1990 No. 993

SPORTS GROUNDS AND SPORTING EVENTS

The Football Spectators (Corresponding Offences in Scotland) Order 1990

Made

Laid before Parliament

Coming into force

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 Scotland described in Schedule 1 to this Order correspond to offences specified in Schedule 1 to the Football Spectators Act 19891;

Now, therefore, Her Majesty, in exercise of the powers conferred upon Her by section 22(1) of the Football Spectators Act 19892, 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 Scotland) 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 Scotland 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 Scotland involving a team which represents—

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, or

iii

a club which is, at the time the match is played, a member of the Scottish Football League.

3

The Crown Office, Edinburgh, is hereby specified as the authority in Scotland 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 subject of 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 DeneyClerk of the Privy Council

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

Article 2

1

Any offence under section 72 (possession of containers at sporting event), 73 (possession of alcohol at sporting event) or 74 (drunkeness at sporting event) of the Criminal Justice (Scotland) Act 19803 committed by the accused at any specified football match or while entering or trying to enter the ground.

2

Any offence of breach of the peace or under any provision of Part III of the Public Order Act 19864 (racial hatred) 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.

3

Any offence of assault 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 malicious mischief or under section 78 of the Criminal Justice (Scotland) Act 1980 (vandalism) committed during a period relevant to a specified football match while the accused was at, or was entering or leaving or trying to enter or leave, the premises.

5

Any offence under section 50(1) of the Civic Government (Scotland) Act 19825 (drunkenness) committed while the accused was on a journey to or from a specified football match, being an offence which related to football matches.

6

Any offence under section 69 (alcohol on vehicle travelling to or from sporting event) or section 70A (alcohol on certain other vehicles) of the Criminal Justice (Scotland) Act 19806 committed while the accused was on a journey to or from a specified football match being an offence which related to football matches.

7

Any offence of breach of the peace or under any provision of Part III of the Public Order Act 1986 committed while the accused was on a journey to or from a specified football match being an offence which related to football matches.

8

Any offence under section 4 or 5 of the Road Traffic Act 19887 (driving etc. when under the influence of drink or drugs or with an alcohol concentration above the prescribed limit), committed while the accused was on a journey to or from a specified football match being an offence which related to football matches.

9

Any offence of assault committed while the accused or the person assaulted was on a journey to or from a specified football match being an offence which related to football matches.

10

Any offence of malicious mischief or under section 78 of the Criminal Justice (Scotland) Act 1980 (vandalism) committed while the accused was on a journey to or from a specified football match being an offence which related to football matches.

SCHEDULE 2

Article 4

FORM OF CERTIFICATE TO BE GIVEN BY THE CROWN OFFICE, EDINBURGH, TO CERTIFY THE CONVICTION OF A PERSON IN SCOTLAND OF AN OFFENCE SPECIFIED IN SCHEDULE 1 TO THE FOOTBALL SPECTATORS (CORRESPONDING OFFENCES IN SCOTLAND) ORDER 1990

Image_r00000

(This note is not part of the Order)

Article 2 of, and Schedule 1 to, this Order specifies offences under the law of Scotland 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 Crown Office, Edinburgh, as the authority in Scotland 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 prescribes the form of the certificate. Under section 22(10) of the Football Spectators Act 1989 such a certificate is admissible in proceedings under Part II of that Act (which concerns restriction orders) as evidence of the facts therein stated. Under section 22(11) such facts 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.