PEOPLE who have walked free from a criminal court could see the allegations against them revived in order to serve them with an Asbo if a Dorset council gets its way.

The idea, being pressed by Purbeck District Council, has been attacked by civil rights group Liberty.

Purbeck plans to ask the High Court whether it can use discontinued criminal cases in applications for an antisocial behaviour order.

It came about after the council applied for an order against an individual in a case which will be heard in October.

A district judge has ruled the council can't use behaviour that was evident in cases that have been adjourned, discontinued or dismissed in its application for an Asbo.

A council spokesman said: "The council wishes to use these cases, but relies on the course of conduct, or behaviour, not the specific case.

"The district judge ruled that the council could not do this.

"The council wishes the opinion of the High Court on these matters."

If the council is successful, it could open the floodgates for others to do the same when applying for Asbos.

But human rights organisation Liberty said it agreed with the judge.

Legal director James Welch said: "When a defendant in a criminal trial has been acquitted, he should be allowed to put the allegations behind him and get on with his life.

"The judge was right to rule that a council cannot resurrect the same allegations as grounds for getting an Asbo."

The council is also facing a hurdle to get its challenge heard.

It has applied to the district judge to state the case to the High Court, but so far has been told that an ongoing case cannot be stated, except in exceptional circumstances.

The authority says its view is that such circumstances exist and is waiting for a reply.

The spokesman added: "There is no legal precedent that deals with use of discontinued criminal cases in ASBO applications.

"If we go to the High Court we will get clarification for our own Asbo application.

"It will lay down precedent for future Asbo applications for local authorities and responsible authorities as defined by legislation."