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Police Powers

Football Spectators Act 1989 (FSA) 21A: detaining suspected individuals

1. This section and 21B apply during any control period in relation to a regulated a football match outside England and Wales or an external tournament if a constable in uniform -
   1. has reasonable grounds for suspecting that the condition in section 14B(2) (application for a civil banning order) is met in the case of a person present before him, and
   2. has reasonable grounds to believe that making a banning order in his case would help to prevent violence or disorder at or in connection with any regulated football matches.
2. The constable may detain the person in his custody (whether there or elsewhere) until he has decided whether or not to issue a notice under section 21B, and shall give his reasons for detaining him in writing.

FSA, section 21B: notice of proceedings to detained individuals

1. A constable in uniform may exercise the power in subsection (2) if authorised to do so by an officer of at least the rank of inspector.
2. The constable may give the person a notice in writing requiring him –
   1. to appear before a magistrates’ court at a time, or between the times, specified in the notice,
   2. not to leave England and Wales before that time (or the later of those times), and
   3. if the control period relates to a regulated football match outside the UK or to an external tournament which includes such matches, to surrender his passport to the constable,
      and stating the grounds referred to in section 21A.
3. For the purposes of section 14B, the notice is to be treated as an application for a banning order made by complaint by the constable to the court in question and subsection (1) of that section is to have effect as if the references to the chief officer of police for the area in which the person resides or appears to reside were references to that constable.

FSA, 21C: nationality of individuals subject to 21A and 21B

1. The powers conferred by sections 21A and 21B may only be exercised in relation to a person who is a British citizen.
2. A person who fails to comply with a notice given to him under section 21B is guilty of an offence. Summary only: 6 months imprisonment and/or level 5 fine.
3. Where a person appears before a magistrates’ court in compliance with a notice under section 21B (whether under arrest or not) the court may remand him.
4. A person remanded on bail under (3) may be required by bail conditions
   1. not to leave England and Wales before his appearance before the court, and
   2. if the control period relates to a regulated football match outside the UK or to an external tournament which includes such matches, to surrender his passport to a police constable.

FSA, 21D: compensation

1. Where a person to whom notice is given under section 21B appears before a magistrates’ court and the court refuses the application for a banning order it may order compensation to be paid to him out of central funds if it is satisfied -
   1. that the notice should not have been given,
   2. that he has suffered loss as a result of the giving of that notice, and
   3. that, having regard to all the circumstances, it is appropriate to order the payment of compensation in respect of that loss.
2. An appeal lies to the Crown Court against any refusal by the magistrates’ court to order the payment of compensation under subsection (1).
3. The payment of compensation by order under subsections (1) or (2) shall not exceed £5000 (but no appeal may be made under subsection (2) in respect of the amount of compensation awarded.