" Smoke bombs & flares at Football matches "

" Smoke Bombs, Flares and Football Matches = Arrest, Prison and a Football Banning Order "

Following on from the recent publicity about the use of flares and smoke bombs at football matches,here is a question and answer section on the subject.

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 serious and even a fan with no previous convictions faces a real risk of going to prison...Spread the word to your friends and other fans...

It is not an offence just to carry a smoke bomb or flare outside the stadium, is it?

YES just carrying a smoke bomb, flare or firework in the area of the football stadium can be an offence if the police can show that you were attempting to enter the ground with it on you. I have seen cases where the police have arrested a fan with a flare as they came out of the train station closest to the ground. The police have argued that as the fan had a ticket for the game, was wearing colors and was with other fans, and was walking in the direction of the ground, that this showed that the fan would have attempted to enter the ground had they not been stopped by the police. That's not to say that in some cases, the police interpretation of 'attempting to enter' shouldn't be challenged in court, as there must be legal argument that a fan who is stopped at London Bridge Station about to get on a train to a football gound in South London is not 'attempting to enter', but the closer the fan is to the ground, the more likely the police will be able to argue that the fan was 'attempting to enter'.

I won't be committing an offence if I have a smoke bomb in my pocket in the ground but don't let it off, will I?

YES the law is very clear on this point, you don't have to let it off, just having it on you in the ground is enough for you to be charged with an offence.

I won't go to prison if I am found with a flare on me, but I don't let it off, will I?

YES you may be sent to prison. Recent cases have shown that the courts do not take pity on those found in possession of flares, smoke bombs or fireworks. In fact they are giving severe punishments and fans with no previous convictions are being given 3 months in prison, and on appeal the courts are upholding the 3 months prison sentence. The excuses of "I was just carrying it for a mate" or 'A mate just gave it to me as we left the ground and i didn't know what it was" are not being given much credit by the courts. If it is in the fan's pocket, the fan is guilty and probably will go to prison.

Do the police have the power to stop and search me on the way to the ground to see if I have a smoke bomb, flare of firework on me?

YES they have powers to stop and search you, and arrest you if they find any of these items on you.

But they can't arrest me after the game when I am walking away from the ground with the flare in my pocket can they?

YES if they can show that you were in the ground and that you are likely to have had the flare, smoke bomb or firework in your pocket while in the ground, they can arrest you, and you will probably be charged.

If I am convicted of having a smoke bomb, flare or firework will I also get a Football Banning Order?

YES the police will probably apply for an Football Banning Order, and due to the nature of the offence, it will be highly likely that the court will consider that the offence was football related. If the court does decide to issue a football banning order, it will likely be for between 3 and 6 years (in addition to any other sentence such as prison).

The police can't apply for a Football Banning Order on me unless they charge me, can they?

YES if the police can show that they suspect you of having involvement with flares, smoke bombs or fireworks in the ground or outside the ground just before or after the match, they will probably apply for a civil football banning order which can be imposed even if you are not convicted of any offences.

What is a firework?

Even a sparkler falls within the definition of firework, as do bangers and anything else that has a firework logo on it.

What is a smoke bomb?

Anything which emits smoke or visible gas, even something which is home made.

How will the police know that I have the flare or smoke bomb on me?

In addition to the general powers of stop and search, the police will be checking the fan forums and any known fan groups which discuss the use of flares, smoke bombs or fireworks will be targeted by the police, and will likely be stopped and searched. In addition, the stewards in the ground have the powers to search and if they find a flare, smoke bomb or firework, they will tell the police.

In general, if there is one thing that the police and courts are very hot on at the moment it is flares and smoke bombs. Carry one and you are very likely going to face time in a police cell...and worse...time in a prison cell!

Sorry to keep on with this but if it saves someone jail or a banning order then that is what really matters.

AFC Wimbledon V Millwall is the latest match that has seen smoke bombs, stewards tried to pull people out and one steward was badly hurt after being thrown down the concrete stairs, arrests were then made.

you'll always get the idiots who'll take them! instead of singing they think a flare will improve atmosphere..

