Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system. It provides guidance which sentencers are encouraged to take into account wherever applicable, to ensure that there is fairness for all involved in court proceedings.
The court must make a football banning order where an offender has been convicted of a relevant offence, unless the court considers that there are particular circumstances relating to the offence or to the offender which would make it unjust in all the circumstances to do so.(Football Spectators Act 1989, s.14A). Where the court does not make a banning order it must state in open court the reasons for not doing so.
Relevant offences are those set out in schedule 1 of the Football Spectators Act 1989 (further details below).
The order requires the offender to report to a police station within five days, may require the offender to surrender his or her passport, and may impose requirements on the offender in relation to any regulated football matches.
Where the order is imposed in addition to a sentence of immediate imprisonment, the term of the order must be between six and ten years. In other cases, the term of the order must be between three and five years. Football banning orders – Football Spectators Act 1989, s.14A Available on conviction of a ‘relevant offence’, listed in schedule 1 of the Football Spectators Act 1989. These include:
- possession of alcohol or being drunk while entering/trying to enter ground – Sporting Events (Control of Alcohol etc) Act 1985, s.2;
- public order offences – Public Order Act 1986, Parts 3 and 3A, and s.4, 4A or 5 – committed: (a) during a period relevant to a football match (see below) at any premises while the offender was at, or was entering or leaving or trying to enter or leave, the premises; (b) on a journey to or from a football match and the court makes a declaration that the offence related to football matches; or (c) during a period relevant to a football match (see below) and the court makes a declaration that the offence related to that match;
- any offence under section 31 of the Crime and Disorder Act 1998 (racially or religiously aggravated public order offences) where the court makes a declaration that the offence related to a football match, to a football organisation or to a person whom the accused knew or believed to have a prescribed connection with a football organisation;
- any offence under section 1 of the Malicious Communications Act 1988 (offence of sending any letter, electronic communication or article with intent to cause distress or anxiety) where the court has stated that the offence is aggravated by hostility of any of the types mentioned in section 66(1) of the Sentencing Code (racial hostility etc), and where the court makes a declaration that the offence related to a football match, to a football organisation or to a person whom the accused knew or believed to have a prescribed connection with a football organisation;
- any offence under section 127(1) of the Communications Act 2003 (improper use of public telecommunications network) where the court has stated that the offence is aggravated by hostility of any of the types mentioned in section 66(1) of the Sentencing Code (racial hostility etc), and where the court makes a declaration that the offence related to a football match, to a football organisation or to a person whom the accused knew or believed to have a prescribed connection with a football organisation;
- any offence involving the use or threat of violence towards another person committed: (a) during a period relevant to a football match (see below) at any premises while the offender was at, or was entering or leaving or trying to enter or leave, the premises; (b) on a journey to or from a football match and the court makes a declaration that the offence related to football matches; or (c) during a period relevant to a football match (see below) and the court makes a declaration that the offence related to that match;
- any offence involving the use or threat of violence towards property committed: (a) during a period relevant to a football match (see below)at any premises while the offender was at, or was entering or leaving or trying to enter or leave, the premises; (b) on a journey to or from a football match and the court makes a declaration that the offence related to football matches; or (c) during a period relevant to a football match (see below) and the court makes a declaration that the offence related to that match;
- any offence involving the use, carrying or possession of an offensive weapon or firearm committed: (a) during a period relevant to a football match (see below) at any premises while the offender was at, or was entering or leaving or trying to enter or leave, the premises; (b) on a journey to or from a football match and the court makes a declaration that the offence related to football matches; or (c) during a period relevant to a football match (see below) and the court makes a declaration that the offence related to that match;
- drunk and disorderly – Criminal Justice Act 1967, s.91(1) – committed on a journey to or from a football match and the court makes a declaration that the offence related to football matches;
- driving/attempting to drive when unfit through drink or drugs – Road Traffic Act 1988, s.4 – committed on a journey to or from a football match and the court makes a declaration that the offence related to football matches;
- in charge of a vehicle when unfit through drink or drugs – Road Traffic Act 1988, s.4 – committed on a journey to or from a football match and the court makes a declaration that the offence related to football matches;
- driving/attempting to drive with excess alcohol – Road Traffic Act 1988, s.5 – committed on a journey to or from a football match and the court makes a declaration that the offence related to football matches;
- in charge of a vehicle with excess alcohol – Road Traffic Act 1988, s.5 – committed on a journey to or from a football match and the court makes a declaration that the offence related to football matches;
- any offence under the Football (Offences) Act 1991;
- unauthorised sale of tickets – Criminal Justice and Public Order Act 1994, s.166.
The following periods are ‘relevant’ to a football match (Football Spectators Act 1989, Sch.1 para.4): (a) the period beginning: i. 24 hours before the start of the match; or ii. 24 hours before the time at which it is advertised to start; which ever is the earliest, and ending 24 hours after the end of the match; (b) where a match advertised to start at a particular time on a particular day is postponed to a later day, or does not take place, the period in the advertised day beginning 24 hours before and ending 24 hours after that time. In all cases, consult your legal adviser regarding available orders and their specific requirements and effects.