Football Banning Orders

A football banning order (FBO) is an order available to the court to prevent violence and disorder by a person during their attendance at, or in connection with, a regulated football match or external tournament.

An FBO can be made either on conviction (vide section 14A of the Football Spectators Act 1989) or on complaint (vide section 14B of the Act).

The terms "violence" and "disorder" are defined in section 14C of the Act.

The terms "regulated football match" and "external tournament" are defined in section 14 of the Act.

FBO on conviction:

The court must make an FBO when a person is convicted of a relevant offence unless it considers there are particular circumstances relating to either the offender or offence that would make it unjust in all the circumstances to do so.

Relevant offences are those listed in schedule 1 of that Act.

If the court declines to make an FBO, it must give its reasons in open court.

When considering whether to make an FBO, the court can consider evidence given by both the defence and prosecution. The court can also consider evidence that would not have been admissible during the proceedings that led to the offender's conviction.

An FBO can be made in addition to any sentence imposed in relation to the relevant offence, or if a conditional discharge is imposed in relation to that offence.

Having sentenced the offender in relation to the relevant offence, the court can adjourn its decision on making an FBO.

In those circumstances the offender can be remanded in custody or granted bail until the decision hearing. If the offender fails to attend the decision hearing, and the court is satisfied that they knew about it in good time, then a warrant can be issued for their arrest.

In the event that the Magistrates' Court declines to make an FBO, then the prosecution has a right of appeal to the Crown Court.

FBO on complaint:

An application for an FBO can be made by either the Director of Public Prosecutions or a Chief Officer of Police, if it appears that the respondent has at any time caused or contributed to any violence or disorder in the United Kingdom or elsewhere.

The application is made to the Magistrates' Court. The court must make an FBO if:

• It is satisfied, on application, that the respondent has at any time caused or contributed to any violence or disorder in the United Kingdom or elsewhere; and,
• It 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.

If the court adjourns its decision on making an FBO the respondent can be remanded in custody or granted bail until the decision hearing. If the respondent fails to attend the decision hearing, and the court is satisfied that they knew about it in good time, then a warrant can be issued for their arrest.

In the event that the Magistrates' Court dismisses the application to make an FBO, then the applicant has a right of appeal to the Crown Court.

FBO requirements:

An FPO can contain any requirements and prohibitions considered necessary to prevent a person from committing acts of violence or disorder in relation to a regulated football match. This might typically include:

• A prohibition from attending regulated football matches as a spectator;
• A prohibition from attending the locality (e.g. town or city) of a regulated football match for the duration of the football match and a specified number of hours before and after the published kick-off time.

Section 14E of the Act outlines a series of general requirements applying to all FBOs.

FBO duration:

Section 14F of the Act sets out the minimum and maximum duration of an FBO.

In relation to an FBO made on conviction:

• If the offender is sentenced to an immediate period of custody, the minimum duration of the FBO is 5 years and the maximum duration is 10 years.
• In all other cases, the minimum duration of the FBO is 3 years and the maximum duration is 5 years.

In relation to an FBO made on complaint, the minimum duration of the FBO is 3 years and the maximum duration is 5 years.

Offences in relation to a FBO:

Section 14J of the Act makes it an offence for the person subject to the order to fails to comply with any requirement imposed by it.

Section 14J of the Act also makes it an offence if the person subject to the order fails to comply with a requirement under subsections 19(2B) or 19(2C) of the Act (relating to their attendance at a police station if so required).

The maximum penalty for either of these offences on summary conviction is 6 months' custody and/or an unlimited fine.

Further reading:

Sentencing Council explanatory material on football banning orders.

CPS guidance on football related offences and football banning orders.