Football Spectators Act 1989

23 Further provision about, and appeals against, declarations of relevance. E+W

(1) Subject to subsection (2) below, a court may not make a declaration of relevance as respects any offence unless it is satisfied that the prosecutor gave notice to the defendant, at least five days before the first day of the trial, that it was proposed to show that the offence [F1 —

(a) related to football matches,

(b) related to a particular football match or to particular football matches,

(c) related to a football organisation, or

(d) related to a person whom the defendant knew or believed to have a prescribed connection with a football organisation,

as the case may be.]

(2) A court may, in any particular case, make a declaration of relevance notwithstanding that notice to the defendant as required by subsection (1) above has not been given if he consents to waive the giving of full notice or the court is satisfied that the interests of justice do not require more notice to be given.

(3) A person convicted of an offence as respects which the court makes a declaration of relevance may appeal against the making of the declaration of relevance as if the declaration were included in any sentence passed on him for the offence, and accordingly—

(a) in section 10(3) of the M1 Criminal Appeal Act 1968 (appeals against sentence by Crown Court), in paragraph (c), after the sub-paragraph (iv) inserted by section 15(7) above there shall be inserted “or

(v) a declaration of relevance under the Football Spectators Act 1989;”;

(b) in section 50(1) of that Act (meaning of “sentence”), at the end there shall be inserted the words “ ;and a declaration of relevance under the Football Spectators Act 1989 ”; and

(c) in section 108(3) of the M2 Magistrates’ Courts Act 1980 (right of appeal to the Crown Court), at the end there shall be inserted the words “ and also includes a declaration of relevance under the Football Spectators Act 1989. ”

(4) [F2 A banning order] made upon a person’s conviction of a relevant offence shall be quashed if the making of a declaration of relevance as respects that offence is reversed on appeal.

[F3 (5) In this section “declaration of relevance” means a declaration by a court for the purposes of Schedule 1 to this Act that an offence [F4 —

(a) related to football matches,

(b) related to one or more particular football matches,

(c) related to a football organisation, or

(d) related to a person whom the defendant knew or believed to have a prescribed connection with a football organisation.]]

Textual Amendments

F1 S. 23(1)(a)-(d) and words substituted for words (28.4.2022 for specified purposes, 29.6.2022 in so far as not already in force) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 190(10), 208(4)(y) (with s. 190(12)); S.I. 2022/520, reg. 6(a)

F2 Words in s. 23(4) substituted (28.8.2000) by 2000 c. 25, s. 1(2), Sch. 2 para. 10; S.I. 2000/2125, art. 2

F3 S. 23(5) inserted (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), s. 66(2), Sch. 3 para. 12; S.I. 2007/858, art. 2(k)

F4 S. 23(5)(a)-(d) substituted for words (28.4.2022 for specified purposes, 29.6.2022 in so far as not already in force) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 190(11), 208(4)(y) (with s. 190(12)); S.I. 2022/520, reg. 6(a)

Modifications etc. (not altering text)

C1 S. 23(1)-(3) applied (27.9.1999) by 1986 c. 64, s. 31(2)(3) (as substituted (27.9.1999) by 1999 c. 21, ss. 7(1), 12(2) (with s. 12(3))

Marginal Citations

M1 1968 c. 19.

M2 1980 c. 43.