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Home » Legal Resources » Legal Guidance » D to G » Football related offences

Football related offences

Up to date: 3 June 2010

Principle

Following the excellent work of some CPS Areas over the past few years working closely with the police to tackle football related violence and hooliganism, the Director has decided that this close liaison with the police should become the standard in all Areas for the future. Well planned and co-ordinated arrangements have produced high profile improvements locally in case outcomes and have enjoyed the overwhelming support of the public and press.

As Areas develop their expertise in charging and giving early advice, the police will benefit from informed legal advice on what evidence to seek to bring to justice a high proportion of those arrested for football related offences. Each police force will have one or more Football Intelligence Officers and Areas should nominate a lead prosecutor to liaise with the police on football matches. Where an Area contains a number of clubs, it may be wise to have a point of contact for each club. The United Kingdom Football Policing Unit (UKFPU) will maintain and provide a list of Football Intelligence Officers (FIO).

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Guidance

The Legislation Affecting Football Matches

The Legislation concerned can be found in Archbold 2005 (5-821). Guidance is available on the Police National Legal Database and copies of the complete Acts of Parliament are available on the web site http://www.opsi.gov.uk.

Public Interest Considerations - Decisions to Prosecute

Although of course each case will depend on its own facts, once the evidential test has been passed, the Director of Public Prosecutions has decided that for offences which are prima facie football related, there will be a strong presumption in favour of prosecution. In the highly unlikely event that a prosecution does not proceed on public interest grounds, managers will wish to see that there are clear and appropriate grounds recorded for not proceeding and that these are discussed and wherever possible agreed with the police.

Out-of-Court Disposals - Conditional Cautions

While out of court disposals that involve Simple Cautions or Penalty Notices for Disorder will hardly ever be appropriate, it may still be appropriate to consider a conditional caution for minor offences committed by persons who have no previous record of football related, public order, assault or criminal damage offences. Football Banning Orders cannot be obtained on the back of any out-of-court disposals though an offender who fails to comply with a conditional caution in relation to a football related offence will be liable for an application for a banning order to be made should the original offence be prosecuted.

Conditions may include not to attend any regulated football match or a particular football ground, with the additional condition to report to a particular police station at kick off times. The period should never exceed 3 months and should be for as short a period as is necessary and proportionate in relation to the offence and the offender; for example for a minor infraction, a period of a month would still be a considerable hardship. Failure to comply will be detected by being caught through the vigilance of the local police and it may be possible for the club to report the use, say, of a season ticket by a temporary banned fan. It may also be possible for conditions to include not to approach an individual or go to a particular location; for example, a public house close to a football club. (See the Director's Guidance on Conditional Cautions for further information).

Conditional cautions may also be appropriate for anti-social behaviour in and around football matches that could not be properly classified as football related.

Whenever a conditional caution is under consideration for a football related offence, the prosecutor must ensure that the FIO is consulted before a final decision is made. This consultation should be recorded on the MG3 to the effect that the offender is not considered a "risk supporter".

Conditional cautions for youths (sixteen and seventeen year olds) are to be piloted in 2009.

Football Banning Orders - s. 14 A

Risk supporters (more commonly referred to as hooligans) hate and fear Football Banning Orders. They are the main weapon we have and they must be sought wherever possible. Most football related disorder takes place away from football grounds, often affecting local public houses. Organised disorder can involve rival groups of supporters meeting some distance from the ground. Railway and bus stations have also been the scenes of disorder.

Where a person is convicted of a 'relevant offence', the court MUST make a Football Banning Order if satisfied that there are reasonable grounds to believe that it would help to prevent violence or disorder at or in connection with any regulated football matches (s.14A (1)). If the court is not so satisfied, it must state its reasons in open court (s. 14 A (2)).

It is particularly important for all to understand which offences are football related 'relevant offences' since it is these that enable the court to make Football Banning Orders. It is the exclusion from football matches, limitations on travel and other restrictions on liberty which are going to stop those intent on causing trouble at football matches in the future and safeguard the safety and enjoyment of genuine fans as well as the UK's reputation abroad.

For the avoidance of doubt, the First Schedule to the 1989 Act which lists all the 'relevant offences' has been replaced by Schedule1 of the Football (Disorder) Act 2000 and is attached to this Guidance as an Annex. It is important for those advising and charging these offences to be familiar with the Schedule and for the individual points to prove to be thoroughly understood. Having the list to hand when advising the police or making a charging decision will aid the process of obtaining more Football Banning Order 'hits'. The Police National Legal Database is also extremely useful and contains suggested wording for charges under the Football Acts.

