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Football Spectators Act 1989

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Commencement Orders bringing legislation that affects this Act into force:

[F114C Banning orders: supplementary.E+W

(1)In this Part, “violence” means violence against persons or property and includes threatening violence and doing anything which endangers the life of any person.

(2)In this Part, “disorder” includes—

(a)stirring up hatred against a group of persons defined by reference to colour, race, nationality (including citizenship) or ethnic or national origins, or against an individual as a member of such a group,

(b)using threatening, abusive or insulting words or behaviour or disorderly behaviour,

(c)displaying any writing or other thing which is threatening, abusive or insulting.

(3)In this Part, “violence” and “disorder” are not limited to violence or disorder in connection with football.

(4)The magistrates’ court may take into account the following matters (among others), so far as they consider it appropriate to do so, in determining whether to make an order under section 14B above—

(a)any decision of a court or tribunal outside the United Kingdom,

(b)deportation or exclusion from a country outside the United Kingdom,

(c)removal or exclusion from premises used for playing football matches, whether in the United Kingdom or elsewhere,

(d)conduct recorded on video or by any other means.

(5)In determining whether to make such an order—

(a)the magistrates’ court may not take into account anything done by the respondent before the beginning of the period of ten years ending with the application under section 14B(1) above, except circumstances ancillary to a conviction,

(b)before taking into account any conviction for a relevant offence, where a court made a statement under section 14A(3) above (or section 15(2A) below or section 30(3) of the M1Public Order Act 1986), the magistrates’ court must consider the reasons given in the statement,

and in this subsection “circumstances ancillary to a conviction” has the same meaning as it has for the purposes of section 4 of the M2Rehabilitation of Offenders Act 1974 (effect of rehabilitation).

(6)Subsection (5) does not prejudice anything in the M3Rehabilitation of Offenders Act 1974.]

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Amendments (Textual)

F1Pt. II heading, cross-headings and ss. 14-14J substituted for cross-headings and ss. 14-17 (28.8.2000) by 2000 c. 25, s. 1(1), Sch. 1 para. 2; S.I. 2000/2125, art. 2

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