Home Office guidance on football - related legislation

It is less than a year since the issue of Home Office Circular 42/1999 which provided a consolidated guidance on what were then all the existing legislative and administrative measures related to football hooliganism.

Sadly, the shameful and utterly reprehensible behaviour of some of the followers of the England football team competing in Euro 2000 this summer, obliged the government to introduce further legislation to deal with the particular menace of our home-grown football hooligans when abroad.

The Football (Disorder) Bill was accordingly introduced into the House of Commons on 13 July and the resulting Act received Royal Assent on 28 July, coming into effect on 28 August. This new guidance, issued as the Act comes into force, seeks not only to explain what the new legislation itself does: it puts it in the context of all the other existing legislative and administrative measures relating to football hooliganism.

Briefly, the new Act amends the Football Spectators Act 1989 so as to-

• combine domestic and international football banning orders.
• require virtually everyone subject to banning orders to surrender their passports at the times of certain matches outside the United Kingdom.
• allow magistrates' courts to make banning orders on a complaint from the police as well as on conviction for a football-related offence
• enable a constable, in certain circumstances, to require a person present to appear at a magistrate's court within 24 hours to answer a complaint for the making of a banning order, and for that purpose to give the constable certain powers of arrest and detention.

The two latter powers will expire on 28 August 2001 unless renewed by an affirmative resolution of Parliament, and a year after that unless renewed by an Act of Parliament.

I wrote in my introduction to last year's guidance that further progress in reducing the scale of football hooliganism depended on the contribution of the supporters. It is my firm belief that many decent and honourable England supporters are put off travelling abroad in support of their team by the behaviour of many of those who currently go to the matches, nominally to support, actually to contribute to violence and disorder.

Hooliganism has again brought this country to the verge of ostracism from the football world. I am convinced that the new legislation will enable the partners who have to beat this problem - police, prosecutors, courts, football authorities, clubs and stewards - to weed out the unwelcome element and thereby encourage decent fans back to cheer on their team at home and abroad.

CONTENTS

Further information on the contents of this Circular can be obtained from:

Home Office
Action Against Crime and Disorder Unit
Room 541
50 Queen Anne's Gate
London
SW1H 9AT

Telephone No: 020 7273 3168/3949

Chapter 1: The Legislation

Introduction

1.1 This Circular has been issued to explain to practitioners the effect of the Football (Disorder) Act 2000. But, because the new Act operates mainly by making changes and additions to previous legislation which sought to control football hooliganism, this first section will deal with the successive Acts, concentrating on those provisions which remain in force, and ending with the 2000 Act.

The Sporting Events (Control of Alcohol etc) Act 1985

1.2 The 1985 Act prohibits the possession of alcohol on the way to matches on football special coaches and trains and makes it an offence to be drunk on them. It also makes it an offence to try to enter a ground when drunk or in possession of alcohol; to possess or consume alcohol within view of the pitch during the period of the match; to be drunk during the period of the match, or to have flares or fireworks at the match.

1.3 The Act provides the police with the power to search someone reasonably suspected of committing an offence under the Act, and to arrest such a person. This may include searching coaches or trains carrying passengers to or from matches or on arrival as well as searching fans waiting to enter a ground or inside a ground.

The Public Order Act 1986

1.4 In addition to creating the new offence of disorderly conduct - behaviour that stops short of actual violence but which is likely to distress, harass, or alarm - the 1986 Act for the first time provided courts with the power to make exclusion orders against convicted hooligans. These powers have now been superseded by the provisions of the Football Spectators Act 1989, as subsequently amended.

The Football Spectators Act 1989

1.5 The 1989 Act allowed courts to impose what were then called restriction orders on those convicted of football-related offences to prevent them from attending matches abroad involving teams from England or Wales. The Act has been extensively amended, but in its amended form still provides the legislative authority for football banning orders.

1.6 The Act also enables magistrates in England and Wales to make orders against those convicted of corresponding offences in other countries which have been designated for this purpose by an Order in Council. Such Orders have now been made in respect of Scotland, Republic of Ireland, Italy, Norway, Sweden, France, Belgium and the Netherlands.

The Football Offences Act 1991

1.7 The 1991 Act created three offences of disorderly behaviour:

1. throwing any object at or towards the pitch or spectator areas without lawful authority or lawful excuse;

2. taking part in indecent or racialist chanting; and

3. going on to the pitch without lawful authority or lawful excuse.

1.8 Section 9 of the Football (Offences and Disorder) Act 1999 amended section 3, subsections (1) and (2)(a), of the 1991 Act and makes it an offence for an individual to engage or take part in racialist or indecent chanting, whether alone or in concert with one or more others. (More details of these offences are contained in Chapter 7).

The Criminal Justice and Public Order Act 1994

1.9 Section 166 makes it a criminal offence for an unauthorised person to sell, or offer or expose for sale, a ticket for a regulated football match in a public place or a place to which the public has access or, in the course of a trade or business, in any other place.

1.10 Section 10 of the Football (Offences and Disorder) Act 1999 amended the 1994 Act and applied the offence to the sale etc of tickets in England and Wales for regulated matches played either in England and Wales or outside England and Wales.

The Crime and Disorder Act 1998

1.11 Section 84 amended section 16(5) of the Football Spectators Act 1989 and Section 24(2) of the Police and Criminal Evidence Act 1984. The amendment provides that:

• maximum penalty for failure to comply with a reporting requirement is increased to six months imprisonment and/or a level 5 fine;
• failure to comply with a reporting requirement becomes an arrestable offence.

The Football (Offences and Disorder) Act 1999

1.12 The 1999 Act had a number of purposes:

1. To widen the period within which offences had to be committed if they were to trigger banning orders:

• for domestic games, the relevant period became 24 hours either side of a domestic match
• for corresponding offences committed overseas, the Act provided that the relevant period could be longer

2. To ensure that banning orders were made wherever appropriate:

• the court was for the first time required, not merely allowed, to make a banning order if the criteria for doing so were met. If the court decided that they were not met, it was required to state the reasons in open court.

3. To improve the effectiveness of enforcement of banning orders:

• the court was given the power to require submission of the person's passport as a condition of the order up to five days in advance of the reporting requirement.
• when reporting or submitting a passport, the person was required to attend a named police station at a specific time and date
• breach of a domestic football banning order became an arrestable offence
• the periods for which banning orders could be made were extended

4. To widen the offences of ticket touting and indecent or racialist chanting:

• the Act made it an offence to make unauthorised sales of tickets in England and Wales for designated matches played outside England and Wales
• Section 3 of the Football (Offences) Act 1991 required that for an offence to be committed two or more people must be involved in indecent or racialist chanting. The 1999 Act provides that it is an offence for an individual alone or in concert with others to be involved in such chanting.

The Football (Disorder) Act 2000

1.13 The Football (Disorder) Act makes four important changes to this body of legislation, the first two of which are permanent and the second two temporary unless subsequently renewed by Act of Parliament. The Act is drafted for the most part as a set of amendments to the Football Spectators Act 1989.

1.14 The first key change is that the distinction between domestic and international football banning orders is abolished. When a court imposes a football banning order, it will have the effect of the previous domestic and international banning orders.

1.15 The second change is that a court, when making a banning order, must impose a requirement that the recipient's passport shall be surrendered during periods when the international ban is activated, unless the court believes that there are exceptional circumstances. The imposition of such a requirement was previously at the court's discretion.

1.16 The third change is that, in addition to its imposition as a result of a football-related conviction, a banning order may now be imposed by a magistrates' court in accordance with a civil procedure, following a complaint by the police. The court must be satisfied that the person who is the subject of the complaint has at any time caused or contributed to any violence or disorder in the United Kingdom or elsewhere, and that there are reasonable grounds to believe that making a banning order would help to prevent violence or disorder at or in connection with any regulated football matches.

1.17 The fourth change will apply when, during a control period when international bans are activated, a police officer has reasonable grounds for suspecting that a person before him or her has caused or contributed to any violence or disorder in the United Kingdom or elsewhere, and for believing that imposing a banning order on that person would help to prevent violence or disorder at or in connection with any regulated football matches. In these circumstances, the officer may, with the authorisation of an inspector, give the person a notice in writing requiring him or her to appear before a magistrates' court within 24 hours and in the meantime not to leave England and Wales. The magistrates' court will then treat the notice as an application for a banning order under the new civil procedure. The Act also gives the police the power to detain a person for up to four hours (or six if authorised by an inspector) while deciding whether to issue a notice.

1.18 More details of these new procedures are in Chapter 5.

Chapter 2: Football-related offences

2.1 Football-related offences are those offences which are deemed by Parliament to be offences committed in relation to a regulated football match which subsequently may attract a football banning order preventing further attendance at matches as prescribed by the court.

2.2 These offences are listed in Schedule 1 to the Football Spectators Act 1989 as amended by the Football (Disorder) Act 2000, which is reproduced (Page reference when proof copy received).

2.3 Schedule 1, paragraph 5 of the Football (Disorder) Act 2000 amends Schedule 1 to the 1989 Act by adding to the offences. The additional offences which may lead to a banning order are as follows:

• offences involving the possession or misuse of flares or fireworks at football matches
• offences involving the use, carrying or possession of an offensive weapon or firearm; and
• offences of breach of a banning order or police notice

2.4 The period within which the offences must be committed if they are to be regarded as football-related was extended by the Football (Offences and Disorder) Act 1999 to 24 hours before the start of and after the end of a regulated match.

2.5 As a result of the Football (Disorder) Act 2000, banning orders may now be imposed, using the new civil procedure, in circumstances other than on conviction of a football-related offence. These powers will lapse in August 2001 unless renewed by affirmative resolution, and August 2002 unless renewed by Act of Parliament. See chapter 5 for details.

FOOTBALL SPECTATORS ACT 1989

Schedule 1 (as amended)

Relevant Offences

1. This Schedule applies to the following offences:

1. any offence under section 2(1), 5(7), 14J(1) or 21C(2) of this Act;
2. 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;
3. 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;
4. 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;
5. 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;
6. 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.
7. 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;
8. 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;
9. 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;
10. 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;
11. 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;
12. 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;
13. any offence involving the use or threat of violence towards property committed while the accused was on a journey to or from a designated football match being an offence as respects which the court makes a declaration that the offence related to football matches; .
14. any offence involving the use, carrying or possession of an offensive weapon or firearm committed while the accused was on a journey to or from a football match to which this Schedule applies being an offence as regards which the court makes a declaration that the offence related to football matches.
15. any offence under the Football (Offences) Act 1991.
16. any offence under section 5 of the Public Order Act 1986 (harassment, alarm or distress) or any provision of Part III of the Act (racial hatred) -

    1. which does not fall within paragraph (c) or (k),
    2. which was committed during a period relevant to a football match to which this Schedule applies, and
    3. as respects which the court makes a declaration of relevance that the offence related to a match or to that match and any other football match which took place during that period;

17. any offence involving the use or threat of violence by the accused towards another person -

    1. which does not fall within paragraph (d) or (m),
    2. which was committed during a period relevant to a match to which this Schedule applies, and
    3. 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;

18. any offence involving the use or threat of violence towards property -

    1. which does not fall within paragraph (e) or (n) above,
    2. which was committed during a period relevant to a football match to which this Schedule applies, and
    3. 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;

19. any offence involving the use, carrying or possession of an offensive weapon or a firearm -

    1. which does not fall within paragraph (f) or (o) above,

    2. which was committed during a period relevant to a football mach to which this Schedule applies and;

    3. as respects which the court makes a declaration that the offence related to that match or to that match an any other football matches which took place during that period

20. 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.

2. Any reference to an offence in paragraph 1 above includes -

1. a reference to any attempt, conspiracy or incitement to commit that offence; and

2. a reference to aiding and abetting, counselling or procuring the commission of that offence

3. For the purposes of paragraphs 1(g) to (o)

1. 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

2. a person's journey includes breaks (including overnight breaks).

4. In this Schedule "football match" means a match which is a regulated football match for the purposes of Part II of this Act.

Chapter 3: Designation

3.1 Football-related legislation has provided three forms of designation:

1. Regulated matches - used for the purposes of football banning orders Football (Offences) Act 1991. An order will be brought forward shortly making designated matches for the purposes of the Football (Offences) Act 1991 the same as regulated matches in England and Wales under the 1989 Act.
2. Designated sports grounds & designated classes of sporting events - used in relation to alcohol and sporting events but presently only in connection with football. See Chapter 10 for details
3. Designation under the Safety at Sports Grounds Act 1975

Regulated matches

3.2 A regulated football match means any match regulated under the Football Spectators Act 1989 and the Football (Disorder) Act 2000 by the Secretary of State. These are as follows:

Matches played in England and Wales

An association football match:

1. in which one or both of the participating teams represents a club which is for the time being a member (whether a full or associate member) of the Football League, the Football Association Premier League; or the football Conference, or represents a club from outside England and Wales, or represents a, country or territory, and
2. which is played (i) at a sports ground which is designated by order under section 1(1) of the Safety of Sports Grounds Act 1975, or registered with the Football League or the Football Association Premier league as the home ground of a club which is a member of the Football League or the Football Association Premier League at the time the match is played; or

(ii) in the Football Association Cup (other than in a preliminary or qualifying round)

Matches played outside England and Wales

Any association football match played in a country outside England and Wales, being a match involving:

1. a national team appointed by the Football Association or the Football Association of Wales to represent England or Wales respectively; or
2. a team representing a club which is a member (either full or associate) of the Football League or the Football Association Premier League

The Football Spectators (Prescription) Order 2000 S1 2000/2126

Designation under the Safety at Sports Grounds Act 1975

3.3. The Safety at Sports Ground Act 1975 provides that the Secretary of State may by order designate as a sports ground requiring a certificate ("a safety certificate") under this Act any sports ground which in his opinion has accommodation for more than: 5,000 in the case of sports grounds at which association football matches are played and which are occupied by a club which is a member of the Football League or the FA Premier League; or 10,000 in the case of all other classes of sports grounds designated by order. There are numerous orders in force designating specific sports grounds.

