" Information to Help Football Fans "
Wed May 11, 2011 11:36 am
Guide to football related offences
Section 2.
The Throwing of missiles.
It is an offence for a person at a designated football match to throw anything at or towards—
(a) The playing area, or any area adjacent to the playing area to which spectators are not generally admitted, or
(b) Any area in which spectators or other persons are or may be present, without lawful authority or lawful excuse (which shall be for him to prove).
Section 2 Violent disorder.
Where 3 or more persons who are present together use or threaten unlawful violence and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety, each of the persons using or threatening unlawful violence is guilty of violent disorder.
It is immaterial whether or not the 3 or more use or threaten unlawful violence simultaneously.
No person of reasonable firmness need actually be, or be likely to be, present at the scene.
Violent disorder may be committed in private as well as in public places.
A person guilty of violent disorder is liable on conviction on indictment to imprisonment for a term not exceeding 5 years or a fine or both, or on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both.
Section 4 Public Order Act 1986:-
(1) A person is guilty of an offence if he:—
(a) Uses towards another person threatening, abusive or insulting words or behaviour, or
(b) distributes or displays to another person any writing, sign or other visible representation which is threatening, abusive or insulting, with intent to cause that person to believe that immediate unlawful violence will be used against him or another by any person, or to provoke the immediate use of unlawful violence by that person or another, or whereby that person is likely to believe that such violence will be used or it is likely that such violence will be provoked.
(2) An offence under this section may be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the writing, sign or other visible representation is distributed or displayed, by a person inside a dwelling and the other person is also inside that or another dwelling.
[(3) A constable may arrest without warrant anyone he reasonably suspects is committing an offence under this section.]
(4) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale or both.
Section 5.
Harassment, alarm or distress.
— (1) A person is guilty of an offence if he—
(a) Uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or
(b) Displays any writing, sign or other visible representation which is threatening, abusive or insulting,
Within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby.
(2) An offence under this section may be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the writing, sign or other visible representation is displayed, by a person inside a dwelling and the other person is also inside that or another dwelling.
(3) It is a defence for the accused to prove—
(a) that he had no reason to believe that there was any person within hearing or sight who was likely to be caused harassment, alarm or distress, or
(b) that he was inside a dwelling and had no reason to believe that the words or behaviour used, or the writing, sign or other visible representation displayed, would be heard or seen by a person outside that or any other dwelling, or
(c) That his conduct was reasonable.
(4) A constable may arrest a person without warrant if—
(a) He engages in offensive conduct which [F2 a] constable warns him to stop, and
(b) He engages in further offensive conduct immediately or shortly after the warning.
(5) In subsection (4) “offensive conduct” means conduct the constable reasonably suspects to constitute an offence under this section, and the conduct mentioned in paragraph (a) and the further conduct need not be of the same nature.
(6) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Going to football? Know your rights!!
The laws relating to football and public order are very loosely worded and open to interpretation. This guide is intended to help football fans get an understanding of the basic laws and their rights.
Ticket laws
Under the Criminal Justice and Public Order Act it is a criminal offence for you to resell a spare ticket - even if it is for cost price or less - or even free!
Stop and Search.
The police have the right to stop and search you outside the ground if they have 'reasonable suspicion' that you have committed a criminal offence, or if a senior officer believes that there is a likely incident of serious violence in the area'.
You can also be searched as you enter the ground and have personal items confiscated.
These include banners with poles, flares, bottles, cameras etc. You may experience great difficulty in getting your possessions back after the game. You are advised to get written permission from the club before attempting to bring in large flags, musical instruments etc.
Where you can be searched
the police can search you in any place that is generally open to the public. This means they can search you anywhere other than your home and your garden, or the home or garden of someone who has given you permission to be there.
Section 27 of the Violent Crime Reduction Act 2006 is designed to prevent potential 'alcohol-related disorder' and gives the police powers to move individuals on from a specified area for up 48 hours. The police serving the order need to have good reason and evidence to support their assertion that you are likely to cause alcohol-related crime or disorder (just being in a pub is not just cause).
If you’re told to move on from the locality, the police can specify the means and route, although the law fails to define 'locality,' so they could force you to travel a considerable distance.
Note: The police have no powers to make you sign anything. If you feel you've been unfairly dealt with under S27, get the details of the officer concerned and - ideally - get it all on camera, along with the names of any witnesses.
If you want to argue the toss, ask to speak to a senior officer and put your case forward peacefully while complying with the order (i.e. walking away). If you stand your ground you're likely to be arrested and/or fined by the courts.
Section 60 of the Criminal Justice Act could also potentially be used against football fans. This piece of legislation allows police to corral large numbers of people into a confined area and conduct basic searches as well as taking names, addresses and photographs.
If you're being held under Section 60, officers can search you for 'offensive weapons or dangerous instruments' and ask you to remove outer clothing, such as coats and jumpers in public. In addition, s60(4A) allows the police to force you to remove anything they reasonably suspect you are wearing wholly or mainly to conceal your identity.
Drink
you are not allowed to bring alcohol in to a football match and it is also an offence to he drunk or under the influence of drugs inside the ground. Chanting: it is an offence to join in with racial and abusive chanting.
You may also find yourself in trouble for standing up and joining in with chanting 'likely to cause alarm and distress'.
Stewards
Most clubs employ stewards for crowd control. They have the rights of citizens arrest' (i.e. if you have committed a criminal offence they can arrest you and hand you over to the police) but in reality the police will invariably back up their actions, right or wrong.
Police powers of arrest
The cops can arrest you if they have a valid arrest warrant, or:
* you are in the act of committing certain offences
* they have reasonable grounds for suspecting you are committing certain offences
* they have reasonable grounds for suspecting you have committed certain offences
* you are about to commit certain offences
* they have reasonable grounds for suspecting you are about to commit certain offences.
They can also arrest you if they have reasonable grounds for suspecting you have committed or attempted to commit any offence, or if you are committing or attempting to commit any offence, but it is impractical or inappropriate to serve a summons.
However, the police can only do this if one of the following conditions applies:-
* they do not know, and cannot get your name
* they think you have given a false name
* you have not given a satisfactory address. This means an address where the police can contact you
* they think you have given a false address
* the arrest is necessary to prevent you causing physical injury to yourself or others, suffering physical injury, causing loss or damage to property, committing an offence against public decency, or causing an unlawful obstruction of the highway
* they have reasonable grounds for believing that arrest is necessary to protect a child or other vulnerable person.
If they are arresting you because you have failed to give them a satisfactory address they must first explain that you may be arrested and give you to opportunity to give them the address.
If you are arrested
stay calm. Do not offer any physical resistance to the arrest.
Ensure that a friend or colleague knows that you have been arrested. Take a note of the number of the officer arresting you and any other officers involved.
Try to remember exactly what you were doing at the lime of the arrest. Write this down as soon as you can. Get the name of any witnesses, or ask someone to do this for you.
In Police Custody
you have the right to a solicitor and to have someone informed that you have been arrested.
There is a Duty Solicitor available who can be contacted at the Police Station and this service is free. We advise you to answer 'No comment' to all questions and not to make any statement either written or verbal until you have seen a solicitor.
You are obliged, however, to give your name and address.
Once you are charged you should be released (the police will usually try to verity your identity first)- It not, you should discuss bail with your solicitor. The police can fingerprint & photograph you if you are charged.
If the police assault you go to hospital immediately and get your injuries recorded.
YOU HAVE THE RIGHT TO BE TREATED FAIRLY AND WITH RESPECT BY THE POLICE.
You do not have to say anything to the police. BUT if you are later charged with a crime and you have not mentioned, when questioned, something that you later rely on in court, then this may be taken into account when deciding if you are guilty.
There may be good reasons why you do not wish to say anything to the police, and you should not be intimidated into answering questions. Get a solicitor down to see you in the police station as soon as possible.
REMEMBER:
* There may be times when if you give an innocent explanation for what you have done, the police may leave you alone.
* It is wise not to discuss the case with the police until you have consulted privately with a solicitor
* If the police are about to arrest you or have already arrested you, there is no such thing as a friendly chat' to sort things out. Anything you say can later be used against you. Think before you talk.
WHEN THE POLICE GET IT WRONG
If you want to challenge anything the police have done then get the names and addresses of any witnesses, make a written record as soon as possible after the event. It should be witnessed, dated and signed. If you are injured, or property is damaged, then take photographs or video recordings as soon as possible and have physical injuries medically examined.
If you have been treated unfairly then complain to a civil liberties group such as Release or contact a solicitor about possible legal action.
ON THE STREET If you are stopped by the police:
If they are not in uniform then ask to see their warrant card.
Ask why you have been stopped and at the end ask for a record of the search.
You can be stopped and searched if the police have a reasonable suspicion that you are in possession of: 1. controlled drugs
2. offensive weapon or firearms
3. carrying a sharp article
4. carrying stolen goods
5. if you are in a coach or train, going to, or you have arrived at, a sports stadium
There are other situations where you can be stopped and searched, for example:
If police fear there might be serious violence in a particular area they can stop and search anyone in that area for up to 24 hours. In these circumstances the police do not need co have a reasonable suspicion that you are carrying a weapon or committing a crime.
