The most common scenario for the imposition of a Football Banning Order is after a conviction in the Magistrates Court or a Crown Court of a “relevant offence”, which is an offence listed in Schedule 1 of the Football Spectators Act, 1989.
If you are convicted of a “relevant offence”, then the court must make a Football Banning Order unless there are particular circumstances relating to the offence or offender making it unjust to do so in all the circumstances.
What are “relevant offences”?
Relevant offences include those specific to football, such as;
throwing of missiles onto the playing area or into the crowd
racialist or indecent chanting at a football match
going onto the playing area
unauthorised persons (“ticket touts”) selling or otherwise disposing of a ticket to a designated football match.
or sport in general;
carrying alcohol in vehicles on route to designated sporting events
possession of alcohol at or upon entering a designated sporting event
being drunk at a designated sporting event
having a flare or firework etc. during the period of a designated sporting event when in a designated sports ground from which the event may be directly viewed, or while entering or trying to enter such a sports ground.
It also includes more general criminal offences, such as those relating to assaults, violence or public disorder, but also includes other offences, such as possession of Class A drugs at a football match or while entering or trying to enter the ground.
In some cases, the court must make a ‘declaration of relevance’, and must be satisfied that the offence;
Related to a regulated football match, which is a match played at a ground in England or Wales involving a team from the top 5 English men’s leagues, the WSL and Women’s Championship, the Cymru Premier League, or the Scottish Professional Football League, a club whose home ground is situated outside England and Wales or a country, or is a game in the FA Cup from the first round onwards.
Or
That the offence related to a person whom the defendant knew or believed to have a prescribed connection with a football organisation, such as players, club staff, referees and the media.
And that it occurred within the ‘relevant period’, which is normally 24 hours before the advertised start to 24 hours after the match ends.
The offence need not have been committed at an actual football ground. Several offences are relevant offences if they are committed on the way to or from a match or simply relates to the match. For example, someone involved in a fight in a pub immediately after they have finished watching a game on TV could be given a Football Banning Order if the offence related to the match they were watching.
When else can a Football Banning Order be imposed?
A Football Banning Order can be made without a conviction if a prosecutor / the police make a civil application to the Magistrates’ Court,
The court must make a Football Banning Order if it is satisfied on the balance of probabilities that:
The person the order is sought against has at any time caused or contributed to violence or disorder in the UK or elsewhere; and
There are reasonable grounds to believe that an order would help prevent violence or disorder at or in connection with any regulated football matches.
What does a Football Banning Order do?
There are several consequences if you are given a Football Banning Order;
You are not allowed entry to any premises for the purpose of attending any regulated football match in the UK.
You must report to a police station within five days of the making of an order and provide personal details.
You may have to surrender your passport and report to a police station when certain matches are being played outside the UK.
There may be additional tailored requirements imposed, for example not coming within a certain distance of specific football grounds when games are being played.
How long does it last for?
A Football Banning Order is in addition to any other sentence imposed. If you are sentenced to immediate imprisonment for the offence, the order lasts for a minimum of 6 and a maximum of 10 years.
If you are sentenced in some way other than immediate imprisonment for the offence, a minimum of 3 and a maximum of 5 years.
If the order is made on complaint, a minimum of 3 and a maximum of 5 years.
What if I do not comply?
If you breach and order, this is a further offence, punishable by up to six months’ imprisonment and/or fine.
Can I apply to vary an existing order?
Yes, you can. Once you have completed two-thirds of the order, you can apply to have it terminated early.
How can we help?
If you need specialist advice in relation to a Football Banning Orde, or any criminal investigation or prosecution, from the initial investigation through to court proceedings, please get in touch. Call John Howey on 020 7388 1658 or email jhowey@jfhlaw.co.uk. Let us help.
