Football Banning Orders

At Olliers, we deal with a wide variety of incidents that take place at or related to football matches which may ultimately lead to the imposition of a Football Banning Order. We appreciate that for many people, football may be a hugely important part of life so the consequences of any order made can be devastating.

In 2022, the law changed in respect of Football Banning Orders and when they are to be imposed, creating a much more stringent test that will likely see more orders becoming commonplace following convictions for relevant offences.

Test for Football Banning Orders

For offences committed before 29 June 2022, a Football Banning Order would be imposed if the court was satisfied there are reasonable grounds to believe that making such an order would help prevent violence or disorder at or in connection with any regulated football matches.

For offences committed on or after 29 June 2022, the court must now impose a Football Banning Order in addition to any sentence or conditional discharge unless it considers that there are particular circumstances relating to the offence or to the offender which would make it unjust in all the circumstances to do so, as per section 14A(1) and (2) of the Football Spectators Act 1989.

The starting point is that now, an order must be imposed. The change in the applicable test means that more likely than not, a Football Banning Order will be imposed as the burden now shifts to the defence to prove it would otherwise be unjust to impose.

What may be considered ‘unjust’?

The higher courts have yet to consider what may be considered ‘unjust’ in respect of whether a football banning order should be imposed, nor is there any legislative definition as to what may be ‘unjust’.

The courts are still likely to consider whether the order would prevent disorder or violence although now this is not the key factor. Most offences that would be committed at a football match are related to some form of disorderly conduct so even if no disorderly conduct is proven, the courts are still entitled to impose an order.

The courts will need to be presented with strong evidence in respect of both the offence and offender to demonstrate that an order would be unjust to impose, this may include impact on work or travel if there is anything to suggest the order would interfere with this.

When may a ban be imposed?

Schedule 1 of the Football Spectators Act lists every offence which allows the prosecution to seek the imposition of a Football Banning Order on conviction. These include:

• Possession of alcohol or being drunk whilst entering/trying to enter grounds;
• Public order offences such as affray or using threatening words to cause offence;
• Malicious Communication offences where the court declares the offence is related to a football match;
• Any offence involving the use or threat of violence whilst at or attempting to enter grounds/on a journey to or from a football match

How long will a Football Banning Order last?

An order will be made for a minimum 3-year period, up to a maximum of 5-years, unless a term of immediate imprisonment in which the minimum term will be 6-years, up to a maximum of 10-years.

What conditions can the order include?

The most common condition is to prevent a person from attending regulated football matches, both at home and abroad. This may also involve the police asking for passports to be surrendered as part of the order.

Additionally, the order can restrict people from attending specific areas, such as public houses or from entering certain boundaries when matches are being played.

Anyone subject to an order must self-report to the police station within 5 days of the order being imposed in order to meet with their offender manager who will be their point of contact for the duration of the order.

Removal of Football Banning Orders

Once two-thirds of the order has passed, it is possible to apply to the Magistrates’ Court to have an order terminated early. The court will have regard to the details of the original offence that led to conviction, and the applicant’s character and conduct whilst the order has been in place, and any other circumstances that appear to be relevant.

How can Olliers help?

If you face an allegation arising out of a football related matter Olliers specialist football offence solicitors may very well be able to assist you. Whether you are due to attend the police station, have already been interviewed by the police or are to appear in court we can provide robust advice and first-class representation.