March 11th, 2024 by James Goudie KC

Swindon Borough Council v Abrook ( 2024 ) EWCA Civ 221 concerns anti-social behaviour for the purposes of Part 1 of the Anti-social Behaviour, Crime and Policing Act 2014, in the context of begging. The Court of Appeal holds ( paras 108-111 inclusive ) that ( 1 ) a  distinction between “ aggressive “ and “ passive “ begging is not helpful : it should not be substituted for the statutory test; ( 2 ) the fact that the impugned conduct falls within the statutory definition is not enough : the Court must also be satisfied that it is just and convenient to make an Order; ( 3 ) a power of arrest should not be attached toman Order as a matter of course; and (4 ) applicants must observe the restrictions on without notice applications and interim injunctions.

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