Smoke bombs ...the FSF fact file " THE LAW/THE TRUTH "
Mon May 20, 2013 12:57 pm
In view of the fact there has been a lot of smoke bombs let off this season, the Football supporters Federation released the following information that they collated a while back with the help of a barrister...
FOOTBALL FANS, SMOKE BOMBS AND FLARES – FACT SHEET
What is the law governing smoke bombs and flares at football matches?
The Sporting Events (Control of Alcohol etc.) Act 1985.
It is on offence for a person to enter or attempt to enter a football ground while in possession of a flare,
smoke bomb or firework. The sentence for these offences can be as much as three months in prison,
and in many cases, fans who have no previous convictions are being given prison sentences for
attempting to enter a football ground with a smoke bomb in their pocket as the courts take these
offences very seriously.
There are two different offences (1) possession in the football ground; and (2) possession while
attempting to enter. Although logically, attempting to enter a football ground seems to be less
culpable than a fan who has managed to get the smoke bomb, flare or firework into the football
ground, in real terms the courts do not consider one offence to be more serious than the other. Fans
searched prior to entering the football ground and found to be in possession of a firework, flare or
smoke bomb, have still been given custodial sentences.
What does 'attempting to enter' a football ground mean?
The courts have decided that 'attempting to enter' means much more than a person who is searched at
the turnstiles. Fans have been given a prison sentence for carrying a smoke bomb in their pocket when
exiting the train station closest to the football ground, or when walking through the car park on the
way to the football ground. A court is likely to decide that a fan who is in possession of a ticket and is
close to the ground is ‘attempting to enter’.
Is it more serious to carry a flare or a firework instead of a smoke bomb?
Although a firework or flare may be seen as more dangerous than a smoke bomb to most people, the
courts do not seem to distinguish between them. Fans have been sentenced to three months in prison
for carrying a smoke bomb, without having actually let it off.
What is a firework?
Even a sparkler falls within the definition of firework, as do bangers and anything else that has a
Firework Standard logo on it.
What is a smoke bomb?
Anything which emits smoke or visible gas, even something which is home made.
Will a conviction for possession of a firework, flare or smoke bomb result in a football
banning order?
It is highly likely that the court will impose a football banning order on a fan who is convicted of
possession of a firework, flare or smoke bomb at a football match. The very nature of the offence
means that the prosecution are likely to be able to persuade the court that the offence is football
related, and that it is necessary to impose the order to prevent the offence happening again.
How long will the Football Banning Order last?
Most football banning orders imposed by a court after a conviction for a football related offence are for
3 years. This does not only prevent the fan from attending football matches for the next 3 years, but
can prevent them from entering the town of their football team on match days, and require them to
hand their passport to the Police when the England or Wales national team are playing overseas (as
appropriate). A football banning order will show up on a Criminal Records Bureau checks and may
prevent a fan from obtaining a visa to travel to countries such as the USA, or working in certain
professions, such as working with children.
In addition, football clubs have issued life bans to fans who have been convicted of possession of a
firework, flare or smoke bomb, meaning that even once the football banning order has expired, you
may still be banned by your club.
What is the law on the carrying of flares, smoke bombs and fireworks for people aged
under 18?
The Fireworks Regulations Act 2004
In addition to the above law, it is also an offence for a person under the age of 18 to be found carrying a
firework in a public place. Smoke bombs have the Firework Standard label on them and will be classed
as a firework. This doesn't just apply to people under 18 going to football matches but applies to all
under 18 year olds when they are out in public places such as the park or town centre. The police can
issue an £80 fixed penalty notice to anyone under the age of 18 found in possession of a firework in a
public place.
Is it an offence for an adult to have a firework in their possession if they are not going to
a match?
