How to appeal a football banning order

17 Feb

Written By HC

Appealing a Football Banning Order (FBO) in the United Kingdom involves specific legal procedures, depending on whether you seek to challenge the initial imposition of the order or apply for its early termination.

Appealing the Imposition of an FBO

If you believe a Football Banning Order was unjustly imposed, you have the right to appeal:

Appeal to the Crown Court: If the FBO was issued by a Magistrates' Court, you can appeal to the Crown Court. The appeal notice must be served within 21 business days following the court's decision.
Appeal to the Court of Appeal: For orders made by higher courts, an appeal can be lodged with the Court of Appeal. This requires either permission from the Court of Appeal or a certificate from the original judge indicating the decision is fit for appeal. The appeal notice must be served within 28 days of the decision.

Applying for Early Termination of an FBO

To request the early termination of an existing FBO

Eligibility: You can apply after serving at least two-thirds of the order's duration. For example, with a three-year ban, an application is permissible after two years.
Application Process: Applying to terminate an order early involves an application to the court where the order was made having advised the CPS and seeking the view of the Football Officer. The Football Banning Orders Authority will also be notified.
Appeals to the Court of Appeal from the Crown Court have a time limit of 28 days and Judge needs to grant a certificate for the appeal

Factors Considered by the Court

The court will evaluate various aspects, including:

Character and Conduct: Your behaviour since the order was imposed.
Nature of Original Offence: The circumstances surrounding the initial incident.
Compliance: Adherence to the order's terms during its enforcement.

Engaging legal representation is essential to ensure that the authorities follow the correct procedures and your case is made as effectively as possible.

https://www.cps.gov.uk/legal-guidance/football-related-offences-and-football-banning-orders