Where the offences have been charged by the police under the Director's Guidance on Charging, it will be important for a reviewing lawyer or designated caseworker to check that the opportunity has been taken to charge a football related offence where possible and that the evidence exists to enable the court to make a declaration of relevance (see below).

Where good grounds exist and the court have refused to make a Football Banning Order, it will be important for a full note to be kept of the reasons given for not making an order and for urgent consideration (if necessary after urgent and immediate discussions with line management in accordance with local practice) to consider an appeal under the Violent Crime Reduction Act 2006 provisions: namely at Schedule 3, paragraph 3. If the failure is by the magistrates' court, the appeal is to the Crown Court. If by the Crown Court, the appeal is to the Court of Appeal but only if the judge grants a certificate that his decision is fit for an appeal. Any appeal against a finding or Football Banning Order should be responded to by the CPS. The Criminal Procedure Rule 63(3) specifies that notice of appeal shall be made not later than 21 days after the failure to make the order.

Prosecutors should be aware that the Violent Crime Reduction Act (VCRA) 2006 has amended s14A and B so that a court is now permitted to remand an offender if proceedings are adjourned. The court can also impose bail conditions of not permitting the offender to leave England and Wales prior to his appearance and requiring the offender to surrender his passport.

The court that hears the appeal will only have the power to make an order as that of the court from which the appeal was brought.

'Civil' Football Banning Orders - s. 14 B - on Complaint

From the 6th April 2007 prosecutors are able to apply for a 'civil' football banning order. The court must make an order if satisfied that the respondent has at any time caused or contributed to any violence or disorder in the UK or elsewhere and that there are reasonable grounds to believe that it would help to prevent violence or disorder at or in connection with any regulated football matches.

For s.14 (A) and (B), "violence" means violence against persons or property and includes threatening violence and doing anything which endangers the life of any person.

Also, disorder includes:

  1. stirring up hatred against a group of persons defined by reference to colour, race, nationality (including citizenship) or ethnic or national origins, or against an individual as a member of such a group,
  2. using threatening, abusive or insulting words or behaviour or disorderly behaviour,
  3. displaying any writing or other thing which is threatening, abusive or insulting.

Most importantly, the terms "violence" and "disorder" are not limited to violence or disorder in connection with football.

The courts are given a wide discretion of what to take into account in making a s. 14B Football Banning Order; this includes decisions of foreign courts, evidence of deportation back to the UK, removal from football matches wherever this occurred and conduct recorded visually - e.g. CCTV.

The court can look at the conduct of the responded for up to ten years before the application for the making of an order.

If one is unable to proceed to a conviction for a (football) relevant offence in all circumstances, it may still be possible to apply for an order under s.14 (B). Prosecutors should discuss this with police officers prior to the hearing.

Football Banning Orders - Evidence

Whether the application is made under s14 (A) or s14 (B) it is important to call evidence to show the court why the Football Banning Order is needed. In s14 (A) applications the offence itself may be sufficient evidence to prove the necessity of a Ban, but prosecutors should always consider calling additional evidence to establish the defendant/respondent's history of behaviour associated with football. In all cases the prosecutor should ensure that the Court is made aware of the impact of violence and disorder at and around football matches. What might appear to be an isolated incident by a person of good character (e.g. running on the pitch) could actually be the trigger for more widespread disorder. The FIO preparing the evidence in support of the application should provide either an MG5 detailing why a Ban is necessary and /or a statement detailing football disorder and the impact of disorder in that particular Force Area - from the local Police Commander.

Where the case is brought by the British Transport Police and the offence happens on the rail or underground network some distance from the ground it is necessary to ensure there is sufficient evidence to prove the disorder or violence is football related. Sources of evidence may include a match ticket, programme, fanzine, season ticket, train tickets, football related paraphernalia (i.e. pin badges, 'calling cards' , tattoos showing team / group allegiances) and ideally a photograph of the person wearing team colours.

Football Banning Orders - Procedure

When the application is made under s14 (A) the Criminal Procedure Rule 50 requires that notice should be given to the defendant of the intention to apply for a Football Banning Order. Although Rule 50.3 states that the application must be on the requisite form, no form has been specified in the rules. The CPS and UKFPU are jointly designing a form, based on the forms used for ASBO applications and this will be issued as soon as possible. However, it is vital that the prosecutor signs the application at the earliest opportunity.

