F44Part II Regulated football matches
F2Preliminary
Pt. 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
F114 Main definitions.
1
This section applies for the purposes of this Part.
2
“Regulated football match” means an association football match (whether in F88the United Kingdom or elsewhere) which is a prescribed match or a match of a prescribed description.
3
“External tournament” means a football competition which includes regulated football matches outside F89the United Kingdom.
4
“Banning order” means an order made by the court under this Part which—
a
in relation to regulated football matches in F90the United Kingdom, prohibits the person who is subject to the order from entering any premises for the purpose of attending such matches, and
b
in relation to regulated football matches outside F90the United Kingdom, requires that person to report at a police station in accordance with this Part.
5
“Control period”, in relation to a regulated football match outside F91the United Kingdom, means the period—
a
beginning five days before the day of the match, and
b
ending when the match is finished or cancelled.
C4C5C10C116
“Control period”, in relation to an external tournament, means any period described in an order made by the Secretary of State—
C6a
beginning five days before the day of the first football match outside F92the United Kingdom which is included in the tournament, and
b
ending when the last football match outside F92the United Kingdom which is included in the tournament is finished or cancelled,
but, for the purposes of paragraph (a), any football match included in the qualifying or pre-qualifying stages of the tournament is to be left out of account.
7
References to football matches are to football matches played or intended to be played.
8
“Relevant offence” means an offence to which Schedule 1 to this Act applies.
F12Banning orders
Pt. 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
F314A Banning orders made on conviction of an offence.
1
This section applies where a person (the “offender”) is convicted of a relevant offence.
2
If the court is satisfied that there are reasonable grounds to believe that making a banning order would help to prevent violence or disorder at or in connection with any regulated football matches, it must make such an order in respect of the offender.
3
If the court is not so satisfied, it must in open court state that fact and give its reasons.
F583A
For the purpose of deciding whether to make an order under this section the court may consider evidence led by the prosecution and the defence.
3B
It is immaterial whether evidence led in pursuance of subsection (3A) would have been admissible in the proceedings in which the offender was convicted.
4
A banning order may only be made under this section—
a
in addition to a sentence imposed in respect of the relevant offence, or
b
in addition to an order discharging him conditionally.
F684A
The court may adjourn any proceedings in relation to an order under this section even after sentencing the offender.
4B
If the offender does not appear for any adjourned proceedings, the court may further adjourn the proceedings or may issue a warrant for his arrest.
F704BA
If the court adjourns or further adjourns any proceedings under subsection (4A) or (4B), the court may remand the offender.
4BB
A person who, by virtue of subsection (4BA), is remanded on bail may be required by the conditions of his bail—
a
not to leave England and Wales before his appearance before the court, and
b
if the control period relates to a regulated football match outside the United Kingdom or to an external tournament which includes such matches, to surrender his passport to a police constable, if he has not already done so.
4C
5
A banning order may be made as mentioned in subsection (4)(b) above in spite of anything in sections 12 and 14 of the Powers of the Criminal Courts (Sentencing) Act 2000 (which relate to orders discharging a person absolutely or conditionally and their effect).
F695A
The prosecution has a right of appeal against a failure by the court to make a banning order under this section—
a
where the failure is by a magistrates' court, to the Crown Court; and
b
where it is by the Crown Court, to the Court of Appeal.
5B
An appeal under subsection (5A)(b) may be brought only if the Court of Appeal gives permission or the judge who decided not to make an order grants a certificate that his decision is fit for appeal.
5C
An order made on appeal under this section (other than one directing that an application be re-heard by the court from which the appeal was brought) is to be treated for the purposes of this Part as if it were an order of the court from which the appeal was brought.
6
In this section, “the court” in relation to an offender means—
a
the court by or before which he is convicted of the relevant offence, or
b
if he is committed to the Crown Court to be dealt with for that offence, the Crown Court.
F4C114B Banning orders made on a complaint.
F751
An application for a banning order in respect of any person may be made by—
a
the relevant chief officer, or
b
the Director of Public Prosecutions,
if it appears to him that the condition in subsection (2) is met.
F731A
In subsection (1) “the relevant chief officer” means—
a
the chief officer of police of any police force maintained for a police area; or
b
the chief constable of the British Transport Police Force.
2
That condition is that the respondent has at any time caused or contributed to any violence or disorder in the United Kingdom or elsewhere.