REMEMBER:
You run the risk of both physical injury and serious criminal charges if you physically resist a search. If it is an unlawful search you should take action afterwards by using the law.
IN A POLICE STATION
you always have the right:
* to be treated humanely and with respect.
* To see the written codes governing your right and how you are treated.
* To speak to the custody officer (the officer who must look after your welfare).
* To know why you have been arrested.
You also have the right (but they can in rare situations be delayed):
* to have someone notified of your arrest (not to make a phone call yourself).
* To consult with a solicitor privately.
REMEMBER:
Do not panic. You cannot be locked up indefinitely.
The police sometimes keep you isolated and waiting in the cell to 'soften you up'. Above all else, try to keep calm. The police can only keep you for a certain period of time - normally a maximum of 24 hours (36 hours for a serious arrestable offence).
Make sure the correct time for your arrest is on the custody record.
Make sure you know why you have been arrested.
Insist on seeing a solicitor (you might have to wait, but it's always free). Ask them to be present when you are interviewed. Do not be put off seeing a solicitor by the police. It is your right, and it's free.
If you ask for anything and it is refused make sure this is written down on the custody record.
SEARCH OF YOUR HOME
The police can search premises with the consent of the occupier. A warrant can obtained from magistrates by the police to search premises for evidence of certain crimes.
The police can enter premises WITHOUT a search warrant in many situations, including:
* following an arrest, the police are allowed to search premises the detained person occupies or has control over.
* to capture an escaped prisoner
* to arrest someone for an arrestable offence or certain public order offences.
* To protect life or to stop serious damage to property.
...other laws give police specific powers to enter premises.
REMEMBER:
You are entitled to see a copy of any search warrant.
Police can use reasonable force to gain entry.
Police should give you information about their powers to search premises.
A record of the search must be kept by the police.
You or a friend should be allowed to be present during the search but this right can be refused if it is thought it might hinder investigations.
Section 27 and Football
Like the Criminal Justice Act before it, Section 27 of the Violent Crime Reduction Act 2006 was not specifically aimed at football fans, but is increasingly being used by police against fans.
Designed to prevent potential 'alcohol-related disorder,' the act gives the police powers to move individuals on from a specified area for up 48 hours.
The police serving the order need to have good reason and evidence to support their assertion that you are likely to cause alcohol-related crime or disorder (so just being in a pub is not just cause).
If you’re told to move on from the locality, the police can specify the means and route, although the law fails to define 'locality,' so they could force you to travel a considerable distance.
Note: The police have no powers to make you sign anything. If you feel you've been unfairly dealt with under S27, get the details of the officer concerned and - ideally - get it all on camera, along with the names of any witnesses.
If you want to argue the toss, ask to speak to a senior officer and put your case forward peacefully while complying with the order (i.e. walking away). If you stand your ground you're likely to be arrested and/or fined by the courts.
Campaign against Section 27
In a joint press statement(18.12.08), Liberty and the Football Supporters Federation (FSF) highlighted their concerns about their legislation:
Relying on section 27 of the Violent Crime Reduction Act, the Greater Manchester Police rounded up 80 Stoke City fans who had stopped at a pub on the way to a match at Old Trafford on 15 November.
Although the fans were well-behaved and the pub landlord had no complaints, supporters were detained for up to four hours and transported by the police back to Stoke-on-Trent on coaches, missing the game.
Deprived of toilet facilities on the coach, the supporters were instructed to urinate into cups, which spilled over the floor of the bus so that they had to sit with urine sloshing around their feet for the 40 mile journey back.
In recent weeks there have been more and more reports of police using section 27 to prevent fans attending football matches with the FSF receiving many first-hand accounts from supporters of clubs across England. The FSF is launching a campaign fund to defend the rights of football fans wrongly served with section 27 orders.
Malcolm Clarke, chair of the FSF, said:
"This legislation was clearly designed to allow the moving on of individuals or small groups misbehaving under the influence of alcohol. It was not designed to enable police to impose football banning orders at will across entire counties."
"Section 27 gives police instant power to walk all over the civil rights of supporters if they happen to be in the wrong place at the wrong time. No evidence appears to be needed, and no crime needs to have been committed." "I would encourage any supporter who has been an unjustified victim of Section 27 to get in touch with the FSF and make their voice heard. We are taking this very, very seriously."
Anna Fairclough, legal officer for Liberty said:
"This is a football-loving country and it's not only wrong, but also seriously counter-productive to treat all fans as hooligans. Liberty is proud to take on this case and intends to use the Human Rights Act to prevent abuses of this kind happening again."
Police view on banning orders
Following the excellent work of some CPS Areas over the past few years working closely with the police to tackle football related violence and hooliganism, the Director has decided that this close liaison with the police should become the standard in all Areas for the future. Well planned and co-ordinated arrangements have produced high profile improvements locally in case outcomes and have enjoyed the overwhelming support of the public and press.
As Areas develop their expertise in charging and giving early advice, the police will benefit from informed legal advice on what evidence to seek to bring to justice a high proportion of those arrested for football related offences. Each police force will have one or more Football Intelligence Officers and Areas should nominate a lead prosecutor to liaise with the police on football matches. Where an Area contains a number of clubs, it may be wise to have a point of contact for each club. The United Kingdom Football Policing Unit (UKFPU) will maintain and provide a list of Football Intelligence Officers (FIO).
Top of page
Guidance
The Legislation Affecting Football Matches
The Legislation concerned can be found in Archbold 2005 (5-821). Guidance is available on the Police National Legal Database and copies of the complete Acts of Parliament are available on the web site http://www.opsi.gov.uk.
Public Interest Considerations - Decisions to Prosecute
Although of course each case will depend on its own facts, once the evidential test has been passed, the Director of Public Prosecutions has decided that for offences which are prima facie football related, there will be a strong presumption in favour of prosecution. In the highly unlikely event that a prosecution does not proceed on public interest grounds, managers will wish to see that there are clear and appropriate grounds recorded for not proceeding and that these are discussed and wherever possible agreed with the police.
Out-of-Court Disposals - Conditional Cautions
While out of court disposals that involve Simple Cautions or Penalty Notices for Disorder will hardly ever be appropriate, it may still be appropriate to consider a conditional caution for minor offences committed by persons who have no previous record of football related, public order, assault or criminal damage offences. Football Banning Orders cannot be obtained on the back of any out-of-court disposals though an offender who fails to comply with a conditional caution in relation to a football related offence will be liable for an application for a banning order to be made should the original offence be prosecuted.
Conditions may include not to attend any regulated football match or a particular football ground, with the additional condition to report to a particular police station at kick off times. The period should never exceed 3 months and should be for as short a period as is necessary and proportionate in relation to the offence and the offender; for example for a minor infraction, a period of a month would still be a considerable hardship. Failure to comply will be detected by being caught through the vigilance of the local police and it may be possible for the club to report the use, say, of a season ticket by a temporary banned fan. It may also be possible for conditions to include not to approach an individual or go to a particular location; for example, a public house close to a football club. (See the Director's Guidance on Conditional Cautions for further information).
Conditional cautions may also be appropriate for anti-social behaviour in and around football matches that could not be properly classified as football related.
Whenever a conditional caution is under consideration for a football related offence, the prosecutor must ensure that the FIO is consulted before a final decision is made. This consultation should be recorded on the MG3 to the effect that the offender is not considered a "risk supporter".
Conditional cautions for youths (sixteen and seventeen year olds) are to be piloted in 2009.
Football Banning Orders - s. 14 A
Risk supporters (more commonly referred to as hooligans) hate and fear Football Banning Orders. They are the main weapon we have and they must be sought wherever possible. Most football related disorder takes place away from football grounds, often affecting local public houses. Organised disorder can involve rival groups of supporters meeting some distance from the ground. Railway and bus stations have also been the scenes of disorder.
Where a person is convicted of a 'relevant offence', the court MUST make a Football Banning Order if satisfied that there are reasonable grounds to believe that it would help to prevent violence or disorder at or in connection with any regulated football matches (s.14A (1)). If the court is not so satisfied, it must state its reasons in open court (s. 14 A (2)).
It is particularly important for all to understand which offences are football related 'relevant offences' since it is these that enable the court to make Football Banning Orders. It is the exclusion from football matches, limitations on travel and other restrictions on liberty which are going to stop those intent on causing trouble at football matches in the future and safeguard the safety and enjoyment of genuine fans as well as the UK's reputation abroad.
For the avoidance of doubt, the First Schedule to the 1989 Act which lists all the 'relevant offences' has been replaced by Schedule1 of the Football (Disorder) Act 2000 and is attached to this Guidance as an Annex. It is important for those advising and charging these offences to be familiar with the Schedule and for the individual points to prove to be thoroughly understood. Having the list to hand when advising the police or making a charging decision will aid the process of obtaining more Football Banning Order 'hits'. The Police National Legal Database is also extremely useful and contains suggested wording for charges under the Football Acts.