Youths

Where appropriate, Consideration should be given to diversion by way of reprimand or final warning. Conditional Cautions are not yet available for youths but will be subject to piloting in 2009 for sixteen and seventeen year olds.

There is a potential conflict between the duty to remit young offenders to the youth court for sentence (Powers of Criminal Courts (Sentencing) Act 2000 s8) [PCCSA] and the requirement for the court that convicts an offender to deal with an application for a post-conviction Football Banning Order (Football Spectators Act 1989 s14A(6)) [ FSA].This conflict has resulted in youths convicted for football related violence and disorder away from their home court being remitted to their home courts and subsequently applications for FBOs have been rejected.

To avoid this conflict it is recommended that youths should normally be charged and bailed to their "home" court, even when the offence charged is committed away from their home town/city. However, if it is clear that the case is likely to be contested and there are potentially a number of civilian witnesses then it may be necessary to charge and bail the youth to the "away" court and after conviction to represent under the exception in Section 8(2) of the PCC(S) that it would be undesirable to remit the case to the "home" court. If in such a case the convicting "away" court remits the case and the sentencing "home" court declined to impose a Ban on the grounds that it had no power to do so, then the only potential remedy would be to seek a judicial review of the decision.

Careful consideration should be given before a youth is jointly charged with an adult, to avoid the potential problems dealt with above. In cases of large scale disorder it is perfectly good practice to charge each defendant separately and for youths to be charged to the "home" court and for the adults to be charged to the "away" court.

Regulated Football Matches

Football matches that are the subject of controls under this legislation must be 'regulated football matches' (s. 14). The Football Spectators (Prescription) Order 2000 sets out which

are the regulated matches in England and Wales and elsewhere.

Those in England and Wales are, basically, any association football match in which either team is a member of the Premier League, the Football League or the Football Conference (including its subdivisions, namely its Premiership Division and its North and South 'feeder' Division). Other matches may also qualify - see the Order for further details.

Length of Football Banning Orders (S.14 (F))

When made following conviction under s. 14A, a Football Banning Order may be for up to 10 years if immediate imprisonment is imposed and must be for at least 6 years. If no immediate imprisonment is ordered, the maximum is 5 years and the minimum 3 years.

If made under the section 14 (B) civil procedures, the maximum is 5 years and the minimum 3 years (as increased by the Violent Crime Reduction Act 2006).

Additional Requirement of Football Banning Orders

Football Banning Orders can be made more effective by the use of schedule containing additional restrictions, such as a restricted zone around a ground for a period of 2 hours before to 2 hours after a match, and a prohibition on using the national rail network without the prior approval of the British Transport Police. Other restrictions may be imposed and the police, especially the FIO, may have views on what may be effective restrictions on particular individuals.

Passports and Reporting

Under s.14(E), a person who has been given a Football Banning Order must report to a specified police station within 5 days and they will have to surrender their passport when required by the Enforcing Authority (the Football Banning Orders Authority - which is part of the UKFPU) under the Act and report to a police station during the 'control periods' associated with 'regulated football matches' outside the UK (see s. 14 for the relevant definitions of control period and regulated football matches). The Violent Crime Reduction Act 2006 removed the discretion of the court not to order the surrender of a passport.

Declarations of Relevance

Through the operation of s. 23 of the Football Spectators Act 1989, the court cannot make a Football Banning Order unless it is satisfied that the offence is football related. This section provides that the court has firstly to make a declaration of relevance and can only do so once it is satisfied that the prosecutor has served a notice on the defendant (at least 5 days before the first day of the trial) indicating that the prosecution propose to show that the offence related to football matches.

The court can waive the requirement for full notice to be given if satisfied it is in the interests of justice. The defendant may also waive away his rights for full notice. A finding by the court that the offence was football related can be appealed as part of an appeal against sentence. It is important to ask the court to waive the requirements if an offender appears in custody and is dealt with at first hearing.

Prosecutors should agree with the police that a notice will be served on the defendant at the time of charge, and provision made for proving service so as to satisfy the court. The court is likely to require a copy notice.