3
The application is to be made by complaint to a magistrates’ court.
4
If—
a
it is proved on the application that the condition in subsection (2) above is met, and
b
the court is satisfied that there are reasonable grounds to believe that making a banning order would help to prevent violence or disorder at or in connection with any regulated football matches,
the court must make a banning order in respect of the respondent.
F745
If the magistrates' court adjourns proceedings on an application under this section, the court may remand the person in respect of whom the application is made.
6
A person who, by virtue of subsection (5) above, is remanded on bail under section 128 of the Magistrates' Courts Act 1980 may be required by the conditions of his bail—
a
not to leave England and Wales before his appearance before the court, and
b
if the control period relates to a regulated football match outside the United Kingdom or to an external tournament which includes such matches, to surrender his passport to a police constable, if he has not already done so.
F514C Banning orders: supplementary.
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.
F614D Banning orders made on a complaint: appeals.
1
An appeal lies to the Crown Court against the making by a magistrates’ court of a banning order under section 14B above.
F761A
An appeal lies to the Crown Court against the dismissal by a magistrates' court of an application for the making of a banning order under section 14B above.
2
On F77an appeal under this section the Crown Court—
a
may make any orders necessary to give effect to its determination of the appeal, and
b
may also make any incidental or consequential orders which appear to it to be just.
3
An order of the Crown Court made on an appeal under this section (other than one directing that an application be re-heard by a magistrates’ court) is to be treated for the purposes of this Part as if it were an order of the magistrates’ court from which the appeal was brought.
F714E Banning orders: general.
1
On making a banning order, a court must in ordinary language explain its effect to the person subject to the order.
2
A banning order must require the person subject to the order to report initially at a police station F93... specified in the order within the period of five days beginning with the day on which the order is made.
F782A
A banning order must require the person subject to the order to give notification of the events mentioned in subsection (2B) to the enforcing authority.
2B
The events are—
a
a change of any of his names;
b
the first use by him after the making of the order of a name for himself that was not disclosed by him at the time of the making of the order;
c
a change of his home address;
d
his acquisition of a temporary address;
e
a change of his temporary address or his ceasing to have one;
f
his becoming aware of the loss of his F99passport ;
g
receipt by him of a new F99passport ;
h
an appeal made by him in relation to the order;
i
an application made by him under section 14H(2) for termination of the order;
j
an appeal made by him under section 23(3) against the making of a declaration of relevance in respect of an offence of which he has been convicted.
2C
A notification required by a banning order by virtue of subsection (2A) must be given before the end of the period of seven days beginning with the day on which the event in question occurs and—
a
in the case of a change of a name or address or the acquisition of a temporary address, must specify the new name or address;
b
in the case of a first use of a previously undisclosed name, must specify that name; and
3
F814
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
In the case of a person detained in legal custody—
a
the requirement under this section to report at a police station, and
b
any requirement imposed under section 19 below,
is suspended until his release from custody.
6
If—
a
he is released from custody more than five days before the expiry of the period for which the order has effect, and
b
he was precluded by his being in custody from reporting initially,
the order is to have effect as if it required him to report initially at the police station specified in the order within the period of five days beginning with the date of his release.
F1047
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F798
In this section—
“declaration of relevance” has the same meaning as in section 23;
“home address”, in relation to any person, means the address of his sole or main residence;
“loss” includes theft or destruction;
“new” includes replacement;
“temporary address”, in relation to any person, means the address (other than his home address) of a place at which he intends to reside, or has resided, for a period of at least four weeks.
F814F Period of banning orders.
1
Subject to the following provisions of this Part, a banning order has effect for a period beginning with the day on which the order is made.
2
The period must not be longer than the maximum or shorter than the minimum.
3
Where the order is made under section 14A above in addition to a sentence of imprisonment taking immediate effect, the maximum is ten years and the minimum is six years; and in this subsection “imprisonment” includes any form of detention.
4
In any other case where the order is made under section 14A above, the maximum is five years and the minimum is three years.
5
F914G Additional requirements of orders.
1
A banning order may, if the court making the order thinks fit, impose additional requirements on the person subject to the order in relation to any regulated football matches.
2
The court by which a banning order was made may, on an application made by—
a
the person subject to the order, or
b
the person who applied for the order or who was the prosecutor in relation to the order,
vary the order so as to impose, replace or omit any such requirements.
3
In the case of a banning order made by a magistrates’ court, the reference in subsection (2) above to the court by which it was made includes a reference to any magistrates’ court acting F59in the same local justice area as that court.
F1014H Termination of orders.
1
If a banning order has had effect for at least two-thirds of the period determined under section 14F above, the person subject to the order may apply to the court by which it was made to terminate it.
2
On the application, the court may by order terminate the banning order as from a specified date or refuse the application.
3
In exercising its powers under subsection (2) above, the court must have regard to the person’s character, his conduct since the banning order was made, the nature of the offence or conduct which led to it and any other circumstances which appear to it to be relevant.
4
Where an application under subsection (1) above in respect of a banning order is refused, no further application in respect of the order may be made within the period of six months beginning with the day of the refusal.
5
The court may order the applicant to pay all or any part of the costs of an application under this section.
6
In the case of a banning order made by a magistrates’ court, the reference in subsection (1) above to the court by which it was made includes a reference to any magistrates’ court acting F60in the same local justice area as that court.
F1114J Offences.
C71
A person subject to a banning order who fails to comply with—
a
any requirement imposed by the order, or
b
any requirement imposed under section 19(2B) or (2C) below,
is guilty of an offence.
2
A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both.
Restriction orders
15 Restriction orders.
F451
Subject to subsection (3) below—
a
a court by or before which a person is convicted of a relevant offence, or
b
if a person convicted of such an offence is committed to the Crown Court to be dealt with, the Crown Court on dealing with him for the offence,
shall have the power to make an international football banning order in relation to him.
2
Subject to subsection (3) below, it shall be the duty of the court to make an international football banning order in relation to the accused 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.
2A
Where the court has power to make an international football banning order in relation to the accused 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 (2) above and give reasons why it is not satisfied.
3
An international football banning order may only be made—
a
in addition to a sentence imposed in respect of the offence of which the accused is (or was) convicted; or
b
in addition to an order discharging him absolutely or conditionally.
4
An international football banning order may be made as mentioned in subsection (3)(b) above notwithstanding anything in F46sections 12 and 14 of the Powers of the Criminal Courts (Sentencing) Act 2000 (which relate to orders discharging a person absolutely or conditionally and their effect).
5
An international football banning order shall specify the police station in England or Wales at which the person subject to the order is to report initially.
F475A
The court may, if it thinks fit, impose conditions in the order which the person subject to the order shall comply with.
5B
Those conditions may include conditions with respect to the surrender of the passport of the person subject to the order not more than five days before the date of each designated football match in relation to which he is required to report to a police station.
5C
A passport surrendered by the person subject to the order on the occasion of a designated football match must be returned to him as soon as reasonably practicable after the match has taken place.
6
The court shall, on making the order in relation to the accused, explain its effect to him in ordinary language.
7
In section 10(3) of the M8Criminal Appeal Act 1968 (appeals against sentence by Crown Court), in paragraph (c), after sub-paragraph (iii) there shall be inserted
or
iv
a restriction order under section 15 of the Football Spectators Act 1989;
16 Effect of order.
F481
Subject to subsection (3) and section 17 below, an international football banning order has effect in relation to a person convicted of a relevant offence for a period determined by the court making the order—
a
which begins with the date of the making of the order,
b
which is not longer than the maximum period, and
c
which is not shorter than the minimum period.
1A
The maximum period—
a
in a case where the person was sentenced in respect of that offence to a period of imprisonment taking immediate effect, is ten years, and
b
in any other case, is five years.
1B
The minimum period—
a
in a case where the person was sentenced in respect of that offence to a period of imprisonment taking immediate effect, is six years, and
b
in any other case, is three years.
2
The duty to report imposed by F49 an international football bannning order on the person subject to the order is a duty—
a
to report initially to the police station specified in the order within the period of five days beginning with the date of the making of the order, and
b
subject to any exemption, to report on the occasion of designated football matches when required to do so under section F5019(3)(a) or (b) below to F51the police station in England and Wales specified in the notice by which the requirement is imposed at the time or between the times specified in the notice.
3
The duty to report shall, in the case of a person sentenced to or serving a term of imprisonment, be suspended until his discharge from prison and the order shall have effect, if he is discharged more than five days before the expiry of the period for which the order has effect and he was precluded by his being in prison from reporting initially, as if it required him to report initially to F52the police station specified in the orderwithin the period of five days beginning with the date of his discharge.