Where the offences have been charged by the police under the Director's Guidance on Charging, it will be important for a reviewing lawyer or designated caseworker to check that the opportunity has been taken to charge a football related offence where possible and that the evidence exists to enable the court to make a declaration of relevance (see below).
Where good grounds exist and the court have refused to make a Football Banning Order, it will be important for a full note to be kept of the reasons given for not making an order and for urgent consideration (if necessary after urgent and immediate discussions with line management in accordance with local practice) to consider an appeal under the Violent Crime Reduction Act 2006 provisions: namely at Schedule 3, paragraph 3. If the failure is by the magistrates' court, the appeal is to the Crown Court. If by the Crown Court, the appeal is to the Court of Appeal but only if the judge grants a certificate that his decision is fit for an appeal. Any appeal against a finding or Football Banning Order should be responded to by the CPS. The Criminal Procedure Rule 63(3) specifies that notice of appeal shall be made not later than 21 days after the failure to make the order.
Prosecutors should be aware that the Violent Crime Reduction Act (VCRA) 2006 has amended s14A and B so that a court is now permitted to remand an offender if proceedings are adjourned. The court can also impose bail conditions of not permitting the offender to leave England and Wales prior to his appearance and requiring the offender to surrender his passport.
The court that hears the appeal will only have the power to make an order as that of the court from which the appeal was brought.
'Civil' Football Banning Orders - s. 14 B - on Complaint
From the 6th April 2007 prosecutors are able to apply for a 'civil' football banning order. The court must make an order if satisfied that the respondent has at any time caused or contributed to any violence or disorder in the UK or elsewhere and that there are reasonable grounds to believe that it would help to prevent violence or disorder at or in connection with any regulated football matches.
For s.14 (A) and (B), "violence" means violence against persons or property and includes threatening violence and doing anything which endangers the life of any person.
Also, disorder includes:
a. stirring up hatred against a group of persons defined by reference to colour, race, nationality (including citizenship) or ethnic or national origins, or against an individual as a member of such a group,
b. using threatening, abusive or insulting words or behaviour or disorderly behaviour,
c. displaying any writing or other thing which is threatening, abusive or insulting.
Most importantly, the terms "violence" and "disorder" are not limited to violence or disorder in connection with football.
The courts are given a wide discretion of what to take into account in making a s. 14B Football Banning Order; this includes decisions of foreign courts, evidence of deportation back to the UK, removal from football matches wherever this occurred and conduct recorded visually - e.g. CCTV.
The court can look at the conduct of the responded for up to ten years before the application for the making of an order.
If one is unable to proceed to a conviction for a (football) relevant offence in all circumstances, it may still be possible to apply for an order under s.14 (B). Prosecutors should discuss this with police officers prior to the hearing.
Football Banning Orders - Evidence
Whether the application is made under s14 (A) or s14 (B) it is important to call evidence to show the court why the Football Banning Order is needed. In s14 (A) applications the offence itself may be sufficient evidence to prove the necessity of a Ban, but prosecutors should always consider calling additional evidence to establish the defendant/respondent's history of behaviour associated with football. In all cases the prosecutor should ensure that the Court is made aware of the impact of violence and disorder at and around football matches. What might appear to be an isolated incident by a person of good character (e.g. running on the pitch) could actually be the trigger for more widespread disorder. The FIO preparing the evidence in support of the application should provide either an MG5 detailing why a Ban is necessary and /or a statement detailing football disorder and the impact of disorder in that particular Force Area - from the local Police Commander.
Where the case is brought by the British Transport Police and the offence happens on the rail or underground network some distance from the ground it is necessary to ensure there is sufficient evidence to prove the disorder or violence is football related. Sources of evidence may include a match ticket, programme, fanzine, season ticket, train tickets, football related paraphernalia (i.e. pin badges, 'calling cards' , tattoos showing team / group allegiances) and ideally a photograph of the person wearing team colours.
Football Banning Orders - Procedure
When the application is made under s14 (A) the Criminal Procedure Rule 50 requires that notice should be given to the defendant of the intention to apply for a Football Banning Order. Although Rule 50.3 states that the application must be on the requisite form, no form has been specified in the rules. The CPS and UKFPU are jointly designing a form, based on the forms used for ASBO applications and this will be issued as soon as possible. However, it is vital that the prosecutor signs the application at the earliest opportunity.
Youths
Where appropriate, Consideration should be given to diversion by way of reprimand or final warning. Conditional Cautions are not yet available for youths but will be subject to piloting in 2009 for sixteen and seventeen year olds.
There is a potential conflict between the duty to remit young offenders to the youth court for sentence (Powers of Criminal Courts (Sentencing) Act 2000 s8) [PCCSA] and the requirement for the court that convicts an offender to deal with an application for a post-conviction Football Banning Order (Football Spectators Act 1989 s14A(6)) [ FSA].This conflict has resulted in youths convicted for football related violence and disorder away from their home court being remitted to their home courts and subsequently applications for FBOs have been rejected.
To avoid this conflict it is recommended that youths should normally be charged and bailed to their "home" court, even when the offence charged is committed away from their home town/city. However, if it is clear that the case is likely to be contested and there are potentially a number of civilian witnesses then it may be necessary to charge and bail the youth to the "away" court and after conviction to represent under the exception in Section 8(2) of the PCC(S) that it would be undesirable to remit the case to the "home" court. If in such a case the convicting "away" court remits the case and the sentencing "home" court declined to impose a Ban on the grounds that it had no power to do so, then the only potential remedy would be to seek a judicial review of the decision.
Careful consideration should be given before a youth is jointly charged with an adult, to avoid the potential problems dealt with above. In cases of large scale disorder it is perfectly good practice to charge each defendant separately and for youths to be charged to the "home" court and for the adults to be charged to the "away" court.
Regulated Football Matches
Football matches that are the subject of controls under this legislation must be 'regulated football matches' (s. 14). The Football Spectators (Prescription) Order 2000 sets out which
are the regulated matches in England and Wales and elsewhere.
Those in England and Wales are, basically, any association football match in which either team is a member of the Premier League, the Football League or the Football Conference (including its subdivisions, namely its Premiership Division and its North and South 'feeder' Division). Other matches may also qualify - see the Order for further details.
Length of Football Banning Orders (S.14 (F))
When made following conviction under s. 14A, a Football Banning Order may be for up to 10 years if immediate imprisonment is imposed and must be for at least 6 years. If no immediate imprisonment is ordered, the maximum is 5 years and the minimum 3 years.
If made under the section 14 (B) civil procedures, the maximum is 5 years and the minimum 3 years (as increased by the Violent Crime Reduction Act 2006).
Additional Requirement of Football Banning Orders
Football Banning Orders can be made more effective by the use of schedule containing additional restrictions, such as a restricted zone around a ground for a period of 2 hours before to 2 hours after a match, and a prohibition on using the national rail network without the prior approval of the British Transport Police. Other restrictions may be imposed and the police, especially the FIO, may have views on what may be effective restrictions on particular individuals.
Passports and Reporting
Under s.14(E), a person who has been given a Football Banning Order must report to a specified police station within 5 days and they will have to surrender their passport when required by the Enforcing Authority (the Football Banning Orders Authority - which is part of the UKFPU) under the Act and report to a police station during the 'control periods' associated with 'regulated football matches' outside the UK (see s. 14 for the relevant definitions of control period and regulated football matches). The Violent Crime Reduction Act 2006 removed the discretion of the court not to order the surrender of a passport.
Declarations of Relevance
Through the operation of s. 23 of the Football Spectators Act 1989, the court cannot make a Football Banning Order unless it is satisfied that the offence is football related. This section provides that the court has firstly to make a declaration of relevance and can only do so once it is satisfied that the prosecutor has served a notice on the defendant (at least 5 days before the first day of the trial) indicating that the prosecution propose to show that the offence related to football matches.
The court can waive the requirement for full notice to be given if satisfied it is in the interests of justice. The defendant may also waive away his rights for full notice. A finding by the court that the offence was football related can be appealed as part of an appeal against sentence. It is important to ask the court to waive the requirements if an offender appears in custody and is dealt with at first hearing.
Prosecutors should agree with the police that a notice will be served on the defendant at the time of charge, and provision made for proving service so as to satisfy the court. The court is likely to require a copy notice.
Prosecutors should ensure that there is sufficient evidence to prove relevance to a football match and should not feel limited to incidents arising at or near the ground. It is perfectly possible for criminality that would be caught by the Schedule to include incidents some considerable distance away from the ground involving those on the way to the match or for some time before or after the actual match itself. It will usually be obvious from the circumstances, but if not, additional evidence may be available on enquiry of the police. Football Banning Orders have successfully been sought for offences over 2 miles from the ground and 5 hours after the end of the game, as well as for offences on the national rail network some distance from the game.
The court may conduct a hearing analogous to a Newton Hearing to determine the question of relevance. You will need to discuss this with your court so that prosecutors are and appear to be properly prepared.
The use of CCTV evidence may be very persuasive and lawyers should not hesitate to view such material which may save substantial numbers of police officers from having to attend court to give evidence.
The Use of Bail and Liaison with the Court
The police may impose conditions from the moment they deem there is sufficient to charge and would have charged but for the DPP's Guidance. The whole range of post charge/pre-court conditions are available and can include keeping away from certain areas and reporting at specific times. The police may now also impose conditions on bail following a release under section 37(2) PACE even if there is insufficient to charge but this should only be imposed where, in the event of a breach, the police investigation is likely to produce a charging decision.
Ordinarily however, it will be appropriate where the evidence is available for an early charge and court hearing. This may cause considerable pressure on short term listing and Areas will need to liaise with the court for an agreed strategy to deal with what may be large numbers both in custody and on bail. Additional security may be required to safeguard the court and officials.
Photographs
Section 35 of the Public Order Act 1986 entitles the court, on applications by the prosecutor, to order a person on whom a Football Banning Order has been made to attend a specified police station within 7 days at a specified time to have a photograph taken. A power of arrest exists for disobedience.
Liaison with the Police
All Areas should have at least one nominated "lead football prosecutor". Good practice is for there to be one "lead" for each Premiership and Football League Club, with one "lead" as overall coordinator for the Area. Each "lead" should develop a close working liaison with the Football Intelligence Officer for the Force or Club for which he or she is responsible. A list of "lead" prosecutors will be maintained by the "Lead CCP for football matters" (currently Nick Hawkins, CCP Hampshire and the Isle of Wight) and will be shared with the UKFPU.
The success of the improved outcomes will depend on closer working with the police at a senior level. It has been proved to be highly beneficial for the CCP or senior lawyer to liaise with the relevant Police Commander in charge.
Again, a successful model has been demonstrated by the attendance of such a person at a match to observe what the police can see from their operational control as this assists in briefing the lawyers to be tasked with advising, charging and then seeking the Football Banning Orders.
For specific events, where trouble is anticipated or an agreed crack down is to take place, success will be generated by having charging lawyers on duty at the stress periods who will deal with the early advice and charging and through case ownership, will deal with any subsequent advocacy.
Whenever a conditional caution is under consideration for a football related offence, the prosecutor must ensure that the FIO is consulted before a final decision is made. This consultation should be recorded on the MG3 to the effect that the offender is not considered a "risk supporter".
Annex to guidance on football offences
Relevant offences for obtaining banning orders
(a) Any offence under section 2(1) (unauthorised attendance at a regulated football match); 5(7) (making or using false document to obtain membership of national football scheme); 14 J (1) (failing to comply with Banning Order or requirement); or 21C (2) (failing to comply with a notice given under 21 (B) (police summary powers) of this Act).
(b) Any offence under section 2 or 2A of the Sporting Events (Control of Alcohol etc.) Act 1985 (alcohol, containers and fireworks) committed by the accused at any football match to which this Schedule applies or while entering or trying to enter the ground.
(c) Any offence under section 5 of the Public Order Act 1986 (harassment, alarm or distress) or any provision of Part III of that Act (racial hatred) committed during a period relevant to a football match to which this Schedule applies at any premises while the accused was at, or was entering or leaving or trying to enter or leave, the premises.
(d) Any offence involving the use or threat of violence by the accused towards another person committed during a period relevant to a football match to which this Schedule applies at any premises while the accused was at, or was entering or leaving or trying to enter or leave the premises.
(e) Any offence involving the use or threat of violence towards property committed during a period relevant to a football match to which this Schedule applies at any premises while the accused was at, or was entering or leaving or trying to enter or leave the premises.
(f) Any offence involving the use, carrying or possession of an offensive weapon or a firearm committed during a period relevant to a football match to which this Schedule applies at any premises while the accused was at, or was entering or leaving or trying to enter or leave, the premises.
(g) Any offence under section 12 of the Licensing Act 1872 (persons found drunk in public places, etc.) of being found drunk in a highway or other public place committed while the accused was on a journey to or from a football match to which this Schedule applies being an offence as respects which the court makes a declaration that the offence related to football matches.
(h) Any offence under section 91(1) of the Criminal Justice Act 1967 (disorderly behaviour while drunk in a public place) committed in a highway or other public place while the accused was on a journey to or from a football match to which this Schedule applies being an offence as respects which the court makes a declaration that the offence related to football matches.
(i) Any offence under section 1 of the Sporting Events (Control of Alcohol etc.) Act 1985 (alcohol on coaches or trains to or from sporting events) committed while the accused was on a journey to or from a football match to which this Schedule applies being an offence as respects which the court makes a declaration that the offence related to football matches.
(j) Any offence under section 5 of the Public Order Act 1986 (harassment, alarm or distress) or any provision of Part III of that Act (racial hatred) committed while the accused was on a journey to or from a football match to which this Schedule applies being an offence as respects which the court makes a declaration that the offence related to football matches.
(k) Any offence under section 4 or 5 of the Road Traffic Act 1988 (driving etc. when under the influence of drink or drugs or with an alcohol concentration above the prescribed limit) committed while the accused was on a journey to or from a football match to which this Schedule applies being an offence as respects which the court makes a declaration that the offence related to football matches.
(l) Any offence involving the use or threat of violence by the accused towards another person committed while one or each of them was on a journey to or from a football match to which this Schedule applies being an offence as respects which the court makes a declaration that the offence related to football matches.
(m) Any offence involving the use or threat of violence towards property committed while the accused was on a journey to or from a football match to which this Schedule applies being an offence as respects which the court makes a declaration that the offence related to football matches.
(n) Any offence involving the use, carrying or possession of an offensive weapon or a firearm committed while the accused was on a journey to or from a football match to which this Schedule applies being an offence as respects which the court makes a declaration that the offence related to football matches.
(o) Any offence under the Football (Offences) Act 1991
(p) Any offence under section 5 of the Public Order Act 1986 (harassment, alarm or distress) or any provision of Part III of that Act (racial hatred)
• which does not fall within paragraph (c) or (k) above
• which was committed during a period relevant to a football match to which this Schedule applies, and
• as respects which the court makes a declaration that the offence related to that match or to that match and any other football match which took place during that period
(q) Any offence involving the use or threat of violence (includes section 4 POA) by the accused towards another person
• which does not fall within paragraph (d) or (m) above
• which was committed during a period relevant to a football match to which this Schedule applies, and
• as respects which the court makes a declaration that the offence related to that match or to that match and any other football match which took place during that period.
(r) Any offence involving the use or threat of violence by the accused towards property-
• Which does not fall within paragraph (e) or (n) above,
• Which was committed during a period relevant to a football match to which this Schedule applies, and
• As respects which the court makes a declaration that the offence related to that match or to that match and any other football match which took place during that period.
(s) Any offence involving the use, carrying or possession of an offensive weapon or a firearm:
• Which does not fall within paragraph (f) or (o) above,
• Which was committed during a period relevant to a football match to which this Schedule applies, and
• As respects which the court makes a declaration that the offence related to that match or to that match and any other football match which took place during that period.
(t) Any offence under section 166 of the Criminal Justice and Public Order Act 1994 (sale of tickets by unauthorised persons) which relates to tickets for a football match.
(u) Any reference to an offence above includes:
• A reference to any attempt, conspiracy or incitement to commit that offence, and
• A reference to aiding and abetting, counselling or procuring the commission of that offence.
(v) For the purposes of paragraphs (g) to (o) above:
• A person may be regarded as having been on a journey to or from a football match to which this Schedule applies whether or not he attended or intended to attend the match, and
• A person's journey includes breaks (including overnight breaks).
(w) In this Schedule, "football match" means a match which is a regulated football match for the purposes of Part II of the Act.
Section 2.
The Throwing of missiles.
It is an offence for a person at a designated football match to throw anything at or towards—
(a) The playing area, or any area adjacent to the playing area to which spectators are not generally admitted, or
(b) Any area in which spectators or other persons are or may be present, without lawful authority or lawful excuse (which shall be for him to prove).
Section 2 Violent disorder.
Where 3 or more persons who are present together use or threaten unlawful violence and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety, each of the persons using or threatening unlawful violence is guilty of violent disorder.
It is immaterial whether or not the 3 or more use or threaten unlawful violence simultaneously.
No person of reasonable firmness need actually be, or be likely to be, present at the scene.
Violent disorder may be committed in private as well as in public places.
A person guilty of violent disorder is liable on conviction on indictment to imprisonment for a term not exceeding 5 years or a fine or both, or on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both.
Section 4 Public Order Act 1986:-
(1) A person is guilty of an offence if he:—
(a) Uses towards another person threatening, abusive or insulting words or behaviour, or
(b) distributes or displays to another person any writing, sign or other visible representation which is threatening, abusive or insulting, with intent to cause that person to believe that immediate unlawful violence will be used against him or another by any person, or to provoke the immediate use of unlawful violence by that person or another, or whereby that person is likely to believe that such violence will be used or it is likely that such violence will be provoked.
(2) An offence under this section may be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the writing, sign or other visible representation is distributed or displayed, by a person inside a dwelling and the other person is also inside that or another dwelling.
[(3) A constable may arrest without warrant anyone he reasonably suspects is committing an offence under this section.]
(4) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale or both.
Section 5.
Harassment, alarm or distress.
— (1) A person is guilty of an offence if he—
(a) Uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or
(b) Displays any writing, sign or other visible representation which is threatening, abusive or insulting,
Within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby.
(2) An offence under this section may be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the writing, sign or other visible representation is displayed, by a person inside a dwelling and the other person is also inside that or another dwelling.
(3) It is a defence for the accused to prove—
(a) that he had no reason to believe that there was any person within hearing or sight who was likely to be caused harassment, alarm or distress, or
(b) that he was inside a dwelling and had no reason to believe that the words or behaviour used, or the writing, sign or other visible representation displayed, would be heard or seen by a person outside that or any other dwelling, or
(c) That his conduct was reasonable.
(4) A constable may arrest a person without warrant if—
(a) He engages in offensive conduct which [F2 a] constable warns him to stop, and
(b) He engages in further offensive conduct immediately or shortly after the warning.
(5) In subsection (4) “offensive conduct” means conduct the constable reasonably suspects to constitute an offence under this section, and the conduct mentioned in paragraph (a) and the further conduct need not be of the same nature.
(6) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Going to football? Know your rights!!
The laws relating to football and public order are very loosely worded and open to interpretation. This guide is intended to help football fans get an understanding of the basic laws and their rights.
Ticket laws
Under the Criminal Justice and Public Order Act it is a criminal offence for you to resell a spare ticket - even if it is for cost price or less - or even free!
Stop and Search.
The police have the right to stop and search you outside the ground if they have 'reasonable suspicion' that you have committed a criminal offence, or if a senior officer believes that there is a likely incident of serious violence in the area'.
You can also be searched as you enter the ground and have personal items confiscated.
These include banners with poles, flares, bottles, cameras etc. You may experience great difficulty in getting your possessions back after the game. You are advised to get written permission from the club before attempting to bring in large flags, musical instruments etc.
Where you can be searched
the police can search you in any place that is generally open to the public. This means they can search you anywhere other than your home and your garden, or the home or garden of someone who has given you permission to be there.
Section 27 of the Violent Crime Reduction Act 2006 is designed to prevent potential 'alcohol-related disorder' and gives the police powers to move individuals on from a specified area for up 48 hours. The police serving the order need to have good reason and evidence to support their assertion that you are likely to cause alcohol-related crime or disorder (just being in a pub is not just cause).
If you’re told to move on from the locality, the police can specify the means and route, although the law fails to define 'locality,' so they could force you to travel a considerable distance.
Note: The police have no powers to make you sign anything. If you feel you've been unfairly dealt with under S27, get the details of the officer concerned and - ideally - get it all on camera, along with the names of any witnesses.
If you want to argue the toss, ask to speak to a senior officer and put your case forward peacefully while complying with the order (i.e. walking away). If you stand your ground you're likely to be arrested and/or fined by the courts.
Section 60 of the Criminal Justice Act could also potentially be used against football fans. This piece of legislation allows police to corral large numbers of people into a confined area and conduct basic searches as well as taking names, addresses and photographs.
If you're being held under Section 60, officers can search you for 'offensive weapons or dangerous instruments' and ask you to remove outer clothing, such as coats and jumpers in public. In addition, s60(4A) allows the police to force you to remove anything they reasonably suspect you are wearing wholly or mainly to conceal your identity.
Drink
you are not allowed to bring alcohol in to a football match and it is also an offence to he drunk or under the influence of drugs inside the ground. Chanting: it is an offence to join in with racial and abusive chanting.
You may also find yourself in trouble for standing up and joining in with chanting 'likely to cause alarm and distress'.
Stewards
Most clubs employ stewards for crowd control. They have the rights of citizens arrest' (i.e. if you have committed a criminal offence they can arrest you and hand you over to the police) but in reality the police will invariably back up their actions, right or wrong.
Police powers of arrest
The cops can arrest you if they have a valid arrest warrant, or:
* you are in the act of committing certain offences
* they have reasonable grounds for suspecting you are committing certain offences
* they have reasonable grounds for suspecting you have committed certain offences
* you are about to commit certain offences
* they have reasonable grounds for suspecting you are about to commit certain offences.
They can also arrest you if they have reasonable grounds for suspecting you have committed or attempted to commit any offence, or if you are committing or attempting to commit any offence, but it is impractical or inappropriate to serve a summons.
However, the police can only do this if one of the following conditions applies:-
* they do not know, and cannot get your name
* they think you have given a false name
* you have not given a satisfactory address. This means an address where the police can contact you
* they think you have given a false address
* the arrest is necessary to prevent you causing physical injury to yourself or others, suffering physical injury, causing loss or damage to property, committing an offence against public decency, or causing an unlawful obstruction of the highway
* they have reasonable grounds for believing that arrest is necessary to protect a child or other vulnerable person.
If they are arresting you because you have failed to give them a satisfactory address they must first explain that you may be arrested and give you to opportunity to give them the address.
If you are arrested
stay calm. Do not offer any physical resistance to the arrest.
Ensure that a friend or colleague knows that you have been arrested. Take a note of the number of the officer arresting you and any other officers involved.
Try to remember exactly what you were doing at the lime of the arrest. Write this down as soon as you can. Get the name of any witnesses, or ask someone to do this for you.
In Police Custody
you have the right to a solicitor and to have someone informed that you have been arrested.
There is a Duty Solicitor available who can be contacted at the Police Station and this service is free. We advise you to answer 'No comment' to all questions and not to make any statement either written or verbal until you have seen a solicitor.
You are obliged, however, to give your name and address.
Once you are charged you should be released (the police will usually try to verity your identity first)- It not, you should discuss bail with your solicitor. The police can fingerprint & photograph you if you are charged.
If the police assault you go to hospital immediately and get your injuries recorded.
YOU HAVE THE RIGHT TO BE TREATED FAIRLY AND WITH RESPECT BY THE POLICE.
You do not have to say anything to the police. BUT if you are later charged with a crime and you have not mentioned, when questioned, something that you later rely on in court, then this may be taken into account when deciding if you are guilty.
There may be good reasons why you do not wish to say anything to the police, and you should not be intimidated into answering questions. Get a solicitor down to see you in the police station as soon as possible.
REMEMBER:
* There may be times when if you give an innocent explanation for what you have done, the police may leave you alone.
* It is wise not to discuss the case with the police until you have consulted privately with a solicitor
* If the police are about to arrest you or have already arrested you, there is no such thing as a friendly chat' to sort things out. Anything you say can later be used against you. Think before you talk.
WHEN THE POLICE GET IT WRONG
If you want to challenge anything the police have done then get the names and addresses of any witnesses, make a written record as soon as possible after the event. It should be witnessed, dated and signed. If you are injured, or property is damaged, then take photographs or video recordings as soon as possible and have physical injuries medically examined.
If you have been treated unfairly then complain to a civil liberties group such as Release or contact a solicitor about possible legal action.
ON THE STREET If you are stopped by the police:
If they are not in uniform then ask to see their warrant card.
Ask why you have been stopped and at the end ask for a record of the search.
You can be stopped and searched if the police have a reasonable suspicion that you are in possession of: 1. controlled drugs
2. offensive weapon or firearms
3. carrying a sharp article
4. carrying stolen goods
5. if you are in a coach or train, going to, or you have arrived at, a sports stadium
There are other situations where you can be stopped and searched, for example:
If police fear there might be serious violence in a particular area they can stop and search anyone in that area for up to 24 hours. In these circumstances the police do not need co have a reasonable suspicion that you are carrying a weapon or committing a crime.
REMEMBER:
You run the risk of both physical injury and serious criminal charges if you physically resist a search. If it is an unlawful search you should take action afterwards by using the law.
IN A POLICE STATION
you always have the right:
* to be treated humanely and with respect.
* To see the written codes governing your right and how you are treated.
* To speak to the custody officer (the officer who must look after your welfare).
* To know why you have been arrested.
You also have the right (but they can in rare situations be delayed):
* to have someone notified of your arrest (not to make a phone call yourself).
* To consult with a solicitor privately.
REMEMBER:
Do not panic. You cannot be locked up indefinitely.
The police sometimes keep you isolated and waiting in the cell to 'soften you up'. Above all else, try to keep calm. The police can only keep you for a certain period of time - normally a maximum of 24 hours (36 hours for a serious arrestable offence).
Make sure the correct time for your arrest is on the custody record.
Make sure you know why you have been arrested.
Insist on seeing a solicitor (you might have to wait, but it's always free). Ask them to be present when you are interviewed. Do not be put off seeing a solicitor by the police. It is your right, and it's free.
If you ask for anything and it is refused make sure this is written down on the custody record.
SEARCH OF YOUR HOME
The police can search premises with the consent of the occupier. A warrant can obtained from magistrates by the police to search premises for evidence of certain crimes.
The police can enter premises WITHOUT a search warrant in many situations, including:
* following an arrest, the police are allowed to search premises the detained person occupies or has control over.
* to capture an escaped prisoner
* to arrest someone for an arrestable offence or certain public order offences.
* To protect life or to stop serious damage to property.