Things you are allowed to do in a stadium

1. Sit down
2. Eat prawn sandwiches
3. Breath
4. Watch the football

Laughable.

What's not laughable is seeing your child sent to jail and banned for 6 years...if this information above stops one family suffering that, then I don't really care what you think to be honest.

What's not laughable is seeing your child sent to jail and banned for 6 years...if this information above stops one family suffering that, then I don't really care what you think to be honest.

Agree with that but the very fact children are being sent to jail for this is laughable. A ban and a caution would suffice.

It is a disgrace that early adults are being done for this yet there are MP's out there screwing the system willy nilly and getting a slap on the wrist and asked to resign only.

I really can't wait until they go that one step too far, whether its with football or another sect of society, and the people revolt and stand up for the freedoms our ancestors fought for.

They would have to be over 16 I think but that is the current rules, agree or disagree is not the point...It is harsh, of course it is, but hopefully we can inform as many fans as possible and prevent them going to court etc.

Don't see why people can't just sing etc to create an atmosphere. All people get is a five second rush

Really don't see the point in smoke bombs. They don't really add to the atmosphere IMO, they're just annoying and they stink, everyone singing is much better.

It seems to be only kids who bring them in (wannabee hardcore/ultras) and they've been warned time and time again so it's really their own fault if they get caught.

Things you are allowed to do in a stadium

1. Sit down
2. Eat prawn sandwiches
3. Breath
4. Watch the football

Laughable.

I was having a beer under the stand last week, during the latter stages of our friendly v Chievo. Whats wrong with that you may ask? Well i happened to be standing below the Ninian/ Canton corner, watching the game (from what i could see) through the big gap that is usually cordoned off. I was haveing a civilized conversation with stewards at the same same time, when about five minutes later another steward, the jobs worth type imho, approached me & requested that i drink up, as watching a football match while drinking alcohol was against FA rules, & as such, could lead to action being taken against our club. So, in summary, its OK to drink alcohol at a football ground, even to the fringes of getting rat arsed pissed, as long as your behind the scenes & not watching the game live???

A nonse can have sexual contact with a fourteen old girl and have suspended sentence,but you run risk of prison for letting a smoke bomb off that's a f-----g joke !!!!!!?!!!?!!!?

Never seen the point in them and they don't do too much good for my asthma

Cheers Corky for the info

No problem Annis, I don't agree with the harshness of the punishments but it is vital that all fans are given the information...if they choose to ignore it then at least we tried.

No problem Annis, I don't agree with the harshness of the punishments but it is vital that all fans are given the information...if they choose to ignore it then at least we tried.

I feel the same way Corky

Never seen the point in them and they don't do too much good for my asthma

You must have been useful in a section attack then

They're coming for you, they're coming for you, smoke bomb chucking Bastards they're coming for you.

Have heard whispers that quite a few lads have been picked up on the radar and can expect knocks on the door pretty soon, sad really, to miss a minimum of three years football for some coloured smoke, but as they say, you do the crime, you do the time.

Mad really with all the CCTV and surveillance in grounds, people are paid just to film such actions and lads think they wont get noticed.

Things you are allowed to do in a stadium

1. Sit down
2. Eat prawn sandwiches
3. Breath
4. Watch the football

Laughable.

I was having a beer under the stand last week, during the latter stages of our friendly v Chievo. Whats wrong with that you may ask? Well i happened to be standing below the Ninian/ Canton corner, watching the game (from what i could see) through the big gap that is usually cordoned off. I was haveing a civilized conversation with stewards at the same same time, when about five minutes later another steward, the jobs worth type imho, approached me & requested that i drink up, as watching a football match while drinking alcohol was against FA rules, & as such, could lead to action being taken against our club. So, in summary, its OK to drink alcohol at a football ground, even to the fringes of getting rat arsed pissed, as long as your behind the scenes & not watching the game live???

Can't stand in the concourse by the corner section drinking a pint, even after the club removed the screens for access for building work, but you can stand behind a glass window in level 3 & 4 drinking for 90 minutes, double standards there.

