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' Celtic and Rangers match will be calmed by Offensive '

Mon Mar 21, 2016 4:19 pm

Celtic and Rangers clash will be calmed by Offensive Behaviour at Football Act, insists Lord Advocate Frank Mulholland

Monday 21st March 2016


BY MARION SCOTT


LORD Advocate Frank Mulholland says the controversial act is cleaning up the sport despite the legislation being heavily criticised by fans, lawyers and civil rights campaigners.




SCOTLAND’s top prosecutor has vowed that controversial legislation clamping down on offensive songs will calm next month’s Old Firm cup clash.

Lord Advocate Frank Mulholland says the Offensive Behaviour at Football Act is cleaning up the sport despite the legislation being heavily criticised by fans, lawyers and civil rights campaigners.




It led to 79 convictions last year and leading QC Brian McConnachie claimed the law “invites people to be offended and tells them what it is they are offended by”.

It was also branded “mince” by a sheriff who cleared a Celtic fan accused of singing a pro-IRA song in 2013.

But Mulholland says the act is working and has rejected any suggestion that there would be fewer prosecutions as a result of the criticisms.

He said: “We have a conviction rate of over 80 per cent and are seeing a decrease in that kind of criminal behaviour.

“There is no act of parliament on common law crime I know of that says you should be exempt from prosecution just because you’re at a football match.”

The Offensive Behaviour at Football Act was introduced more than four years ago by the SNP government and makes it an offence to incite hatred in football grounds or pubs where games are screened.


Serious threats on the internet, T-shirts and posters, fans singing certain songs or chants and even tattoos can all be considered criminally offensive. Football fans claim the legislation criminalises them and takes away their right to free speech.

Tory leader Ruth Davidson and Labour’s Kezia Dugdale have pledged to scrap the law.

But, ahead of a major conference on hate crime, the Lord Advocate refused to get drawn in to the “rights or wrongs” of the act.

He said: “I’m the Lord Advocate, I’m not a politician. I’m not here to make policy choices – that’s for the politicians and parliament to do.

“Whether I like the legislation or not is irrelevant. My job is to say to the public – the legislation is there, you fall foul of it and you will get prosecuted. The rest is a matter for the court.”

On Tuesday, the new Chief Constable of Police Scotland, Philip Gormley, along with First Minister Nicola Sturgeon and the Lord Advocate, will address the conference at Hampden.

It will cover disability hate crime, racism, sectarian behaviour and crimes against gay and transgender members of the community.

Mulholland says the forthcoming Old Firm Scottish Cup semi-final on April 17 should be “enjoyed as a spectacle”, not as an excuse to behave badly.

He warned: “If fans indulge in sectarian behaviour, they should expect to be prosecuted.”

The act has been criticised in detail by a string of Mulholland’s colleagues. The “mince” comment was made by Sheriff Richard Davidson, who said the legislation was “horribly drafted”.



Police Scotland Chief Constable Phil Gormley is coming under increasing pressure to provide answers
Scottish Labour justice spokesman Graeme Pearson said: “It’s the most contentious piece of legislation passed since devolution.”

But Cabinet Secretary for Social Justice Alex Neil says £80million has been invested in the past three years to tackle inequality and discrimination.

He added: “Scotland is a diverse, multi-cultural society and this diversity is our strength.”

He said the One Scotland campaign, launched in 2014, promotes Scotland as a country and a people who believe in equality.

Mulholland admits Scotland’s history of sectarianism and bigotry is “simply shameful” and forms the root cause of much more serious crimes.

The Lord Advocate said: “I see the effect it has on our communities. I prosecute cases where people have been killed, maimed and even thrown off a bridge because of it. The appalling murder of Mark Scott in 1995 is the real face of sectarianism and hatred.”

Mark, 16, had his throat slashed by Jason Campbell because he was wearing a Celtic scarf as he walked home from a game at Parkhead.

Campbell, now 41, was sentenced to life and released in 2011.

The Lord Advocate said the high profile case of former Celtic ladies player Megan McFadden, 20, who stood trial after admitting posting on Facebook “dirty Orange inbred monkey b*******” on the day of last year’s Old Firm match, sends out a message despite the not proven verdict.

McFadden, of Drumchapel, Glasgow, described the comment as “banter between me and one of my friends”.

But Mulholland said: “Anyone who thinks it’s acceptable to use sectarian language dressed up as banter needs to think again. One person’s banter is another person’s bigotry.”


Read more at http://www.dailyrecord.co.uk/news/scott ... gKdLrRZ.99
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Re: ' Celtic and Rangers match will be calmed by Offensive '

Tue Mar 22, 2016 7:59 am

Scotland gets more like North Korea every day and football fans are an easy target. the offensive behaviour law is a waste of time and money as breach of the peace covered everything it does. One Rangers Fan got 6 months n the jail for singing The Billy Boys because it contains an "offensive" word meanwhile Paedos get community service.

Re: ' Celtic and Rangers match will be calmed by Offensive '

Tue Mar 22, 2016 10:36 am

Jock wrote:Scotland gets more like North Korea every day and football fans are an easy target. the offensive behaviour law is a waste of time and money as breach of the peace covered everything it does. One Rangers Fan got 6 months n the jail for singing The Billy Boys because it contains an "offensive" word meanwhile Paedos get community service.


I can't stand authorities getting involved with football, let's face it, both sets of fans enjoy the banter and it seems the authorities are hell bent on ruining one of the biggest spectacles in world football by over zealous policing.

Re: ' Celtic and Rangers match will be calmed by Offensive '

Tue Mar 22, 2016 11:06 am

Jock wrote:Scotland gets more like North Korea every day and football fans are an easy target. the offensive behaviour law is a waste of time and money as breach of the peace covered everything it does. One Rangers Fan got 6 months n the jail for singing The Billy Boys because it contains an "offensive" word meanwhile Paedos get community service.


How many people will be arrested when the songs are sung at Orange Parades etc in Glasgow if the fan had 6 months? 6 months for singing a song!!! Stupid and you are right Jock, getting more like North Korea! :ayatollah:

Re: ' Celtic and Rangers match will be calmed by Offensive '

Tue Mar 22, 2016 5:29 pm

The authorities are using anti terrorist laws on football fans, we are an easy target.

Re: ' Celtic and Rangers match will be calmed by Offensive '

Wed Mar 23, 2016 10:11 am

Both teams should pack in those types of songs IMO. No need for it.

Re: ' Celtic and Rangers match will be calmed by Offensive '

Wed Mar 23, 2016 10:44 am

People who take offence to a song really should have a word with themselves. My mates got in your Swansea slum as a ringtone, should he be prosecuted for highlighting the social deprevation of the Jack Mongtards.

Re: ' Celtic and Rangers match will be calmed by Offensive '

Wed Mar 23, 2016 12:34 pm

That's the sweatie's for you :lol:

Re: ' Celtic and Rangers match will be calmed by Offensive '

Wed Mar 23, 2016 7:52 pm

Spurs fans chant "yids" several people have been arrested for doing as much, two were Jewish. So if it had reached court they would have been charged for a form of racial/religious abuse of themselves ????? Curious that

Re: ' Celtic and Rangers match will be calmed by Offensive '

Wed Mar 23, 2016 8:01 pm

Football is fucked its like a trip to the cinema and why many many don't go anymore its a wank sport and a wank day out 90% of the time but that's modern football and modern fans :thumbup: