Definition - Relevant Offences
A relevant offence is
an offence to
which Schedule 1 of the Football Spectators Act 1989 (FSA)
applies (section 14(8), FSA).
1. This
schedule applies to the following offences.
(a) any
offence under section 2(1), 5(7), 14J(1) or 21C(2) of this Act,
(b) any
offence under section 2 or 2A of the Sporting Events (Control of
Alcohol etc.) Act 1985 (alcohol, containers and fireworks)
committed by the accused at any football match to which this
Schedule applies or while entering or trying to enter the
ground,
(c) any
offence under section 5 of the Public Order Act 1986
(harassment, alarm or distress) or any provision of Part III of
that Act (racial hatred) committed during a period relevant to a
football match to which this Schedule applies at any premises
while the accused was at, or was entering or leaving or trying
to enter or leave, the premises,
R v Matthew O’Keefe [2004] 1
Cr App R (S) 67 The schedule does not make specific
reference to offences under section 4 of the Public Order Act
1986. However, it was held that the phrase, “any offence
involving the use or threat of violence by the accused towards
another person” was wide enough to catch any offence of
threatening behaviour under section 4. See further below the
proposed changes contained in the Violent Crime Reduction Bill.
(d) any
offence involving the use or threat of violence by the accused
towards another person committed during a period relevant to a
football match to which this Schedule applies at any premises
while the accused was at, or was entering or leaving or trying
to enter or leave, the premises,
(e) any
offence involving the use or threat of violence towards property
committed during a period relevant to a football match to which
this Schedule applies at any premises while the accused was at,
or was entering or leaving or trying to enter or leave, the
premises,
(f) any
offence involving the use, carrying or possession of an
offensive weapon or a firearm committed during a period relevant
to a football match to which this Schedule applies at any
premises while the accused was at, or was entering or leaving or
trying to enter or leave, the premises,
(g) any
offence under section 12 of the Licensing Act 1872 (persons
found drunk in public places, etc.) of being found drunk in a
highway or other public place committed while the accused was on
a journey to or from a football match to which this Schedule
applies being an offence as respects which the court makes a
declaration that the offence related to football matches,
By section 7(10)(a) FSA
“declaration of relevance” means a declaration by the court that
the offence related to football matches.
(h) any
offence under section 91(1) of the Criminal Justice Act 1967
(disorderly behaviour while drunk in a public place) committed
in a highway or other public place while the accused was on a
journey to or from a football match to which this Schedule
applies being an offence as respects which the court makes a
declaration that the offence related to football matches,
(j) any
offence under section 1 of the Sporting Events (Control of
Alcohol etc.) Act 1985 (alcohol on coaches or trains to or from
sporting events) committed while the accused was on a journey to
or from a football match to which this Schedule applies being an
offence as respects which the court makes a declaration that the
offence related to football matches,
(k) any
offence under section 5 of the Public Order Act 1986
(harassment, alarm or distress) or any provision of Part III of
that Act (racial hatred) committed while the accused was on a
journey to or from a football match to which this Schedule
applies being an offence as respects which the court makes a
declaration that the offence related to football matches,
(l) any
offence under section 4 or 5 of the Road Traffic Act 1988
(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 football match
to which this Schedule applies being an offence as respects
which the court makes a declaration that the offence related to
football matches,
(m) 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 football match to which this Schedule
applies being an offence as respects which the court makes a
declaration that the offence related to football matches,
(n) any
offence involving the use or threat of violence towards property
committed while the accused was on a journey to or from a
football match to which this Schedule applies being an offence
as respects which the court makes a declaration that the offence
related to football matches,
(o) any
offence involving the use, carrying or possession of an
offensive weapon or a firearm committed while the accused was on
a journey to or from a football match to which this Schedule
applies being an offence as respects which the court makes a
declaration that the offence related to football matches,
(p) any
offence under the Football (Offences) Act 1991,
(q) any
offence under section 5 of the Public Order Act 1986
(harassment, alarm or distress) or any provision of Part III of
that Act (racial hatred) -
(i) which
does not fall within paragraph (c) or (k) above,
(ii) which
was committed during a period relevant to a football match to
which this Schedule applies, and
(iii) as
respects which the court makes a declaration that the offence
related to that match or to that match and any other football
match which took place during that period,
(r) any
offence involving the use or threat of violence by the accused
towards another person -
(i) which
does not fall within paragraph (d) or (m) above,
(ii) which
was committed during a period relevant to a football match to
which this Schedule applies, and
(iii) as
respects which the court makes a declaration that the offence
related to that match or to that match and any other football
match which took place during that period,
(s) any
offence involving the use or threat of violence towards property
-
(i) which
does not fall within paragraph (e) or (n) above,
(ii) which
was committed during a period relevant to a football match to
which this Schedule applies, and
(iii) as
respects which the court makes a declaration that the offence
related to that match or to that match and any other football
match which took place during that period,
(t) any
offence involving the use, carrying or possession of an
offensive weapon or a firearm -
(i) which
does not fall within paragraph (f) or (o) above,
(ii) which
was committed during a period relevant to a football match to
which this Schedule applies, and
(iii) as
respects which the court makes a declaration that the offence
related to that match or to that match and any other football
match which took place during that period,
(u) any
offence under section 166 of the Criminal Justice and Public
Order Act 1994 (sale of tickets by unauthorised persons) which
relates to tickets for a football match.
2. Any
reference to an offence in paragraph 1 above includes -
(a) a
reference to any attempt, conspiracy or incitement to commit
that offence, and
(b) a
reference to aiding and abetting, counselling or procuring the
commission of that offence.
3. For the
purposes of paragraphs 1(g) to (o) above -
(a) a person
may be regarded as having been on a journey to or from a
football match to which this Schedule applies whether or not he
attended or intended to attend the match, and
(b) a
person's journey includes breaks (including overnight breaks).
4. In this
Schedule, "football match" means a match which is a regulated
football match for the purposes of Part II of this Act.
(2) Section
1(8) and (8A) above apply for the interpretation of references
to periods relevant to football matches.
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