Additional note: Availability of ancillary orders

The lists below identify offences covered in the MCSG for which particular ancillary orders are available.

In all cases, consult your legal adviser regarding available orders and their specific requirements and effects

Football banning orders – Football Spectators Act 1989, s.14A

Available on conviction of a ‘relevant offence’, listed in schedule 1 of the Football Spectators Act 1989. These include:

  • possession of alcohol or being drunk while entering/trying to enter ground – Sporting Events (Control of Alcohol etc) Act 1985, s.2;
  • disorderly behaviour – Public Order Act 1986, s.5 – committed: (a) during a period relevant to a football match (see below) at any premises while the offender was at, or was entering or leaving or trying to enter or leave, the premises; (b) on a journey to or from a football match and the court makes a declaration that the offence related to football matches; or (c) during a period relevant to a football match (see below) and the court makes a declaration that the offence related to that match;
  • any offence involving the use or threat of violence towards another person committed: (a) during a period relevant to a football match (see below) at any premises while the offender was at, or was entering or leaving or trying to enter or leave, the premises; (b) on a journey to or from a football match and the court makes a declaration that the offence related to football matches; or (c) during a period relevant to a football match (see below) and the court makes a declaration that the offence related to that match;
  • any offence involving the use or threat of violence towards property committed: (a) during a period relevant to a football match (see below)at any premises while the offender was at, or was entering or leaving or trying to enter or leave, the premises; (b) on a journey to or from a football match and the court makes a declaration that the offence related to football matches; or (c) during a period relevant to a football match (see below) and the court makes a declaration that the offence related to that match;
  • any offence involving the use, carrying or possession of an offensive weapon or firearm committed: (a) during a period relevant to a football match (see below) at any premises while the offender was at, or was entering or leaving or trying to enter or leave, the premises; (b) on a journey to or from a football match and the court makes a declaration that the offence related to football matches; or (c) during a period relevant to a football match (see below) and the court makes a declaration that the offence related to that match;
  • drunk and disorderly – Criminal Justice Act 1967, s.91(1) – committed on a journey to or from a football match and the court makes a declaration that the offence related to football matches;
  • driving/attempting to drive when unfit through drink or drugs – Road Traffic Act 1988, s.4 – committed on a journey to or from a football match and the court makes a declaration that the offence related to football matches;
  • in charge of a vehicle when unfit through drink or drugs – Road Traffic Act 1988, s.4 – committed on a journey to or from a football match and the court makes a declaration that the offence related to football matches;
  • driving/attempting to drive with excess alcohol – Road Traffic Act 1988, s.5 – committed on a journey to or from a football match and the court makes a declaration that the offence related to football matches;
  • in charge of a vehicle with excess alcohol – Road Traffic Act 1988, s.5 – committed on a journey to or from a football match and the court makes a declaration that the offence related to football matches;
  • any offence under the Football (Offences) Act 1991;
  • unauthorised sale of tickets – Criminal Justice and Public Order Act 1994, s.166.

The following periods are ‘relevant’ to a football match (Football Spectators Act 1989, Sch.1 para.4): (a) the period beginning: i. 24 hours before the start of the match; or ii. 24 hours before the time at which it is advertised to start; which ever is the earliest, and ending 24 hours after the end of the match; (b) where a match advertised to start at a particular time on a particular day is postponed to a later day, or does not take place, the period in the advertised day beginning 24 hours before and ending 24 hours after that time.

Forfeiture or suspension of personal liquor licence – Licensing Act 2003, s.129

Available on conviction of a ‘relevant offence’, listed in schedule 4 of the Licensing Act 2003.

These include:

  • an offence under the Licensing Act 2003;
  • an offence under the Firearms Act 1968;
  • theft – Theft Act 1968, s.1;
  • burglary – Theft Act 1968, s.9;
  • abstracting electricity – Theft Act 1968, s.13;
  • handling stolen goods – Theft Act 1968, s.22;
  • going equipped for theft – Theft Act 1968, s.25;
  • production of a controlled drug – Misuse of Drugs Act 1971, s.4(2);
  • supply of a controlled drug – Misuse of Drugs Act 1971, s.4(3);
  • possession of a controlled drug with intent to supply – Misuse of Drugs Act 1971, s.5(3);
  • evasion of duty – Customs and Excise Management Act 1979, s.170 (excluding s.170(1)(a));
  • driving/attempting to drive when unfit through drink or drugs – Road Traffic Act 1988, s.4;
  • in charge of a vehicle when unfit through drink or drugs – Road Traffic Act 1988, s.4;
  • driving/attempting to drive with excess alcohol – Road Traffic Act 1988, s.5;
  • in charge of a vehicle with excess alcohol – Road Traffic Act 1988, s.5;
  • unauthorised use of trade mark where the goods in question are or include alcohol – Trade Marks Act 1994, ss.92(1) and 92(2);
  • sexual assault – Sexual Offences Act 2003, s.3;
  • exploitation of prostitution – Sexual Offences Act 2003, ss.52 and 53;
  • exposure – Sexual Offences Act 2003, s.66;
  • voyeurism – Sexual Offences Act 2003, s.67;
  • a violent offence, being any offence which leads, or is intended or likely to lead, to death or to physical injury.

Sexual Harm Prevention Orders

Available in respect of an offence listed in schedule 3 or 5 of the Sexual Offences Act 2003.

These include:

  • possession of indecent photograph of a child – Criminal Justice Act 1988, s.160;
  • sexual assault – Sexual Offences Act 2003, s.3;
  • exposure – Sexual Offences Act 2003, s.66;
  • voyeurism – Sexual Offences Act 2003, s.67;
  • threats to kill – Offences against the Person Act 1861, s.16;
  • wounding/causing grievous bodily harm – Offences against the Person Act 1861, s.20;
  • assault with intent to resist arrest – Offences against the Person Act 1861, s.38;
  • assault occasioning actual bodily harm – Offences against the Person Act 1861, s.47;
  • burglary with intent to inflict grievous bodily harm or to do unlawful damage to a building/anything within it – Theft Act 1968, s.9;
  • arson – Criminal Damage Act 1971, s.1;
  • violent disorder – Public Order Act 1986, s.2;
  • affray – Public Order Act 1986, s.3;
  • harassment – conduct causing fear of violence – Protection from Harassment Act 1994, s.4;
  • racially or religiously aggravated wounding/causing grievous bodily harm – Crime and Disorder Act 1998, s.29;
  • racially or religiously aggravated assault occasioning actual bodily harm – Crime and Disorder Act 1998, s.29;
  • racially or religiously aggravated common assault – Crime and Disorder Act 1998, s.29;
  • racially or religiously aggravated threatening behaviour – Crime and Disorder Act 1998, s.31(1)(a);
  • racially or religiously aggravated disorderly behaviour with intent to cause harassment, alarm or distress – Crime and Disorder Act 1998, s.31(1)(b);
  • exploitation of prostitution – Sexual Offences Act 2003, ss.52 and 53.

Sexual Offences Act s106(14) provides that any conditions in Sch. 3 relating to the age of the offender or the victim, or the sentence imposed on the offender may be disregarded in making a Sexual Offences Prevention Order and Sexual Offences Act s103B (9) contains the same provision in respect of Sexual Harm Prevention Orders.