Just a short note about an ASBO case that was decided in the Divisional Court today – Birmingham City Council v Dixon (18.3.09).

Imagine, if you will, that a local authority applies for an ASBO against “X”. After the application is issued, but before the final hearing, X continues to act in an anti-social manner. Can the local authority rely on those “new” incidents in the substantive ASBO application?

Yes, said the Divisional Court. It goes both to propensity to carry out the original acts of ASB complained of and certainly goes to the necessity (see s.1(1)(b) Crime and Disorder Act 1998) to make the order. If, however, the local authority wants to rely on those acts so as to prove that the defendant has acted in an anti-social manner (see s.1(1)(a) Crime and Disorder Act 1998), then it would need to seek leave to amend the original complaint.