Safety of Sports Grounds (Accommodation of Spectators) Order 1996, SI 1996 No. 499

Chapter 4: Football banning orders on conviction

4.1 Part II of the Football Spectators Act 1989 came into force on 24 April 1990 and introduced the restriction order process. This provided the courts with the power to impose a restriction order on certain convicted football hooligans to prevent them from travelling to key football matches outside England and Wales.

4.2 Far-reaching changes to the law regarding Football Banning Orders (as they are now called) were made by the Football (Disorder) Act 2000. These are summarised in Chapter 1 above. The 2000 Act introduced, in addition to the existing procedures for imposing banning orders on conviction for a football-related offence, a new procedure allowing for their imposition following a civil complaint. This chapter deals with banning orders imposed following conviction, and the next with the new civil procedure.

4.3 A Banning Order may be made where a person is convicted of a football-related offence specified in Schedule 1 of the 1989 Act, as amended (see pages 13 to 15 of this Circular) or a corresponding offence in a country outside England and Wales specified in an Order in Council in relation to that country. Before making a Banning Order under this procedure, the court must be satisfied:

• that the person has been convicted of a football-related offence (see paragraph 4.4 below)
• that the conviction is in connection with a regulated football match (see paragraph 3.2 above)
• that for offences committed away from the ground itself, a declaration of relevance was issued (see paragraph 4.5 below)
• that the making of such an order would help prevent violence or disorder at or in connection with regulated football matches (see paragraph 4.6 below)

An order may only be made under this procedure in addition to:

1. a sentence imposed in respect of the offence of which the accused is or was convicted; or

2. an order discharging the accused conditionally.

The Football Spectators Act 1989, section 14A as inserted by the Football (Disorder) Act 2000.

The Role of the Courts

Football-related offence

4.4 The court must be satisfied that the conviction is for a relevant offence as specified in Schedule 1 to the 1989 Act, as amended by the Football (Disorder) Act 2000; and that the conviction is in relation to an offence at or in connection with a regulated match. (Regulated matches are defined at paragraph 3.2 above).

Football Spectators Act 1989: Sections 14(8) and 14A (1)

Declaration of Relevance

4.5 For offences committed away from the ground or in connection with journeys to or from a regulated match, the court may make a declaration of relevance that the offence related to football matches. The court must normally be satisfied that the prosecutor gave notice to the defendant at least five days before the opening day of the trial that it was proposed to show that the offence was football-related.

The Football Spectators Act 1989: sections 23(1) and 23(2).

The Football (Offences and Disorder) Act 1999: sections 2(5) & 2(6)

Help to prevent violence or disorder at or in connection with regulated football matches

4.6 The court must be satisfied that there are reasonable grounds to believe that making an order would help to prevent violence or disorder at or in connection with regulated matches. "Regulated matches" are defined at paragraph 3.2 above.

Football Spectators Act 1989, Section 14A(2)

Duty of the court to make an order

4.7

1. The 1999 Act placed a duty on the court to make a Football Banning Order provided a person has been convicted of a relevant offence and it is satisfied there are reasonable grounds to believe that the issue of an order would help prevent violence or disorder at or in connection with regulated football matches.
2. Where the court has the power to make such an order but does not do so, the court is required to state in open court why it is not satisfied that such reasonable grounds exist.

The Football Spectators Act 1989, section 14A

Conditions of the order

4.9 A banning order may, if the court making the order thinks fit, impose additional requirements on the person subject to the order in relation to any regulated football matches. The court can also on application either by the person subject to the order, or the person who applied for the order or who was the prosecutor in relation to the order, vary the order so as to impose, replace or omit any such requirements

The Football Spectators Act 1989, section 14E(3), 14G (1 &2), 19 (2).

Duration of a Banning Order

4.10 A Banning Order must meet the following conditions as to duration:

• In the case where a custodial sentence taking immediate effect was imposed for the original offence-

A minimum period of six years and no more than ten years

• In all other cases following conviction -

A minimum period of three years and no more than five years

The Football Spectators Act 1989, section 14(F)

Explanation of the effect of the order

4.11 The court is required on making an order to explain the effect of the order to the accused in ordinary language. The court may wish to consider drawing attention to the following:

1. the purpose of the order is

2. • To forbid the recipient from entering any premises for the purpose of attending any football matches in England and Wales that are regulated for the purposes of the Football Spectators Act (1989)

   • to oblige the recipient on the occasion of certain football matches which are played outside England and Wales to report to a named police station as directed by the Football Banning Orders Authority and, unless confirmed to the Contrary, submit their passport in advance of reporting requirements.

   2. That the recipient may be arrested without warrant by a constable for such a breach or by a steward or club official on seeking entry to a ground.
   3. That breach of the order may render the person liable to a period of up to six months imprisonment and/ or a level 5 fine.
   4. If appropriate, that the person is required to report to a specified police station within 7 days of the order to be photographed if a photograph was not taken at the time of arrest or charging process.
   5. That the Football Banning Orders Authority will inform recipients by post when they have to submit their passports to the police station and when they have to report to the police station;
   6. that it is an offence for recipients to fail to submit their passports or to comply with reporting requirements, though in special circumstances they can seek exemption in advance;
   7. as a first step, they must report within 5 days of the date of the order to the named police station. The police will agree the named police station for subsequent reporting and surrender of passport. Those subject to a custodial sentence must report within 5 days of their release from prison.

The Football Spectators Act 1989, section 14E(1)

Court order for photographs

4.12

1. The taking of photographs must be in accordance with the provisions of the Code of Practice for the Identification of Persons by Police Officers (Code D) issued under the Police and Criminal Evidence Act 1984. This provides, among other things, that photographs may be taken of an arrested person without consent only if:

1. the person is arrested at the same time as others; or
2. has been charged with a recordable offence and has not yet been released or brought before a court; or
3. has been convicted of such an offence and a photograph is not already on record as a result of (a) or (b); or
4. an officer of the rank of superintendent authorises it to be taken for the purposes of gathering identification evidence in relation to a criminal offence.

2. In cases where photographs are not available under these circumstances, the prosecution may make application to the court for the issue of an order requiring the person to go to a specified police station within seven days of the order at a specified time or between specified times to have his photograph taken.
3. Failure to comply with the order may render the person subject to arrest without warrant for the purposes of having a photograph taken.
4. The ability to identify those subject to Football Banning Orders remains a crucial element in the successful implementation of the process. Photographs should be attached to copies of orders issued to the police and the enforcing authority. They should not be forwarded with the copies sent to the Football Association.

The Public Order Act 1986 section 35.

PACE Code D paragraph 4.2

Initial Reporting

4.13 The court is required to specify in the Order the police station to which the person subject to the order must initially report. This should be a police station in the area in which the person resides or works or is in some other way convenient to him. A list of police stations in each force area available for this purpose can be obtained from the enforcing authority. The person should be handed a copy of form FBOA 1 attached at Annex D (or in the case of an order issued in connection with a conviction for an offence committed overseas, form FBOA 9 at Annex L).

The Football Spectators Act 1989, section 14E(2)

Enforcing Authority

4.14 The Football Banning Orders Authority is the enforcing authority for the purposes of Part II of the Football Spectators Act 1989. The Authority is situated at: The Football Banning Orders Authority, PO Box 8000, London SE11 5EN.
Telephone 020 7238 8610.

The Football Spectators (Prescription) Order 2000 SI No 2126

Service of Order

4.15 On the making of an Order, the court should notify:

1. the person to whom it relates
2. the enforcing authority at the above address (paragraph 4.13)
3. the police station to which the person is required to report initially;
4. if appropriate, the governor of the prison where the person is serving a custodial sentence;
5. the Chief Executive of the Football Association at 16 Lancaster Gate, London W2 3LW.

The copies sent to the police station and the enforcing authority should be accompanied by a photograph of the person concerned if available.

Specimen copies of banning orders are attached at Annexes D, E (Crown Court) & L.

Exemptions from conditions and/or reporting requirements

4.16 The enforcing authority is empowered to grant exemptions from conditions attached to an order or to reporting requirements. Making a false or misleading statement or providing false or misleading documentation in connection with such an application is an offence which carries on conviction a fine not exceeding level 3.

The Football Spectators Act 1989, section 20 as amended by The Football (Offences and Disorder) Act 1999, section 3(8) to (11)

4.17 In the case of an application for exemption made within five days of the conditions or the reporting requirement, the officer responsible for the police station at which the person is due to meet those conditions or reporting requirement may grant the exemption.

The Football Spectators Act 1989, section 20(2)(i)

Right of Appeal

4.18 If an exemption is not granted, the person may appeal to a magistrates' court acting for the petty sessions in which he or she resides. The appeal will be by way of complaint.

The Football Spectators Act 1989, section 20(7)

Rule 34, the Magistrates' Court Rules 1981

The Magistrates' Courts Act 1980, sections 51 and 55(3)

Application for Termination of an Order

4.19

1. On application to the court, the person may apply for the order to be terminated when the order has been in force for at least two-thirds of the period determined by the court.
2. The application must be made to a magistrates' court in the same petty sessions area in which the order was made.

The Football Spectators Act 1989, section 14H

3. On considering an application for termination, the court must have regard to:

• the applicant's character;
• the applicant's conduct since the order was made;
• the nature of the offence which led to the order
• and any other circumstances of the case

Football Spectators Act 1989, Section 14H(3)

4. The enforcing authority will be able to assist the court on some of these issues. The Justices's Clerk should notify the enforcing authority of the date of the hearing so that information can be made available to the court.
5. If the court refuses the application for termination, a further application cannot be made by the person within six months of the date of the refusal.

The Football Spectators Act 1989, section 14H (4)

6. The court may order the applicant to pay all or part of the costs of the application.

The Football Spectators Act 1989, section 14H (5)

7. Notice of termination of an order will be passed by the court to those listed at paragraph 4.14 above. Specimen copies of the terminating order are at Annexes G and H.
8. The court should also advise the outcome of unsuccessful applications to the enforcing authority to help maintain up-to-date records.

The Football Spectators Act 1989, section 18

Offences outside England and Wales

4.20

1. The court may make a banning order in relation to a person convicted of an offence outside England and Wales corresponding to a football-related offence as specified in Schedule 1 to the Football Spectators Act 1989. Such corresponding offences will be specified by Orders in Council. When notification has been received that such an offence has been committed abroad by a person residing in England and Wales, the Football Banning Orders Authority will place the information before the chief officer of police in whose force area the person resides. It will then be a matter for the chief officer to consider laying that information before local magistrates. The magistrates should then consider the issue of a summons to bring the person before the court so that the court may consider the issue of a football banning order. The relevant specimen forms (FBOAs 6, 7 and 8) are contained at Annexes I, J and K
2. Guidance is and will be issued separately in respect of each Order in Council. The existing bilateral agreements will be re-negotiated with a view to agreeing a relevant period in which corresponding offences may be deemed football-related.

The Football Spectators Act 1989, section 22

The Football Spectators Act 1989, section 22 (1), as amended by The Football (Offences and Disorder) Act 1999, section 5 (2)

The role of the police

List of police stations

4.21 On making a football banning order, the court will specify in the order the police station to which the recipient must report initially. In most cases, this will be the police station to which the person must report on subsequent occasions to comply with conditions attached to and/or reporting requirements of the order. It is important that chief officers notify the enforcing authority of the police stations in their area able to carry out the functions of:

1. initial reporting
2. passport submission and retention
3. reporting requirements.

Notification of other forces

4.22

1. The courts are required to forward a copy of the order with a photograph, if available, to the chief officer in whose force area the offence was committed, or whose force applied for the order. This does not, of course, indicate that the person follows a team located in that force area. If the force which receives the order is aware of the team that the offender follows on a regular basis and that team is outside the force area or the person resides at an address outside the force area, then a copy of the order should be forwarded to the relevant force.
2. The courts have been requested to forward a copy of all orders and photographs to the Football Banning Orders Authority. The Authority will maintain a central record of banning orders but forces are encouraged to ensure that, where the offender meets the criteria in paragraph (i) above, this is communicated to the relevant forces. This should not only provide for more accurate local records but also help to minimise the ability of those persons to attend other matches.

Initial Reporting

4.23

1. A copy of the Order specifying the police station to which to report initially will be handed to the recipient and a copy sent to the officer in charge of that police station.
2. Under the terms of the order, the recipient must comply with the duty to report within 5 days of the making of the order or, if appropriate, within 5 days of completing a custodial sentence.
3. Failure to do so is an offence and renders the person liable on conviction to a term of imprisonment not exceeding one month and/or a fine not exceeding level 5.

The Football Spectators Act 1989, section 16 (4) & (5), as amended by The Crime and Disorder Act 1998, section 84

4. The enforcing authority may impose requirements on the person deemed necessary for the effective enforcement of banning orders.
5. The officer responsible for the police station of initial reporting may give effect to those requirements.
6. The Authority requires that photographs should be obtained of all persons subject to a banning order; and that any change of address is advised.
7. The request for photographs and other information on initial reporting is contained in the order issued to the recipient by the court.
8. If the recipient fails to provide three passport-sized photographs or they are considered to be of insufficient likeliness, the police should take photographs. The power to take the photographs should be explained before they are taken.
9. The recipient should also produce the banning order, proof of identity and proof of home address on initial reporting.

The Football Spectators Act 1989, section 19(2)

10. If the recipients documentation is in order, the police should then advise him or her of the requirement to surrender the passport (unless that has, exceptionally been waived by the court) and to report to that specific police station as and when required and directed by the enforcing authority.
11. Of the three photographs, one should be forwarded to the enforcing authority together with Form FBOA 14 contained in Annex Q.
12. The remaining two photographs are for local use. One should be retained for local records; and the second should be used to provide a laminated registration card. An example of the card, FBOA 15, is contained at Annex R.
13. For forces without such facilities, the third photograph should be forwarded to the enforcing authority, which will produce the laminated card and return it direct to the recipient.
14. The registration card should contain a serial number or reference number. If the card is provided at local level, the serial number will be the PNC code for that station plus the sequential number of the card issued. If the card has to be forwarded to the FBOA, the serial or reference number should be supplied by the local station.
15. If the recipient indicates that that police station is inconvenient, the police should ask him or her to complete Form FBOA 16. A specimen form is at Annex S. The request to use an alternative police station should be considered at local level. The decision on that request should be shown on Form FBOA 16 and copied to the FBOA. If agreed, the 'requested' police station should be forwarded a copy of the FBOA 16.
16. In deciding the application, consideration should be given to issues such as whether the change is requested to meet a change of address, change of place of employment or changed domestic conditions. It should also be ascertained whether the change requested is permanent or temporary. Temporary reasons may be, for example, that the applicant is working away from home on a short-term basis, family illness etc. Documentary evidence should be sought where appropriate. Advice can be sought from the Football Banning Orders Authority in reaching a decision.