...other laws give police specific powers to enter premises.
REMEMBER:
You are entitled to see a copy of any search warrant.
Police can use reasonable force to gain entry.
Police should give you information about their powers to search premises.
A record of the search must be kept by the police.
You or a friend should be allowed to be present during the search but this right can be refused if it is thought it might hinder investigations.
Section 27 and Football
Like the Criminal Justice Act before it, Section 27 of the Violent Crime Reduction Act 2006 was not specifically aimed at football fans, but is increasingly being used by police against fans.
Designed to prevent potential 'alcohol-related disorder,' the act gives the police powers to move individuals on from a specified area for up 48 hours.
The police serving the order need to have good reason and evidence to support their assertion that you are likely to cause alcohol-related crime or disorder (so just being in a pub is not just cause).
If you’re told to move on from the locality, the police can specify the means and route, although the law fails to define 'locality,' so they could force you to travel a considerable distance.
Note: The police have no powers to make you sign anything. If you feel you've been unfairly dealt with under S27, get the details of the officer concerned and - ideally - get it all on camera, along with the names of any witnesses.
If you want to argue the toss, ask to speak to a senior officer and put your case forward peacefully while complying with the order (i.e. walking away). If you stand your ground you're likely to be arrested and/or fined by the courts.
Campaign against Section 27
In a joint press statement(18.12.08), Liberty and the Football Supporters Federation (FSF) highlighted their concerns about their legislation:
Relying on section 27 of the Violent Crime Reduction Act, the Greater Manchester Police rounded up 80 Stoke City fans who had stopped at a pub on the way to a match at Old Trafford on 15 November.
Although the fans were well-behaved and the pub landlord had no complaints, supporters were detained for up to four hours and transported by the police back to Stoke-on-Trent on coaches, missing the game.
Deprived of toilet facilities on the coach, the supporters were instructed to urinate into cups, which spilled over the floor of the bus so that they had to sit with urine sloshing around their feet for the 40 mile journey back.
In recent weeks there have been more and more reports of police using section 27 to prevent fans attending football matches with the FSF receiving many first-hand accounts from supporters of clubs across England. The FSF is launching a campaign fund to defend the rights of football fans wrongly served with section 27 orders.
Malcolm Clarke, chair of the FSF, said:
"This legislation was clearly designed to allow the moving on of individuals or small groups misbehaving under the influence of alcohol. It was not designed to enable police to impose football banning orders at will across entire counties."
"Section 27 gives police instant power to walk all over the civil rights of supporters if they happen to be in the wrong place at the wrong time. No evidence appears to be needed, and no crime needs to have been committed." "I would encourage any supporter who has been an unjustified victim of Section 27 to get in touch with the FSF and make their voice heard. We are taking this very, very seriously."
Anna Fairclough, legal officer for Liberty said:
"This is a football-loving country and it's not only wrong, but also seriously counter-productive to treat all fans as hooligans. Liberty is proud to take on this case and intends to use the Human Rights Act to prevent abuses of this kind happening again."
Police view on banning orders
Following the excellent work of some CPS Areas over the past few years working closely with the police to tackle football related violence and hooliganism, the Director has decided that this close liaison with the police should become the standard in all Areas for the future. Well planned and co-ordinated arrangements have produced high profile improvements locally in case outcomes and have enjoyed the overwhelming support of the public and press.
As Areas develop their expertise in charging and giving early advice, the police will benefit from informed legal advice on what evidence to seek to bring to justice a high proportion of those arrested for football related offences. Each police force will have one or more Football Intelligence Officers and Areas should nominate a lead prosecutor to liaise with the police on football matches. Where an Area contains a number of clubs, it may be wise to have a point of contact for each club. The United Kingdom Football Policing Unit (UKFPU) will maintain and provide a list of Football Intelligence Officers (FIO).
Top of page
Guidance
The Legislation Affecting Football Matches
The Legislation concerned can be found in Archbold 2005 (5-821). Guidance is available on the Police National Legal Database and copies of the complete Acts of Parliament are available on the web site http://www.opsi.gov.uk.
Public Interest Considerations - Decisions to Prosecute
Although of course each case will depend on its own facts, once the evidential test has been passed, the Director of Public Prosecutions has decided that for offences which are prima facie football related, there will be a strong presumption in favour of prosecution. In the highly unlikely event that a prosecution does not proceed on public interest grounds, managers will wish to see that there are clear and appropriate grounds recorded for not proceeding and that these are discussed and wherever possible agreed with the police.
Out-of-Court Disposals - Conditional Cautions
While out of court disposals that involve Simple Cautions or Penalty Notices for Disorder will hardly ever be appropriate, it may still be appropriate to consider a conditional caution for minor offences committed by persons who have no previous record of football related, public order, assault or criminal damage offences. Football Banning Orders cannot be obtained on the back of any out-of-court disposals though an offender who fails to comply with a conditional caution in relation to a football related offence will be liable for an application for a banning order to be made should the original offence be prosecuted.
Conditions may include not to attend any regulated football match or a particular football ground, with the additional condition to report to a particular police station at kick off times. The period should never exceed 3 months and should be for as short a period as is necessary and proportionate in relation to the offence and the offender; for example for a minor infraction, a period of a month would still be a considerable hardship. Failure to comply will be detected by being caught through the vigilance of the local police and it may be possible for the club to report the use, say, of a season ticket by a temporary banned fan. It may also be possible for conditions to include not to approach an individual or go to a particular location; for example, a public house close to a football club. (See the Director's Guidance on Conditional Cautions for further information).
Conditional cautions may also be appropriate for anti-social behaviour in and around football matches that could not be properly classified as football related.
Whenever a conditional caution is under consideration for a football related offence, the prosecutor must ensure that the FIO is consulted before a final decision is made. This consultation should be recorded on the MG3 to the effect that the offender is not considered a "risk supporter".
Conditional cautions for youths (sixteen and seventeen year olds) are to be piloted in 2009.
Football Banning Orders - s. 14 A
Risk supporters (more commonly referred to as hooligans) hate and fear Football Banning Orders. They are the main weapon we have and they must be sought wherever possible. Most football related disorder takes place away from football grounds, often affecting local public houses. Organised disorder can involve rival groups of supporters meeting some distance from the ground. Railway and bus stations have also been the scenes of disorder.
Where a person is convicted of a 'relevant offence', the court MUST make a Football Banning Order if satisfied that there are reasonable grounds to believe that it would help to prevent violence or disorder at or in connection with any regulated football matches (s.14A (1)). If the court is not so satisfied, it must state its reasons in open court (s. 14 A (2)).
It is particularly important for all to understand which offences are football related 'relevant offences' since it is these that enable the court to make Football Banning Orders. It is the exclusion from football matches, limitations on travel and other restrictions on liberty which are going to stop those intent on causing trouble at football matches in the future and safeguard the safety and enjoyment of genuine fans as well as the UK's reputation abroad.
For the avoidance of doubt, the First Schedule to the 1989 Act which lists all the 'relevant offences' has been replaced by Schedule1 of the Football (Disorder) Act 2000 and is attached to this Guidance as an Annex. It is important for those advising and charging these offences to be familiar with the Schedule and for the individual points to prove to be thoroughly understood. Having the list to hand when advising the police or making a charging decision will aid the process of obtaining more Football Banning Order 'hits'. The Police National Legal Database is also extremely useful and contains suggested wording for charges under the Football Acts.
Where the offences have been charged by the police under the Director's Guidance on Charging, it will be important for a reviewing lawyer or designated caseworker to check that the opportunity has been taken to charge a football related offence where possible and that the evidence exists to enable the court to make a declaration of relevance (see below).
Where good grounds exist and the court have refused to make a Football Banning Order, it will be important for a full note to be kept of the reasons given for not making an order and for urgent consideration (if necessary after urgent and immediate discussions with line management in accordance with local practice) to consider an appeal under the Violent Crime Reduction Act 2006 provisions: namely at Schedule 3, paragraph 3. If the failure is by the magistrates' court, the appeal is to the Crown Court. If by the Crown Court, the appeal is to the Court of Appeal but only if the judge grants a certificate that his decision is fit for an appeal. Any appeal against a finding or Football Banning Order should be responded to by the CPS. The Criminal Procedure Rule 63(3) specifies that notice of appeal shall be made not later than 21 days after the failure to make the order.
Prosecutors should be aware that the Violent Crime Reduction Act (VCRA) 2006 has amended s14A and B so that a court is now permitted to remand an offender if proceedings are adjourned. The court can also impose bail conditions of not permitting the offender to leave England and Wales prior to his appearance and requiring the offender to surrender his passport.
The court that hears the appeal will only have the power to make an order as that of the court from which the appeal was brought.
'Civil' Football Banning Orders - s. 14 B - on Complaint
From the 6th April 2007 prosecutors are able to apply for a 'civil' football banning order. The court must make an order if satisfied that the respondent has at any time caused or contributed to any violence or disorder in the UK or elsewhere and that there are reasonable grounds to believe that it would help to prevent violence or disorder at or in connection with any regulated football matches.
