Yes we are very much away of this its called section 14 b as opposed to section 14a...
explained here in notes I have on this subject and something that we are concerned about at the FSF.
What are section 14a banning orders?
14A Banning orders made on conviction of an offence.
(1)This section applies where a person (the "offender") is convicted of a relevant offence.
(2)If the court is satisfied that there are reasonable grounds to believe that making a banning order would help to prevent violence or disorder at or in connection with any regulated football matches, it must make such an order in respect of the offender.
(3)If the court is not so satisfied, it must in open court state that fact and give its reasons.
(4)A banning order may only be made under this section--
(a) In addition to a sentence imposed in respect of the relevant offence, or
(b) In addition to an order discharging him conditionally.
(5) A banning order may be made as mentioned in subsection (4)(b) above in spite of anything in sections 12 and 14 of the Powers of the Criminal Courts (Sentencing) Act 2000 (which relate to orders discharging a person absolutely or conditionally and their effect).
Definition
In this section, "the court" in relation to an offender means--
(a) The court by or before which he is convicted of the relevant offence, or
(b) If he is committed to the Crown Court to be dealt with for that offence, the Crown Court.
What are section 14b banning orders?
Banning orders made on a complaint.
(1) An application for a banning order in respect of any person may be made by the chief officer of police for the area in which the person resides or appears to reside, if it appears to the officer that the condition in subsection (2) below is met.
(2)That condition is that the respondent has at any time caused or contributed to any violence or disorder in the United Kingdom or elsewhere.
(3)The application is to be made by complaint to a magistrates' court.
(4)If--
(a) It is proved on the application that the condition in subsection (2) above is met, and
(b) The court is satisfied that there are reasonable grounds to believe that making a banning order would help to prevent violence or disorder at or in connection with any regulated football matches; the court must make a banning order in respect of the respondent
Section 14 b article by Garreth Cummins(FSF)
I'm on the list, I can't possibly know it for certain, but the fact remains that I'm on that list.
The authorities are monitoring me without my knowledge, watching my movements, noting my habits; they think I am a risk to society. There's covert surveillance of me at weekends. The government spies are everywhere, sometimes they don't even try to hide it. CCTV cameras are tracking my every move, they're on to me. It'll not be long 'til they stop me going where I want and when I want, call me in for regular checks; they will take my passport off me, just because I 'm on the list...
Far from being some Orwellian nightmare, the above is true of thousands, possibly tens of thousands of people in this country. And before you start to worry about my sanity and suggest I stop watch the "X files" re runs late into the night, I'm not talking about some great government conspiracy, there's no need for me to reach for the tin foil hat or shove pencils up my nostrils( well not yet anyway).
You see. The police are tracking football supporters in ever increasing numbers. Countless numbers of fans are assessed by police forces as "risk" supporters, but what does that mean? It might sound ludicrous, but if the police assess you as a risk supporter, that very assessment can be used against you in a court as "evidence" towards a football banning order (FBO)
I say "evidence" in inverted commas, because, like the rest of us , you probably thought that FBO's were reserved only for the hard-core hooligan element following football; those who commit serious acts of violence in and around stadia and are tried and convicted in front of a jury, the problem for fans now, however, is FBO's are being dished out much more liberally, and in much more worrying circumstances.The legal bit
There are two ways you can get a banning order.
a) Under section 14(a) with which most people are familiar this is a criminal sanction following a conviction, typically of a football related offence.
b) Under section 14 (b) a civil injunction that follows a complaint by the police.
A banning order under section 14 (b) is exactly the same as one under section 14 (a) in duration, terms and restriction of freedoms, but you don't have to be convicted (in fact you don't even need to be arrested) of any offence for the police to apply
So what is a risk supporter?
The national police definition is someone " whether known or not, who can be regarded as posing a possible risk to public order or any anti-social behaviour, whether planned or spontaneous, at or in connection with a football match.
Can the police decide this with little or no evidence?
Yes, someone the police think poses a risk is a risk
How do you become a risk supporter?
There are no hard and fast rules, but associating with risk supporters is likely to see you classed as one too.
So anyone who attends a game could become a risk supporter
Yes
So you could attend a game and be talking to a known risk supporter without either of us realising it?
That is correct.
Do people know they are risk supporters?
No, the police don't inform people that they have been categorised as risk supporters.
The anatomy of the section 14 (b) banning order
So you probably still think that you'd have to do something fairly impressive for your local force to bring a case against you and threaten you with a banning order? You'd be wrong.
Suppose you head to your next away match, perhaps a local derby or cup game, to pick up a ticket from a mate at a pub a short distance from the ground
As it's busy, a couple of police officers are there monitoring events, but it's all good natured, and there is no hint of trouble
You are corralled into a larger group of your fans by the police near the away end; the police spotters are there with their camcorders looking out for trouble makers, but you largely ignore them as you make your way to the ground.
Walking in the throng towards the turnstiles the anticipation and atmosphere grows, and you exchange a few songs (and perhaps a few choice words) with groups of home supporters you pass.
All harmless, regular match day occurrences for many, you may think, unfortunately, each of these decisions could lead you on the road to a football banning order under section 14 (b) of the football supporters act of 1989, as amended by the football (disorder) Act 2000;
Police have used the fact that you have travelled to a game without a ticket as evidence that you are going to contribute to violence or disorder. Unknown to you, there were risk supporters in the pub you chose to stop at, or people on banning orders. The police have now identified you as associating with risk supporters
Your choice of pub indicates you are intent on contributing to disorder with home fans. Conversely if you'd chosen a pub further away that wasn't a typical match day pub, the police use this as evidence that disorder was planned away from the ground.
You have been videoed in the police escort. If you weren't a risk supporter, why else would you require an escort? The fact you had no choice is irrelevant
Swearing and gesturing at opposition fans as been taken as a sign of aggression. The police use this behaviour as evidence that you intend to commit disorder
A worst case scenario of course, but each of these arguments has been used successfully by the police applying for FBO's.
Section 14 (B) is a civil sanction, the standard of proof is only "in the balance of probabilities" rather than "beyond reasonable doubt", as criminal cases require
Some will still argue that only fans that have previous offences can be caught up in this, that is untrue and anyone, regardless of who they are, can be a victim of section 14 B
If you need assistance on this subject please contact myself or Vince....or please join the FSF where we provide information and guidance on all fan related questions.
http://www.fsf.org.uk/