Football Banning Orders: What are they, how can they be imposed, and what does it mean for me?

Football Banning Orders, commonly known as FBOs, are court orders designed to prevent violence and disorder linked to football matches. They are governed by the Football Spectators Act 1989 and can be imposed where a person has been convicted of a relevant offence connected to a regulated football match or if there are reasonable grounds to believe that making the FBO would help to prevent violence or disorder at/in connection with regulated football matches.

In practice, an FBO can have serious consequences. It may prohibit a person from attending regulated football matches in the United Kingdom, require them to report to a police station, and in some cases require the surrender of their passport for overseas fixtures

When can a Football Banning Order be imposed?

Football Banning Orders on Conviction

Section 14A Football Spectators Act 1989, states that for an FBO to be imposed, the defendant must have been convicted of a relevant offence committed at or in connection with a regulated football match.

Those three elements are central:

• there must be a conviction;
• the offence must be a relevant offence within the legislation; and
• the offence must be linked to a regulated football match.

An FBO is imposed in addition to sentence, or in addition to a conditional discharge. It is not a standalone punishment.

Football Banning Orders on Complaint

Under Section 14B Football Spectators Act 1989, the police or prosecution can apply for an FBO to the magistrates’ court without a conviction if there is insufficient evidence to prosecute the football related offence, or the defendant has been acquitted (found not guilty) of such offence.

The court must be satisfied that there are reasonable grounds to believe that making the FBO would help to prevent violence or disorder at/in connection with regulated football matches.

The legal test: old and new position

The previous position

Section 14A of the Football Spectators Act 1989 came into force on 28 August 2000. Under the earlier wording, the court had to be satisfied that there were reasonable grounds to believe that making a banning order would help to prevent violence or disorder at or in connection with regulated football matches.

The current position

The law changed on 29 June 2022. For offences committed on or after that date, the court must impose a Football Banning Order where a person is convicted of a relevant offence, unless it considers that there are particular circumstances relating to the offence or the offender which would make it unjust in all the circumstances to do so

This is an important shift. The starting point is now that an order should be made, with the issue becoming whether there is anything sufficiently unusual or compelling to make the order unjust.

The court may consider evidence from both the prosecution and the defence when deciding whether to impose the order.

Who applies for a Football Banning Order?

In many cases, the application is brought by the police, often supported by the prosecution. Material is commonly produced to show why an order is said to be necessary or why it would not be unjust to impose one. That may include evidence about the offence itself, the circumstances of the match, and any alleged history of football-related misconduct (whether convicted of this misconduct or not).

What is a relevant offence?

Section 14A of the Football Spectators Act 1989 applies where a person is convicted of a relevant offence, meaning an offence listed in Schedule 1 to the Football Spectators Act 1989.

Schedule 1 covers a wide range of offences, including (but not limited to):

• offences under the Public Order Act 1986;
• offences under the Criminal Justice and Public Order Act 1994;
• offences under the Sporting Events (Control of Alcohol) Act 1985;
• offences involving the use or threat of violence;
• offences involving weapons;
• offences involving disorderly behaviour while drunk;
• certain offences under the Road Traffic Act 1988 committed on a journey to or from a football match;
• offences under the Football (Offences) Act 1991; and
• offences under the Communications Act 2003, including improper use of telecommunications.

For more information on which offences are within the Schedule see here: Football Spectators Act 1989

This is not limited to incidents arising at or near the ground. The courts state that it is a matter of judgement whether any of the offences are related to football matches, but that alleged behaviour can include incidents a considerable distance away or of those who are not a supporter of either team playing.

What is a regulated football match?

An FBO can only be imposed where the offence is committed at or in connection with a regulated football match.

Section 14(2) of the Football Spectators Act 1989 provides that a regulated football match means an association football match which is a prescribed match.

Under the Football Spectators (Prescription) Order 2022, this includes matches in England and Wales involving a club which is a member of:

• Football League,
• Football Association Premier League,
• Football Association Women’s Super League,
• Football Association Women’s Championship,
• Football Conference,
• Cymru Premier League, or
• Scottish Professional Football League
• FA Cup

As well as clubs whose home ground is situated outside England and Wales or teams representing a country.

Additionally, this applies to matches played outside England and Wales that are:

• Teams representing a club which are member of the above list
• A national team appointed by the Football Association to represent Egland
• A team representing any country whose football association is a member of FIFA
• A team representing a club which is a member/affiliated to FIFA.

What does an FBO do?

A Football Banning Order can impose a number of restrictions. Depending on the terms of the order, a person may be required to:

• Stay away from regulated football matches in the UK
• Report to a named police station within a specified period after the order is made (usually within five days)
• Notify the authorities of certain changes, such as name or address
• Surrender their passport and report to police in connection with designated overseas matches
• Comply with additional conditions imposed by the court, such as exclusion zones around stadiums or restrictions linked to particular clubs or fixtures

Orders can last for a significant period. Where the sentence is not imprisonment, the order may be up to 5 years and no less than 3 years. If imprisonment is imposed, then the FBO can be up to 10 years and no less than 6 years.

Breaching an FBO is a separate offence and can have a sentence of up to 6 months imprisonment.

Conclusion

A Football Banning Order is a court order aimed at preventing football-related violence and disorder. It can be imposed where a defendant is convicted of a relevant offence committed at or in connection with a regulated football match. Since 29 June 2022, the court must impose an order on conviction unless there are particular circumstances making it unjust to do so. FBO’s can also be imposed without a conviction if there are reasonable grounds to believe that making the FBO would help to prevent violence or disorder at/in connection with regulated football matches.

For anyone facing prosecution arising from alleged football-related disorder, the possibility of an FBO should be treated as a serious and separate issue requiring careful attention.

Please contact Ellie Godwin if you require assistance with matters involving football related offenes where a FBO may be imposed.