For s.14 (A) and (B), "violence" means violence against persons or property and includes threatening violence and doing anything which endangers the life of any person.
Also, disorder includes:
a. stirring up hatred against a group of persons defined by reference to colour, race, nationality (including citizenship) or ethnic or national origins, or against an individual as a member of such a group,
b. using threatening, abusive or insulting words or behaviour or disorderly behaviour,
c. displaying any writing or other thing which is threatening, abusive or insulting.
Most importantly, the terms "violence" and "disorder" are not limited to violence or disorder in connection with football.
The courts are given a wide discretion of what to take into account in making a s. 14B Football Banning Order; this includes decisions of foreign courts, evidence of deportation back to the UK, removal from football matches wherever this occurred and conduct recorded visually - e.g. CCTV.
The court can look at the conduct of the responded for up to ten years before the application for the making of an order.
If one is unable to proceed to a conviction for a (football) relevant offence in all circumstances, it may still be possible to apply for an order under s.14 (B). Prosecutors should discuss this with police officers prior to the hearing.
Football Banning Orders - Evidence
Whether the application is made under s14 (A) or s14 (B) it is important to call evidence to show the court why the Football Banning Order is needed. In s14 (A) applications the offence itself may be sufficient evidence to prove the necessity of a Ban, but prosecutors should always consider calling additional evidence to establish the defendant/respondent's history of behaviour associated with football. In all cases the prosecutor should ensure that the Court is made aware of the impact of violence and disorder at and around football matches. What might appear to be an isolated incident by a person of good character (e.g. running on the pitch) could actually be the trigger for more widespread disorder. The FIO preparing the evidence in support of the application should provide either an MG5 detailing why a Ban is necessary and /or a statement detailing football disorder and the impact of disorder in that particular Force Area - from the local Police Commander.
Where the case is brought by the British Transport Police and the offence happens on the rail or underground network some distance from the ground it is necessary to ensure there is sufficient evidence to prove the disorder or violence is football related. Sources of evidence may include a match ticket, programme, fanzine, season ticket, train tickets, football related paraphernalia (i.e. pin badges, 'calling cards' , tattoos showing team / group allegiances) and ideally a photograph of the person wearing team colours.
Football Banning Orders - Procedure
When the application is made under s14 (A) the Criminal Procedure Rule 50 requires that notice should be given to the defendant of the intention to apply for a Football Banning Order. Although Rule 50.3 states that the application must be on the requisite form, no form has been specified in the rules. The CPS and UKFPU are jointly designing a form, based on the forms used for ASBO applications and this will be issued as soon as possible. However, it is vital that the prosecutor signs the application at the earliest opportunity.
Youths
Where appropriate, Consideration should be given to diversion by way of reprimand or final warning. Conditional Cautions are not yet available for youths but will be subject to piloting in 2009 for sixteen and seventeen year olds.
There is a potential conflict between the duty to remit young offenders to the youth court for sentence (Powers of Criminal Courts (Sentencing) Act 2000 s8) [PCCSA] and the requirement for the court that convicts an offender to deal with an application for a post-conviction Football Banning Order (Football Spectators Act 1989 s14A(6)) [ FSA].This conflict has resulted in youths convicted for football related violence and disorder away from their home court being remitted to their home courts and subsequently applications for FBOs have been rejected.
To avoid this conflict it is recommended that youths should normally be charged and bailed to their "home" court, even when the offence charged is committed away from their home town/city. However, if it is clear that the case is likely to be contested and there are potentially a number of civilian witnesses then it may be necessary to charge and bail the youth to the "away" court and after conviction to represent under the exception in Section 8(2) of the PCC(S) that it would be undesirable to remit the case to the "home" court. If in such a case the convicting "away" court remits the case and the sentencing "home" court declined to impose a Ban on the grounds that it had no power to do so, then the only potential remedy would be to seek a judicial review of the decision.
Careful consideration should be given before a youth is jointly charged with an adult, to avoid the potential problems dealt with above. In cases of large scale disorder it is perfectly good practice to charge each defendant separately and for youths to be charged to the "home" court and for the adults to be charged to the "away" court.
Regulated Football Matches
Football matches that are the subject of controls under this legislation must be 'regulated football matches' (s. 14). The Football Spectators (Prescription) Order 2000 sets out which
are the regulated matches in England and Wales and elsewhere.
Those in England and Wales are, basically, any association football match in which either team is a member of the Premier League, the Football League or the Football Conference (including its subdivisions, namely its Premiership Division and its North and South 'feeder' Division). Other matches may also qualify - see the Order for further details.
Length of Football Banning Orders (S.14 (F))
When made following conviction under s. 14A, a Football Banning Order may be for up to 10 years if immediate imprisonment is imposed and must be for at least 6 years. If no immediate imprisonment is ordered, the maximum is 5 years and the minimum 3 years.
If made under the section 14 (B) civil procedures, the maximum is 5 years and the minimum 3 years (as increased by the Violent Crime Reduction Act 2006).
Additional Requirement of Football Banning Orders
Football Banning Orders can be made more effective by the use of schedule containing additional restrictions, such as a restricted zone around a ground for a period of 2 hours before to 2 hours after a match, and a prohibition on using the national rail network without the prior approval of the British Transport Police. Other restrictions may be imposed and the police, especially the FIO, may have views on what may be effective restrictions on particular individuals.
Passports and Reporting
Under s.14(E), a person who has been given a Football Banning Order must report to a specified police station within 5 days and they will have to surrender their passport when required by the Enforcing Authority (the Football Banning Orders Authority - which is part of the UKFPU) under the Act and report to a police station during the 'control periods' associated with 'regulated football matches' outside the UK (see s. 14 for the relevant definitions of control period and regulated football matches). The Violent Crime Reduction Act 2006 removed the discretion of the court not to order the surrender of a passport.
Declarations of Relevance
Through the operation of s. 23 of the Football Spectators Act 1989, the court cannot make a Football Banning Order unless it is satisfied that the offence is football related. This section provides that the court has firstly to make a declaration of relevance and can only do so once it is satisfied that the prosecutor has served a notice on the defendant (at least 5 days before the first day of the trial) indicating that the prosecution propose to show that the offence related to football matches.
The court can waive the requirement for full notice to be given if satisfied it is in the interests of justice. The defendant may also waive away his rights for full notice. A finding by the court that the offence was football related can be appealed as part of an appeal against sentence. It is important to ask the court to waive the requirements if an offender appears in custody and is dealt with at first hearing.
Prosecutors should agree with the police that a notice will be served on the defendant at the time of charge, and provision made for proving service so as to satisfy the court. The court is likely to require a copy notice.
Prosecutors should ensure that there is sufficient evidence to prove relevance to a football match and should not feel limited to incidents arising at or near the ground. It is perfectly possible for criminality that would be caught by the Schedule to include incidents some considerable distance away from the ground involving those on the way to the match or for some time before or after the actual match itself. It will usually be obvious from the circumstances, but if not, additional evidence may be available on enquiry of the police. Football Banning Orders have successfully been sought for offences over 2 miles from the ground and 5 hours after the end of the game, as well as for offences on the national rail network some distance from the game.
The court may conduct a hearing analogous to a Newton Hearing to determine the question of relevance. You will need to discuss this with your court so that prosecutors are and appear to be properly prepared.
The use of CCTV evidence may be very persuasive and lawyers should not hesitate to view such material which may save substantial numbers of police officers from having to attend court to give evidence.
The Use of Bail and Liaison with the Court
The police may impose conditions from the moment they deem there is sufficient to charge and would have charged but for the DPP's Guidance. The whole range of post charge/pre-court conditions are available and can include keeping away from certain areas and reporting at specific times. The police may now also impose conditions on bail following a release under section 37(2) PACE even if there is insufficient to charge but this should only be imposed where, in the event of a breach, the police investigation is likely to produce a charging decision.
Ordinarily however, it will be appropriate where the evidence is available for an early charge and court hearing. This may cause considerable pressure on short term listing and Areas will need to liaise with the court for an agreed strategy to deal with what may be large numbers both in custody and on bail. Additional security may be required to safeguard the court and officials.
Photographs
Section 35 of the Public Order Act 1986 entitles the court, on applications by the prosecutor, to order a person on whom a Football Banning Order has been made to attend a specified police station within 7 days at a specified time to have a photograph taken. A power of arrest exists for disobedience.
Liaison with the Police
All Areas should have at least one nominated "lead football prosecutor". Good practice is for there to be one "lead" for each Premiership and Football League Club, with one "lead" as overall coordinator for the Area. Each "lead" should develop a close working liaison with the Football Intelligence Officer for the Force or Club for which he or she is responsible. A list of "lead" prosecutors will be maintained by the "Lead CCP for football matters" (currently Nick Hawkins, CCP Hampshire and the Isle of Wight) and will be shared with the UKFPU.
The success of the improved outcomes will depend on closer working with the police at a senior level. It has been proved to be highly beneficial for the CCP or senior lawyer to liaise with the relevant Police Commander in charge.
Again, a successful model has been demonstrated by the attendance of such a person at a match to observe what the police can see from their operational control as this assists in briefing the lawyers to be tasked with advising, charging and then seeking the Football Banning Orders.