Surrender of passport

4.24

1. The court will normally impose a condition of the banning order requiring surrender of the passport when required to do so by the enforcing authority.
2. The recipient will be advised by the enforcing authority of the occasions on which the passport must be surrendered. A copy of this instruction will also be forwarded to the named police station.
3. The recipient will be required to produce the registration card and letter from the enforcing authority. A copy of the letter (FBOA 17) is attached at Annex T.
4. The letter from the enforcing authority should be endorsed to indicate that the passport has been surrendered. This will act as a receipt for the passport holder.
5. The passport should be returned as soon as practicable after the reporting requirements have been met. Normally the passport will be handed back before the recipient leaves the police station.
6. Failure to comply with a condition of the order should act as trigger mechanism for the named police station to consider action against the recipient. Failure to comply is an arrestable offence and renders the recipient liable to up to six months imprisonment and/ or a level 5 fine.

Standard Reporting

4.25

1. During the period of a banning order, the enforcing authority will notify the recipient of any requirement to report to the named police station on a particular date and between stated times around selected overseas matches.
2. This notification will be copied to the named police station on Form FBOA 17 (Annex T).
3. On reporting, the recipient should bring a copy of the notification and the registration card.
4. The police officer at the station should check that the person matches the photograph on the registration card and confirm that the serial number of the registration card matches the serial number on the notification letter.
5. If the checks are satisfactory, the officer should endorse the attendee's notification letter to indicate attendance.
6. The officer should check the notification letter to see whether the person has surrendered the passport as a condition of the order. If so, the officer should request the attendee to endorse both his or her own and the police copy of the notification letter before returning the passport.
7. A record should be maintained for each individual to record surrender and retention of passport, attendance to meet reporting requirements and return of passports. A specimen record is attached at Annex U (Form FBOA 18).

Failure to submit passport or to report

4.26

1. An official record or central log should also be maintained which is able to identify when persons are expected to submit passports or meet reporting requirements. This is important in enabling forces to identify where breaches have occurred.
2. The enforcing authority is no longer the central monitor for breaches of the order. It is a matter for each force to identify breaches locally, to consider investigating the circumstances and to take any necessary further action.
3. If a person has failed to comply with a condition or has breached a reporting requirement, the Football Banning Orders Authority should be notified.

Exemptions

4.27

1. A person subject to a banning order may apply for an exemption from the condition to surrender a passport or the reporting requirement in respect of specific overseas matches or a series of such matches. Such applications have to be considered on the individual circumstances of each case. (The purpose of an exemption is not, of course, to allow the person to attend the match in question, but rather to allow the person to carry out some other activity which would not be possible if the passport were surrendered or the reporting requirement enforced).
2. Such applications should normally be made in writing to the enforcing authority.
3. In cases where the application is for matches to be played within 5 days of seeking the exemption, the officer responsible for the named police station may deal with the application.
4. If practicable to do so, the officer must refer the question of exemption to the enforcing authority and it is for the enforcing authority to determine the application.
5. If it is not possible for practical reasons to refer to the enforcing authority, the officer may decide the application on the facts available. The officer can exempt the applicant from either the condition or duty to report provided the applicant satisfies the officer that:

• there are special circumstances which justify the exemption; and
• because of those circumstances, he or she would not attend the match if exempted.

6. The decision should be notified to the person in writing at that time and a copy sent to the enforcing authority, setting out the reasons for the decision.
7. The official record book or central log should be noted to prevent any subsequent action being taken in respect of a suspected breach.

Appeals against refusal to grant exemptions

4.28

1. The recipient of a banning order may appeal to a magistrates' court against the decision to refuse an exemption.
2. The enforcing authority will work closely with the relevant police force on the appeal but will look to assistance from local police and prosecutors to appear on its behalf.

Termination of Orders

4.29 On notification of termination of an order, the police should record the detail in the person's banning order record.

Use of photographs - passing copies to clubs

4.30

1. The ability to identify people who may be breaching banning orders relies significantly on photographic details. CCTV, can be used both inside the ground and outside the ground at anticipated trouble spots to scan the crowd. Checks can also be made against the photographic records when viewing tapes after any disorder or violence.
2. But even with the help of technology, it remains difficult to identify people subject to bans who attempt to breach them. The police may wish therefore to enlist the help of club staff. There is nothing to prevent the police from passing on to the clubs on a selective basis photographs of those subject to a football banning order.
3. Strict criteria must however be applied:

1. The person must be subject to a banning order which has not elapsed or been terminated
2. The photographs must be supplied purely for the purposes of excluding the people concerned from the ground
3. The photographs must be issued to and seen by only by those who need to do so for the purpose of preventing entry or identifying individuals inside the ground
4. All copies of the photographs must be accounted for both before and after each match and subsequent copies must not be taken
5. When a banning order has elapsed, the police should withdraw the photograph of the person from those supplied to the club
6. When a banning order has been terminated, the police should withdraw the photograph of the person from those supplied to the club
7. In the case of an away match, the police may provide copies of photographs to the home club relating to the away support, but these must be returned to the police after that particular match.

The Role of the Football Association

4.31

1. Copies of orders made and termination of orders will be sent direct to the FA by the courts. This information will assist the FA in considering applications for membership of the England Members' Club and in dealing with requests for tickets for relevant domestic and international matches. At club level, the information can be used in much the same way and in the sale of season tickets. The FA will have responsibility for circulation this information to clubs, Wembley Stadium and the Football Association of Wales.
2. The issue of a football banning order is a matter of public record. There is nothing to prevent the FA circulating a list of all those subject to such orders to all those recipients listed above. In doing so, the FA may wish to advise recipients that the information should only be used in connection with preventing those subject to bans from entering stadia.
3. It is important that the list is maintained up-to-date.

Chapter 5: The Civil Procedure and Related Police Powers

5.1 In addition to modifying the existing procedure for imposing Football Banning Orders when people have been convicted of a football-related offence, the Football (Disorder) Act 2000 creates a completely new procedure - the banning order by complaint. This is a civil procedure, and decisions are made by the court according to the civil standard of proof. At the same time, the Act also creates a procedure under which a police officer may prevent someone from going abroad to attend a football match while an application to the court for a banning order by way of complaint is made; and it also introduces powers of detention for a police officer while he or she is deciding whether to exercise this power.

5.2 All these new powers are time-limited. They will lapse on 28 August 2001, unless an affirmative resolution of Parliament extending them for one year has been carried; and they will in any case lapse on 28 August 2002, unless there has been new primary legislation extending their lives.

5.3 This chapter deals with the operation of the new powers. It should be read in conjunction with paragraphs 4.8 and 4.10 to 4.30 of the preceding chapter, which apply equally to banning orders on conviction and banning orders on complaint.

Banning orders made on a complaint

5.4 Under the new civil procedure, the police may make an application to the court to impose a banning order on any person who resides or appears to reside in their force area, provided that it appears to them that the person in question has at any time caused or contributed to any violence or disorder, whether in the United Kingdom or elsewhere. A form of information under Section 14B (FBOA 10) is contained at Annex M and a form of summons at Annex N (FBOA 11)

5.5 The court must make such an order if it is proved that the person has indeed caused or contributed to any violence or disorder in the United Kingdom or elsewhere, and the court is satisfied that there are reasonable grounds to believe that making a banning order would help to prevent violence or disorder at or in connection with any regulated football matches. A copy of a banning order on complaint (FBOA 3) is contained at Annex F

Football Spectators Act 1989, section 14B

Violence and disorder

5.6 It is not necessary to show that the violence or disorder in which the respondent was involved constituted a criminal offence. The Act specifically provides that violence means violence against property as well as persons and includes threats of violence or acts which endanger the life of any person. It is provided that disorder includes stirring up hatred against particular groups of people, using threatening, abusive or insulting words or behaviour, or displaying any writing or other thing which is threatening, abusive or insulting. The violence and disorder need not have taken place in connection with football.

Football Spectators Act 1989 section 14C(1)-(3)

Matters to be taken into account by the court

5.7 As well as previous convictions and any other relevant evidence, the court may take into account, in reaching its decision as to whether to impose a banning order under the new civil procedure, any decision of a court or tribunal outside the UK, deportation or exclusion from a country outside the UK, removal or exclusion from football grounds in the UK or abroad, and conduct recorded on video or by any other means.

5.8 The court may take account of behaviour before the 2000 Act came into force. The court may not, however, take into account a spent conviction, or any behaviour which took place more than ten years before the application to the court was made (unless the behaviour was ancillary to an unspent conviction).

Football Spectators Act 1989, section 14C(5),(6)

Appeals

5.9 There is an appeal to the Crown Court against a decision by a magistrate's court to make a banning order under the new civil procedure.

Football Spectators Act 1989, section 14D

Period of banning order

5.10 Where a banning order is made under the new civil procedure, it may last not less than two years and not more than three years.

Football Spectators Act 1989, Section 14F(5)

Police notices

Effect of a notice

5.11 If the conditions below are met, a constable in uniform may give a person present before him or her a notice in writing requiring that person

• to appear before a magistrates court within 24 hours
• not to leave England and Wales before that time.
• to surrender his or her passport to the constable. Any person who fails to comply with such a notice commits an offence with a maximum penalty of 6 months' imprisonment or a fine not exceeding level 5.

A copy of the note is contained at Annex O (FBOA 12)

5.12 The conditions which must be met before such a notice can be issued are

• the notice may only be issued during a control period relating to a regulated football match outside England and Wales, ie the period of five days before such a football match (or 5 days before the beginning of a specified tournament).
• the police officer must have reasonable grounds for suspecting that the person has at any time caused or contributed to any violence or disorder in the United Kingdom or elsewhere
• the constable must also have reasonable grounds to believe that making a banning order against that person would help to prevent violence or disorder at or in connection with any regulated football matches
• the issue of the notice must be authorised by a police officer of at least the rank of inspector.
• a notice can only be issued to a British citizen

The notice must state the grounds for suspecting that the person has caused or contributed to violence or disorder, and for believing that a banning order would help to prevent violence or disorder at or in connection with regulated football matches.

A copy of the Notice is contained at Annex P (FBOA 13)

Football Spectators Act 1989, section 21B

Court hearings

5.13 The purpose of this new power is not to serve as an alternative to the new civil procedure, but rather to bring the new civil procedure into play on a fast-track basis, typically when the police receive information which might suggest that a banning order would be appropriate but there is insufficient time to obtain a banning order through the normal complaint procedure before the person plans to leave the country. The power may be exercised at the person's place of residence, or while he or she is journeying to or has reached the port or airport of embarkation. The initial hearing must take place within 24 hours of the notice being issued, and arrangements are being made to ensure that this can happen over a weekend.

5.14 Once it receives a copy of the police notice, the magistrates' court will treat the matter as if it were an application for a banning order using the new civil procedure. It may determine the matter at the first hearing, if that is possible, or it may remand the person concerned. Bail conditions may require the person not to leave England and Wales and, if appropriate, to surrender his or her passport.

Football Spectators Act 1989, section 21C

Power to detain

5.15 Where a police officer is considering whether it will be appropriate to give a person before him or her a notice in writing as set out in paragraph 5.11 above, that person may be detained until the decision on whether to issue a notice has been made, provided the following conditions are met:

• a control period relating to a regulated football match to be played overseas must be in force
• the constable must have reasonable grounds for suspecting that the person has at any time caused or contributed to violence or disorder in the United Kingdom or elsewhere
• the constable must have reasonable grounds to believe that making a banning order would help to prevent violence or disorder at or in connection with any regulated football matches
• the person to be detained must be a British citizen.

The reasons for detention must be given in writing to the person to be detained.

5.16 The period of detention may not last more than 4 hours, or, with the authority of an inspector or above, 6 hours. A person may not be detained under these powers more than once during any single control period, unless new relevant information comes to light.

5.17 Where a person has been detained under these powers, and a notice is subsequently issued, then the hearing at the magistrates' court must take place within 24 hours of the start of the period of detention. They cannot then be redetained in the same control period.

Football Spectators Act 1989, section 21A

Powers of arrest and offences

5.18 Where a person has been issued with a notice to appear before a magistrates' court, a constable may arrest that person if he has reasonable grounds to believe that it is necessary to do so in order to secure that the person complies with the notice.

5.19 A person who fails to comply with a notice to appear before a magistrate's court is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both.

Compensation

5.20 Where a notice has been issued by a police officer under these powers, and the court subsequently decides not to impose a banning order, the court may order compensation to be paid to that person out of central funds if it is satisfied that the notice should not have been given in the first place, that the person has suffered loss as a result of the notice, and that it is appropriate to order the payment of compensation in respect of that loss. A person who has received a notice may appeal to the Crown Court if the Magistrates' Court refuses to order the payment of compensation. The amount payable by way of compensation may not exceed £5,000.

Football Spectators Act 1989, section 21D

Chapter 6: The Football Banning Orders Authority

6.1 The Football Banning Orders Authority is a common police service under section 14(7) of the Football Spectators Act 1989. The expenses of the FBOA are met by the Secretary of State.

6.2

1. The FBOA's principal role is to follow the order of the court in imposing reporting requirements and passport conditions on those made subject to football banning orders.
2. On the issue of an order, the court will advise the enforcing authority by forwarding a copy of the order.
3. It is the function of the authority to issue individual notices to those made subject to an order. The order must relate to the degree of risk associated with that individual person for that individual match.
4. The authority will ensure that conditions and reporting requirements, where appropriate, are sent by registered post to the person with sufficient notice.
5. The authority will consider all applications for exemptions to conditions and/ or reporting requirements except those which are considered by the police and made within five days of the conditions or reporting requirements.
6. The authority will maintain

• a central record of all banning orders issued together with photographs of the person
• a record of all applications for exemption and decisions reached
• a record of all applications for termination and their outcome
• An up-to-date record of all extant banning orders

7. The authority will provide any assistance required by the court in considering applications for termination or in considering appeals against refusal to grant exemption
8. The authority will provide the police with access to records on all banning orders issued.

Chapter 7: The Football (Offences) Act 1991

7.1 The 1991 Act provides for three offences, all of which are arrestable offences under section 24(2)(e) of the Police and Criminal Evidence Act 1984. These offences are triable summarily only and attract a level 3 fine. This penalty may be accompanied by the imposition of a football banning order.

Indecent or racialist chanting

7.2 Section 3 of the 1991 Act, as amended by section 9 of the Football (Offences and Disorder) Act 1999, makes it an offence for a person to engage or take part in chanting of an indecent or racialist nature at a designated football match.

7.3 The 1999 Act amended the definition of chanting for the purpose of the offence. A person may commit the offence by the repeated uttering of any words or sounds whether alone or in concert with one or more others.

7.4 "Racialist nature" is defined in the 1991 Act as "consisting of or including matter which is threatening, abusive or insulting to a person by reason of his colour, race, nationality (including citizenship) or ethnic or national origins". The act of chanting itself constitutes an offence. There is no need for an identifiable victim.

7.5 The amendment made by the 1999 Act reflects the seriousness with which this offence is regarded. Racist chanting is particularly obnoxious. It is strongly recommended that enforcement action is taken in appropriate cases and that spectators are made aware that such chanting will not be tolerated.

Throwing an object

7.6 Section 2 of the Act provides for the offence of throwing an object. Any person at a designated football match who throws anything at or towards:

• the playing area; or
• any area adjacent to the playing area to which spectators are not normally admitted; or
• any area in which spectators or other persons may be present

will be guilty of an offence.

7.7 The act of throwing the object constitutes an offence. There is no need to prove that the object was directed at a particular person or that anyone was likely to be alarmed or distressed. It will be a defence that the person acted with lawful authority or lawful excuse. It will be for the defendant to prove such lawful authority or lawful excuse.

Going on to the playing area

7.8 Section 4 makes it an offence for a person at a designated football match to go to the playing area or any area adjacent to the playing area to which spectators are not generally admitted without lawful authority or lawful excuse.

Chapter 8: Powers of Arrest

8.1 Sections 24 and 25 of the Police and Criminal Evidence Act 1984 set out criteria for offences which are arrestable i.e. offences for which there is a power of arrest without warrant. Section 24(2) lists those other offences which do not meet the criteria but which by virtue of Section 24(1)(c) have been made arrestable in order to effect proper enforcement of the law.

8.2 In terms of football-related offences, the following offences are arrestable:

• Breach of a Football Banning Order
• Failure to comply with a condition of a Football Banning Order
• Indecent or racialist chanting
• Throwing a missile
• Entering onto the playing area
• Ticket touting

8.3 Section 24 (4) provides that any person may arrest without warrant:

1. anyone who is in the act of committing an arrestable offence;
2. anyone whom he has reasonable grounds for suspecting to be committing such an offence

and section 24(5) provides that where an arrestable offence has been committed, any person may arrest without a warrant:

1. anyone who is guilty of the offence;
2. anyone whom he has reasonable grounds for suspecting to be guilty of it.

8.4 The powers set out in paragraph 8.3 above are more commonly referred to as citizen's power of arrest. In terms of football hooliganism, there are a number of offences, therefore, in which stewards or club officials employed to deal with safety and security issues may exercise the power of arrest. Where such powers are exercised - as with any citizen - the police should be informed as soon as practicable and a constable called in to deal with the suspect.

8.5 Stewards and club officials should liaise closely with the police on the exercise of this power. Clubs may find it useful to consult with police locally on the practicalities of exercising the power of arrest. The exercise of the power of arrest imposes a restriction on the liberty of the individual and it is essential that the power is exercised with care and discretion. Proper exercise of the power will enable stewards and club officials to help in dealing with offenders. By obtaining a football-related conviction and subsequent banning order, the person will not only be prohibited from attending matches at the particular ground at which the offence took place but at all regulated matches in England and Wales.

Chapter 9: Football-related offences committed outside England and Wales

9.1 Paragraph 4.19 above mentions the ability of the courts to make a banning order in respect of offences committed overseas. The purpose of this section is to provide greater detail on bilateral agreements with other countries and set out the process by which convictions for those offences may come to be considered by a court in England and Wales with a view to the making of a football banning order.

9.2 Section 22 of the Football Spectators Act 1989 (the 1989 Act) provides the courts with the power to impose a banning order on football hooligans convicted of an offence in a country or territory outside England and Wales if that offence has been specified in an Order in Council as corresponding to any offence in Schedule 1 of the 1989 Act.

9.3 Prior to an Order in Council being made by Parliament, agreement is sought between the UK Government and the country or territory concerned as to what constitutes a football-related offence in each country. If there is common recognition of offences under the separate legal systems, administrative agreement is reached on the nature of the mutual offences, the process by which details of convictions will be passed between the respective jurisdictions, and the provision of information on whether there are outstanding appeal proceedings. The agreement is then subject to Parliamentary approval and, if agreed, an Order in Council is made.

9.4 The Order in Council may include provision specifying the documentary form in which details of conviction are conveyed. A document in the form specified in the Order in Council shall be admissible in any proceedings undertaken under the 1989 Act unless the contrary is proved. When notification has been received that a corresponding offence has been committed in that country, the Football Banning Orders Authority will place the information before the chief officer of police in whose force area the person resides. It will then be a matter for the chief officer to consider laying that information before local magistrates. The magistrates should then consider the issue of a summons to bring the person before the court so that the court may consider making a football banning order.

Section 22 of the Football Spectators Act 1989 as amended by The Football (Offences and Disorder) Act 1999 section 5

9.5 The court may wish to use its powers to adjourn the proceedings under section 22(6) of the 1989 Act to allow witnesses or evidence to be called or to assist the magistrates in establishing that there are reasonable grounds the order would help prevent trouble at regulated matches.

9.6 A specimen form of banning order relating to overseas offences form of summons, form of warrant of arrest and form of information are attached at Annexes H to K respectively. The court should follow the procedures for consideration and issue of the banning order as detailed in chapter 4 above.

9.7 The term of any banning order imposed for an overseas offence will be similar to the minimum and maximum periods to that for the issue of any other banning order imposed on conviction.

Chapter 10: Alcohol & sporting events

10.1 The Sporting Events (Control of Alcohol etc) Act 1985 sets out provisions to deal with alcohol at and in connection with travel to or from sporting events. Section 9 of the Act provides for the Secretary of State to designate by order sports grounds and sporting events under the Act.

"Designated sports ground" & "designated classes of sporting events"

10.2 The Sports Ground and Sporting Events (Designation) Order 1985 (SI 1985 No. 1151), as amended by the Sports Grounds and Sporting Events (Designation) (Amendments) Order 1987 No. 1520 and the Sports Grounds and Football (Amendment of Various Orders) Order 1992 (SI 1992 No. 1554), applies the designation process only to football grounds and football matches.

10.3 The designated sports grounds are as follows:

1. the home grounds of all association football clubs who are members of the Football Association or the Football Association of Wales
2. any other ground in England and Wales used occasionally or temporarily by such a club
3. Wembley Stadium
4. any ground not already specified above in England and Wales used for any international association football match
5. Shielfield Park, Berwick-upon-Tweed

10.4 The designated classes of sporting events are as follows:

1. football matches in which one or both of the participating teams represents a club which is a full or associate member of the FA Premier League or The Football League;
2. international football matches
3. football matches not already specified in point (i) of this paragraph in competition for the European Cup, the Cup Winners' Cup (now of course discontinued) or the UEFA Cup
4. matches played within the jurisdiction of the Scottish Football Association

10.5 For matches played in England and Wales:

• the Act will only apply if both ground and event are designated i.e. non-football events at football grounds or designated sports grounds will not fall within the provisions of the Act
• reserve and youth team matches of FA Premier League and Football League teams are considered to be a designated class of sporting event for the purpose of paragraph 10(i) above. But, in order for the provisions of the Act to apply, matches must be played at the home ground or any other ground used occasionally or temporarily by the club and not just by the reserve or youth team.
• the period of a designated sporting event (football match) is from two hours before kick-off until one hour after the final whistle; or, if earlier, from two hours before the advertised start time until one hour after the end of the match.
• the relevant provisions of the Act apply to travel on football coaches or trains used for the principal purpose of attending a designated match at a designated ground in England and Wales.

10.6 For matches played outside England and Wales, two classes of matches are designated:

(a) football matches held outside Great Britain in which at least one team is representing:

1. The Football Association
2. The Football Association of Wales
3. The FA Premier League
4. The Football League

(b) football matches outside Great Britain in which at least one team from the FA or FA of Wales is competing in a UEFA-based competition.

10.7 Supporters travelling to a match outside Great Britain would be subject to the provisions of section 1 until they left England and Wales.

10.8 Supporters travelling from or through England and Wales to a designated match in Scotland would be caught by section 1 until they reached the Scottish border. On reaching the border, the provisions of the Criminal Justice (Scotland) Act 1980 would come into effect, which are similar to section 1 of the 1985 Act. Therefore, the whole of the journey from the starting point in England and Wales to the final destination in Scotland is controlled.

10.9 Annex V sets out the provisions of the 1985 Act.

Chapter 11: National Criminal Intelligence Service - Football Intelligence Section

11.1 The aims of the Football Intelligence Section are to:

• provide a central point for the collection, analysis and dissemination of intelligence
• provide for better co-operation of police operations in relation to serious and persistent football hooliganism
• promote effective collation of intelligence by individual forces
• provide a channel for communication with foreign police forces on intelligence and supporter traffic information
• assess the extent and nature of football hooliganism and its criminal associations nationally
• provide technical and operational support where appropriate on the use of optical evidence gathering and the preparation and presentation of such evidence before the courts.

11.2 The section is supported in seeking to achieve these aims by Football Intelligence Officers (FIOs) appointed at local force level to each club in the FA Premier League or the Football League. The role of FIOs is to collate information on local football hooligan activity and this should be forwarded to the Football Intelligence Section for analysis and dissemination. FIOs should also make contact directly with their counterparts in relation to each fixture. Chief officers should make available information to the Football Intelligence Section on:

• the most serious and persistent individual football hooligans and gangs
• methods adopted e.g. travel arrangements, tactics employed, weapons used
• current police operations in this area
• in particular, details of active hooligans known to travel widely within the UK or overseas
• the outcome of post-match investigations.

11.3 The Football Intelligence Section has a computer system providing text and image retrieval. Forces are particularly requested when forwarding information to include photographs or video recordings of the person or persons involved. The Football Intelligence Section is able to offer advice to forces on the optimum use of video and photographic equipment for intelligence and evidence gathering processes.

11.4 On major international matches and championships, the Football Intelligence Section acts as a channel of communication with overseas police forces for supporter traffic information i.e. information on numbers travelling, routes, dates of travel etc. Requests for UK police liaison officers to attend matches abroad to advise on tactics or intelligence should be routed through the Football Intelligence Section, and similarly with requests from overseas police officers to act as liaison officers to attend matches in the UK.

Chapter 12: 'Police-free' matches

12.1 The term 'police-free' matches is perhaps a misnomer as it is extremely unlikely that police resources will not be devoted to a regulated football match in some form or other. The term has primarily arisen to describe those matches where there is no police presence inside the ground.

12.2 Police-free matches are becoming increasingly common. At the start of each season, the police and the club will go through the season's fixtures. They will identify matches on the basis of the level of risk of football hooliganism and the need for a police presence. Nearer to the match, taking into account intelligence information, the club will consider in conjunction with the local police commander and the local authority whether there should be a police presence inside the ground.

12.3 There are a number of policing considerations to take into account for such matches. Policing operations at matches tend to adopt a fairly standard approach. Stewarding may not reach the same level of consistency. This may mean that away supporters are treated differently at each venue, causing confusion and perhaps resentment; stewards are neither trained nor competent to deal with public order situations. This may lead to difficult situations escalating rather than being quickly defused by effective police action.

12.4. In addition, a police presence inside grounds can provide valuable intelligence and operational information. This may be lost even if the ground safety officer acts as a communication point between stewards and police.

12.5 These are all matters for operational consideration. It is an operational matter for chief officers to determine that there are adequate safety and security arrangements in place in relation to the risk assessment for a particular match before agreement is reached that there should be no police presence inside the ground.

12.6 In cases where such agreement is reached, chief officers may wish to consider whether an officer may be placed inside the ground for the purposes of intelligence gathering. There appears to be no overriding duty on a constable in such circumstances to assume responsibility for any situation which may arise in the course of a match, irrespective of whether or not it would seem the most appropriate course of action in those circumstances.

12.7 In the circumstances described in paragraph 12.6 above, it would be appropriate for the police to agree with the local ground manager and the local authority the course of action to be followed should an incident occur inside the ground requiring a police presence. This should detail an external point of telephone contact for police assistance with an agreed call-out time. It should also make clear that the officer or officers inside the ground are there for the specific purpose of intelligence gathering. The agreement should form part of the safety certificate.

12.8 Chief officers should also consider whether the officer or officers inside the ground for intelligence-gathering purposes should or should not be in uniform.

12.9 For the sake of clarity, matches with no police presence inside the ground should be referred to as "club security only" matches; matches with an officer inside the ground for intelligence gathering purposes as "intelligence only" matches; and matches with a reduced police presence inside the ground as "reduced policing" matches. These definitions do not, of course, overlook the policing commitment outside and away from the ground.

Chapter 13: Charging for policing football matches

Statutory Position

13.1 Section 25(1) of the Police Act 1996 provides that:

"the chief officer of police of any police force may provide, at the request of any person, special police services at any premises or in any locality in the police area for which the force is maintained, subject to the payment to the police authority of charges on such scales as may be determined by that authority".

