Domestic football banning orders

6Domestic football banning orders

(1)

In the M1Public Order Act 1986 (referred to in this Act as the 1986 Act) for section 30 (which confers powers on courts to make exclusion orders) substitute—

“30Domestic football banning orders

(1)

Subject to subsection (4)—

(a)

a court by or before which a person is convicted of an offence to which section 31 applies, 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 order (a domestic football banning order) prohibiting him from entering any premises for the purpose of attending any prescribed football match there.

(2)

Subject to subsection (4), it shall be the duty of the court to make a domestic 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 prescribed football matches.

(3)

Where the court has power to make a domestic 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) and give reasons why it is not satisfied.

(4)

A domestic 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.

(5)

A domestic football banning order may be made as mentioned in subsection (4)(b) notwithstanding anything in sections 1A and 1C of the Powers of the Criminal Courts Act 1973 (which relate to orders discharging a person absolutely or conditionally and their effect).

(6)

The court shall, on making the order in relation to the accused, explain its effect to him in ordinary language.”

(2)

In consequence of subsection (1)—

(a)

for “an exclusion order”, wherever occurring in sections 32(1) and (3) and 33 to 35 of the 1986 Act, substitute “a domestic football banning order”,

(b)

for “the exclusion order”, wherever occurring in sections 33 to 35 of the 1986 Act, substitute “the domestic football banning order”,

(c)

for “an exclusion order”, in section 7(1) of the 1989 Act, substitute “a domestic football banning order”,

(d)

for “exclusion orders”, in section 27(5) of the 1989 Act, substitute “domestic football banning orders”, and

(e)

in section 10(3) of the M2Criminal Appeal Act 1968 (appeals against sentence by Crown Court) in paragraph (c), after sub-paragraph (v) insert—

“(vi)

a domestic football banning order under section 30 of the Public Order Act 1986; or”.