| May be made by | A magistrates’ court or the Crown Court |
| Relevant legislation | Football Spectators Act 1989, Part II |
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Availability
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Where a person is convicted of a relevant offence the court must make a banning order in respect of the offender unless the court 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. |
| Relevant Offences | A “relevant offence” is one listed in Schedule 1.
Some offences become relevant if the offence is committed during a period ‘relevant’ to a football match. 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; whichever 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. |
| Considerations | For the purpose of deciding whether to make an order under this section the court may consider evidence led by the prosecution and the defence.
It is immaterial whether the evidence would have been admissible in the proceedings in which the offender was convicted. A banning order made on conviction must be made: (a) in addition to a sentence imposed in respect of the relevant offence, or (b) in addition to an order discharging the offender conditionally. |
| The Order | On making a banning order the court must, in ordinary language, explain its effect to the subject of the order. |
| Content of the order |
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| Notification | A banning order must require the person subject to the order to give notification of any of the following events (as set out in section 14E(2B):
(a) a change of any of his names (b) the first use by him after the making of the order of a name for himself that was not disclosed by him at the time of the making of the order (c) a change of his home address (d) his acquisition of a temporary address (e) a change of his temporary address or his ceasing to have one (f) his becoming aware of the loss of his passport (g) receipt by him of a new passport (h) an appeal made by him in relation to the order (i) an application made by him under section 14H(2) for termination of the order (j) an appeal made by him under section 23(3) against the making of a declaration of relevance in respect of an offence of which he has been convicted. A notification required by a banning order must be given before the end of the period of seven days beginning with the day on which the event in question occurs and
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| Length of the order
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Where the order is in addition to a sentence of imprisonment taking immediate effect, the maximum is ten years, and the minimum is six years. “Imprisonment” includes any form of detention.
In any other case, the maximum is five years, and the minimum is three years. |
| Adjournments | The court may adjourn hearing the application for a football banning order until after the offender has been sentenced for the offence.
If the offender fails to appear on the adjourned date, the court has the power to further adjourn or issue a warrant for the offender’s arrest. |
| Notice | The prosecutor must serve a notice of intention to apply for a football banning order as soon as practicable (Criminal Procedure Rule 31.3) |
| Reasons | The court is required to give reasons if it decides not to make an order. |
| Consequences of Breach | Breach of a football banning order is a criminal, maximum penalty six months custody, or a fine not exceeding level 5 on the standard scale, or both.
Breach offences (other) – Sentencing (sentencingcouncil.org.uk) |