Leeds City Council v RG [2007] EWHC 1612 (Admin), [2007] All ER (D) 114 (Jul)
The period of an ASBO made under s 1(1) of the Crime and Disorder Act 1998 can be extended on an application to vary its terms under s 1(8). An application to impose more stringent obligations on a defendant can succeed only if the applying authority can put before the court material which justifies the extension as necessary in order to achieve the statutory objective.
The usual burden and standard of proof apply to the determination of that question. In the case of an application to vary length, the applying authority has to persuade the court that it is appropriate to do so rather than make an application for a new ASBO.
There must be a clear rationale for asking for an extension of an ASBO for less than two years, namely that the authority does not consider that it is necessary to have a further period as long as the minimum period of two years.