Prosecutors should ensure that there is sufficient evidence to prove relevance to a football match and should not feel limited to incidents arising at or near the ground. It is perfectly possible for criminality that would be caught by the Schedule to include incidents some considerable distance away from the ground involving those on the way to the match or for some time before or after the actual match itself. It will usually be obvious from the circumstances, but if not, additional evidence may be available on enquiry of the police. Football Banning Orders have successfully been sought for offences over 2 miles from the ground and 5 hours after the end of the game, as well as for offences on the national rail network some distance from the game.

The court may conduct a hearing analogous to a Newton Hearing to determine the question of relevance. You will need to discuss this with your court so that prosecutors are and appear to be properly prepared.

The use of CCTV evidence may be very persuasive and lawyers should not hesitate to view such material which may save substantial numbers of police officers from having to attend court to give evidence.

The Use of Bail and Liaison with the Court

The police may impose conditions from the moment they deem there is sufficient to charge and would have charged but for the DPP's Guidance. The whole range of post charge/pre-court conditions are available and can include keeping away from certain areas and reporting at specific times. The police may now also impose conditions on bail following a release under section 37(2) PACE even if there is insufficient to charge but this should only be imposed where, in the event of a breach, the police investigation is likely to produce a charging decision.

Ordinarily however, it will be appropriate where the evidence is available for an early charge and court hearing. This may cause considerable pressure on short term listing and Areas will need to liaise with the court for an agreed strategy to deal with what may be large numbers both in custody and on bail. Additional security may be required to safeguard the court and officials.

Photographs

Section 35 of the Public Order Act 1986 entitles the court, on applications by the prosecutor, to order a person on whom a Football Banning Order has been made to attend a specified police station within 7 days at a specified time to have a photograph taken. A power of arrest exists for disobedience.

Liaison with the Police

All Areas should have at least one nominated "lead football prosecutor". Good practice is for there to be one "lead" for each Premiership and Football League Club, with one "lead" as overall coordinator for the Area. Each "lead" should develop a close working liaison with the Football Intelligence Officer for the Force or Club for which he or she is responsible. A list of "lead" prosecutors will be maintained by the "Lead CCP for football matters" (currently Nick Hawkins, CCP Hampshire and the Isle of Wight) and will be shared with the UKFPU.

The success of the improved outcomes will depend on closer working with the police at a senior level. It has been proved to be highly beneficial for the CCP or senior lawyer to liaise with the relevant Police Commander in charge.

Again, a successful model has been demonstrated by the attendance of such a person at a match to observe what the police can see from their operational control as this assists in briefing the lawyers to be tasked with advising, charging and then seeking the Football Banning Orders.

For specific events, where trouble is anticipated or an agreed crack down is to take place, success will be generated by having charging lawyers on duty at the stress periods who will deal with the early advice and charging and through case ownership, will deal with any subsequent advocacy.

Whenever a conditional caution is under consideration for a football related offence, the prosecutor must ensure that the FIO is consulted before a final decision is made. This consultation should be recorded on the MG3 to the effect that the offender is not considered a "risk supporter".

Publicity

All this work will be generate a large amount of interest locally which will benefit the police and CPS if properly handled. Really good relationships with the local newspaper editors, facilities and information for the reporters, and a good media strategy will help seal not only the success of the operation but will do much to boost public confidence in local criminal justice agencies. Advice on this can be obtained from the Press Office. You will be able to refer to the National Media Handling Plan which will assist in planning your local publicity which has been circulated to the Area Communication Managers. A copy is attached for your further assistance.

Experience has shown that one or two really good joint operations can substantially reduce potential trouble locally.

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Annex to guidance on football offences

Relevant offences for obtaining banning orders

(a) Any offence under section 2(1) (unauthorised attendance at a regulated football match); 5(7) (making or using false document to obtain membership of national football scheme); 14 J (1) (failing to comply with Banning Order or requirement); or 21C (2) (failing to comply with a notice given under 21 (B) (police summary powers) of this Act).

(b) Any offence under section 2 or 2A of the Sporting Events (Control of Alcohol etc.) Act 1985 (alcohol, containers and fireworks) committed by the accused at any football match to which this Schedule applies or while entering or trying to enter the ground.

(c) Any offence under section 5 of the Public Order Act 1986 (harassment, alarm or distress) or any provision of Part III of that Act (racial hatred) committed during a period relevant to a football match to which this Schedule applies at any premises while the accused was at, or was entering or leaving or trying to enter or leave, the premises.