No you can't...on the levels curtains and blinds are drawn during the match and the glass is glazed so you can't see anything from six feet back

Things you are allowed to do in a stadium

1. Sit down
2. Eat prawn sandwiches
3. Breath
4. Watch the football

Laughable.

I was having a beer under the stand last week, during the latter stages of our friendly v Chievo. Whats wrong with that you may ask? Well i happened to be standing below the Ninian/ Canton corner, watching the game (from what i could see) through the big gap that is usually cordoned off. I was haveing a civilized conversation with stewards at the same same time, when about five minutes later another steward, the jobs worth type imho, approached me & requested that i drink up, as watching a football match while drinking alcohol was against FA rules, & as such, could lead to action being taken against our club. So, in summary, its OK to drink alcohol at a football ground, even to the fringes of getting rat arsed pissed, as long as your behind the scenes & not watching the game live???

Can't stand in the concourse by the corner section drinking a pint, even after the club removed the screens for access for building work, but you can stand behind a glass window in level 3 & 4 drinking for 90 minutes, double standards there.

Indeed. Double standards & no common sense either. I didn't even protest it was that pathetic,,,,I mean, the last couple of minutes of a frendly game. Not all the stewards are the same I know.

its a stupid rule, but it is the rule so just get over it.

To reinforce what has been said in what is a very informative post, it is highly likely that the Sentencing Guidelines Council will be looking at this. These are a Panel set up to produce guidelines which Courts are encouraged to follow.

The most likely outcome will be a recommendation of considering a short custodial sentence as a starting point.

The present guidelines mean that prison will be seriously considered. My point is that in ny opinion it will become MORE likely that a short prison sentence will be seriously considered in the near future.

I can also say that the resident District Judge at Cardiff Magistrates Court is particularly harsh on football related offences. I know this in light of the way the Bristol City fans were recently dealt with.

I know some people see flares as a bit of fun and maybe they are BUT the reality of the situation is not fun.

Someone I know up here in Wigan, who used to attend football matches, has seen his life turned upside down because he was with someone who let a flare off. After the last game of the season he went on the pitch (as did most people for the FACup trophy celebration) with his 3 mates. One of his mates let off a blue flare and all 3 of them were taken by the stewards and then the police. It then transpired that Dave had a flare in his coat pocket. He was arrested, charged and given a 4 month suspended prison sentence.

The fact that it was suspended some may regard as lucky. However, he lost his job (£25k per year) and is now struggling to pay his mortgage and could lose everything. Apart from that he has a 3 yr banning order.

Its like Drink/Driving - Just not worth it....

Good info by Corky.The point is crying that you only get a suspended sentence for other misdemeanors doesn't matter in the grand scheme of things.This is football and you will be made an example of.

To reinforce what has been said in what is a very informative post, it is highly likely that the Sentencing Guidelines Council will be looking at this. These are a Panel set up to produce guidelines which Courts are encouraged to follow.

The most likely outcome will be a recommendation of considering a short custodial sentence as a starting point.

The present guidelines mean that prison will be seriously considered. My point is that in ny opinion it will become MORE likely that a short prison sentence will be seriously considered in the near future.

I can also say that the resident District Judge at Cardiff Magistrates Court is particularly harsh on football related offences. I know this in light of the way the Bristol City fans were recently dealt with.

I thought the Bristol lads had a lucky result. Mainly bans and suspended sentences and one very short prison sentence.
Cardiff lads have had much harsher sentences for much less.

Listen for all you younsters who take them
Wales V Rumania - the world cup qualifier in the Arms park, 1993
at the end of the game someone sets off a flare thinking it was just a smoke flare but no
it came across the pitch straight at me it went over my head and KILLED the poor bloke siting 5 rows behind me
hit him in the neck died in his sons arms.
forget the flares lads.

Listen for all you younsters who take them
Wales V Rumania - the world cup qualifier in the Arms park, 1993
at the end of the game someone sets off a flare thinking it was just a smoke flare but no
it came across the pitch straight at me it went over my head and KILLED the poor bloke siting 5 rows behind me
hit him in the neck died in his sons arms.
forget the flares lads.

And I was sitting five rows behind him with my son, you could see it coming right across the pitch, and straight into this poor man's neck, tragic.