Following the violent scenes that took place at the final of Euro 2020 between England and Italy at Wembley Stadium, the Football Association found it necessary to conduct a formal review to understand the disorder.
The review by Baroness Casey highlighted several factors that contributed to the disorder. The principal reason was ticketless, alcohol and drug-fuelled ‘fans’ who caused the shameful scenes.
What is the outcome of the Football Association’s review?
With an amendment to the legislation that governs football-related cases (Football Spectators Act 1989) and a new policy agreement between the Police and the Crown Prosecution Service, the criminal court are now being asked to make Football Banning Orders (FBO) for the possession of Class A drugs at football matches.
Any offence that is classed as ‘football-related’ and takes place on or after 29th June 2022, the court will impose an FBO unless the court “considers that there are particular circumstances relating to the offence or to the offender which would make it unjust in all the circumstances to do so”.
This is different to the old test for FBOs, with the court needing to be “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”.
Of course, if the offence was committed before the 29th of June 2022, then the test relating to violence will remain relevant. It is imperative that your legal team recognise the difference. If you have been sentenced for an offence committed under the old sentencing regime but the court applied the wrong test, you may have grounds to appeal.
What is a football banning order?
An FBO is a civil order that is imposed to prevent violence and disorder connected to regulated football matches, which prevents individuals from attending these matches. An FBO may be imposed:
- Following a conviction for a football-related offence or;
- Following a complaint from the Police or CPS.
An FBO can last between 3 and 10 years, but the length will depend on the severity of the original offence. Breach of an FBO is a criminal offence and can result in a maximum penalty of six months prison and/or a fine.
As well as preventing you from attending any football matches, a football banning order had the potential to require you to surrender your passport and/or report to your local police station during the period when a match is played abroad. You will also be required to notify the local police if you change your address.
Can you appeal a football banning order?
It is possible to appeal an FBO, however the process is now slightly more complicated. The court now needs to be persuaded not to impose an FBO, whereas previously, it was necessary for the court to establish a need for the FBO to prevent violence. It is a significant change and will result in many more FBOs being imposed.
Recent successes in avoiding football banning orders
We have been successful on several occasions in preventing an FBO being imposed for a football-related offence. Managing Partner Stephen Halloran represented two clients on a privately funded basis who were found to be in possession of cocaine while entering a football stadium.
Our clients were of previous good character and were not involved in any other disturbance or incident. But, as they had a Class A drug in their possession, they were both charged (ordinarily, a caution would have sufficed) and put on notice that the Metropolitan Police would be applying for an FBO as part of the sentence.
An FBO would have had a significant impact on both clients. This would include a minimum three-year ban from attending any football match, having to notify the Police of any change in their address and a restriction on movement when football matches were being played.
The prosecution invited the respective courts to impose a Football Banning Order. As a result of the preparatory work by Stephen, both courts were persuaded that it would be unjust to make an FBO. In providing a review of our services, one client said:
“I found myself in trouble for the first time in my life, and I felt as though I had nobody who understood my situation until I found Lawtons Solicitors. I suddenly felt I had somebody fighting my corner, especially Stephen Halloran – he was very professional and made me feel at ease with the whole situation. I will forever be grateful to him for the job he did representing me”.
How can Lawtons help you?
We recognise the impact that a Football Banning Order will have on a true football fan and using our extensive experience in dealing with such cases, we can provide the best possible representation to avoid such an outcome.
If you’re at risk of receiving a football banning order, please get in touch with our member of our team as soon as possible. Subject to funding, we can offer a nationwide service for football-related cases and Football Banning Orders.
