Meaning of ‘anti-social behaviour’ when granting anti-social behaviour injunctions (Swindon BC v Abrook)

Public Law and Judicial Review, Housing

Swindon Borough Council successfully appealed against a decision by a District Judge to discharge an anti-social behaviour injunction (‘ASBI’) which prohibited begging. The Court of Appeal offered useful guidance on the meaning of ‘anti-social behaviour’ for the purposes of section 2(1) of the Anti-Social Crime, Policing and Behaviour Act 2014 (ABCPA 2014). In particular, it confirmed that begging may satisfy this definition provided it causes (or is likely to cause) harassment, alarm and distress. The judgment further confirmed that the County Court has no jurisdiction to discharge ASBIs of its own initiative, absent an application by one of the parties.

Read the full article by Tara O’Leary, barrister at Cornerstone Barristers, on LexisNexis here.

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