Football related offences (Revised 2017)
Triable only summarily
Maximum:
Level 2 fine (being drunk in ground)
Level 3 fine (throwing missile; indecent or racist chanting; going onto prohibited areas)
Unlimited fine (unauthorised sale of tickets)
Level 3 fine and/or 3 months (possession of alcohol)
Offence range:
Conditional discharge – High level community order (possession of alcohol)
Conditional discharge – Band C fine (all other offences)
Step 1 – Determining the offence category
The Court should determine the offence category using the table below.
Category 1 Higher culpability and greater harm
Category 2 Higher culpability and lesser harm or lower culpability and greater harm
Category 3 Lower culpability and lesser harm
The court should determine the offender’s culpability and the harm caused with reference only to the factors below. Where an offence does not fall squarely into a category, individual factors may require a degree of weighting before making an overall assessment and determining the appropriate offence category.
CULPABILITY demonstrated by one or more of the following:
Factors indicating higher culpability
- Deliberate or flagrant action
- Disregard of warnings
- Commercial operation
- Inciting others
- (Possession of ) Large quantity of alcohol
- Targeted abuse
Factors indicating lower culpability
- All other cases
Step 2 – Starting point and category range
Having determined the category at step one, the court should use the starting point to reach a sentence within the appropriate category range in the table below. The starting point applies to all offenders irrespective of plea or previous convictions.
| Offence Category | Starting Point | Range |
| Category 1 | Band C fine | Band C fine |
| Category 2 | Band B fine | Band A fine – Band C fine |
| Category 3 | Band A fine | Conditional discharge – Band B fine |
Possession of alcohol only
| Offence Category | Starting Point | Range |
| Category 1 | Band C fine | Band C fine – High level community order |
| Category 2 | Band B fine | Band A fine -Band C fine |
| Category 3 | Band A fine | Conditional discharge – Band B fine |
| Starting point | Range | |
|---|---|---|
| Fine Band A | 50% of relevant weekly income | 25 – 75% of relevant weekly income |
| Fine Band B | 100% of relevant weekly income | 75 – 125% of relevant weekly income |
| Fine Band C | 150% of relevant weekly income | 125 – 175% of relevant weekly income |
| Fine Band D | 250% of relevant weekly income | 200 – 300% of relevant weekly income |
| Fine Band E | 400% of relevant weekly income | 300 – 500% of relevant weekly income |
| Fine Band F | 600% of relevant weekly income | 500 – 700% of relevant weekly income |
The seriousness of the offence should be the initial factor in determining which requirements to include in a community order. Offence-specific guidelines refer to three sentencing levels within the community order band based on offence seriousness (low, medium and high). See below for non-exhaustive examples of requirements that might be appropriate in each.
At least one requirement MUST be imposed for the purpose of punishment and/or a fine imposed in addition to the community order unless there are exceptional circumstances which relate to the offence or the offender that would make it unjust in all the circumstances to do so. For further information see the Imposition guideline.
A suspended sentence MUST NOT be imposed as a more severe form of community order. A suspended sentence is a custodial sentence.
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Low |
Medium |
High |
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Offences only just cross community order threshold, where the seriousness of the offence or the nature of the offender’s record means that a discharge or fine is inappropriate In general, only one requirement will be appropriate and the length may be curtailed if additional requirements are necessary |
Offences that obviously fall within the community order band |
Offences only just fall below the custody threshold or the custody threshold is crossed but a community order is more appropriate in the circumstances More intensive sentences which combine two or more requirements may be appropriate |
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Suitable requirements might include:
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Suitable requirements might include:
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Suitable requirements might include:
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* If order does not contain a punitive requirement, suggested fine levels are indicated below: |
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BAND A FINE |
BAND B FINE |
BAND C FINE |
The court should then consider adjustment for any aggravating or mitigating factors. The following is a non-exhaustive list of additional factual elements providing the context of the offence and factors relating to the offender. Identify whether any combination of these, or other relevant factors, should result in an upward or downward adjustment from the sentence arrived at so far.
Factors increasing seriousness
Statutory aggravating factors
- Previous convictions, having regard to a) the nature of the offence to which the conviction relates and its relevance to the current offence; and b) the time that has elapsed since the conviction
- Offence committed whilst on bail
- Offence motivated by, or demonstrating hostility based on any of the following characteristics or presumed characteristics of the owner/keeper of the animal: religion, race, disability, sexual orientation or transgender identity
Other aggravating factors
- Presence of children
- Offence committed on licence or post sentence supervision
Factors reducing seriousness or reflecting personal mitigation
- Remorse
- Admissions to police in interview
- Ready co-operation with authorities
- Minimal disturbance caused
- No previous convictions or no relevant/recent convictions
- Good character and/or exemplary conduct
- Age and/or lack of maturity where it affects the responsibility of the offender
- Mental disorder or learning disability
Step 3 – Consider any factors which indicate a reduction, such as assistance to the prosecution
The court should take into account sections 73 and 74 of the Serious Organised Crime and Police Act 2005 (assistance by defendants: reduction or review of sentence) and any other rule of law by virtue of which an offender may receive a discounted sentence in consequence of assistance given (or offered) to the prosecutor or investigator.
Step 4 – Reduction for guilty pleas
The court should take account of any potential reduction for a guilty plea in accordance with section 144 of the Criminal Justice Act 2003 and the Guilty Plea guideline.
Step 5 – Totality principle
If sentencing an offender for more than one offence, or where the offender is already serving a sentence, consider whether the total sentence is just and proportionate to the overall offending behaviour in accordance with the Offences Taken into Consideration and Totality guideline.
Step 6 – Compensation and ancillary orders
In all cases, the court should consider whether to make compensation and/or other ancillary orders, including a football banning order.
Step 7 – Reasons
Section 174 of the Criminal Justice Act 2003 imposes a duty to give reasons for, and explain the effect of, the sentence.