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Football Banning Orders - Update 23:35 - Sep 15 with 2415 viewsElaine

FOOTBALL BANS

As the Crown Prosecution Service have just published new guidelines on football banning orders (see below), it’s as good a time as any to remind supporters the extent to which the Courts have power to impose such orders and how prohibitive they are in their terms.

The authority is the Football Spectators Act 1989. Under section 14A, a banning order must be made where a defendant is convicted of a relevant offence and the Magistrates are satisfied that there are reasonable grounds to believe that making a banning order would help prevent violence or disorder at or in connection with any regulated football matches. It would be quicker to list the crimes that aren’t a “relevant offence”, than those which it covers. However, it is worth noting it includes non-imprisonable offences such as causing harassment, alarm or distress under the Public Order Act 1986 and those committed on a journey to or from a football match.

A regulated football match covers the Conference up. I represented a client who was in Croydon returning home from Stamford Bridge when he recklessly caused some minor damage to a shop window. Upon conviction for criminal damage he was fined and received an Order for the minimum term of three years.

In regard to arguing there are “reasonable grounds” not to make the Order, I’m sure there are those who have successfully argued this point, but I’ve never known it to happen.

It is also worth noting that you don’t need a conviction to receive a banning order. The police can make an application to the Court for an Order where subject to the “reasonable grounds” test, the only condition that has to be met is that the person “has at any time caused or contributed to any violence or disorder in the United Kingdom or elsewhere”. This surely has to be one of the widest definitions in any statute.

Not only does a banning order prohibit a person from attending any match from the Conference up, it places a number of notification requirements which must be given the police. In turn the police are given a wide discretion in imposing additional requirements, such as reporting at a police station as ordered or surrendering your passport during England away matches or English teams playing in Europe.

As for the consequences of breaching the Order, I’ll return to my client from Croydon. He forgot to surrender his passport when England were playing a friendly in Japan and found himself back in Court for breach of his Order. It may be he had the benefit of some excellent representation, as he came away with a fine. But others aren’t so lucky, under section 14J, a breach can result in up to a six month prison sentence.

Laurence Overend

Smiths Solicitors



FOOTBALL HOOLIGANS FACE BAN FROM WORLD CUP AND EUROS UNDER CPS GUIDELINES 27 August 2013 from Crime Line Updater


The Crown Prosecution Service (CPS) and the Association of Chief Police Officers (ACPO) have today (23 August 2013) published a joint policy for dealing with violence, disorder, criminal damage and abuse in and around football matches this season.

The guidelines remind supporters that Football Banning Orders (FBOs) carry a minimum duration of three years, meaning hooligan s face a ban from travelling to a range of important upcoming football matches should they commit football-related crime this season.

Nick Hawkins, lead sports prosecutor at the CPS, said: "There is no place for criminal behaviour in football grounds and the CPS is clear about how those engaging in violent, abusive or dangerous behaviour at football matches will be dealt with; where there is sufficient evidence to bring offenders before a court on appropriate criminal charges and a an FBO is necessary, a prosecution is likely.

"With the last remaining World Cup qualifier s just a couple of weeks away, fans need to be aware that FBOs carry a minimum duration of three years. That means that anyone receiving an FBO this season will be prevented from travelling to both the World Cup 2014 in Brazil and Euros 2016 in France, as well as European Club games and Euro 2016 qualifiers. That's a hefty penalty for anyone who claims to be a dedicated follower of either a club or national team."

Deputy Chief Constable Andy Holt, National Policing Lead on Football Policing, expressed his support for the policy: "I am delighted that we can once again have a joint protocol with the CPS with regards to football-related offending.

"It's important that al l stakeholders involved in the policing of football work together, and it is particularly important we do all we can to ensure that if England qualify for the World Cup, those involved in football violence and disorder cannot attend.

"We work with the CPS to enforce football banning orders which is vital in this respect. And we are grateful to those genuine football fans who support us in dealing with those who would blight the sport with violence."

Nick Hawkins, who is also Chief Crown Prosecutor for the CPS' 24/7 charging service CPS Direct, made the point that the law -abiding majority should not be deterred from attending football matches by a minority of law-breakers.

"The overwhelming majority of football fans are well behaved and deserve to be able to attend games free from the fear of violence and disorder. We've seen a welcome rise in recent years in the numbers of families attending football matches together as a result of friendlier atmospheres inside grounds, and that's a trend that we'd all like to see continue.

"This policy should act as a deterrent to all forms of football related criminality. We stand ready to tackle emerging challenges such as pitch invasions and the use of pyrotechnics. It is illegal to enter or attempt t o enter a stadium in possession of a flare or firework and these offences have and will be prosecuted. The same goes for pitch invasions involving assaults on players; it is not behaviour that will be tolerated."

Today's announcement also lays out CPS powers for tackling all forms of abuse in football, be it in the stands, or on our computer screens. Nick Hawkins said: "In years gone by, racist and homophobic chanting in the stands was an ugly feature of football matches across the country, but I believe we are beginning to see a shift in culture. Organisations such as 'Kick It Out' and Stonewall have done much to tackle the root causes of hate crime in football, but hate crime legislation has a large part to play in this ongoing culture change; there is no room in the eyes of the law for racist or homophobic abuse on the pitch or in the stands.

"But it's not just criminality in the stands that will be taken on. Our legal guidance on communications sent by social media clearly sets out how we will approach the abuse of players or fellow supporters online and I'm glad to say we have the full support of the FA and the PFA in this field.

"There is obviously a place for appropriate humour in football, and we mustn't lose sight of that. Decent, law-abiding football fans deserve to be reassured that the criminal justice system is better equipped than ever before to protect their right to follow their teams in safety, whilst players, referees and supporters should know that harassment and abuse against them will not be tolerated. Let's make this season one to be proud of in all possible ways."

- - - - - - - -

Darren Bailey, Director of Governance and Regulation for The FA, said: "The FA welcomes the CPS' policy and wholeheartedly supports its ambitions in continuing to make football a safe environment for everyone. We can be pleased with the strides that the whole of the game has taken in tackling negative behaviour, but we have to continue to eradicate disorder wherever it exists."

Bobby Barnes, Deputy Chief Executive of the PFA said: "We welcome the CPS initiative with regard to dealing with disorder around football matches. As the players' representatives the safety of players on a pitch, which is their place of work, is paramount, therefore we welcome strong sanctions against those who trespass onto the playing area. We also welcome all the initiatives designed to ensure that football grounds remain safe and inclusive places for all who wish to attend the game. By working together as stakeholders, governing bodies and authorities we can ensure that the sport we all love remains the major sport, not only in this country, but around the world."

Roisin Wood, Director for Kick It Out, football's equality and inclusion campaign, said: "This is an important message; at Kick It Out, we've taken our own measures to help the tracking and reporting of discrimination at the beginning of this season, with a free downloadable app and a new text line being just some of the new reporting mechanisms. As an independent charity, however, Kick It Out can only do so much, so strong guidance from those with power and resource, as we've seen here, is something we welcome."

Stonewall Policy Officer Alice Ashworth said: "We welcome the fact tha t the new policy on football related offences addresses homophobic chanting for the first time. Stonewall research shows that anti-gay abuse continues to be all too common in football and deters gay fans, as well as many families, from attending matches. Most football fans agree that homophobic abuse has no place in the game and the overwhelming majority support the police charging fans for homophobic chanting in the most serious cases."




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