The Football Spectators (Corresponding Offences in Italy) Order 1990

Statutory Instruments

1990 No. 992

SPORTS GROUNDS AND SPORTING EVENTS

The Football Spectators (Corresponding Offences in Italy) Order 1990

Made

1st May 1990

Laid before Parliament

9th May 1990

Coming into force

1st June 1990

At the Court at Buckingham Palace, the 1st day of May 1990

Present,

The Queen’s Most Excellent Majesty in Council

Whereas it appears to Her Majesty that the offences under the law of Italy described in Schedule 1 to this Order correspond to offences specified in Schedule 1 to the Football Spectators Act 1989 (1);

Now, therefore, Her Majesty, in exercise of the powers conferred upon Her by section 22(1) of the Football Spectators Act 1989 (2), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

1.—(1) This Order may be cited as the Football Spectators (Corresponding Offences in Italy) Order 1990 and shall come into force on 1st June 1990.

(2) In this Order “the 1989 Act” means the Football Spectators Act 1989.

2.—(1) The offences under the law of Italy which are described in Schedule 1 to this Order are hereby specified as offences corresponding to the offences specified in Schedule 1 to the 1989 Act.

(2) In Schedule 1 to this Order—

(a) the expression “period relevant to” shall be construed in accordance with section 1(8) of the 1989 Act, and

(b) “specified football match” means any association football match played in Italy involving a team which represents either—

(i) a country or territory, or

(ii) a club from England or Wales which is, at the time the match is played, a member (whether a full or associate member) of the Football League.

3.  The Ministry of Grace and Justice (Ministero di Grazia e Giustizia) is hereby specified as the authority in Italy which is to certify the conviction of a person there of an offence specified in Schedule 1 to this Order, the nature and circumstances of the offence and whether or not the conviction is the subjectof proceedings there questioning it.

4.  The form of the certificate certifying the matters referred to in article 3 above is hereby prescribed in Schedule 2 to this Order.

G I de Deney

Clerk of the Privy Council

Article 2

SCHEDULE 1 OFFENCES UNDER THE LAW OF ITALY CORRESPONDING TO OFFENCES IN SECEDULE 1 TO THE 1989 ACT

1.  Any offence of being found in a state of obvious drunkenness in a public place or one open to the public committed by the accused at any specified football match or while entering or trying to enter the ground.

2.  Any offence involving the use or threat of violence by the accused towards another person committed during a period relevant to a specified football match at any premises while the accused was at, or was entering or leaving or trying ro enter or leave, the premises.

3.  Any offence involving the use or threat of violence towards property committed during a period relevant to a specified football match at any premises while the accused was at, or was entering or leaving or trying to enter or leave, the premises.

4.  Any offence of being found in a state of obvious drunkenness in a public place or one open to the public committed while the accused was on a journey to or from a specified football match, being an offence which related to football matches.

5.  Any offence involving the use or threat of violence by the accused towards another person committed while one or each of them was on a journey to or from a specified football match being an offence which related to football matches.

6.  Any offence involving the use or threat of violence towards property committed while the accused was on a journey to or from a specified football match being an offence which related to football matches.

Article 4

SCHEDULE 2 FORM OF CERTIFICATE IN ITALIAN TO BE GIVEN BY THE ITALIAN MINISTRY OF GRACE AND JUSTICE TO CERTIFY THE CONVICTION OF A PERSON IN ITALY OF AN OFFENCE SPECIFIED IN SCHEDULE 1 TO A FOOTBALL SPECTATORS (CORRESPONDING OFFENCES IN ITALY) ORDER 1990

Explanatory Note

(This note is not part of the Order)

Article 2 of, and Schedule 1 to, this Order specifies offences under the law of Italy which appear to Her Majesty to correspond to certain of the offences specified in Schedule 1 to the Football Spectators Act 1989. Under section 22 of that Act proceedings may be commenced before magistrates against a person who resides or is believed to reside in an area in England or Wales if that person has been convicted of such offence. Under such proceedings a restriction order may be made against such a person. Under section 19 of that Act the person to whom such an order applies may be required to report to a police station in England or Wales on the occasion of a football match played in any country outside England and Wales of a description for the time being designated by order under section 14(2) of that Act.

Article 3 specifies the Italian Ministry of Grace and Justice as the authority in Italy by which a certificate may be made certifying a person’s conviction for one of the offences specified in Schedule 1 to this Order. Article 4 of this Order prescribes the form of the certificate in Italian (since the certificate is to be completed by Italian officials). A translation into English of the form of the certificate is set out as an Appendix to this note.

Under section 22(10) of the Football Spectators Act 1989 a certificate in the form prescribed by this Order is admissible in proceedings under Part II of that Act (which concerns restriction orders) arising from convictions in Italy as evidence of the facts therein stated. A translation of the certificate would need to be proved. Under section 22 (11) facts stated in the certificate are to be taken as proved (on production of the certificate and proof that the person against whom the proceedings are brought is the person whose conviction is certified) unless the contrary is proved.

APPENDIX TO EXPLANATORY NOTE

English translation of certificate prescribed by article 4 of, and Schedule 2 to, this Order

(1)

1989 c. 37

(2)

The power in section 22(1) is supplemented by section 22(9) of that Act.