No, it is not illegal for a person over 18 years to possess a firework, flare or smoke bomb, but it is illegal
for a person over 18 years to let off the firework, flare or smoke bomb in a public place. A person over
the age of 18 cannot legally be arrested for being in possession of a firework, flare or smoke bomb,
other than when entering or attempting to enter a football match. For instance, the arrest of a football
fan at a service station for possession of a smoke bomb in their car is an unlawful arrest unless the fan
admits to the police officer that they intended to take the firework, flare or smoke bomb into the
football ground later that day.
Be warned that even though fans may not think that having a smoke bomb or flare in
their pocket is a serious offence, the police and football club take it very seriously and
even a fan with no previous convictions faces a real risk of going to prison.
Our thanks to Alison Gurden, Barrister, for providing the information above
FOOTBALL FANS, SMOKE BOMBS AND FLARES – FACT SHEET
What is the law governing smoke bombs and flares at football matches?
The Sporting Events (Control of Alcohol etc.) Act 1985.
It is on offence for a person to enter or attempt to enter a football ground while in possession of a flare,
smoke bomb or firework. The sentence for these offences can be as much as three months in prison,
and in many cases, fans who have no previous convictions are being given prison sentences for
attempting to enter a football ground with a smoke bomb in their pocket as the courts take these
offences very seriously.
There are two different offences (1) possession in the football ground; and (2) possession while
attempting to enter. Although logically, attempting to enter a football ground seems to be less
culpable than a fan who has managed to get the smoke bomb, flare or firework into the football
ground, in real terms the courts do not consider one offence to be more serious than the other. Fans
searched prior to entering the football ground and found to be in possession of a firework, flare or
smoke bomb, have still been given custodial sentences.
What does 'attempting to enter' a football ground mean?
The courts have decided that 'attempting to enter' means much more than a person who is searched at
the turnstiles. Fans have been given a prison sentence for carrying a smoke bomb in their pocket when
exiting the train station closest to the football ground, or when walking through the car park on the
way to the football ground. A court is likely to decide that a fan who is in possession of a ticket and is
close to the ground is ‘attempting to enter’.
Is it more serious to carry a flare or a firework instead of a smoke bomb?
Although a firework or flare may be seen as more dangerous than a smoke bomb to most people, the
courts do not seem to distinguish between them. Fans have been sentenced to three months in prison
for carrying a smoke bomb, without having actually let it off.
What is a firework?
Even a sparkler falls within the definition of firework, as do bangers and anything else that has a
Firework Standard logo on it.
What is a smoke bomb?
Anything which emits smoke or visible gas, even something which is home made.
Will a conviction for possession of a firework, flare or smoke bomb result in a football
banning order?
It is highly likely that the court will impose a football banning order on a fan who is convicted of
possession of a firework, flare or smoke bomb at a football match. The very nature of the offence
means that the prosecution are likely to be able to persuade the court that the offence is football
related, and that it is necessary to impose the order to prevent the offence happening again.
How long will the Football Banning Order last?
Most football banning orders imposed by a court after a conviction for a football related offence are for
3 years. This does not only prevent the fan from attending football matches for the next 3 years, but
can prevent them from entering the town of their football team on match days, and require them to
hand their passport to the Police when the England or Wales national team are playing overseas (as
appropriate). A football banning order will show up on a Criminal Records Bureau checks and may
prevent a fan from obtaining a visa to travel to countries such as the USA, or working in certain
professions, such as working with children.
In addition, football clubs have issued life bans to fans who have been convicted of possession of a
firework, flare or smoke bomb, meaning that even once the football banning order has expired, you
may still be banned by your club.
What is the law on the carrying of flares, smoke bombs and fireworks for people aged
under 18?
The Fireworks Regulations Act 2004
In addition to the above law, it is also an offence for a person under the age of 18 to be found carrying a
firework in a public place. Smoke bombs have the Firework Standard label on them and will be classed
as a firework. This doesn't just apply to people under 18 going to football matches but applies to all
under 18 year olds when they are out in public places such as the park or town centre. The police can
issue an £80 fixed penalty notice to anyone under the age of 18 found in possession of a firework in a
public place.
