Ancillary Orders Consultation

Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system. It provides guidance which sentencers are encouraged to take into account wherever applicable, to ensure that there is fairness for all involved in court proceedings.

May be made by

A magistrates' court or the Crown Court

Relevant legislation

Football Spectators Act 1989, Part II

Availability

Where a person is convicted of a relevant offence the court must make a banning order in respect of the offender 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.

Relevant offences

A “relevant offence” is one listed in Schedule 1.

Some offences become relevant if the offence is committed during a period ‘relevant’ to a football match. The following periods are ‘relevant’ to a football match (Football Spectators Act 1989, Sch.1 para.4):

(a) the period beginning: i) 24 hours before the start of the match; or ii) 24 hours before the time at which it is advertised to start; whichever is the earliest, and ending 24 hours after the end of the match;

(b) where a match advertised to start at a particular time on a particular day is postponed to a later day, or does not take place, the period in the advertised day beginning 24 hours before and ending 24 hours after that time.

Considerations

For the purpose of deciding whether to make an order under this section the court may consider evidence led by the prosecution and the defence.

It is immaterial whether the evidence would have been admissible in the proceedings in which the offender was convicted.

 A banning order made on conviction must be made:

(a)  in addition to a sentence imposed in respect of the relevant offence, or

(b)  in addition to an order discharging the offender conditionally.

The order

On making a banning order the court must, in ordinary language, explain its effect to the subject of the order.

Content of the order

• The order requires the offender to report to a police station within five days, may require the offender to surrender his or her passport, and may impose requirements on the offender in relation to any regulated football matches.
• The order may, if the court thinks fit, impose additional requirements on the person subject to the order in relation to any regulated football matches.

Notification

A banning order must require the person subject to the order to give notification of any of the following events (as set out in section 14E(2B):

(a)  a change of any of his names

(b)  the first use by him after the making of the order of a name for himself that was not disclosed by him at the time of the making of the order

(c)  a change of his home address

(d)  his acquisition of a temporary address

(e)  a change of his temporary address or his ceasing to have one

(f)   his becoming aware of the loss of his passport

(g)   receipt by him of a new passport

(h)  an appeal made by him in relation to the order

(i)  an application made by him under section 14H(2) for termination of the order

(j)  an appeal made by him under section 23(3) against the making of a declaration of relevance in respect of an offence of which he has been convicted.

A notification required by a banning order must be given before the end of the period of seven days beginning with the day on which the event in question occurs and

• in the case of a change of a name or address or the acquisition of a temporary address, must specify the new name or address
• in the case of a first use of a previously undisclosed name, must specify that name, and
• in the case of a receipt of a new passport, must give details of that passport.

Where the order is in addition to a sentence of imprisonment taking immediate effect, the maximum is ten years, and the minimum is six years. “imprisonment” includes any form of detention.

In any other case, the maximum is five years, and the minimum is three years.

The court is required to give reasons if it decides not to make an order.

Breach of a football banning order is a criminal, maximum penalty six months custody, or a fine not exceeding level 5 on the standard scale, or both.

Breach offences (other) – Sentencing (sentencingcouncil.org.uk)