An application had been made for an anti-social behaviour order against the defendant. The council sought at the hearing to bring evidence as to his continued behaviour after the application had been filed. The council now appealed against the non-admission of the evidence.
Held: The District Judge had been wrong not to admit the evidence. Evidence of later behaviour could not be used to enlarge the allegations put, but could operate as evidence to support the proof of the behaviour alleged in the application.
Lord Justice Richards and Mr Justice Tugendhat
[2009] EWHC 761 (Admin), (2009) 173 JP 233
Times, Bailii
Crime and Disorder Act 1998 1(1)(a)
England and Wales
Criminal Practice
Updated: 01 November 2021; Ref: scu.334623
