Effect and Duration of Football Banning
Orders
See the
definition of a
banning order for the general effect.
A banning
order must require the person to report initially at a police
station in England and Wales specified in the order within 5
days beginning with the day on which the order is made. In the
case of a person in custody the requirement to report at a
police station is suspended until he is released. He then has to
report within 5 days following release.
Unless
there are exceptional circumstances the court must impose a
requirement as to the surrender of the person's passport in
connection with regulated football matches outside the UK.
Duration
In criminal cases the following
apply;
- if a banning order is in
addition to imprisonment (includes any form of detention)
maximum is 10 years, minimum is 6 years.
- in any other case maximum
is 5 years, minimum is 3 years.
In civil cases the maximum
period is 5 years and the minimum is 3 years (the earlier
maximum of 3 and minimum of 2 have been increased by the Violent
Crime Reduction Act 2006).
Additional requirements may be
imposed, eg, not to enter a particular geographical area at
specified times.
Non-compliance with the terms
and requirements of a football banning order is an offence which
carries a maximum sentence of 6 months imprisonment and/or a
£5000 fine.
Football Banning Orders
Authority
If, in connection with any
regulated football match outside England and Wales, the Football
Banning Orders Authority is of the opinion that requiring any
person subject to a banning order to report is necessary or
expedient in order to reduce the likelihood of violence or
disorder at or in connection with the match, the authority must
give him a notice in writing;
- To report at a police
station specified in the notice at the time, or between the
times, specified in the notice,
- If the match is outside
the UK and the order imposes a requirement as to the
surrender by him of his passport, to surrender his passport
at a police station specified in the notice at the time, or
between the times, specified in the notice, and may require
him to comply with any additional requirements of the order
in the manner specified in the notice.
These requirements can only be
applied during the control period.
Non-compliance with a
requirement of the Football Banning Orders Authority is an
offence with a maximum penalty of a £500 fine.
It is possible to make
application to the Football Banning Orders Authority for an
exemption in "special" circumstances. It is well established now
that this simply means that if the person who is subject to a
banning order genuinely needs to travel abroad at the relevant
time, eg, on business, and there is no intention of attending a
football match, the exemption should be granted. If an
application for an exemption is refused it is possible to appeal
to a magistrates' court. |
