The Act
3.The purpose of the Act is to renew for a five year period commencing on the day on which section 1 of the Football (Disorder) (Amendment) Act 2002 comes into force, two sets of powers which were inserted in the Football Spectators Act 1989 by the Football (Disorder) Act 2000, but which would have lapsed on 27th August 2001 if not renewed by statutory instrument. The Football (Disorder) (Duration of Powers) Order 2001 No. 2646 renewed the two sets of powers until 27th August 2002. There is no provision further to renew the powers by statutory instrument.
4.The first of the two sets of powers in question is contained in section 14B of the 1989 Act. It created a procedure known as the banning order made on complaint. Under this procedure, the police may make an application for a banning order, under the terms of which a person may be forbidden to attend football matches in England and Wales and be required to report to a police station on the occasion of matches outside England and Wales. The application is made by way of complaint to a magistrates’ court. The court must make the order if it is shown that the person has previously caused or contributed to violence or disorder in the UK or elsewhere and if it is satisfied that there are reasonable grounds for believing that a banning order would help prevent football related violence or disorder.
5.The second set of powers is contained in sections 21A and 21B of the 1989 Act. It created a new summary procedure which is intended to prevent people from leaving the country while the police seek a banning order on complaint. This procedure is intended to deal with the situation in which the police become aware, perhaps as a result of disorderly behaviour at the port of departure, that a person travelling to a football match overseas may be likely to participate in disorder. This power applies only during “control periods” (defined in section 14(5)) in relation to specified football matches taking place overseas.
6.Section 21A created a preliminary power for the police to detain a person for up to six hours provided that they have reasonable grounds for suspecting that the person has previously caused or contributed to violence or disorder in the UK or elsewhere, and for believing that making a banning order would help to prevent violence or disorder in connection with football matches. The purpose of this power is to allow the police time to make further enquiries before taking the step of prohibiting the person from leaving the country and of applying for a banning order.
7.Section 21B allows the police to give a person a notice in writing requiring him to appear before a magistrates’ court at a specified time, not to leave England and Wales, and under certain circumstances to surrender his passport, if the police have reasonable grounds for suspecting he has previously caused or contributed to violence or disorder in the United Kingdom or elsewhere, and for believing that a banning order would help to prevent violence or disorder in connection with football matches. The issue of this notice serves as an application to the magistrates’ court to make a banning order on complaint in relation to that person.
