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Football Spectators Act 1989

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Commencement Orders bringing legislation that affects this Act into force:

22 Restriction orders arising out of offences outside England and Wales.E+W

(1)Her Majesty may, by Order in Council, specify offences (“corresponding offences”) under the law of any country outside England and Wales which appear to Her to correspond to any offence [F1to which Schedule 1 to this Act applies].

[F2(1A)For the purposes of subsection (1) above, an offence specified in an Order in Council under that subsection shall be regarded as corresponding to an offence [F1to which Schedule 1 to this Act applies] notwithstanding that any period specified in the Order is longer than any corresponding period specified in that Schedule.]

(2)Upon an information being laid before a justice of the peace for any area that a person who resides or is believed to reside in that area has been convicted of a corresponding offence in a country outside England and Wales, the justice may—

(a)issue a summons directed to that person requiring him to appear before a magistrates’ court for that area to answer to the information; or

(b)subject to subsection (3) below, issue a warrant to arrest that person and bring him before a magistrates’ court for that area.

(3)No warrant shall be issued under subsection (2) above unless the information is in writing and substantiated on oath.

(4)Where a person appears or is brought before a magistrates’ court in pursuance of subsection (2) above, the court, if satisfied that—

(a)he is ordinarily resident in England and Wales, and

(b)has been convicted in the country outside England and Wales of the corresponding offence,

may, unless it appears that the conviction is the subject of proceedings in a court of law in that country questioning the conviction, make [F3a banning order] in relation to him.

[F4(5)A magistrates’ court which has power to make an international football banning order in relation to a person shall be under a duty to make the order in relation to him if it is satisfied that there are reasonable grounds to believe that making the order would help to prevent violence or disorder at or in connection with [F5regulated football matches].

(5A)Where a magistrates’ court has power to make an international football banning order in relation to a person but does not do so, it shall state in open court that it is not satisfied that there are such reasonable grounds as are mentioned in subsection (5) above and give reasons why it is not satisfied.]

(6)In proceedings under subsection (4) above, the court shall have the like powers, including power to adjourn the proceedings and meanwhile to remand the defendant on bail (but not in custody), and the proceedings shall be conducted as nearly as may be in the like manner, as if the proceedings were the trial of an information for a summary offence.

(7)Any person aggrieved by the decision of a magistrates’ court making [F3a banning order] under this section may appeal to the Crown Court against the decision.

[F6(8)Sections 14E to 14J and 18 to 21 shall apply in relation to a person subject to a banning order under this section as they apply in relation to a person subject to a banning order made by a magistrates’ court under section 14A.]

[F7(9)An Order in Council under subsection (1) above relating to any country may include provision specifying the documentary form in which details are to be given of—

(a)the conviction of a person in that country of a corresponding offence,

(b)the nature and circumstances of the offence, and

(c)whether or not the conviction is the subject of proceedings in that country questioning it.

(10)A document in the form so specified—

(a)shall be admissible in any proceedings under this Part of this Act as evidence of the facts stated in it unless the contrary is proved, and

(b)shall be taken as such a document unless the contrary is proved.

(11)In proceedings against a person under this section, the facts stated in a document in the form so specified shall, on production of the document and proof that that person is the person whose conviction is set out in the document, be taken to be proved unless the contrary is proved.]

(12)Any statutory instrument containing an Order under subsection (1) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F2S. 22(1A) inserted (27.9.1999) by 1999 c. 21, ss. 5(2), 12(2) (with s. 12(3))

F3Words in s. 22 substituted (28.8.2000) by 2000 c. 25, s. 1(2), Sch. 2 para. 10; S.I. 2000/2125, art. 2

F4S. 22(5)(5A) substituted for s. 22(5) (27.9.1999) by 1999 c. 21, ss. 5(3), 12(2) (with s. 12(3))

F5Words in s. 22(5) substituted (28.8.2000) by 2000 c. 25, s. 1(2), Sch. 2 para. 11; S.I. 2000/2125, art. 2

F7S. 22(9)-(11) substituted (27.9.1999) by 1999 c. 21, ss. 5(5), 12(2) (with s. 12(3))

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