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Swindon Borough Council v Daniel Abrook

[2024] EWCA Civ 230
A judge let a beggar off an order to stop begging, but a higher court said the judge was wrong. The higher court said begging can be anti-social behavior if it bothers people, even if it's not aggressive begging. The judge should have punished the beggar for breaking the order instead of letting him go.

Key Facts

  • Swindon Borough Council (Appellant) appealed the discharge of an anti-social behaviour injunction (ASBI) against Mr Abrook (Respondent).
  • The ASBI prohibited Mr Abrook from begging, sitting on the pavement, and other activities in Swindon.
  • The District Judge discharged the ASBI, reasoning that 'passive' begging isn't anti-social behaviour unless aggressive.
  • Mr Abrook did not participate in the appeal.
  • Mr Abrook has a history of begging and breaching previous orders, often related to drug addiction.
  • The appeal considered whether 'passive' begging constitutes anti-social behaviour under the Anti-social Behaviour, Crime and Policing Act 2014.

Legal Principles

The definition of 'anti-social behaviour' in the Anti-social Behaviour, Crime and Policing Act 2014 focuses on whether conduct has caused, or is likely to cause, harassment, alarm, or distress.

Anti-social Behaviour, Crime and Policing Act 2014, Section 2(1)(a)

The court must consider whether it is 'just and convenient' to grant an injunction to prevent anti-social behaviour, even if the behaviour isn't inherently anti-social.

Anti-social Behaviour, Crime and Policing Act 2014, Section 1(3)

A power of arrest should not be attached to an injunction routinely; it requires evidence of violence or significant risk of harm.

Anti-social Behaviour, Crime and Policing Act 2014, Section 4(1)

Without-notice injunction applications should be exceptional and justified to prevent serious harm.

Anti-social Behaviour, Crime and Policing Act 2014, Section 6 and Guidance

Sentences for breaching ASBIs must be proportionate to sentences for similar criminal offences.

Lovett v Wigan Borough Council [2022] EWCA Civ 1631

Outcomes

The Court of Appeal allowed the Council's appeal on all five grounds.

The District Judge erred in discharging the ASBI without the proper application, failing to distinguish between the conditions for granting an ASBI, and misinterpreting the definition of anti-social behaviour.

The case was remitted to the county court to sentence Mr Abrook for admitted breaches of the ASBI.

The District Judge lacked the power to discharge the ASBI sua sponte (of his own motion), and should have sentenced Mr Abrook for the admitted breaches.

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