An order against a persistent and sometimes aggressive beggar in the town centre has been reinstated following a hearing at the Court of Appeal.

Swindon Borough Council made the order against Daniel Abrook in April 2022, which banned him from begging, sitting on the ground in public, or within 20 metres of a parking pay and display machine carrying any sharp or pointed objects in public, or discarding such equipment, defecating or urinating in public or “acting in a way which was likely to cause alarm harassment or distress to any person”.

But that was overturned last year by a District Judge, he decided that Mr Abrook had engaged in ‘passive’ begging rather than ‘aggressive’ begging, in a case where he had admitted breaching the order four times.

The district Judge dismissed the order against Mr Abrook

The council took the case to the Court of Appeal where the case was heard by Lord Justice Singh, Lady Justice Elisabeth Laing and Lord Justice Edis.

The judgement document says: “The question of principle is whether ‘passive’ begging is [anti-social] behaviour, or whether begging is not anti-social behaviour unless it is also ‘aggressive’.

“As will become clear, the right question, rather, is whether the behaviour of a respondent has caused, or is likely to cause, harassment, alarm or distress.”

The court heard a statements from Swindon PCSO Sims which said: “Mr Abrook’s behaviour included ‘constant begging’ which was causing ‘harassment alarm and/or distress to local residents and local business owners’. 

The local police, she said, “had 'reasonable grounds to suspect that [Mr Abrook] was having a detrimental effect on the quality of life’ of others in the local area. ‘This is due to his persistent begging while loitering and undertaking nuisance behaviour. This is causing harassment alarm and distress to members of public, residents and business owners’.”

The statement said Mr Abrook was addicted to heroin and was pretending to be homeless, carrying a duvet on to the streets, in order to beg for money to buy drugs.

It added Mr Abrook had been seen to be given food by members of the public many times, but he merely threw it away.

The judgement of the council’s appeal, written by Lady Justice Laing said: “I do not consider that a distinction between ‘aggressive’ and ‘passive’ begging is useful.

“The District Judge was wrong to discharge the order. I would remit the case to county court for it to sentence Mr Abrook for the four breaches which he admitted at the earlier hearings.”