(d) Any offence involving the use or threat of violence by the accused towards another person committed during a period relevant to a football match to which this Schedule applies at any premises while the accused was at, or was entering or leaving or trying to enter or leave the premises.

(e) Any offence involving the use or threat of violence towards property committed during a period relevant to a football match to which this Schedule applies at any premises while the accused was at, or was entering or leaving or trying to enter or leave the premises.

(f) Any offence involving the use, carrying or possession of an offensive weapon or a firearm committed during a period relevant to a football match to which this Schedule applies at any premises while the accused was at, or was entering or leaving or trying to enter or leave, the premises.

(g) Any offence under section 12 of the Licensing Act 1872 (persons found drunk in public places, etc.) of being found drunk in a highway or other public place committed while the accused was on a journey to or from a football match to which this Schedule applies being an offence as respects which the court makes a declaration that the offence related to football matches.

(h) Any offence under section 91(1) of the Criminal Justice Act 1967 (disorderly behaviour while drunk in a public place) committed in a highway or other public place while the accused was on a journey to or from a football match to which this Schedule applies being an offence as respects which the court makes a declaration that the offence related to football matches.

(i) Any offence under section 1 of the Sporting Events (Control of Alcohol etc.) Act 1985 (alcohol on coaches or trains to or from sporting events) committed while the accused was on a journey to or from a football match to which this Schedule applies being an offence as respects which the court makes a declaration that the offence related to football matches.

(j) Any offence under section 5 of the Public Order Act 1986 (harassment, alarm or distress) or any provision of Part III of that Act (racial hatred) committed while the accused was on a journey to or from a football match to which this Schedule applies being an offence as respects which the court makes a declaration that the offence related to football matches.

(k) Any offence under section 4 or 5 of the Road Traffic Act 1988 (driving etc. when under the influence of drink or drugs or with an alcohol concentration above the prescribed limit) committed while the accused was on a journey to or from a football match to which this Schedule applies being an offence as respects which the court makes a declaration that the offence related to football matches.

(l) Any offence involving the use or threat of violence by the accused towards another person committed while one or each of them was on a journey to or from a football match to which this Schedule applies being an offence as respects which the court makes a declaration that the offence related to football matches.

(m) Any offence involving the use or threat of violence towards property committed while the accused was on a journey to or from a football match to which this Schedule applies being an offence as respects which the court makes a declaration that the offence related to football matches.

(n) Any offence involving the use, carrying or possession of an offensive weapon or a firearm committed while the accused was on a journey to or from a football match to which this Schedule applies being an offence as respects which the court makes a declaration that the offence related to football matches.

(o) Any offence under the Football (Offences) Act 1991

(p) Any offence under section 5 of the Public Order Act 1986 (harassment, alarm or distress) or any provision of Part III of that Act (racial hatred)

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

(q) Any offence involving the use or threat of violence (includes section 4 POA) by the accused towards another person

  • which does not fall within paragraph (d) or (m) above
  • which was committed during a period relevant to a football match to which this Schedule applies, and
  • as respects which the court makes a declaration that the offence related to that match or to that match and any other football match which took place during that period.

(r) Any offence involving the use or threat of violence by the accused towards property-

  • Which does not fall within paragraph (e) or (n) above,
  • Which was committed during a period relevant to a football match to which this Schedule applies, and
  • As respects which the court makes a declaration that the offence related to that match or to that match and any other football match which took place during that period.

(s) Any offence involving the use, carrying or possession of an offensive weapon or a firearm:

  • Which does not fall within paragraph (f) or (o) above,
  • Which was committed during a period relevant to a football match to which this Schedule applies, and
  • As respects which the court makes a declaration that the offence related to that match or to that match and any other football match which took place during that period.

(t) Any offence under section 166 of the Criminal Justice and Public Order Act 1994 (sale of tickets by unauthorised persons) which relates to tickets for a football match.

(u) Any reference to an offence above includes:

  • A reference to any attempt, conspiracy or incitement to commit that offence, and
  • A reference to aiding and abetting, counselling or procuring the commission of that offence.

(v) For the purposes of paragraphs (g) to (o) above:

  • A person may be regarded as having been on a journey to or from a football match to which this Schedule applies whether or not he attended or intended to attend the match, and
  • A person's journey includes breaks (including overnight breaks).

(w) In this Schedule, "football match" means a match which is a regulated football match for the purposes of Part II of the Act.

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