F533A
The duty to comply with conditions imposed by an international football banning order is a duty, subject to any exemption, to comply with those conditions when required to do so under section 19(3)(a) or (b) below.
4
5
17 Application to terminate restriction order.
F561
A person in relation to whom an international football banning order has had effect for at least two-thirds of the period determined under section 16(1) above may apply to the court which made the order to terminate it.
2
On such an application the court may, having regard to the person’s character, his conduct since the order was made, the nature of the offence which led to it and any other circumstances of the case, either by order terminate F57the international football banning order (as from a date specified in the terminating order) or refuse the application.
3
Where an application under this section is refused, a further application in respect of the restriction order shall not be entertained if made within the period of six months beginning with the day of the refusal.
4
The court may order the applicant to pay all or any part of the costs of an application under this section.
5
In the case of F57an international football banning order made by a magistrates’ court, the reference in subsection (1) above to the court by which it was made includes a reference to any magistrates’ court acting for the same petty sessions area as that court.
6
18 Information.
1
Where a court makes F13 a banning order the F61designated officer for the court (in the case of a magistrates’ court) or the appropriate officer (in the case of the Crown Court)—
a
shall give a copy of it to the person to whom it relates;
b
shall (as soon as reasonably practicable) send a copy of it to the enforcing authority F14and to any prescribed person;
c
shall (as soon as reasonably practicable) send a copy of it to the police station (addressed to the officer responsible for the police station) at which the person subject to the order is to report initially; and
d
in a case where the person subject to the order is F15 detained in legal custody, shall (as soon as reasonably practicable) send a copy of it to the person in whose custody he is detained.
2
Where a court terminates F13a banning order under F16section 14H above, the F62designated officer for the court (in the case of a magistrates’ court) or the appropriate officer (in the case of the Crown Court)—
a
shall give a copy of the terminating order to the person to whom F13the banning order relates;
b
shall (as soon as reasonably practicable) send a copy of it to the enforcing authority F17and to any prescribed person; and
F193
Where a person subject to a banning order is released from custody and, in the case of a person who has not reported initially to a police station, is released more than five days before the expiry of the banning order, the person in whose custody he is shall (as soon as reasonably practicable) give notice of his release to the enforcing authority.
F634
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1055
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reporting
19 Functions of enforcing authority and local police.
1
The enforcing authority and the officer responsible for the police station at which he reports initially shall have the following functions as respects any person subject to F20a banning order.
2
On a person reporting initially at the police station, the officer responsible for the station may make such requirements of that person as are determined by the enforcing authority to be necessary or expedient for giving effect to F21the banning order, so far as relating to regulated football matches outside F95the United Kingdom.
2A
If, in connection with any regulated football match outside F96the United Kingdom, the enforcing authority is of the opinion that requiring any person subject to a banning order to report is necessary or expedient in order to reduce the likelihood of violence or disorder at or in connection with the match, the authority must give him a notice in writing under subsection (2B) below.
2B
The notice must require that person—
a
to report at a police station specified in the notice at the time, or between the times, specified in the notice,
b
and may require him to comply with any additional requirements of the order in the manner specified in the notice.
2C
In the case of any regulated football match, the enforcing authority may by notice in writing require any person subject to a banning order to comply with any additional requirements of the order in the manner specified in the notice.
2D
The enforcing authority may establish criteria for determining whether any requirement under subsection (2B) or (2C) above ought to be imposed on any person or any class of person.
2E
A notice under this section—
a
may not require the person subject to the order to report except in the control period in relation to a regulated football match outside F97the United Kingdom or an external tournament,
b
may not require him to surrender hisF100passport except in the control period in relation to a regulated football match outside the United Kingdom or an external tournament which includes such matches.
F83c
must require him to notify the enforcing authority within the time period specified in the notice of each address at which he intends to stay, or has stayed, for one night or more in a period which is the control period in relation to a regulated football match.
2F
5
The enforcing authority, in exercising their functions under this section, shall have regard to any guidance issued by the Secretary of State under section 21 below.
C86
A person who, without reasonable excuse, fails to comply with any requirement imposed on him under subsection (2) above shall be guilty of an offence.
7
A person guilty of an offence under subsection (6) above shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.
