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Introduced under Section 14 of the Football Spectators Act 1989, Football Banning Orders (FBOs) aim to prevent football hooliganism by banning individuals engaging in particular behaviours from attending football matches. An FBO is a civil order and may not result from a criminal offence, leading to confusion over their legality.
This article will discuss the legality of FBOs, alongside the potential for a defence or appeal of an FBO charge. If you have a case that you think we can help with, contact our team via 0203 007 5500 or [email protected].
The impact of Football Banning Orders (FBOs) on football fans.
The impact of FBOs on football fans has been a topic of debate since their introduction. While they intend to prevent hooliganism, they can also prevent law-abiding fans from attending matches. This can have negative impacts on match atmospheres, potentially leading to declines in attendances.
Furthermore, the imposition of a football ban can have significant consequences for an individual’s personal and professional life. For example, an FBO may prevent an individual from travelling to their workplace, or from attending family events that happen to take place near a football stadium.
It is important that the use of FBOs is carefully considered to ensure that they are not having a disproportionate impact on individuals who have not been convicted of any criminal offence.
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Defending Football Banning Orders.
If convicted of a football-related offence, the court will issue an FBO. Typical football related offences consist of:
- Public disorder
- Violent disorder
- Pitch invasion
- Throwing missiles
- Alcohol offences
To issue a football related ban the court must believe that there are reasonable grounds to believe that the individual’s behaviour at football matches posed a risk to public safety. However, it is possible for the Defendant to contest an FBO.
The individual may argue that the ban is not necessary or proportionate, or that they have not engaged in any behaviour that would justify the imposition of the ban. It is also arguable that receiving an FBO is a violation of human rights with the Court of Appeal – stating that they place a restriction on an individual’s right to a private life, liberty, and security.
Appealing Football Banning Orders.
If a defendant receives an FBO, they are entitled to appeal against that decision to the Crown Court within 21 days of receiving it.
They can present several different arguments against the ban, namely they can argue that the FBO is not necessary or proportionate, or that there is no evidence to support the introduction of the banning order.
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Alternatives to Football Banning Orders.
Despite the importance of FBOs, there is an argument that alternative methods may be able to achieve similar results, without infringing on individual’s human rights.
For example, increasing policing and surveillance at football matches or developing education and outreach programs to address the underlying causes of football hooliganism. The implementation of these alternatives alongside FBOs would ensure the most effective and fair methods are used in tackling football-related violence.
Conclusion.
In conclusion, while FBOs are an important tool in preventing football-related offences, however their implementation must be careful and proportionate.
Individuals facing an FBO should seek legal advice and consider defending or appealing against it if they believe it is not necessary or proportionate. Implementations of alternatives to FBOs offer potentially fairer and more effective methods to prevent hooliganism and may be impactful alongside FBOs.
The review of FBOs by the UK government is a positive development, and it is important that the use of FBOs is regularly reviewed to ensure that they are being used in a fair and proportionate manner. However, individuals who are facing a banning order should consult a solicitor and understand their rights, how to appeal or defend it and the merits of doing so.
How can Britton and Time Solicitors help?
We know how confusing and stressful a football banning order can be. That’s why our initial consultations with our criminal law solicitors offer you:
- Unlimited time to go through the details of your case and ask any questions you may have
- An overview of your legal standpoint and your available options
- A precise time and fee estimate for your case
To arrange your initial consultation with one of our solicitors, simply call us on 020 3007 5500.
Good evening, I may be facing a football banning order for “throwing a missile” (a ticket stub) and I also had altercation with a steward. I’m a season ticket holder at Luton town FC I have been going 23 years and have never been in any trouble, is there anyway you can help me as I will be lost without being able to go.
Best regards Aaron ponselet