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Football Banning Orders - Update
at 23:35 15 Sep 2013

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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RamZone Founder Gets Married!!
at 00:39 22 May 2012

Congratulations to the founder of RamZone, Norwegian Arild Sand who was married on Saturday in Shelbyville, Kentucky, USA to the lovely Evelyn Perrin.
The happy couple are going to make their home in Norway.

I will be going over to Norway soon to celebrate in the 'European' part of their wedding and hope to have some exclusive photos to share.

Congratulations, good health and many happy years together Evelyn and Arild!
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Hello from Moscow!
at 23:41 11 Oct 2010

Hello from Moscow, staying in a hotel right opposite Dinamo Moscow's stadium which appears to be having a facelift.
Went up to see Spartak's stadium last night too on the other side of the city.
Saw Zenit St Petersburg stadium last week
Weather in Russia is simply amazing, hit 20 degrees almost every day for the last week. They can't believe it, clear blue skies & sun - but snow expected over the next few days!!
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Hello from Milan!
at 22:32 3 Sep 2010

Well Bergamo actually, about 35 miles east of Milan and a fabulous city, home of Atalanta Football Club.
I've been hoping to bump into Paolo Maldini but no such luck!

Just passing through the airport on the way back from Italy's big toe, some great routes through here and back to East Midlands

Super shopping mall smack bang opposite the airport too........
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England Jokes
at 17:20 19 Jun 2010

Post them on here

BREAKING NEWS - Capello is to replace Rooney with the England fan who got into the changing room, as he is the only man in South Africa wearing an England shirt who looks capable of breaking through any kind of defence.
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Skint & Homeless (allegedly) My heart bleeds.....
at 09:16 18 Jun 2010

From yesterday's Derby Telegraph...

Skint, homeless and claiming jobseeker's allowance

A DISGRACED Derby County boss who frittered away £1 million in six years is
now homeless, with just one bag of clothes — and is claiming £65 a week
jobseeker's allowance.

Former Rams' director of football Murdo Mackay, convicted of conspiring to
defraud the club, has had his home repossessed. And he has not seen his
wife for a year, after she fled to Spain with their children.

Mackay, 54, has been living on hand-outs from his brother since he was
released from prison in February.

He said: "I've lost everything."

The Scottish businessman started working for Derby County in 2002 under
ex-chairman Lionel Pickering, when he was asked to help oust the club's
manager, John Gregory.

He then helped broker a £15 million takeover of the club in October 2003.

But his fall from grace was completed last year when he and ex-finance
director Andrew Mackenzie were convicted of conspiring to defraud the Rams of
£375,000, plus VAT.

The money was taken in "secret commissions" to hide it from the fans.

A hearing is being held at Northampton Crown Court to determine what cash,
if any, can be claimed back.

Howard Godfrey QC, for Mackay, quizzed him yesterday about the state of his
finances.

He said: "Since you left prison in February, you told us you lived with
your brother. Do you pay him anything for your board and keep?"

Mackay said: "I do not, your Honour. He has supported me completely."

Mr Godfrey asked: "Do you have a job?"

Mackay replied: "Presently, not."

Mr Godfrey asked: "Have you an application through the job centre for
jobseeker's allowance?"

Mackay said he had and that he was claiming "about £65 a week", his only
income.

Godfrey asked: "Do you have a car?"

Mackay said he did not.

"Aside from the clothes you stand up in, do you have any other realisable
assets?" asked Mr Godfrey.

Mackay said: "I do not."

Richard Sutton QC, prosecuting, said Mackay had spent more than £1 million
in the course of six years, from 2002 to 2008 — an average of about
£170,000 every 12 months.

"That's correct," replied Mackay.

Mr Sutton said: "You are telling the court you do not have a penny of that
left, not a penny to show for it?"

Mackay said: "I do not have one penny."

When pressed as to where the cash had gone, Mackay said it had been spent
on looking after his family and paying for the education of his children.

He said that, if he had any money, he would not have allowed his family
home in Fife, Scotland, to be repossessed.

But Mr Sutton challenged him: "I suggest that you had a lot of money going
through your hands and it has not all disappeared in reality, even if it
has disappeared from the eyes of those looking for it."

Mackay said that, if that was the case, he would not be in the UK "with one
bag of clothes, living with my brother, on £65 per week".