The presence of police officers within football grounds falls within that provision.

13.2 Section 1(1) of the Safety of Sports Grounds Act 1975 requires the issue of safety certificates by the local authority for stadia designated by the Secretary of State. The safety certificate contains such rules and conditions as the local authority consider necessary or expedient to secure reasonable safety at the ground. Where certificates require the holder to arrange for the attendance of an adequate number of police officers within the ground, the extent of the provision of police services must be reserved for the determination of the chief officer of police in whose area the safety certificate applies.

Extent of Charges

13.3 It is Government policy that the costs of special services should be paid in full by those using the service and that no part of these costs should be allowed to add to the general level of police expenditure. Charges should be reviewed and adjusted as necessary on an annual basis.

13.4 The aim in principle should be to recover the full cost of:

• those police officers who are deployed at football matches on the private property of the football club; and
• where officers are posted outside the ground for part of their tour of duty and inside it for the remainder, the full cost of their time spent inside should also be recovered.

13.5 "Full cost" means the total cost of:

• a police officer including pay
• overtime
• national insurance
• notional pension charges
• travel costs
• rent allowance
• compensatory grant
• uniform
• administrative costs

13.6 In calculating charges, police authorities are recommended to follow the methodology set out in the Audit Commission in their report 'Taking Care of the Coppers', Annex S.

Charging and deployment policies

13.7 There must be a direct link between deployment and charges if the full cost is to be recovered. It may be under present arrangements that the force do not always charge for all the officers it finds necessary to deploy for duty on the club's private property. One reason may be that forces charge only for the number of officers mentioned in an agreement reached with the club but on occasions consider a greater police presence is required inside the ground because of the risk assessment for a particular match. Forces should consider reviewing such arrangements and making agreements which specifically provide for such special circumstances.

13.8 It may also be that some forces determine charges on a fixed rate formula of a police presence in relation to the expected level of attendance. It may be that this does provide economic cost recovery but in those situations where an additional police presence is considered necessary because of the circumstances of a particular match, charges may fall some way short of full economic recovery.

13.9 It is recognised that local circumstances cannot be ignored. Facilities that aid crowd control are less likely to be of a high standard at clubs who are least able to pay the full economic cost of policing. In addition, the financial plight of some clubs is a significant consideration and asking for full economic recovery could lead to problems with recovering the debt and severe financial problems for the club. It may be in those situations that clubs have and will continue to make greater use of stewards to provide safety and security arrangements.

Chapter 14: Other issues

Attaching conditions to bail

14.1 The range of conditions that can be attached to bail by the police and the courts is flexible and extensive. The type of conditions which may be imposed are not generally defined in legislation, thereby giving the police and the courts discretion to attach whatever conditions they think appropriate in any particular case. The only limitation is that they must be operable and, in the case of police bail, that a requirement to reside in a bail hostel may not be imposed. (But see paragraph 14.7 below for one exception)

14.2 The circumstances of the offence and the character of the offender will guide the police and the court towards any conditions that may be imposed in a particular case. The police and the courts can, for example, impose conditions such as a requirement not to enter a certain town or not to come within a specified distance of a named football ground or grounds. These conditions may be considered appropriate in the case of a person who has been bailed in connection with a football-related offence.

14.3 In those cases where a person has been arrested or charged for an offence which is not football-related, it will be a matter for the prosecution to show to the court that the individual concerned is likely to cause loss or damage to property or to cause acts of violence or disorder at or in connection with a football match or matches. The condition will have to specify the exact nature of the restriction on the individual. In those situations where the police or court consider that the individual is likely to cause violence or disorder at football matches per se, the bail condition may indicate that the person is not permitted within a specified distance of any regulated football match on match day.

14.4 When consideration is being given to withdrawal of passport on the basis of potential attendance at an overseas football match, there must be reasonable grounds to believe that such a condition is necessary to prevent the commission of further offences.

Section 3A of the Bail Act 1976 as inserted by section 47 of the Police and Criminal Evidence Act 1984 as amended by section 27 of the Criminal Justice and Public Order Act 1994.

(a) Court Bail

14.5 The Bail Act 1976 establishes a presumption in favour of bail. The Act provides that any person who is accused of an offence and is before the magistrates' court shall be granted bail unless one of the exceptions listed in the Act applies.

14.6 A court may withhold bail in the case of a person accused of an imprisonable offence if is satisfied that there are substantial grounds for believing that, if released on bail, that person would abscond, commit an offence, interfere with witnesses or otherwise obstruct the course of justice.

14.7 The Football (Disorder) Act 2000 makes specific provision for the court to impose conditions on bail when it remands someone pending a hearing resulting from a police notice. Those conditions may include conditions requiring a person not to leave England and Wales, or to surrender his or her passport.

(b) Police Bail

14.8 The police have the power to grant bail to a person charged with a criminal offence, pending that person's appearance before a magistrates' court. A person charged with an offence must be released either with or without bail, subject to certain exceptions.

14.9 The circumstances in which the police may keep an arrested person in detention after charge are contained in section 38(1) of PACE. When sufficient evidence has been produced to justify a charge against the defendant, the custody must decide whether to release the person on police bail after charge or to remand in police detention until the next available court sitting. If the custody officer decides to release the person on bail, the custody officer may attach any conditions which may be considered appropriate (save for the exception in paragraph 14.1).

Probation Orders

14.10 Under Schedule 1(A) of the Criminal Justice Act 1991, courts may make it a condition of a probation order that offenders do not travel abroad to or in connection with or at the time when regulated football matches involving teams from England and Wales are played outside England and Wales. Where probation services consider that defendants are charged with or convicted of football-related offences, they should remind the courts of their powers and request that they consider a condition of probation that the person should not travel to a regulated football match.

Ticket Touting

14.11 Section 166 of the Criminal Justice and Public Order Act 1994 makes it an offence for an unauthorised person to sell, or offer or expose for sale, a ticket for a regulated football match in any public place or place to which the public has access or, in the course of a trade or business, in any other place.

14.12 Section 166 was amended by section 10 of the Football (Offences and Disorder) Act 1999. This extends the definition to regulated matches played outside England and Wales.

14.13 Football authorities and tournament organisers are strongly encouraged to make public details of those outlets or individuals that are authorised. This is to help supporters to identify authorised points of sale and to assist police and enforcement authorities in identifying potential rogue operators and breaches of this provision. ANNEX A

LIST OF FOOTBALL RELATED LEGISLATION

Statutes
Safety of Sports Grounds Act 1975
The Fire Safety and Safety of Places of Sport Act 1978
Licensed Premises (Exclusion of Certain Persons Act) 1980
The Sporting Events (Control of Alcohol etc) Act 1985
The Public Order Act 1986
The Fire Safety and Safety of Places of Sport Act 1987
The Football Spectators Act 1989
The Football (Offences) Act 1991
The Sporting Events (Control of Alcohol etc) (Amendment) Act 1992
The Criminal Justice and Public Order Act 1994
The Football (Offences and Disorder) Act 1999
The Football (Disorder) Act 2000

Statutory Instruments

Orders under the Football Spectators Act 1989

The Football Spectators Act 1989 (Commencement No.1 ) Order 1990 No. 690
The Football Spectators Act 1989 (Commencement No. 2) Order 1990 No. 926
The Football Spectators (Corresponding Offences in Italy) Order 1990 No. 992
The Football Spectators (Corresponding Offences in Scotland) Order 1990 No. 993
The Football Spectators Act 1989 (Commencement No. 3) Order 1991 No. 1071
The Football Spectators (Corresponding Offences in Sweden) Order 1992 No. 708
The Sports Grounds and Football (Amendment of Various Orders) Order 1992 No. 1554
The Football Spectators (Corresponding Offences in Italy, Scotland and Sweden) (Amendment) Order 1992 No. 1724
The Football Spectators Act 1989 (Commencement No.4 ) Order 1993 No. 1690
The Football Spectators (Seating) Order 1994 No. 1666
The Football Spectators (Seating) Order 1995 No. 1706
The Football Spectators (Corresponding Offences in Norway) Order 1996 No 1634
The Football Spectators (Corresponding Offences in the Republic of Ireland) Order 1996 No 1635
The Football Spectators (Seating) Order 1997 No. 1677
The Football Spectators (Corresponding Offences in France) Order 1998 No. 1266
The Football Spectators (Seating) Order 1998 No. 1599
The Football Spectators (Seating) Order 1999 No. 1599
The Football Spectators (Corresponding Offences in Belgium) Order 2000 No. 1108
The Football Spectators (Corresponding Offences in the Netherlands) Order 2000 No. 1109
The Football Spectators (Prescription) Order 2000 No. 2126
Orders under the Football (Offences) Act 1991
The Football (Offences) Act 1991 (Commencement) Order 1991 No 1564
The Football (Offences) (Designation of Football Matches) Order 1999 No.2462
Orders under the Safety of Sports Grounds and Fire Safety and Safety of Places of Sports Acts
The Safety of Sports Grounds Act 1975 (Commencement) Order 1975 No. 1375
The Safety of Sports Grounds (Designation) Order 1976 No. 1264
The Safety of Sports Grounds (Designation) Order 1977 No.1323
The Safety of Sports Grounds (Designation) Order 1978 No. 1091
The Safety of Sports Grounds (Designation) Order 1979 No. 1022
The Safety of Sports Grounds (Designation) Order 1980 No. 1021
The Safety of Sports Grounds (Designation) Order 1981 No. 949
The Safety of Sports Grounds (Designation) Order 1982 No. 1052
The Safety of Sports Grounds (Designation) Order 1983 No. 962
The Safety of Sports Grounds (Designation) Order 1984 No.942
The Sports Grounds and Sporting Events (Designation) (Scotland) Order 1985 No.1224.
The Safety of Sports Grounds (Association Football Grounds) (Designation) Order 1985 No. 1063
Sports Grounds and Sporting Events (Designation) Order 1985. No.1151
The Safety of Sports Grounds Act (Extension to Football Grounds) Order 1986 No. 1044
The Safety of Sports Grounds (Amendment) Regulations 1986 No.1045
The Safety of Sports Grounds (Designation) (Scotland) Order 1986 No. 1243
The Safety of Sports Grounds (Designation) Order 1986 No.1296
Sports Grounds and Sporting Events (Designation) (Amendment) Order 1987 No. 1520
The Safety of Sports Grounds (Designation) Order 1987 No. 1689
The Fire Safety and Safety of Places of Sport Act (Commencement No. 1) Order 1987 No.1762
The Safety of Sports Grounds Regulations 1987. No. 1941
The Fire Safety and Safety of Places of Sport Act 1987 (Commencement No.2) Order 1988 No.485
The Fire Safety and Safety of Places of Sport Act 1987 (Commencement No.3) (Scotland) Order 1988 No. 626
The Fire Safety and Safety of Places of Sport Act 1987 (Commencement No.4) Order 1988 No.1806
The Safety of Places of Sport Regulations 1988 No. 1807.
The Safety of Sports Grounds (Designation) Order 1988 No. 1975.
The Sports Grounds and Sporting Events (Designation) (Scotland) Amendment Order 1989 No. 2433
The Safety of Sports Grounds (Designation) (Scotland) Order 1989 No. 2434
The Safety of Sports Grounds (Designation) Order 1992 No. 607
The Safety of Sports Grounds (Designation) Order 1993 No. 2090
The Safety of Sports Grounds (Designation) Order 1995 No. 1990
The Safety of Sports Grounds (Accommodation of Spectators) Order 1996 No 499
The Safety of Sports Grounds (Designation) Order 1996 No. 2648
The Safety of Sports Grounds (Designation) Order 1997 No. 1676
The Safety of Sports Grounds (Designation) Order 1998 No. 1845
The Safety of Sports Grounds (Designation) Order 1999 No. 1930

ANNEX B

FOOTBALL (DISORDER) ACT 2000

-

EXPLANATORY NOTES

INTRODUCTION

1. These explanatory notes relate to the Football (Disorder) Act 2000 which received Royal Assent on 28th July 2000. They have been prepared by the Home Office in order to assist the reader in understanding the Act. They do not form part of the Act and have not been endorsed by Parliament.

2. These notes need to be read in conjunction with the Act. They are not, and are not meant to be, a comprehensive description of the Act. So where a section or part of a section does not seem to require any explanation or comment, none is given.

BACKGROUND

3. In the light of persistent episodes of disorder involving English football supporters during the European Championship Finals in Belgium and the Netherlands in June 2000, this Act contains further measures to combat football hooliganism. The relevant statutes are the Public Order Act 1986 (domestic football banning orders) and Football Spectators Act 1989 (international football banning orders). Both Acts were amended by the Football (Offences and Disorder) Act 1999.

SUMMARY

4. The Act contains four main measures:

• combining domestic and international football banning orders;
• enabling a magistrates' court to impose a banning order where such an order would help to prevent violence or disorder at, or in connection with, certain football matches;
• making passport withdrawal mandatory in respect of the new combined banning order, unless there are exceptional circumstances, in connection with certain football matches played outside the United Kingdom; and
• enabling a constable (in certain circumstances) to require a person before him to appear before a magistrates' court within 24 hours to answer a complaint for the making of a banning order, and to prevent that person from leaving England and Wales in the meantime.

COMMENTARY ON SECTIONS

Section 1: Football Matches: Prevention of Violence or Disorder

Section 2: Disclosure of Information

6. This section amends section 2 of the Police Act 1997 (functions of the National Criminal Intelligence Service) to enable NCIS to disclose information for the purposes of the Football Spectators Act 1989 to third parties prescribed by regulations made by the Secretary of State.

Section 3: Supplementary and Consequential Provision

7. This section enables the Secretary of State to make supplementary and consequential provisions necessary to meet the purposes of the Act by order.

Section 5: Commencement and Duration

8. This brings section 1 of the Act into force on a day appointed by the Secretary of State, and provides that the powers to make banning orders on complaint (section 14B), to detain people for enquiries about their involvement in violence or disorder (section 21A), or to issue notices requiring people to attend the magistrates' court and preventing them from leaving England and Wales (section 21B) shall expire one year after the Act comes into force unless Parliament renews them by an affirmative resolution. It further provides that these powers shall in any case expire two years after they come into force.