20 Exemptions from requirement to report as respects a match.
1
A person who is subject to F22a banning order may—
a
as respects a particular F23regulated football match, or
b
as respects F23regulated football matches played during a period,
apply to the authority empowered to grant exemptions under this section (“the exempting authority”) to be exempt from F24the requirements imposed by or under this Part, or any of them as respects that match or matches played during that period.
2
The enforcing authority may grant exemptions under this section in all cases; but where the application is F25made during the control period in relation to any match to which the application applies, the officer responsible for a police station may grant the exemption as respects that match, subject to subsection (3) below.
3
The officer responsible for a police station shall not grant an exemption without referring the question of exemption to the enforcing authority, unless he considers that it is not reasonably practicable to do so.
4
The exempting authority shall exempt the applicant from F26the requirements imposed by or under this Part, or any of them, as respects any match or matches to which the application relates if he shows to the authority’s satisfaction—
a
that there are special circumstances which justify his being so exempted; and
b
that, because of those circumstances, he would not attend the match or matches if he were so exempted.
5
The exempting authority shall, in taking any decision under subsection (4) above, have regard to any guidance issued by the Secretary of State under section 21 below.
6
Where an exemption is granted by the exempting authority to a person under subsection (4) above F27the banning order is to have effect subject to the exemption and, accordingly, no requirement is to be imposed under section 19 which is inconsistent with the exemption.
7
A person who is aggrieved by the refusal of the exempting authority to grant him an exemption under subsection (4) above may, after giving the authority notice in writing of his intention to do so, appeal to a magistrates’ court F64....
8
On any appeal under subsection (7) above the court may make such order as it thinks fit.
9
The court may order the appellant to pay all or any part of the costs of an appeal under subsection (7) above.
C910
Any person commits an offence who, in connection with an application under this section to be exempted from F28the requirements imposed by or under this Part, or any of them—
a
makes a statement which he knows to be false or misleading in a material particular or recklessly makes a statement which is false or misleading in a material particular, or
b
produces, furnishes, signs or otherwise makes use of a document which he knows to be false or misleading in a material particular or recklessly produces, furnishes, signs or otherwise makes use of a document which is false or misleading in a material particular.
11
A person guilty of an offence under subsection (10) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
21 Functions of enforcing authority: supplementary provisions.
1
The Secretary of State may issue to the enforcing authority such guidance as he considers appropriate for the purposes of the exercise of their functions under sections 19 and 20 above.
2
The Secretary of State shall make such arrangements as he considers appropriate for publishing the guidance issued from time to time under subsection (1) above.
3
4
Regulations under subsection (3) above may exclude the operation of section 25 below.
5
The power to make regulations under subsection (3) above is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
6
Where any notice is given under section 19 above by the enforcing authority in accordance with regulations under subsection (3) above, the notice shall be taken to have been received by the person to whom it was addressed unless he proves that he did not receive the notice and did not know and had no reasonable cause to believe that F31requirements had been imposed on him under section 19 above.
7
Where any notice is given under section 19 above by the enforcing authority in accordance with section 25 below, subsection (6) above F85(instead of section 25(1A)) shall apply as it applies to such a notice given in accordance with regulations under subsection (3) above.
8
The Secretary of State may pay to the enforcing authority any expenses incurred by them in exercising their functions under sections 19 and 20 above.
F32C221A Summary measures: detention.
1
This section and section 21B below apply during any control period in relation to a regulated football match outside F98the United Kingdom or an external tournament if a constable in uniform—
a
has reasonable grounds for suspecting that the condition in section 14B(2) above is met in the case of a person present before him, and
b
has reasonable grounds to believe that making a banning order in his case would help to prevent violence or disorder at or in connection with any regulated football matches.
2
The constable may detain the person in his custody (whether there or elsewhere) until he has decided whether or not to issue a notice under section 21B below, and shall give the person his reasons for detaining him in writing.
This is without prejudice to any power of the constable apart from this section to arrest the person.
3
A person may not be detained under subsection (2) above for more than four hours or, with the authority of an officer of at least the rank of inspector, six hours.
4
A person who has been detained under subsection (2) above may only be further detained under that subsection in the same control period in reliance on information which was not available to the constable who previously detained him; and a person on whom a notice has been served under section 21B(2) below may not be detained under subsection (2) above in the same control period.
F33C321B Summary measures: reference to a court.
