Don’t rap unlicensed buskers for anti-social behaviour, judges told

A busker plays the violin in central London
AFP/Getty Images

Judges were today warned that they must be “careful” before imposing sanctions for anti-social behaviour on unlicensed buskers – even if they can’t play their instruments.

The Civil Justice Council issued the advice as it disclosed that there is a “widely held view” among beggars that “busking without a licence (even with an inability to play an instrument)” does not cross the threshold for a court order to be imposed.

It said the same view applied to “passive begging” – which involves sitting on a pavement with a sign – and that that it was “certainly arguable” that “simple begging” did not meet the legal definition of anti-social behaviour.

The council, whose members include some of the country’s most senior judges, added that as a result “judges should be careful” to ensure that any begging taking place was causing “harassment, alarm or distress” before imposing an injunction on the person concerned.

The advice – which is intended to ensure that court orders are not imposed for conduct that causes lesser nuisance – came in report published today by the Civil Justice Council on anti-social behaviour injunctions.

It says that such injunctions, which were introduced in 2014, too often focus on banning activities and frequently fail to impose positive requirements which would help to address the root causes of a person’s misconduct.

The council says that this should change and that “much greater use” should in future be made of orders requiring treatment for problems such as alcohol or drug misuse that are leading to anti-social behaviour.

It adds that there is “convincing evidence that such orders can work” even with entrenched problems and also calls for each area of the country to draw up plans for how people in such situations can be helped.

As well as senior judges, those who contributed to drawing up today’s report include representatives from the police, probation, charities, housing and local government.

The Civil Justice Council is an advisory body that was set up in 1997 to provide advice to the government and judiciary.

Today’s advice does not cover the treatment of anti-social behaviour in the criminal courts where positive requirements to address the root causes of offending are more often imposed.

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