Schedule 1

9. Schedule 1 amends the Football Spectators Act 1989 and in particular inserts the following provisions into that Act:

Banning Orders

10. Section 14 provides definitions of "Regulated Football Matches", i.e. matches to which the measures proposed in the Act are relevant; "banning order"; and the "control period", i.e. the period of five days before a regulated football match or external tournament played outside England and Wales.

12. Section 14B empowers the police to apply to a magistrates' court by complaint for the imposition of a banning order on an individual. The court must make such an order if it is shown that the person has previously caused or contributed to any violence or disorder in the UK or elsewhere (not necessarily associated with football) and if it is satisfied that there are reasonable grounds for believing that a banning order would help prevent football related violence or disorder in England and Wales or elsewhere. The court may take into account evidence from before the date when this part of the Act comes into force.

13. Section 14C defines "violence" and provides examples of behaviour constituting "disorder". It also sets out matters which the court may take into account in deciding whether or not to impose a banning order. This includes overseas court or tribunal decisions; deportation or exclusion from a country outside the UK; removal or exclusion from football grounds in the United Kingdom or elsewhere; and conduct recorded on video or other means.

14. Section 14D sets out the appeals procedure in respect of banning orders imposed on persons made subject to an order made on an application under section 14B.

15. Section 14E makes reporting to a specific police station and (unless there are exceptional circumstances) surrender of passport mandatory conditions of a banning order. The condition of passport surrender will apply on the occasions when the individual is required by the enforcing authority under the Act (the Football Banning Orders Authority) to report to a police station during the control periods associated with regulated matches played outside the UK.

16. Section 14F sets out the minimum and maximum period of a banning order made as a result of a conviction leading to imprisonment for a football related offence (between 6 and 10 years), an order made as a result of a conviction for such an offence for which imprisonment was not imposed (between 3 and 5 years), and an order made other than on conviction of a football related offence (between 2 and 3 years).

17. Section 14G confers a discretionary power on the court to impose additional requirements when imposing a banning order.

18. Section 14H sets out the arrangements for seeking termination of an order.

19. Section 14J sets out the penalty for breach of any requirement of or under an order.

Football Banning Orders Authority

20. Section 19 sets out the role and functions of the enforcing authority which is responsible for notifying persons subject to banning orders of the occasions when they are required to report to a police station and to comply with any requirements of the order.

Summary Measures

21. Section 21A empowers a police constable in uniform, during any control period, to detain any person where there are reasonable grounds for suspecting that he may have caused or contributed to violence and disorder at any time in the past and reasonable grounds to believe making a banning order in his case would help prevent violence or disorder in connection with regulated football matches. The period of detention shall last only until a decision has been made as to whether a notice under section 21B should be issued, and may not be longer than 4 hours, or 6 hours with the authority of an inspector.

22. Section 21B empowers a constable in uniform, during a control period, to issue a notice to any person on the grounds set out in section 21A. The effect of the notice is to require that person to appear at a magistrates' court at a time specified in the notice, not to leave England and Wales before that time, and to surrender his passport (unless the control period in force relates to a game in Scotland or Northern Ireland). The notice must state the officer's grounds for giving it. The time specified for the appearance before the magistrates' court must be within 24 hours of the issue of the notice, or, if the person has previously been detained, within 24 hours of the start of his period of detention. The notice will be treated by the magistrates' court as an application for a banning order in respect of the person concerned. A person issued with such a notice may be arrested if a constable reasonably believes this to be necessary to secure his compliance with the order.

23. Section 21C provides that the powers set out in sections 21A and 21B may only be exercised in relation to British citizens, sets out the maximum penalty for failure to comply with a notice preventing departure from England and Wales (six months imprisonment), and empowers the court to remand the person concerned and, if he is remanded on bail, to impose bail conditions which include a prohibition on leaving England and Wales.

Relevant (football related) Offences

24. Schedule 1 to the Football Spectators Act 1989 is amended by adding to the existing list of football related offences:

• offences involving the possession and/or misuse of flares or fireworks at football matches
• offences involving the use, carrying or possession of an offensive weapon or a firearm; and
• offences of breach of a banning order or police notice.

Schedule 2

25. Schedule 2 makes minor and consequential amendments to other legislation.

Schedule 3

26. Schedule 3 contains consequential repeals.

COMMENCEMENT

27. Section 1 of the Act is to be brought into force by commencement order. The remaining provisions come into force on Royal Assent.

HANSARD REFERENCES

28. The following table sets out the dates and Hansard references for each stage of the Act's passage through Parliament.

ANNEX C

THE FOOTBALL SPECTATORS (PRESCRIPTION) ORDER 2000

ANNEX D

FBOA1

for magistrates' use

FORM OF FOOTBALL BANNING ORDER ON CONVICTION

Issued under section 14A of the Football Spectators Act 1989 as amended by the Football (Disorder) Act 2000

.. Magistrates' Court

1. Whereas the ...... Magistrates' Court convicted

Name . of

Address .

.

.

Date of Birth ...

on ...

of the *offence of/enactment contravened .

......

2. Whereas that offence is a relevant offence for the purposes of section 14A of, and Schedule 1 to, the Football Spectators Act 1989 since it falls within paragraph.of that Schedule.-

The court should complete the following paragraphs as appropriate and delete those that do not apply. * Delete as appropriate

The offence was committed at (time) on .(date) * at/ while entering/ trying to enter/ leaving/ trying to leave/ on a journey to/ during a period relevant to (within the meaning of section 1(8) or (8A) of that Act)/ or related to the sale of tickets for the football match at..ground at(time) on (date) being a match regulated for the purposes of Part I or Part II of the Football Spectators Act 1989.

*[and the court has made a declaration of relevance (within the meaning of section 7 of the Act) in respect of that offence -

3. after the prosecutor had given notice in accordance with section 23(1) of that Act; or
4. after the defendant consented to waiving the giving of full notice by the prosecutor or
5. and the court is satisfied that, notwithstanding the prosecutor has not given full notice in accordance with section 23(1) of that Act the interests of justice do not require more notice to be given;]

3. And whereas the court is satisfied that there are reasonable grounds to believe that making a football banning order in relation to the person named above would help to prevent violence or disorder at or in connection with football matches regulated for the purposes of Part II of the Football Spectators Act 1989.

Now, therefore, it is hereby ordered as follows:

ORDER

The above-named person shall be subject to a football banning order and must report initially to . Police Station at ..within the period of five days beginning with the date of the making of this order.

Subsequently that person must during the duration of the order

not enter any premises for the purpose of attending any football matches in England and Wales that are regulated for the purposes of the Football Spectators Act 1989

and on the occasion of football matches which are played outside England and Wales and are regulated for the purposes of Part II of the Football Spectators Act 1989 if and when required to do so under section 19(3)(b) of that Act, report to that or any other named police station in England and Wales [and, subject to any exemption, surrender his/her passport¹] at the time or between the times specified in the notice by which the requirement is imposed

It is further ordered that

¹ Delete only if the court has determined that there are exceptional circumstances which make it inappropriate to impose a requirement that the passport be surrendered, and has stated in open court what they are

DURATION OF ORDER

Period Final date of order

Signed ..

*Justice of the Peace

*By order of the court, Clerk to the ..... Magistrates' Court

(*Delete as appropriate)

Date ..

Banning order copied to

• Banned individual
• FBOA
• Chief executive, Football Association
• Named Police Station
• Prison governor, if applicable

ANNEX E

FBOA 2

Crown Court

FORM OF FOOTBALL BANNING ORDER ON CONVICTION

In the Crown Court
at

Case No:

Court Code:

Football Banning Order made under the Football Spectators Act 1989 as amended by the Football (Disorder Act) 2000

The defendant Date of birth

whose address is/was

was convicted on

at the magistrates' court at

A. A football match at..on was of a description which is regulated for the purposes of

Part 1 or Part II of the Football Spectators Act 1989.;

The offence(s) were relevant for the purposes of section 14A and Schedule 1 of the Football Spectators Act 1989, because it falls within paragraphof that Schedule.

 

The offence was committed at..(time) on..(date) * at/ while entering/ trying to enter/ leaving/ trying to leave/ on a journey to/ during a period relevant to (within the meaning of section 1(8) or (8A) of that Act)/ or related to the sale of tickets for that football match.

[C. The Court made a declaration of relevance for the offence(s).

(a) being satisfied that the prosecutor gave notice to the defendant at least five days before the trial or

(b) after the defendant consented to waive the giving of full notice or

(c) being satisfied that the interests of justice did not require more notice to be given

that such a declaration would be sought .]

ORDER

The above-named person shall be subject to a football banning order and must report initially to . Police Station at ..within the period of five days beginning with the date of the making of this order.

Subsequently that person must during the duration of the order

not enter any premises for the purpose of attending any football matches in England and Wales that are regulated for the purposes of the Football Spectators Act 1989

and on the occasion of football matches which are played outside England and Wales and are regulated for the purposes of Part II of the Football Spectators Act 1989 if and when required to do so under section 19(3)(b) of that Act, report to that or any other named police station in England and Wales [and, subject to any exemption, surrender his/her passport¹] at the time or between the times specified in the notice by which the requirement is imposed

It is further ordered that

¹ Delete only if the court has determined that there are exceptional circumstances which make it inappropriate to impose a requirement that the passport be surrendered, and has stated in open court what they are

DURATION OF ORDER

Period Final date of order

Signed An Officer of the Court..

Date ..

NOTES

1. You are required to report within 5 days of the making of the football banning order to the police station named in that order. If you have been sentenced to a period of immediate imprisonment you must report to that police station within five days of your discharge.

2. If you fail, without reasonable excuse, to report as required by the court you may be guilty of an offence which carries a maximum penalty of imprisonment for six months or a level 5 fine or both.

3. You are banned from any association football match in England and Wales that is regulated for the purposes of the Football Spectators Act 1989.

4. You will be informed by notice from the Football Banning Orders Authority if and when you will be required to surrender your passport and/ to report at the time a designated football match taking place outside England and Wales. You will have to surrender the passport and report to the police station named in this order, although if your circumstances change, you may subsequently apply to the named police station to report to another named police station in England and Wales.

5. If very special circumstances would prevent you from submitting your passport or reporting to a police station as required by the above Authority (and would also prevent you from attending the football match being played abroad) you may apply in writing to that Authority to seek an exemption for that occasion. Where the match in question is five or less days away, you should immediately contact the named police station. If the exemption is not granted, you may lodge an appeal to the court. If the appeal fails you may be asked to pay all or any part of the costs of the proceedings.

6. After the football banning order has been in force for a period of at least two-thirds of the period given by the court, you may apply to your local magistrates' court to terminate the order. If the application fails you may be asked to pay all or any part of the costs of the application. The court will take into account your conduct during the year and any other relevant factors before making a decision on your case.

7. The police station named in this order will be notified of this order and provided with a copy indicating your initial reporting requirements. They will initiate any relevant action should you fail to comply with the order.

8. On reporting to the police station, you should submit this order, proof of your identity and current address and three passport sized photographs.

Annex F

FBOA 3

For use by a magistrates' court

FORM OF FOOTBALL BANNING ORDER ON COMPLAINT

Issued under section 14B of the Football Spectators Act 1989

.. Magistrates' Court

Whereas the ...... Magistrates' Court is satisfied that

Name . of

Address .

Date of Birth ..

has at any time caused or contributed to any violence or disorder in the United Kingdom or elsewhere, i.e.

And whereas the court is satisfied that there are reasonable grounds to believe that making a football banning order in relation to the person named above would help to prevent violence or disorder at or in connection with football matches regulated for the purposes of Part II of the Football Spectators Act 1989.

Now, therefore, it is hereby ordered as follows:

ORDER

The above-named person shall be subject to a football banning order and must report initially to . Police Station at ..within the period of five days beginning with the date of the making of this order.

Subsequently that person must during the duration of the order

not enter any premises for the purpose of attending any football matches in England and Wales that are regulated for the purposes of the Football Spectators Act 1989

and on the occasion of football matches which are played outside England and Wales and are regulated for the purposes of Part II of the Football Spectators Act 1989 if and when required to do so under section 19(3)(b) of that Act, report to that or any other named police station in England and Wales [and, subject to any exemption, surrender his/her passport¹] at the time or between the times specified in the notice by which the requirement is imposed

It is further ordered that

¹ Delete only if the court has determined that there are exceptional circumstances which make it inappropriate to impose a requirement that the passport be surrendered, and has stated in open court what they are

DURATION OF ORDER

Period Final date of order

Signed ..

*Justice of the Peace

*By order of the court, Clerk to the ..... Magistrates' Court

(*Delete as appropriate)

Date ..

Banning order and termination orders copied to

• Banned individual
• FBOA
• Chief Executive, Football Association
• Relevant police station
• Prison governor, if applicable

NOTES

NOTES

1. You are required to report within 5 days of the making of the football banning order to the police station named in that order. If you have been sentenced to a period of immediate imprisonment you must report to that police station within five days of your discharge.

2. If you fail, without reasonable excuse, to report as required by the court you may be guilty of an offence which carries a maximum penalty of imprisonment for six months or a level 5 fine or both.

3. You are banned from any association football match in England and Wales that is regulated for the purposes of the Football Spectators Act 1989.

4. You will be informed by notice from the Football Banning Orders Authority if and when you will be required to surrender your passport and/ to report at the time a designated football match taking place outside England and Wales. You will have to surrender the passport and report to the police station named in this order, although if your circumstances change, you may subsequently apply to the named police station to report to another named police station in England and Wales.

5. If very special circumstances would prevent you from submitting your passport or reporting to a police station as required by the above Authority (and would also prevent you from attending the football match being played abroad) you may apply in writing to that Authority to seek an exemption for that occasion. Where the match in question is five or less days away, you should immediately contact the named police station. If the exemption is not granted, you may lodge an appeal to the court. If the appeal fails you may be asked to pay all or any part of the costs of the proceedings.