The prosecution is seeking to confiscate the assets of Mackay, Mackenzie
and ex-Rams chief executive Jeremy Keith — convicted of false accounting —
to pay back the money taken from the club.

At yesterday's hearing, Mackenzie, 56, of Littleover, also gave evidence
about his finances.

He said the value of his holiday home in Florida, bought with his portion
of the club's cash, had fallen dramatically in value.

Mackenzie and his wife bought the property in 2004 for $471,900. It is now
worth $287,569.

He is driving around in an old Mercedes worth about £1,000, he said.

Keith, 45, who gave evidence earlier, lives in a £1.3 million house in
Oxfordshire and has been doing consultancy work since he was released from jail
in December.

Confiscation proceedings are also being held in regard to solicitor David
Lowe, of Monaco, who was convicted of money laundering after he helped
transfer some of the Rams' cash.

The court has heard his assets have been valued at more than £1 million.

A decision is expected in the coming weeks on whether or not the trio will
have to pay back money to Derby County.


[Post edited 1 Jan 1970 1:00]
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Our Man in South Africa!
at 18:26 14 Jun 2010

My son Oliver is writing for the DET and also reporting for Radio Derby - he should be on live tomorrow morning between 8.30 - 9am (UK time) I think you can listen live. I am also due to be on to talk about things fans can do between games in various South African cities.

http://news.bbc.co.uk/local/derby/hi/

His DET column should be online after today but meanwhile here's his first column

OLIVER DEAN’S DIARY

MY World Cup hardly got off to the best of starts — Kenya Airways lost my suitcase!

Luckily I managed to get it in time for the England game so all was well in the end.

We arrived in Johannesburg in time to watch the opening game on the TV in a pub, before watching the Uruguay v France game at the pub in the evening.

The atmosphere was brilliant, with all the vuvuzelas making plenty of noise.

Me and my mates are staying in an apartment in one of the districts of Johannesburg and on Saturday we made the two-hour drive from there to Rustenburg, which was in the middle of nowhere.

We got there at 3pm and it is quite a tribal area, with a few houses dotted around.

One was a kind of house-pub with a big garden where we could all mill around before the England match in the evening. There were some TVs inside so we were able to watch the Argentina game against Nigeria while we waited in the afternoon.

American fans were there too and the atmosphere was great with some good banter but I don’t think the owners were expecting anywhere near as many people as the numbers that turned up and the bar soon ran out of beer.

Once we were finally inside the ground I was stunned by how many England fans were there. They outnumbered the amount of American supporters inside the ground quite easily.

It was strange driving down to the game because we kept passing cars with South African flags attached to them but when you looked inside the people were wearing England shirts. There was terrific support for England.

Inside the ground there was a lot of fancy dress and near us there were four fans dressed up as Fabio Capello, with the suits and big glasses.

It was a fantastic start to the game for England but, obviously, the result in the end was disappointing and there were some fans grumbling afterwards about travelling all the way to South Africa to watch that.

We were sat behind the goal in which Robert Green made his mistake that gave the USA their equaliser in the first half. But we were sitting quite low down so we couldn’t see very clearly what actually happened.

It looked like an innocuous shot and we were only aware of the mistake by Green when we heard the groans around us. Everyone was shocked.

It was interesting watching the reaction of the other England players. They didn’t go over to say anything to Green, they just headed back to the centre circle.

I think a few of the fans were questioning some of Capello’s decisions before the game started. Some didn’t want to see Green in goal, while others were surprised to see James Milner start the match, only to be substituted quite early on.

But, hopefully, we will get it right for the next game against Algeria.

Before then, we have got tickets for Holland against Denmark in Soccer City in Johannesburg today and then we are going out to Cape Town on Tuesday to have a look around before England’s next game there against Algeria on Friday. But it’s a 15-hour drive to Cape Town, so I’m not looking forward to the journey ….


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Vuvuzelas - yes or no?
at 16:44 14 Jun 2010

Vuvuzelas are certainly THE SOUND of this World Cup - which we were promised they would be. However, they seem to be splitting fan opinion. Some people are being driven mad by them and others think they are simply part of South African culture and create the atmosphere out there.

I'm in the latter group, I think they are GREAT!

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