog, a lovely staffie that’s great with people. They have a large number of people who support them.

I just want to know if it is legal for them to be moved on by
PCSOs whilst on private land.

HonestLawyer Are they actually begging if they do not ask for food or money?

I realise that the 1824 Vagrancy Act is being applied, however, does this apply on private land? And, if someone does not directly request money or food, are they a mendicant?

I can find dictionary definitions, but not legal ones.

Yes they can if the shop managers (or whoever) have asked for them to be moved.

On what legal basis? What specific legislation? Does the 1824 Act apply? Is it not a civil matter?

When travellers occupy private land, do the owners not have to take civil action ?

Link to the Act: www.legislation.gov.uk/ukpga/Geo4/5/83/contents

Depends where you are. Its not an offence in Scotland. We (Police) get regular complaints about beggars but if theyre sitting minding their own business nothing is done - much to the annoyance i imagine of those complaining

They are in a public place so the 1824 Act applies. In law a public place is anywhere the public are allowed access, even if they have to pay to go there. The fact the land is privately owned is irrelevant.

Thanks, much appreciated.