6. After the football banning order has been in force for a period of at least two-thirds of the period given by the court, you may apply to your local magistrates' court to terminate the order. If the application fails you may be asked to pay all or any part of the costs of the application. The court will take into account your conduct during the year and any other relevant factors before making a decision on your case.

7. The police station named in this order will be notified of this order and provided with a copy indicating your initial reporting requirements. They will initiate any relevant action should you fail to comply with the order.

8. On reporting to the police station, you should submit this order, proof of your identity and current address and three passport sized photographs.

ANNEX G

FBOA 4

For magistrates' court use

TERMINATION ORDER FOR FOOTBALL BANNING ORDER

.. Magistrates' Court

Name:

Date of Birth:

Address:

Duration of order: Final date of order:

The above-named having applied to this Court for termination of the football banning order made on under *section 14A/ section 14B/ section 22 of the Football Spectators Act 1989,

And having regard to the applicant's character, his/her conduct since that order was made, the nature of the conduct that led to it and other relevant factors;

ORDER

*It is hereby ordered that the football banning order shall terminate on

*It is hereby ordered that the football banning order shall remain in force until the final date of the order indicated above, subject to the outcome of any further application for termination.

Signed ..

*Justice of the Peace

*By order of the court, Clerk to the Court

*Delete as appropriate

Copy to the Football Banning Orders Authority

Chief Executive Football Association

Named Police Station

ANNEX H

FBOA 5

For use by Crown Court

Termination for Football Banning Order in the Crown Court

at

Case No:

Court Code:

To:

of

Date of birth:

Order for the termination of a football banning order made under the Football Spectators Act 1989

On . you were made subject to a football banning order under part II of the Football Spectators Act 1989. Having applied on .. for the termination of the order; and having regard to your character, your conduct since the order was made, the nature of the conduct which led to the order and other relevant facts, the Court ordered:

*that the football banning order terminates on

*that the order should in remain in force, subject to the outcome of any further application for termination.

..

An Officer of the Crown Court

Date:

 

 

Copy to the Football Banning Orders Authority

Chief Executive, Football Association

Relevant Police Station

ANNEX I

FBOA 6

Form of information

Form of information under section 22(2) of the

Football Spectators Act 1989

... Magistrates' Court (Code)

Date:

Person in
respect of
whom this
information
is laid:

Address:

ANNEX J

FBOA7

Form of summons

Form of summons under section 22(2)(a) of the Football Spectators Act 1989

. Magistrates' Court (Code)

Date:

To of [insert address], being the person in respect of whom an information under section 22(2) of the Football Spectators Act 1989 has been laid.

You are hereby directed to appear on .. at [am] [pm] before the Magistrates' Court at to answer to the following information.

[Refer to information of and include reference to offence in a country outside England and Wales of which the person was convicted]

As a result of the information, a football banning order may be made against you under section 22 of the Football Spectators Act 1989.

Under such an order you

are forbidden from entering any premises for the purpose of attending any football matches in England and Wales that are regulated for the purposes of the Football Spectators Act 1989.

may be required to submit your passport and to attend a named police station in England and Wales on the occasion of certain football matches being played outside England and Wales.

may be subject to further requirements as imposed by the court.

Person bringing proceedings:

Address:

Date of information:

(Signed)

Justice of the Peace

[Justices Clerk]

ANNEX K

FBOA 8

Form of warrant of arrest

Form of warrant of arrest under section 22(2)(b) of the
Football Spectators Act 1989

.. Magistrates' Court (Code)

Date:

Person in respect of whom an information under section 22(2) of the Football Spectators Act 1989 has been laid:

Address:

SCHEDULE I

Conditions to be complied with before release on bail

To provide . [surety] [sureties] in the sum of £ [each] to secure the surrender of the person in respect of whom an information has been laid under section 22(2) of the Football Spectators Act 1989 at the time and place appointed.

[insert condition[s] as appropriate]

SCHEDULE II

Conditions to be complied with after release on bail

[insert condition[s] as appropriate]

ANNEX L

FBOA 9

Form of FBO (Overseas offences)

Form of football banning order under section 22 of the Football Spectators Act 1989

. Magistrates' Court

Whereas the Magistrates' Court is satisfied that [insert name of person against whom proceedings have been brought] of [insert address] -

(a) is ordinarily resident in England and Wales;

(b) was convicted by [insert name of court outside England and Wales] of the offence of [insert name of offence and, where appropriate, enactment contravened];

Whereas the of fence referred to above is specified in [insert reference to relevant Order in Council under section 22(1) of the Football Spectators Act 1989] as being an offence under the law of [insert name of country outside England and Wales] as corresponding to any offence in Schedule 1 to the Football Spectators Act 1989

* [Whereas it does not appear that the conviction referred to above is the subject of proceedings in a court of law in that country questioning the conviction;] or

* [Whereas it appears that the conviction referred to above has been the subject of proceedings in a court of law in that country questioning it and the final result of those proceedings is as follows [insert result]];

And whereas the court is satisfied that there are reasonable grounds to believe that making a football banning order in relation to the person named above would help to prevent violence or disorder at or in connection with football matches regulated for the purposes of Part II of the Football Spectators Act 1989

Now, therefore, it is hereby ordered as follows:

ORDER

The above-named person shall be subject to a football banning order and must report initially to . Police Station at ..within the period of five days beginning with the date of the making of this order.

Subsequently that person must during the duration of the order

not enter any premises for the purpose of attending any football matches in England and Wales that are regulated for the purposes of the Football Spectators Act 1989

and on the occasion of football matches which are played outside England and Wales and are regulated for the purposes of Part II of the Football Spectators Act 1989 if and when required to do so under section 19(3)(b) of that Act, report to that or any other named police station in England and Wales [and, subject to any exemption, surrender his/her passport¹] at the time or between the times specified in the notice by which the requirement is imposed

It is further ordered that

¹ Delete only if the court has determined that there are exceptional circumstances which make it inappropriate to impose a requirement that the passport be surrendered, and has stated in open court what they are

DURATION OF ORDER

Period Final date of order

Signed ..

*Justice of the Peace

*By order of the court, Clerk to the ..... Magistrates' Court

(*Delete as appropriate)

Date ..

Banning order copied to

FBOA

Chief executive, Football Association

Named Police Station

Prison governor, if applicable

NOTES

1. You are required to report within 5 days of the making of the football banning order to the police station named in that order. If you have been sentenced to a period of immediate imprisonment you must report to that police station within five days of your discharge.

2. If you fail, without reasonable excuse, to report as required by the court you may be guilty of an offence which carries a maximum penalty of imprisonment for six months or a level 5 fine or both.

3. You are banned from any association football match in England and Wales that is regulated for the purposes of the Football Spectators Act 1989.

4. You will be informed by notice from the Football Banning Orders Authority if and when you will be required to surrender your passport and/ to report at the time a designated football match taking place outside England and Wales. You will have to surrender the passport and report to the police station named in this order, although if your circumstances change, you may subsequently apply to the named police station to report to another named police station in England and Wales.

5. If very special circumstances would prevent you from submitting your passport or reporting to a police station as required by the above Authority (and would also prevent you from attending the football match being played abroad) you may apply in writing to that Authority to seek an exemption for that occasion. Where the match in question is five or less days away, you should immediately contact the named police station. If the exemption is not granted, you may lodge an appeal to the court. If the appeal fails you may be asked to pay all or any part of the costs of the proceedings.

6. After the football banning order has been in force for a period of at least two-thirds of the period given by the court, you may apply to your local magistrates' court to terminate the order. If the application fails you may be asked to pay all or any part of the costs of the application. The court will take into account your conduct during the year and any other relevant factors before making a decision on your case.

7. The police station named in this order will be notified of this order and provided with a copy indicating your initial reporting requirements. They will initiate any relevant action should you fail to comply with the order.

8. On reporting to the police station, you should submit this order, proof of your identity and current address and three passport sized photographs.

ANNEX M

FBOA 10

For Police Use

Form of complaint under section 14B of the

Football Spectators Act 1989

... Magistrates' Court (Code)

Date:

Person in
respect of
whom this
complaint
is laid:

Address:

Details

The
complaint of:

Address:

Telephone No.

ANNEX N

FBOA 11

For Court Use

Form of summons under section 14B of the

Football Spectators Act 1989

. Magistrates' Court (Code)

Dates:

To of [insert address], being the person in respect of whom an information under section 14B of the Football Spectators Act 1989 as amended by the Football (Disorder Act) 2000 has been laid.

You are hereby directed to appear on .. at [am] [pm] before the Magistrates' Court at to answer to the following information.

[Refer to information of causing or contributing to any violence or disorder in the United Kingdom or a country aside ]

As a result of the information, a football banning order may be made against you under section 14B of the Football Spectators Act 1989 . Under such an order you will be forbidden from entering any premises for the purpose of attending any football matches in England and Wales that are regulated for the purposes of the Football Spectators Act 1989 and, subject to possible exemption, you will be required to submit your passport and to attend a named police station in England and Wales on the occasion of certain regulated football matches being played outside England and Wales. In addition, the court may impose further requirements upon you.

Person bringing proceedings:

Address:

Date of information:

(Signed)

Justice of the Peace

[Justices Clerk]

ANNEX O

FBOA 12

For Police Use

Form of Detention under section 21A of the Football Spectators Act 1989.

Whereas I,

[ name of constable]

[ warrant card number}

have reasonable grounds for suspecting that you,

have at any time caused or contributed to any violence or disorder in the United Kingdom or elsewhere

and reasonable grounds for believing that making a football banning order in your case would help to prevent violence or disorder at or in connection with any regulated football matches.

I am hereby detaining you pending a decision on whether or not to issue a notice under section 21B of the Football Spectators Act 1989.

The reasons for detaining you are-

You are hereby detained in my custody pending further investigations for a maximum period of 4 hours commencing [time and date detention commenced].

You are advised that I may detain you for a further 2 hours with the authority of an officer of at least the rank of inspector.

Notice under section 21B issued:                          Yes / No

Released from detention : [Time/date]

Notes:

1. The power to detain under section 21A of the Football Spectators Act 1989 can only be exercised by a constable in uniform during a control period - ie 5 days before a regulated football match or a specified tournament to be played outside the UK.

2. It can only be exercised in relation to British citizens.
3. The person concerned must be given the reasons for detaining him in writing.

ANNEX P

FBOA 13

Form of Notice under section 21B of the Football Spectators Act 1989.

[ date and time of notice]

Whereas I,

[ name of constable]

[ warrant card number]

have reasonable grounds for suspecting that you

have at any time caused or contributed to any violence or disorder in the United Kingdom or elsewhere

and reasonable grounds for believing that making a football banning order in your case would help to prevent violence or disorder at or in connection with any regulated football matches.

and having obtained the authority of an officer of at least the rank of inspector

you are hereby required to appear at / I am hereby arresting you to appear at

at [ time of appearance which is to be within 24 hours of the giving of this notice or the notice of detention, whichever is the earlier] for the imposition of a banning order to be considered under section 14B of the Football Spectators Act 1989.

Further Requirements

• you are hereby required not to leave England and Wales before your appearance at the magistrate's court .
• you are hereby required to surrender your passport

Grounds for issue of the notice

Signature of authorising officer:.

Notes:

1. The power to issue a notice under section 21B of the Football Spectators Act 1989 can only be exercised by a constable in uniform during a control period- ie 5 days before a regulated football match or a specified tournament to be played outside the UK.

2. A notice can only be issued to a British citizen.

3. The notice must contain the grounds on which it is issued. These should be as detailed as possible and should include where appropriate details of convictions or conduct to be relied upon; any evidence of intention to travel to a place where a regulated football match is to take place.

4. A constable may arrest a person to whom he gives a notice under section 21B if he has reasonable grounds to believe it is necessary to do so to ensure that he complies with the notice.

5. Failure to comply with this notice is an offence punishable by a maximum of 6 months imprisonment and/or a level 5 fine.

ANNEX Q

FBOA 14

For use at police station of initial reporting

FOOTBALL BANNING ORDER

RECORD OF INITIAL REPORTING

(to be completed by named police station)

Name:

Date of Birth:

Address:

Date of issue of Football Banning Order:

This records your attendance at .. Police Station as required by the court making the football banning order.

You are required to inform the Football Banning Orders Authority if you change your address. Failure to do so may render you liable to prosecution. You must write to the Authority at:

The Football Banning Orders Authority

NCIS

PO Box 8000

London

SE11 5EF

You should quote reference number ... on all correspondence with the Authority.

This is being copied to the Authority together with your photograph.

ANNEX R

FBOA 15

Laminated registration card

Forces may wish to produce the card locally. Copies can, however, be obtained from the Football Banning Orders Authority.

ANNEX S

FBOA 16

For police use for request to change named police station

FOOTBALL BANNING ORDER

APPLICATION TO CHANGE NAMED POLICE STATION FOR SURRENDER OF PASSPORT AND/ OR REPORTING REQUIREMENTS

*Delete as appropriate

To be completed by applicant

Name ...

Address ...

Date of birth

Reference Number ... (Contained on registration card)

Requested police station .

State reasons for wishing to change named police station

Supporting documentary evidence supplied e.g. confirmation of new address etc *YES/NO

Application is for *permanent/ temporary change.

If temporary, from to

Signed . Date

FOR POLICE USE

*Application granted.

Name and Rank: Police Station & Force

Copy to the applicant, the new named police station and the FBOA.

*Application refused. Please state reasons.

Name and Rank: Police Station & Force

Copy to the applicant and the FBOA.

ANNEX T

FBOA 17

Letter from FBOA setting passport/reporting requirements

Football Banning Orders Authority

REPORTING INSTRUCTIONS ON

FOOTBALL BANNING ORDER

To:

Address:

Serial No:

By the order of the court, under section 19(2B) of the Football Spectators Act 1989 you are instructed to comply with the following:

1. Report to .. Police Station at

...

on between the times of .....

for the purposes of surrendering your passport.

 

2. Report to .Police Station at

......

on between the times of .

for the purposes of complying with the reporting requirement made under the football banning order.

The above conditions and reporting requirements have been applied in connection with the forthcoming regulated football match:

to be played on

between .... and .

