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.

This entry was posted on Monday, March 11th, 2024 at 3:21 pm and is filed under Local Authority Powers. You can follow any responses to this entry through the RSS 2.0 feed. Responses are currently closed, but you can trackback from your own site.