BANNING ORDERS UNDER FOOTBALL SPECTATORS ACT 1989

What is a Banning Order under the Football Spectators Act 1989?

A banning order under Section 14 of the Football Spectators Act 1989 is a measure imposed by the United Kingdom (U.K) courts on individuals with the aim of preventing violence or disorder at football matches, the order is usually imposed after a football related offence listed in schedule 1 of the Football Spectators Act 1989 is committed. A banning order has been defined as “a preventative measure imposed by a court following a football-related offence, with the aim to prevent violence or disorder at or in connection with regulated football matches.” Section 14 of the Football Spectators Act 1989 defines a banning order as “an order made by the court in relation to regulated football matches in the United Kingdom, prohibits the person who is subject to the order from entering any premises for the purpose of attending such matches, and in relation to regulated football matches outside the United Kingdom, requires that person to report at a police station in accordance with this Part.” In essence a banning order is an order that prohibits an individual from attending football matches in the U.K. for specific period and if the football match is outside the U.K, the individual under a banning order is obligated to report to the police.

Under what circumstances can a Banning Order be imposed?

Schedule 1 of the Football Spectators Act 1989 provides for football offences that will attract a banning order. Where an individual has committed one or more of these offences they are subject to a banning order. Section 14 (2) of the Football Spectators Act 1989 provides that “The court must make a banning order in respect of the offender unless the court considers that there are particular circumstances relating to the offence or to the offender which would make it unjust in all the circumstances to do so.” Football offences contained in Schedule 1 of the Football Spectators Act 1989 include possession of alcohol or being drunk while entering or trying to enter ground as regulated by Section 2 of the Sporting Events (Control of Alcohol etc) Act 1985. Schedule 1 also includes disorderly behaviour in contravention of Section 5 of the Public Order Act 1986 committed: (a) during a period relevant to a football match at any premises while the offender was at, or was entering or leaving or trying to enter or leave the premises; (b) on a journey to or from a football match and the court makes a declaration that the offence related to football matches.

Offences contained in Schedule 1 of the Football Spectators Act 1989 also include any offence involving the use or threat of violence towards another person or towards property committed: (a) during a period relevant to a football match at any premises while the offender was at, or was entering or leaving or trying to enter or leave the premises; (b) on a journey to or from a football match and the court makes a declaration that the offence related to football matches. Furthermore, this includes any offence involving the use, carrying or possession of an offensive weapon or firearm committed: (a) during a period relevant to a football match at any premises while the offender was at, or was entering or leaving or trying to enter or leave, the premises; (b) on a journey to or from a football match and the court makes a declaration that the offence related to football matches.

Offences contained in Schedule 1 of the Football Spectators Act 1989 also include being drunk and disorderly as provided by Section 91(1) of the Criminal Justice Act 1967, committed on a journey to or from a football match and the court makes a declaration that the offence related to football matches. In addition, this also includes driving or attempting to drive or being in charge of a vehicle when unfit through drink or drugs as provided by Section 4 of the Road Traffic Act 1988 committed on a journey to or from a football match and the court makes a declaration that the offence related to football matches. Similarly, this includes driving or attempting to drive or being in charge of a vehicle with excess alcohol as provided by Section 5 of the Road Traffic Act 1988 committed on a journey to or from a football match and the court makes a declaration that the offence related to football matches. The offences contained in Schedule 1 of the Football Spectators Act 1989 also contain the unauthorised sale of tickets in violation of Section 166 of the Criminal Justice and Public Order Act 1994 as well as any offence under the Football (Offences) Act 1991.

How a Banning Order can be imposed?

According to Section 14 of the Football Spectators Act 1989, banning orders can be imposed either through a conviction of an offence or on complaint:

Banning order made through conviction

A banning order through a conviction can be made only if the alleged offender has been convicted of the aforementioned offences which largely relate to the use or threat of violence, disorder, the use of weapons, carrying or possession of weapons, and intoxication. When an individual is convicted of a relevant football-related offence the Prosecution must (unless there are exceptional reasons for not doing so) apply for banning order. This is governed by Section 14A of the Football Spectators Act 1989 and the Act under Section 14(5)(a) provides that “The prosecution has a right of appeal against a failure by the court to make a banning order under this section— (a)where the failure is by a magistrates' court, to the Crown Court; and (b)where it is by the Crown Court, to the Court of Appeal.” In essence, an individual is convicted of a relevant football-related offence the presumption is in favour of the banning order being made. This is expressed in Crown Prosecution Service guidance and also by case law in R v Hughes [2005] EWCA Crim 2537. If the Court can be convinced to not impose an banning order, there must be good grounds for the same which are noted in full and kept on a court file as provided by Section 14(3) of Football Spectators Act 1989 which provides that “Where the court does not make a banning order it must state in open court the reasons for not doing so.”

However, the Football Spectators Act 1989 provides some concerning provisions in relation to banning orders, for instance, the Act under Section 3(a) and 3(b) posits that “For the purpose of deciding whether to make an order under this section the court may consider evidence led by the prosecution and the defence. It is immaterial whether evidence led in pursuance of subsection would have been admissible in the proceedings in which the offender was convicted.” This section speaks to making of banning order without due regard whether evidence advanced by the prosecution is admissible. This seems contrary to the principles of evidence which provide that evidence ought to be relevant, reliable and not prejudiced in order for it to be admissible in court.

Banning order made through compliant

As alluded earlier, a banning order can be made through a compliant, for instance, Section 14B of the Football Spectators Act 1989 provides that a banning orders made on complaint should be “An application for a banning order in respect of any person may be made by—(a)the relevant chief officer, or (b)the Director of Public Prosecutions.” The application is to be made by complaint to a magistrates’ court. If the person is put on complaint for the relevant offence then the Prosecution can apply for a civil banning order. This is governed by Section 14B of the Football Spectators Act 1989 and the court will make the banning order if it is satisfied that the person subject to the complaint 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.”

In addition to this, the Football Spectators Act 1989 provides that if the court adjourns proceedings a banning order application, then the alleged offender can be remanded by the court, for instance, Section 14B(5) provides that “If the magistrates' court adjourns proceedings on an application under this section, the court may remand the person in respect of whom the application is made. A person who, by virtue of subsection (5) above, is remanded on bail under section 128 of the Magistrates' Courts Act 1980 may be required by the conditions of his bail— (a) not to leave England and Wales before his appearance before the court, and (b) if the control period relates to a regulated football match outside the United Kingdom or to an external tournament which includes such matches, to surrender his passport to a police constable, if he has not already done so.”

Written by

Abdulrahman Othman

LinkedIn