Football (Offences and Disorder) Act 1999
Football (Offences and Disorder) Act 1999
1999 Chapter 21
An Act to make further provision in relation to football-related offences; to make further provision for the purpose of preventing violence or disorder at or in connection with football matches; and for connected purposes.
[27th July 1999]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
International football banning orders
1 International football banning orders.
(1) In the Football Spectators Act 1989 to (5) substitute—
(1) Subject to subsection (3) below—
(a) a court by or before which a person is convicted of a relevant offence, or
(b) if a person convicted of such an offence is committed to the Crown Court to be dealt with, the Crown Court on dealing with him for the offence,
shall have the power to make an international football banning order in relation to him.
(2) Subject to subsection (3) below, it shall be the duty of the court to make an international football banning order in relation to the accused if it is satisfied that there are reasonable grounds to believe that making the order would help to prevent violence or disorder at or in connection with designated football matches.
(2A) Where the court has power to make an international football banning order in relation to the accused but does not do so, it shall state in open court that it is not satisfied that there are such reasonable grounds as are mentioned in subsection (2) above and give reasons why it is not satisfied.
(3) An international football banning order may only be made—
(a) in addition to a sentence imposed in respect of the offence of which the accused is (or was) convicted; or
(b) in addition to an order discharging him absolutely or conditionally.
(4) An international football banning order may be made as mentioned in subsection (3)(b) above notwithstanding anything in sections 1A and 1C of the Powers of the Criminal Courts Act 1973 (which relate to orders discharging a person absolutely or conditionally and their effect).
(5) An international football banning order shall specify the police station in England or Wales at which the person subject to the order is to report initially.’
(2) In consequence of subsection (1)—
(a) for ‘A ‘restriction order’’, in section 14(4) of the 1989 Act, substitute ‘An ‘international football banning order’’,
(b) for ‘a restriction order’, wherever occurring in sections 14(5), 16(2) and (4), 17(5) and (6), 18 to 20, 22 and 23 of the 1989 Act, substitute ‘an international football banning order’,
(c) for ‘restriction orders’, wherever occurring in sections 14, 19 and 21 of the 1989 Act, substitute ‘international football banning orders’,
(d) for ‘the restriction order’, wherever occurring in sections 17 and 18 of the 1989 Act, substitute ‘the international football banning order’,
(e) for ‘a restriction order’, in section 10(3)(c)(iv) of the Criminal Appeal Act 1968 , substitute ‘an international football banning order’, and
(f) for ‘reporting duty imposed by restriction order’, in section 24(2)(q) of the Police and Criminal Evidence Act 1984 , substitute ‘duty imposed by international football banning order’.
2 Relevant offences.
(1) In Schedule 1 to the 1989 Act (which specifies the offences which are relevant for the purposes of sections 7(2) and 15(1) of that Act), in each of paragraphs (f) to (l) (which specify offences which require a declaration of relevance) for ‘declaration of relevance’ substitute ‘declaration that the offence related to football matches’.
(2) After paragraph (m) of that Schedule insert—
‘(n) 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 (i) above,
(ii) which was committed during a period relevant to a designated football match, 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;
(o) any offence involving the use or threat of violence by the accused towards another person—
(i) which does not fall within paragraph (d) or (k) above,
(ii) which was committed during a period relevant to a designated football match, 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;
(p) any offence involving the use or threat of violence towards property—
(i) which does not fall within paragraph (e) or (l) above,
(ii) which was committed during a period relevant to a designated football match, 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;
(q) 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.
Any reference to an offence in paragraphs (a) to (q) 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.
For the purposes of paragraphs (f) to (l) above—
(a) a person may be regarded as having been on a journey to or from a designated football match whether or not he attended or intended to attend the match; and
(b) a person's journey includes breaks (including overnight breaks).’
(3) After section 1(8) of the 1989 Act (which sets out the periods before and after football matches in which certain offences must be committed to qualify as relevant offences) insert—
(8A) In its application to an offence specified in paragraph (n), (o) or (p) of Schedule 1 to this Act, subsection (8) above shall have effect as if—
(a) the reference to a designated football match included a reference to a football match designated for the purposes of Part II of this Act,
(b) for ‘two hours’, wherever occurring, there were substituted ‘24 hours’,
(c) for ‘one hour’, wherever occurring, there were substituted ‘24 hours’, and
(d) paragraph (a)(iii) were omitted.’;
and in section 14(6) of the 1989 Act (which contains a reference to section 1(8) of that Act) after ‘1(8)’ insert ‘and (8A)’.
(4) In sections 7(6) and 14(6) of the 1989 Act (each of which contains a reference to paragraphs (h), (i), (k) and (l)) for ‘and (l)’ substitute ‘, (l) and (n) to (p)’.
(5) In sections 7(10) and 14(9) of the 1989 Act, for the definition of ‘declaration of relevance’ substitute—
‘‘declaration of relevance’, in relation to an offence specified in paragraphs (f) to (l) and (n) to (p) of Schedule 1 to this Act, means the declaration specified in that paragraph;’.
(6) In section 23 of the 1989 Act (further provision about, and appeals against, declarations of relevance) in subsection (1) (court may not make declaration of relevance unless satisfied prosecutor gave notice to defendant that it was proposed to show that offence related to football matches) after ‘football matches’ insert ‘, to a particular football match or to particular football matches (as the case may be).’.
3 Conditions and duty to report.
(1) In section 15 of the 1989 Act (international football banning orders) after subsection (5) insert—
(5A) The court may, if it thinks fit, impose conditions in the order which the person subject to the order shall comply with.
(5B) Those conditions may include conditions with respect to the surrender of the passport of the person subject to the order not more than five days before the date of each designated football match in relation to which he is required to report to a police station.
(5C) A passport surrendered by the person subject to the order on the occasion of a designated football match must be returned to him as soon as reasonably practicable after the match has taken place.’
(2) In section 16 of the 1989 Act (effect of order) in subsection (2)(b) (duty to report to any police station in England and Wales when required to do so under section 19(3)(b))—
(a) for ‘19(3)(b)’ substitute ‘19(3)(a) or (b)’, and
(b) for the words from ‘any police station’ to the end substitute ‘the police station in England and Wales specified in the notice by which the requirement is imposed at the time or between the times specified in the notice.’
(3) In subsection (3) of that section (duty to report initially to any police station on discharge from prison) for ‘any police station’ substitute ‘the police station specified in the order’.
(4) After subsection (3) of that section insert—
(3A) The duty to comply with conditions imposed by an international football banning order is a duty, subject to any exemption, to comply with those conditions when required to do so under section 19(3)(a) or (b) below.’
(5) In subsection (4) of that section (offence of failing to comply with duty to report) after ‘duty to report’ insert ‘, or the duty to comply with conditions,’.
(6) In section 19 of the 1989 Act (functions of enforcing authority and local police) in subsection (3) (requirement to report), in each of paragraphs (a) and (b), for the words from ‘require him’ to the end of the paragraph substitute—
‘(i) require him to report to the police station specified in the notice at the time or between the times specified in the notice; and
(ii) require him...
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