1
A constable in uniform may exercise the power in subsection (2) below if authorised to do so by an officer of at least the rank of inspector.
2
The constable may give the person a notice in writing requiring him—
a
to appear before a magistrates’ court at a time, or between the times, specified in the notice,
b
not to leave England and Wales before that time (or the later of those times), and
c
if the control period relates to a regulated football match outside the United Kingdom or to an external tournament which includes such matches, to surrender his F101passport to the constable,
and stating the grounds referred to in section 21A(1) above.
3
The times for appearance before the magistrates’ court must be within the period of 24 hours beginning with—
a
the giving of the notice, or
b
the person’s detention under section 21A(2) above,
whichever is the earlier.
4
For the purposes of section 14B above, the notice is to be treated as an application for a banning order made by complaint by the constable to the court in question and subsection (1) of that section is to have effect as if the references to F86the relevant chief officer were references to that constable.
5
A constable may arrest a person to whom he is giving such a notice if he has reasonable grounds to believe that it is necessary to do so in order to secure that the person complies with the notice.
6
Any F101passport surrendered by a person under this section must be returned to him in accordance with directions given by the court.
F3421C Summary measures: supplementary
1
The powers conferred by sections 21A and 21B above may only be exercised in relation to a person who is a British citizen.
2
A person who fails to comply with a notice given to him under section 21B above is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both.
3
Where a person to whom a notice has been given under section 21B above appears before a magistrates’ court as required by the notice (whether under arrest or not), the court may remand him.
4
A person who, by virtue of subsection (3) above, is remanded on bail under section 128 of the M4Magistrates’ Courts Act 1980 may be required by the conditions of his bail—
a
not to leave England and Wales before his appearance before the court, and
b
if the control period relates to a regulated football match outside the United Kingdom or to an external tournament which includes such matches, to surrender his F102passport to a police constable, if he has not already done so.
F3521D Summary measures: compensation.
1
Where a person to whom a notice has been given under section 21B above appears before a magistrates’ court and the court refuses the application for a banning order in respect of him, it may order compensation to be paid to him out of central funds if it is satisfied—
a
that the notice should not have been given,
b
that he has suffered loss as a result of the giving of the notice, and
c
that, having regard to all the circumstances, it is appropriate to order the payment of compensation in respect of that loss.
2
An appeal lies to the Crown Court against any refusal by a magistrates’ court to order the payment of compensation under subsection (1) above.
3
The compensation to be paid by order of the magistrates’ court under subsection (1) above or by order of the Crown Court on an appeal under subsection (2) above shall not exceed £5,000 (but no appeal may be made under subsection (2) in respect of the amount of compensation awarded).
4
If it appears to the Secretary of State that there has been a change in the value of money since the coming into force of this section or, as the case may be, the last occasion when the power conferred by this subsection was exercised, he may by order substitute for the amount specified in subsection (3) above such other amount as appears to him to be justified by the change.
5
In this section, “central funds” has the same meaning as in enactments providing for the payment of costs.
Relevant offences outside England and Wales
22 Restriction orders arising out of offences outside England and Wales.
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 F36to which Schedule 1 to this Act applies.
F371A
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 F36to 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 F65... that a person F66... 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 F67... 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 F67....
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 F38a banning order in relation to him.
F395
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 F40regulated 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 F38a banning order under this section may appeal to the Crown Court against the decision.
F418
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.
F429
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.
F4322A Other interpretation, etc.
1
In this Part—
“British citizen” has the same meaning as in the M5British Nationality Act 1981,
“country” includes territory,
F87...
“enforcing authority” means a prescribed organisation established by the Secretary of State under section 57 of the M6Police Act 1996 (central police organisations),
“passport” means a United Kingdom passport within the meaning of the M7Immigration Act 1971,
“prescribed” means prescribed by an order made by the Secretary of State.
F103...
2
The Secretary of State may, if he considers it necessary or expedient to do so in order to secure the effective enforcement of this Part, by order provide for section 14(5) and (6) above to have effect in relation to any, or any description of, regulated football match or external tournament as if, for any reference to five days, there were substituted a reference to the number of days (not exceeding ten) specified in the order.
3
Any power of the Secretary of State to make an order under this Part is exercisable by statutory instrument.
4
An instrument containing an order made by the Secretary of State under this Part shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Pt. 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