Is it an offence for an adult to have a firework in their possession if they are not going to
a match?
No, it is not illegal for a person over 18 years to possess a firework, flare or smoke bomb, but it is illegal
for a person over 18 years to let off the firework, flare or smoke bomb in a public place. A person over
the age of 18 cannot legally be arrested for being in possession of a firework, flare or smoke bomb,
other than when entering or attempting to enter a football match. For instance, the arrest of a football
fan at a service station for possession of a smoke bomb in their car is an unlawful arrest unless the fan
admits to the police officer that they intended to take the firework, flare or smoke bomb into the
football ground later that day.
Be warned that even though fans may not think that having a smoke bomb or flare in
their pocket is a serious offence, the police and football club take it very seriously and
even a fan with no previous convictions faces a real risk of going to prison.
Our thanks to Alison Gurden, Barrister, for providing the information above
Re: Smoke bombs ...the FSF fact file
Mon May 20, 2013 2:32 pm
Don't bother Corky, it's plainly obvious that the ultra wanna be kids think they're 'cool' and 'look good' and are 'harmless' regardless of the controlled regulated nature of such devices.
Stating the law is pointless when up against such ignorance. They'll continue to be taken into stadiums and be let off until the authorities come down hard on people. It's only a matter of time until someone's health is put in jeopardy by some toerag who wants to act the big man in front of his mates.
Stating the law is pointless when up against such ignorance. They'll continue to be taken into stadiums and be let off until the authorities come down hard on people. It's only a matter of time until someone's health is put in jeopardy by some toerag who wants to act the big man in front of his mates.
Re: Smoke bombs ...the FSF fact file " THE LAW/THE TRUTH "
Mon May 20, 2013 2:43 pm
I think its only fair that fans are given the correct information before they get caught up in things, myself, Vince and the FSF often get calls for help from people facing banning orders/jail etc for football related offences...fore warned hopefully will mean that it may save some of our fans getting bans.
Re: Smoke bombs ...the FSF fact file " THE LAW/THE TRUTH "
Mon May 20, 2013 3:51 pm
I understand people saying they add to the atmosphere etc but anyone having this information to hand and the ability to comprehend it properly has got to be mad to even consider taking one into a ground. And yes hence why it's probably more likely to be a younger person with and someone who has not had access to this info. Good on you for putting out.
Re: Smoke bombs ...the FSF fact file " THE LAW/THE TRUTH "
Mon May 20, 2013 4:58 pm
They're cool as f**k. Bloody health and safety clowns 
Re: Smoke bombs ...the FSF fact file " THE LAW/THE TRUTH "
Mon May 20, 2013 5:29 pm
ffs wrote:They're cool as f**k. Bloody health and safety clowns
In o1 took my neighbour to his first city game in 15 years, got on sloper 5 minutes after kick off, my mate pulls out an air bomb from his pocket, lights the fuse and passes it to my neighbour, who took it off him without looking what it was..... panicked and blindly threw it away and it landed and exploded a few feet from two coppers across the road.... Got nicked, Gave a fake name and never heard anything from the police again.......That's my story about fire works and the law............I know I know I should write a book
Re: Smoke bombs ...the FSF fact file " THE LAW/THE TRUTH "
Mon May 20, 2013 10:13 pm
They should ban bonfire night as well. Disgusting that children are allowed to stand within a few feet of fires whilst breathing in the smoke and possibly fumes of whatever materials are thrown on.... oh wait.... 
Re: Smoke bombs ...the FSF fact file " THE LAW/THE TRUTH "
Tue May 21, 2013 12:19 pm
All Black Everything. wrote:They should ban bonfire night as well. Disgusting that children are allowed to stand within a few feet of fires whilst breathing in the smoke and possibly fumes of whatever materials are thrown on.... oh wait....
People specifically go do bonfire celebrations to view that and expect the consequences of it eg. fumes.
People go to a football match to watch the football.