For specific events, where trouble is anticipated or an agreed crack down is to take place, success will be generated by having charging lawyers on duty at the stress periods who will deal with the early advice and charging and through case ownership, will deal with any subsequent advocacy.
Whenever a conditional caution is under consideration for a football related offence, the prosecutor must ensure that the FIO is consulted before a final decision is made. This consultation should be recorded on the MG3 to the effect that the offender is not considered a "risk supporter".
Annex to guidance on football offences
Relevant offences for obtaining banning orders
(a) Any offence under section 2(1) (unauthorised attendance at a regulated football match); 5(7) (making or using false document to obtain membership of national football scheme); 14 J (1) (failing to comply with Banning Order or requirement); or 21C (2) (failing to comply with a notice given under 21 (B) (police summary powers) of this Act).
(b) Any offence under section 2 or 2A of the Sporting Events (Control of Alcohol etc.) Act 1985 (alcohol, containers and fireworks) committed by the accused at any football match to which this Schedule applies or while entering or trying to enter the ground.
(c) Any offence under section 5 of the Public Order Act 1986 (harassment, alarm or distress) or any provision of Part III of that Act (racial hatred) committed during a period relevant to a football match to which this Schedule applies at any premises while the accused was at, or was entering or leaving or trying to enter or leave, the premises.
(d) Any offence involving the use or threat of violence by the accused towards another person committed during a period relevant to a football match to which this Schedule applies at any premises while the accused was at, or was entering or leaving or trying to enter or leave the premises.
(e) Any offence involving the use or threat of violence towards property committed during a period relevant to a football match to which this Schedule applies at any premises while the accused was at, or was entering or leaving or trying to enter or leave the premises.
(f) Any offence involving the use, carrying or possession of an offensive weapon or a firearm committed during a period relevant to a football match to which this Schedule applies at any premises while the accused was at, or was entering or leaving or trying to enter or leave, the premises.
(g) Any offence under section 12 of the Licensing Act 1872 (persons found drunk in public places, etc.) of being found drunk in a highway or other public place committed while the accused was on a journey to or from a football match to which this Schedule applies being an offence as respects which the court makes a declaration that the offence related to football matches.
(h) Any offence under section 91(1) of the Criminal Justice Act 1967 (disorderly behaviour while drunk in a public place) committed in a highway or other public place while the accused was on a journey to or from a football match to which this Schedule applies being an offence as respects which the court makes a declaration that the offence related to football matches.
(i) Any offence under section 1 of the Sporting Events (Control of Alcohol etc.) Act 1985 (alcohol on coaches or trains to or from sporting events) committed while the accused was on a journey to or from a football match to which this Schedule applies being an offence as respects which the court makes a declaration that the offence related to football matches.
(j) Any offence under section 5 of the Public Order Act 1986 (harassment, alarm or distress) or any provision of Part III of that Act (racial hatred) committed while the accused was on a journey to or from a football match to which this Schedule applies being an offence as respects which the court makes a declaration that the offence related to football matches.
(k) Any offence under section 4 or 5 of the Road Traffic Act 1988 (driving etc. when under the influence of drink or drugs or with an alcohol concentration above the prescribed limit) committed while the accused was on a journey to or from a football match to which this Schedule applies being an offence as respects which the court makes a declaration that the offence related to football matches.
(l) Any offence involving the use or threat of violence by the accused towards another person committed while one or each of them was on a journey to or from a football match to which this Schedule applies being an offence as respects which the court makes a declaration that the offence related to football matches.
(m) Any offence involving the use or threat of violence towards property committed while the accused was on a journey to or from a football match to which this Schedule applies being an offence as respects which the court makes a declaration that the offence related to football matches.
(n) Any offence involving the use, carrying or possession of an offensive weapon or a firearm committed while the accused was on a journey to or from a football match to which this Schedule applies being an offence as respects which the court makes a declaration that the offence related to football matches.
(o) Any offence under the Football (Offences) Act 1991
(p) Any offence under section 5 of the Public Order Act 1986 (harassment, alarm or distress) or any provision of Part III of that Act (racial hatred)
• which does not fall within paragraph (c) or (k) above
• which was committed during a period relevant to a football match to which this Schedule applies, and
• as respects which the court makes a declaration that the offence related to that match or to that match and any other football match which took place during that period
(q) Any offence involving the use or threat of violence (includes section 4 POA) by the accused towards another person
• which does not fall within paragraph (d) or (m) above
• which was committed during a period relevant to a football match to which this Schedule applies, and
• as respects which the court makes a declaration that the offence related to that match or to that match and any other football match which took place during that period.
(r) Any offence involving the use or threat of violence by the accused towards property-
• Which does not fall within paragraph (e) or (n) above,
• Which was committed during a period relevant to a football match to which this Schedule applies, and
• As respects which the court makes a declaration that the offence related to that match or to that match and any other football match which took place during that period.
(s) Any offence involving the use, carrying or possession of an offensive weapon or a firearm:
• Which does not fall within paragraph (f) or (o) above,
• Which was committed during a period relevant to a football match to which this Schedule applies, and
• As respects which the court makes a declaration that the offence related to that match or to that match and any other football match which took place during that period.
(t) Any offence under section 166 of the Criminal Justice and Public Order Act 1994 (sale of tickets by unauthorised persons) which relates to tickets for a football match.
(u) Any reference to an offence above includes:
• A reference to any attempt, conspiracy or incitement to commit that offence, and
• A reference to aiding and abetting, counselling or procuring the commission of that offence.
(v) For the purposes of paragraphs (g) to (o) above:
• A person may be regarded as having been on a journey to or from a football match to which this Schedule applies whether or not he attended or intended to attend the match, and
• A person's journey includes breaks (including overnight breaks).
(w) In this Schedule, "football match" means a match which is a regulated football match for the purposes of Part II of the Act.
Re: Information to help football fans
Wed May 11, 2011 12:28 pm
thanks, read about half of it and then it got a bit long, interesting none the less
Re: Information to help football fans
Wed May 11, 2011 12:39 pm
Yes it is long and a bit boring at times to be honest, but it may be of interest or help to fans in need of support...It is hard on your own and everyone is entitled to know their rights.
Re: " Information to Help Football Fans "
Wed May 11, 2011 4:16 pm
I am now 4 years older 
but in a nut shell if i go to the game i do not speak look at any one . I sit down drink Bovrill from my thermos flask and if we score i do nothing but give a thumbs up. Anything else i am looking at up to 5 years doing Porridge with Norman Stanley Fletcher. Glad i am watching the game on the box on Friday
but in a nut shell if i go to the game i do not speak look at any one . I sit down drink Bovrill from my thermos flask and if we score i do nothing but give a thumbs up. Anything else i am looking at up to 5 years doing Porridge with Norman Stanley Fletcher. Glad i am watching the game on the box on Friday
Re: " Information to Help Football Fans "
Wed May 11, 2011 4:42 pm
That's f*cking scary ........... enough to put anyone off going to a game and gtting a bit excited.
f**k it i'll keep it under wraps tie we gat jax at wembley pray god
that'll be worth getting nicked for
f**k it i'll keep it under wraps tie we gat jax at wembley pray god
that'll be worth getting nicked for
Re: " Information to Help Football Fans "
Wed May 11, 2011 5:16 pm
Thanks for taking the time to do all that We are generally treated like some kind of sub-human species by the authorities and with the mis-use of anti-terrorism laws any innocent by-stander can have basic rights removed and face criminal proceedings.
We are generally treated like some kind of sub-human species by the authorities and with the mis-use of anti-terrorism laws any innocent by-stander can have basic rights removed and face criminal proceedings.
Re: " Information to Help Football Fans "
Wed May 11, 2011 7:32 pm
im going to have to print this out, if we get to wembley. against the jacks 
Re: " Information to Help Football Fans "
Thu May 12, 2011 11:21 am
ninianblue wrote:im going to have to print this out, if we get to wembley. against the jacks
Shit Sheriff hope you have got a lot of Ink
Re: " Information to Help Football Fans "
Sat May 14, 2011 5:20 pm
The problem I have with all this is:-
If by being a part of a group who sporadically chant and therefore make a person of firm mind fear for their safety and you are guilty of violent disorder by just being there.
Why do the police restrict your movement and herd you into such groups, are the police themselves not complicant as they actually create these groups, if you had freedom of choice of where you wanted to go,then if you are caught up in trouble it is solely your fault, when you are herded, goaded even provoked surely the police are at least as guilty.
Also remember their 'intelligence' knows where the other mobs are, so are the police not actually organising the trouble.
If by being a part of a group who sporadically chant and therefore make a person of firm mind fear for their safety and you are guilty of violent disorder by just being there.
Why do the police restrict your movement and herd you into such groups, are the police themselves not complicant as they actually create these groups, if you had freedom of choice of where you wanted to go,then if you are caught up in trouble it is solely your fault, when you are herded, goaded even provoked surely the police are at least as guilty.
Also remember their 'intelligence' knows where the other mobs are, so are the police not actually organising the trouble.