On each occasion you should produce your registration card together with this letter. Failure to comply with the instruction to surrender your passport or to meet the reporting requirement is a criminal offence. You may be liable on conviction to a term of imprisonment of up to six months and/ or a level 5 fine.

You may apply to be exempted from the submission of passport and/ or the reporting requirement. This must be done in writing to the Football Banning Orders Authority at the above address. If there are five days or less before either the surrender condition or reporting requirement, you may make application to the police station named on this instruction. Should you disagree with the decision, you may lodge an appeal to a magistrates' court in whose area the order was issued. The court may order you to pay all or part of the costs of the appeal.

On receiving your passport, the police officer will endorse and stamp the form and this will act as a receipt for your passport. The passport should normally be returned to you when you comply with the reporting requirement or as soon as practicable thereafter. You will then be asked to sign this copy and the police officer's copy of the form to indicate that the passport has been returned to you.

If you have lost your registration card, you should inform the police station named above and a replacement card will be issued. Your passport will act as proof of your identity and will be compared to the photographic record held at the police station named above.

If the order has not attached the surrender of your passport as a condition of the order, you must provide other means of identification when you report to the police station to meet reporting requirements.

You should retain this letter for your own records. The police station named above has been sent a copy of this letter for their records and to ensure compliance with the order.

On attendee's copy

The above named has complied with this instruction and submitted his passport as required.

Name & Rank

The above named has complied with this instruction and reported to this police station as required.

Name & Rank

The passport has been returned to the person named above.

The attendee should endorse both copies (this and the police copy) to confirm return of the passport.

Passport receivedDate ..

For Police Purpose

The official record or log and FBOA 11 should be noted.

ANNEX U

FBOA 18

Official police record of compliance with order

FOOTBALL BANNING ORDER

Other useful information:-

___________________________________________________________________________

___________________________________________________________________________

___________________________________________________________________________

TO BE COMPLETED ON SURRENDER/ RETURN OF PASSPORT AND MEETING REPORTING REQUIREMENTS

ANNEX V

The Sporting Events (Control of Alcohol Etc) 1985

1. Section 1 provides for four offences:

1. a person who knowingly causes or permits intoxicating liquor to be carried on a vehicle;
2. a person who has intoxicating liquor in his possession on a vehicle
3. a person who is in possession of alcohol on a vehicle
4. a person who is drunk on a vehicle

1. when such a vehicle relates to public service vehicles and railway passenger vehicles which are being used for the principal purpose of carrying passengers for the whole or part of a journey to or from a designated sporting event.

2. 'Public service vehicle' is given the same meaning as in section I of the Public Passenger Vehicles Act 1981, that is, a motor vehicle (other than a tramcar) which is either adapted to carry more than eight passengers and is used for carrying them for hire or (being a vehicle not so adapted) is used for carrying passengers at separate fares for reward in the course of a business of carrying passengers.
3. Subsection (2) above makes it an offence knowingly to cause or permit intoxicating liquor to be carried on a vehicle to which this section applies. The offence extends, in the case of public service vehicles, to the hirer or operator and their servants and agents, and in the case of railway passenger vehicles, to the hirer and his servants and agents; and has a maximum penalty on summary conviction of a level 4 fine. The 'operator' of a public service vehicle is also given the same definition as in the Public Passenger Vehicles Act 1981 and means the driver, if he owns the vehicle, and in any other case the person for whom the driver works (whether under a contract of employment or any other description of contract personally to do work).
4. Subsection 3 makes it an offence to be in possession of alcohol on a public service vehicle or railway passenger vehicle travelling to or from a designated sporting event. The maximum penalty on conviction for this offence will be three months' imprisonment and a fine not exceeding level 3 on the standard scale.
5. Subsection (4) provides for the offence of drunkenness on public service vehicles and railway passenger vehicles travelling to and from a designated sporting event with a maximum penalty on conviction of a fine not exceeding level 2 on the standard scale. There is power in section 7(3) for a constable to stop and search a public service vehicle to which section 1 applies, or to search a railway passenger vehicle to which section 1 applies, if he has reasonable grounds to suspect that an offence under section 1 is being or has been committed in respect of the vehicle.
6. Section 2 provides for two offences. First, it is an offence for a person to possess alcohol or an article to which the section applies when entering or attempting to enter a designated sports ground (defined in section 9 of this Annex and section 10 of the Circular) during the period of a designated sporting event (defined as previously reference).
7. It is also an offence to possess these things in any area of the ground from which the pitch may be directly viewed. The maximum penalty on conviction for this offence is three months' imprisonment and a fine not exceeding level 3 on the standard scale.
8. Articles to which this section applies are bottles, cans or other portable containers (or any part of them) which are for holding drink and which when empty are normally thrown away, returned to the supplier or recovered by him and which are capable of causing injury to a person struck by them. This definition does not include articles that are not usually discarded, for example, thermos flasks but does catch articles such as beer glasses that are normally returned to the supplier. The definition specifically excludes anything used to hold a medicinal product within the meaning of the Medicines Act 1968. These offences are committed in any area of the ground from which the event may be directly viewed. Such areas include the stands, terraces and any restaurants, sponsors' boxes and other rooms which overlook the pitch, It is not an offence to possess alcohol or any other article described in section 2 in parts of the ground which have no direct view of the event.
9. Section 2 also makes it an offence for any person who is drunk to enter or try to enter or be in any part of a designated sports ground during the period of a designated sporting event. The maximum penalty for this offence will be a fine not exceeding level 2 on the standard scale.
10. Section 3 prohibits the sale or supply of alcohol at licensed premises or registered club premises inside designated sports grounds during the period of a designated sporting event unless the licensee or club secretary (or chairman) as appropriate has obtained an exemption order from a magistrates' court. The court would be required in considering an application for an order to pay particular regard to the arrangements made for the admission of spectators and for regulating their conduct, and not to issue an order unless satisfied that the order would not be likely to be detrimental to the orderly conduct or safety of spectators.
11. The court may attach conditions to an exemption order. It may, for instance, restrict the hours during which alcohol may be sold (but an exemption order may not extend permitted hours under the general licensing laws). It would also be possible, if the court saw fit, to limit the operation of the exemption order to certain classes of events (for instance, in order to exclude cup ties); to confine it to premises in certain areas of the ground (for instance, those areas reserved for home supporters); to require all drinks to be sold in plastic cups or similar containers; to limit the number of drinks which may be sold to each customer; or to attach other appropriate conditions. The court may vary or revoke an exemption order at any time.
12. No exemption order may apply to any licensed premises or registered club premises from which sporting events at the designated sports ground may be directly viewed. A responsible person nominated by the licensee or club as appropriate must be present at the ground throughout the period of any designated sporting event. Written notice of this person's nomination and his address must be given to the chief officer of police. There is power for a police inspector (or higher rank) to suspend or modify an exemption order temporarily by leaving written notice at the relevant premises or at the address of the nominated person, if in his opinion there is a likelihood of trouble developing at a particular match but there is insufficient time to ask the magistrates to revoke or vary the order (for example, on a Saturday morning).
13. It will be an offence (with a maximum penalty on conviction of three months' imprisonment and a fine not exceeding level 3 on the standard scale) for the holder of the justices' licence or, as the case may be, an officer of the club, to sell or supply or authorise the sale or supply of alcohol contrary to any restrictions or conditions imposed by or under this section.
14. Section 4, as amended by the Sporting Events (Control of Alcohol etc) (Amendment) Act 1992, provides that the duration of an exemption order made under section 3 should be twelve months unless it is earlier revoked or superseded by another order and unless the licence or registration attached to the premises ceases to have effect. The exemption order will also cease to have effect on the transfer of the licence, that is, when a new licensee takes over the premises. The grant of a protection order under the Licensing Act 1964 does not terminate an exemption order.
15. Subsection (4) provides that where an application for a renewal of an exemption order or for a new order in respect of the same premises (for example, where there has been a change of licensee) is made not less than 28 days before the expiry of the current order, the current order continues In force until the court has dealt with the application. Section 4 also provides for a fee to be charged for the making of an order (£12.50) or any variation of an order that is made on the application of the licensee or club (£4). The amount of the fee may be varied by order made under section 29 of the Licensing Act 1964. The procedure for applications is set out in the Schedule to the Act.
16. Section 5 provides a right of appeal against the decision of a magistrates' court or an application for or about an exemption order (except a decision on an application for an exemption order to be varied or granted for a particular sporting event (e)). The appeal will be to the Crown Court whose decision will be final. Any party to the original proceedings shall be party to the appeal.
17. Section 6 allows a constable in uniform to require any person in charge of a bar within a designated sports ground during a designated sporting event to close the bar if he believes that the sale of alcohol there is detrimental to the orderly conduct and safety of the spectators. It is an offence to fail to close a bar when required to do so by a constable under this section unless it can be shown that all reasonable steps were taken to do so. The maximum penalty on conviction for this offence is three months' imprisonment and a fine at level 3 on the standard scale.
18. It is an operational matter for the professional judgement of the police under what circumstances bars should be required to close under this section. It is a decision which will require considerable care; concern was expressed during Parliamentary proceedings that an experienced officer should be consulted whenever possible
19. Section 7 provides the police with the necessary powers to enforce the legislation. It allows a constable to enter any part of a designated sports ground at any time during the period of a designated sporting event in order to enforce the provisions of this Act. It gives a constable a power of search and arrest of any person he reasonably suspects is committing or has committed an offence under this Act. Where a constable reasonably suspects that an offence under section 1 (possession of alcohol and drunkenness on a public service vehicle or railway passenger vehicle travelling to or from a designated sporting event) is being or has been committed, he may search the relevant vehicle.
20. Section 8 prescribes penalties for offences under the Act. There is a maximum penalty of three months' imprisonment and a fine not exceeding level 3 on the standard scale for offences under section 1(3) (possession of alcohol on a public service vehicle or railway passenger vehicle travelling to or from a designated sporting event), section 2(1) (possession of alcohol or a controlled container in a viewing area of a designated sports ground or while entering a ground), section 3(10) (contravention of restrictions on sale of alcohol in a sports ground) and section 6(2) (failure to comply with an instruction by a constable to close a bar at a ground during a sporting event).
21. A maximum penalty of a fine not exceeding level 2 on the standard scale is prescribed for offences under section 1(4) (drunkenness on a public service vehicle or railway passenger vehicle travelling to or from a designated sporting event) and section 2(2) (drunkenness within a designated sports ground or on entry to one). Section 8 also prescribes a maximum penalty of a fine not exceeding level 4 on the standard scale for offences under section 1(2) (permitting alcohol to be carried on a public service vehicle or railway passenger vehicle travelling to or from a designated sporting event).
22. Section 9 provides definitions for the terms used in the Act. A 'designated sports ground' is defined as any place used for sporting events which has accommodation for spectators and which has been designated or is part of a class designated by the Secretary of State. The designation order may specify the outer limit of any designated sports ground and this provision may help to clarify the extent of the law at any designated sports ground whose boundaries may be unclear. The designation order that was laid on 26 July 1985 contains no such specification.
23. A 'designated sporting event' is defined as an event or proposed event that has been designated or is part of a class designated by order made by the Secretary of State. A 'designated sporting event' also includes events designated under the comparable Scottish legislation. Provision has also been made for events outside Great Britain to be designated and travel to or from these events by public service vehicle or railway passenger vehicle within England and Wales will therefore fall within section 1 of the Act. The 'period of a designated sporting event' is defined as the period commencing two hours before the start and ending one hour after the end of a designated sporting event except that where the event is advertised to start at a particular time but is delayed, postponed or cancelled it includes the period commencing two hours before and ending one hour after the advertised start.
24. Section 10 makes amendments to Part V of the Criminal Justice (Scotland) Act 1980. The effect of these amendments is to extend the controls on public service vehicles In Scotland to include trains; to apply the controls on travel in the Scottish legislation to designated sporting events in England and Wales, and to enable the Secretary of State to designate sporting events abroad so that travel in Scotland en route to designated sporting events in England and Wales or outside Great Britain would be caught under the Scottish Act.
25. Section 11 limits the extent of sections 1-9 and the Schedule to the Act to England and Wales. Similar provisions already apply in Scotland under the Criminal Justice (Scotland) Act 1980. The Act does not apply to Northern Ireland.
26. The Schedule sets out procedural arrangements for applications for exemption orders.
    1. Paragraph 1 provides that an application for an exemption order shall be made by complaint to a justice acting for the same petty sessions area as the relevant magistrates' court.
    2. Paragraph 2 specifies that applications for an order to be made or varied shall be made by the holder of the justices' licence in the case of licensed premises and by the chairman or secretary of the club in respect of registered club premises. The justice shall notify the chief officer of police and the local authority of an application for an order y summons requiring them to appear before the magistrates' court to show why the order should not be made or varied. A summons to the local authority is effective (and therefore the local authority is party to the proceedings) only if a certificate under the Safety of Sports Grounds Act 1975 is in force for the relevant sports ground. A copy of any exemption order made under this paragraph must be sent to the chief officer of police and to the local authority (where it is a party to the proceedings).
    3. Paragraph 3 states that an application for an order to be revoked or varied may be made by the "chief officer of police or, where the sports ground has a certificate under the Safety of Sports Grounds Act 1975, by the local authority. The justice to whom the application has been made must issue a summons to the holder of the justices' licence or the club secretary/chairman (as appropriate) requiring him to appear before the magistrates' court to show why the order should not be varied or revoked. A copy of any order made under this paragraph must be sent to the holder of the justices' licence or club secretary/chairman.
    4. Paragraph 4 provides that where an application is made for a new exemption order it must be accompanied by a plan of the sports ground indicating where It is proposed that alcohol should be sold under the exemption order. A period of at least 28 days must elapse between the making of the application and the hearing. This is to give the police (and the local authority where appropriate) an adequate opportunity to consider the application.
    5. Paragraph 5 provides for the club chairman, secretary, any member of the management committee or any authorised officer of the club to represent the club in proceedings under this Act in a magistrates court or Crown Court where the club does not have legal representation.
    6. Paragraph 6 gives 'local authority' in this Schedule
       the same meaning as in the Safety at Sports Grounds Act 1975.