The Association of Chief Police Officers
and
Crown Prosecution Service
Prosecution Policy for Football Related Offences 2008/09
Professional and semi-professional football provides an opportunity for people from all walks of society and from all parts of England and Wales to follow their sport, to travel around the country and to meet and mix with other football fans. Many fans also follow their national team abroad as well as following those clubs that compete in European competitions.
The overwhelming majority of football fans are well-behaved and want nothing more than to attend games free from the fear of violence, disorder and other crime. In recent years there has been an increase in families attending games together, encouraged by the friendlier atmosphere at grounds, and the fact that the overwhelming majority of matches are free of any significant violence or disorder.
This is welcome but there will be no complacency. Violence will not be tolerated. Supporters must be free to attend matches without fear of violence and so must the communities whose homes and businesses are close to football grounds. Those who work in and around football grounds providing a service to fans, and those who provide the transport services that allow them to travel also have the right to carry out their work without fear of violence or intimidation.
Our legislation concerning football matches and disorder associated with them is widely recognised by other jurisdictions as the most effective in this field. The success of the legislation, and in particular the use of Football Banning Orders (FBOs) can be evidenced in a number of ways. There are now fewer banning orders in force than three years ago, the level of arrests at and around football matches remains low and no offenders subject to FBOs managed to travel to Germany for the World Cup in 2006, where English fans were welcomed by the German authorities, or to the recent Euro 2008 finals in Austria and Switzerland (although neither England or Wales qualified those persons subject to FBOs were required to surrender their passports to police for the duration of the Championships). This has been achieved by a combination of self-policing by fans, high quality police investigations producing compelling evidence, and robust prosecutions where appropriate.
The Association of Chief Police Officers (ACPO) and the Crown Prosecution Service (CPS) will continue to operate a robust prosecution policy for football related violence during 2008/09 and beyond.. This means that there will be a presumption of prosecution whenever there is sufficient evidence to bring offenders before a court on appropriate criminal charges and where a FBO is considered necessary. Other options, including a Conditional Caution, simple Caution or of a Penalty Notice for Disorder will only be offered in extremely exceptional circumstances. Juveniles may also be made the subject of a FBO and should not assume that their youth will work in their favour if they are prosecuted for football related offences.
Anyone receiving a FBO in the next two seasons will not be able to travel to support England or Wales if they qualify for the World Cup finals in South Africa in June and July 2010. Their FBO will also require them to surrender their passports and prevent them travelling anywhere abroad during the tournament. An FBO will also prevent them travelling to qualifying matches and following their club abroad to European games.
ACPO and the CPS work closely with other government departments, the Football Association (The FA) and supporter groups in a continuing effort to combat violence and disorder around football matches at home and abroad. They also work closely with colleagues in Scotland and Northern Ireland to provide consistency across all three jurisdictions in the United Kingdom. The FA and Football Supporters Federation (FSF) have been consulted in developing this policy.
Ultimately the onus is on each and every fan to play their part in making football a safe, secure event for all concerned. ACPO and the CPS wish to reassure decent football fans that their right to follow their teams in safety will be protected by this policy. ACPO and the CPS also wish to reassure members of the public who live and work close to football grounds that their right to carry on their lives and businesses free from football related crime will be protected by this policy.
| Ken MacDonald QC Director of Public Prosecutions |
Stephen Thomas Assistant Chief Constable ACPO Lead on Football Matters |