Football (Offences and Disorder) Act 1999

5 Offences outside England and Wales. E+W

(1) Section 22 of the 1989 Act (orders arising out of offences outside England and Wales) is amended as follows.

(2) After subsection (1) (power to specify offences which appear to correspond to any offence specified in Schedule 1) insert—

“(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 specified in Schedule 1 to this Act notwithstanding that any period specified in the Order is longer than any corresponding period specified in that Schedule.”

(3) For subsection (5) (order may not be made unless court satisfied that order would help prevent violence or disorder) substitute—

“(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 designated 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.”

F1 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) For subsections (9) to (11) (which make provision in relation to certificates as to the conviction of persons of corresponding offences outside England and Wales) substitute—

“(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.”

Textual Amendments

F1 S. 5(4) repealed (28.8.2000) by 2000 c. 25, s. 1, Sch. 3; S.I. 2000/2125, art. 2