What is a Football Banning Order?
Football Banning Orders (FBOs) are legal measures designed to prevent individuals accused or convicted of being involved in football-related disorder from attending football matches.
An FBO is a civil order issued by a Magistrates' Court to prevent individuals attending regulated football matches. Regulated matches include professional and semi-professional games recognised by the Football Association (FA), both in the UK and abroad.
FBOs can be imposed with or without a conviction, following a football-related offence or upon application by the police or Crown Prosecution Service (CPS).
FBOs are governed by the Football Spectators Act 1989, which has been amended over time to expand its scope. Since 1989, stricter conditions have been introduced, including geographical restrictions and mandatory passport surrender for international matches. Following the Euro 2020 final disorder, courts now presume an FBO should be imposed for football-related offences unless it would be "unjust" in specific circumstances. This marked a shift towards stricter enforcement.
Given the broad scope of FBOs, and that they can be imposed with or without a criminal conviction, it is essential that you seek legal advice as soon as you are accused of a football-related offence.
Why does a football ban get imposed?
FBOs can be issued for various offences, including:
Public Order Offences: Acts of violence or disorder in connection with a football match.
Alcohol-Related Offences: Possession of alcohol or being drunk while entering or attempting to enter a football ground.
Hate Crimes: Racially or religiously aggravated offences related to football.
How long is a football ban and what are the conditions?
The duration of an FBO depends on whether the offender received a custodial sentence:
Without Imprisonment: Minimum of 3 years and maximum of 5 years.
With Imprisonment: Minimum of 6 years and maximum of 10 years.
Conditions attached to FBOs vary but can include:
1. Attendance Prohibition: A ban from attending any regulated football match in the UK.
2. Travel Restrictions: Surrendering passports during international matches or tournaments.
3. Geographical Limits: Prohibition from entering certain areas around stadiums or towns before and after matches.
4. Reporting Requirements: Mandating attendance at police stations during match times.
Failure to comply with these conditions is a criminal offence punishable by up to six months in prison.
The conditions of an FBO are often sweeping and draconian, but effective legal representation can maximise your chances of challenging or reducing them.
How are football bans imposed and enforced?
Courts must issue an FBO if:
- The offender has been convicted of a relevant offence listed under Schedule 1 of the Football Spectators Act 1989.
- The court believes that imposing the order would help prevent future violence or disorder at football matches.
For non-conviction cases, police must demonstrate reasonable grounds that an FBO would reduce risks associated with football-related incidents.
The enforcement of FBOs involves collaboration between multiple agencies:
1. Football Banning Orders Authority (FBOA): Maintains a central register of all active FBOs and ensures compliance through coordination with local police forces.
2. Dedicated Football Officers (DFOs): Monitor individuals subject to FBOs and manage intelligence related to football-related offences.
3. Police Presence: Officers enforce geographical restrictions and monitor compliance during match days.
FBOs are strictly enforced through cooperation between multiple agencies. The complexity and consequences associated with this mean that legal advice is required to navigate these issues.
What criticisms have been made of football bans?
FBOs have been criticised for being disproportionate, as they are draconian punishments for often minor offences, such as ticket touting or public drunkenness.
FBOs can be overly punitive and may infringe on individual rights. One major concern is the potential for FBOs to be issued without a criminal conviction, based solely on police applications.
The broad conditions imposed by FBOs, such as travel restrictions and exclusion zones, can significantly impact an individual's personal and professional life.
See our FAQs for more on football banning orders, including appeals and travel issues.
Sources: gov.uk, glos.ac.uk, manchester.ac.uk, 18sjs.com, cps.gov.uk, sentencingcouncil.org.uk