Introduction to Football Crime
Football criminal law in England and Wales encompasses a range of offences and legal measures aimed at addressing forms of misconduct associated with football matches. The framework consists of a combination of specific offences, stringent sentencing guidelines, and the use of Football Banning Orders (FBOs). This framework is enforced through collaboration between the CPS, police, and other authorities.
Football-Related Offences
Types of Offences:
Violent and Disorderly Conduct: This includes offences such as affray, violent disorder, and public order offences committed in connection with football matches.
Hate Crimes: Racist or indecent chanting and other forms of discriminatory abuse are prosecutable offences.
Alcohol-Related Offences: Possession of alcohol at certain times and places, being drunk at a match, and attempting to enter a ground while drunk are offences under the Sporting Events (Control of Alcohol etc.) Act 1985
Ticket Touting: The unauthorised sale or attempted sale of tickets is an offence under the Criminal Justice and Public Order Act 1994.
Sentencing Guidelines:
The Sentencing Council provides guidelines for Magistrates’ Courts on how to handle football-related offences. Sentences can range from conditional discharges to high-level community orders through to custody in the most serious cases of disorder, depending on the severity and circumstances of the offence.
Football Banning Orders (FBOs)
Football Banning Orders can prevent you from attending football matches for a number of years, but they can only be imposed if you are found guilty. Effective legal representation can prevent you being found guilty and avoid a banning order.
Even if you are convicted of a related offence, representations can still be made that a Football Banning Order should not be made.
Effective legal representation can also help you avoid a prison sentence if convicted of a serious offence.
Purpose and Application
FBOs are civil orders designed to prevent individuals who have engaged in football-related violence or disorder from attending regulated football matches. They can be imposed following a conviction or through a standalone application by the police or Crown Prosecution Service (CPS).
Duration and Conditions
FBOs can last between 3 and 10 years. They may include conditions such as surrendering passports during control periods for overseas matches and reporting to a police station.
Enforcement and Breach
Breaching an FBO is a criminal offence, punishable by up to 6 months in prison, an unlimited fine, or both. The Football Banning Orders Authority (FBOA) manages and enforces these orders.
Legislation
The Football Spectators Act 1989 and the Football Offences Act 1991 form the backbone of football criminal law. These acts define relevant offences and provide the legal basis for FBOs.
Prosecution Guidance
The CPS and police work closely to prosecute football-related offences. Dedicated Football Officers within police forces and the UK Football Policing Unit play key roles in enforcement and prosecution.
Statistical Monitoring
The Home Office publishes annual statistics on football-related arrests and banning orders, helping to monitor trends and inform policy decisions.
Types of Offences Leading to FBOs
Public Order Offences
Offences such as racially aggravated public order offences and possession of alcohol while entering or trying to enter a ground can lead to FBOs.
Other Relevant Offences
Offences under the Malicious Communications Act 1988 and the Crime and Disorder Act 1998, when related to football, can also result in FBOs.
Recent Developments
Record Banning Orders
In the last season, a record 197 football banning orders were issued to fans in London, with many barred from traveling to Germany for Euro 2024. This includes 52 for public order offences and 51 for possession of Class A drugs.
Passport Surrender
More than 1,600 fans with banning orders were required to surrender their passports to prevent them from attending Euro 2024 in Germany.
Sources: cps.gov.uk, sentencingcouncil.org.uk, bbc.co.uk, news.sky.com