Homeless man wins appeal against ban on holding cup
'Community Protection Notices are being handed out like Smarties'
Monday, 20th May 2024 — By Frankie Lister-Fell

A MAN experiencing homelessness in Camden has successfully appealed against a police power banning him from holding a cup – in case it would be used for begging.
The list of rules handed down in a Community Protection Notice (CPN) issued in January when he was waiting to be moved into a hostel also outlawed him from sleeping outside businesses.
Campaigners against the CPNs – breaching them can lead to arrest and prosecution – say they are being widely used as part of an oppressive approach towards people struggling on the streets.
Elodie Berland, from homeless outreach group Streets Kitchen, told the New Journal: “The message that this CPN sends out is that the police wanted our friend to go and be homeless somewhere else.
“In the London borough of Camden, CPNs are being handed out like Smarties.
“Because they are typically imposed on the most vulnerable people in society, they are infrequently appealed. It takes a lot of work to bring an appeal.”
CPNs can only be appealed in the first 21 days, and for people living on the streets finding legal aid lawyer who will act for them in the appeal is likely to be low down on the priority list. In this case, the Camden firm Hodge, Jones and Allen took up the case.
The notices are particularly worrying to campaigners: an officer writes the terms and gives it to someone without oversight from a judge. Whereas to get a warrant, for example, an officer wanting to search someone’s home would need to apply to the court first.
The man’s CPN prohibited him from “carrying, using, distributing or leaving drugs paraphernalia in a public place”, even though it is not a criminal offence to carry drugs paraphernalia.
Ms Berland said it was not reasonable to expect the man, who was engaging with drug treatment services, to overcome his addiction issues overnight, and the terms made taking drugs unsafe.
She said: “This condition simply sets the person up to fail. It increases the risk to an individual’s health, by encouraging sharing of drug paraphernalia and needles as well as encouraging discarding of less safe equipment in public places.”
Last week, the man appeared in Highbury Corner Magistrates’ Court for an appeal hearing.
He was represented by Bríd Doherty and Sarah Flanagan of HJA and the appeal was granted.
Ms Doherty told the New Journal: “We’re delighted with the outcome of our client’s CPN appeal hearing and that he can move forward with his life without fearing that he will be criminalised for experiencing poverty, homelessness and addiction issues. I think the community support and empowerment that Streets Kitchen provides to people is amazing and invaluable.”
On Monday, human rights organisation Liberty and Streets Kitchen will host a public know your rights workshop on police interactions, including CPNs, at 6.30pm at Islington Town Hall and virtually.
A Met Police spokesperson said: “Officers are encouraged to find an alternative to arrest, including the use of the Anti-Social Behaviour Early Intervention Scheme (ASBEIS) and Community Protection Notices.
“The ASBEIS is an innovative way of managing anti-social behaviour at the earliest opportunity, alongside partners using interventions and diversions.”