Tag Archives: football

News

Prison avoided for football related disorder

football related disorder
Chesterfield football law solicitor David Gittins

Football is one of the most popular sports in England and Wales to both play and watch on a weekly basis.  On occasions, however, the mix of alcohol and heightened emotions can lead to a loss of control.  This means that what should be a fun day out can turning into the possibility of a fan being banned from all football matches for a minimum 3 years period as well as a possible prison sentence following any football related disorder.

Only this month Chesterfield football law solicitor David Gittins, a football fan himself, represented a 58 year old client who had not been convicted since the mid-80’s.  On this occasion he was before the court for football related offence. Notwithstanding the extremely serious allegation David was able to ensure his client kept his freedom and limited the conditions on the inevitable football banning order that the police applied for.

Football related disorder

Chesterfield Town had hosted Wrexham FC in a Vanarama National League match game. The match was categorised by the Police as “B”.   This meant that there was a potential for disorder. Both before and after the match there were problems caused by a small number of fans.  This included a serious incident in a pub close to the Proact Stadium.

The pub was designated for “home supporters only”.  However, a number of Wrexham fans gained entry.  This resulted in what the police describe as a ‘hostile environment’.  During the disorder David’s client threw a pint glass that he had been holding directly towards the Wrexham fans.  Thankfully nobody was caused injury.

Our client then left the pub, but not before he picked up a Police “spotter” video camera and took it with him.

football related disorder

The police investigation

After the match Derbyshire Police trawled CCTV relating to the incident.  A number of arrests were made.   Our client was interviewed and subsequently received a letter through the post informing him that he had been charged with threatening behaviour.  This postal requisition gave him the date that he was required to attend court.

It was only at this point that David was instructed to assist.  Had our client chose to seek our free and independent legal advice in police interview, we would have been aware of the full circumstances of the allegations much sooner and begun to prepare his case at an early stage.

Once legal aid was granted, David spent several hours watching the CCTV in the case.  He analysed the evidence in full before advising his client on the strength of the evidence against him.

Early guilty plea to football related disorder

David attended Court with his client who entered a guilty plea.  This would secure him maximum credit on sentence. A probation report was prepared.  Our client was a risk of a sentence of imprisonment.  The starting point for offending in these circumstances is 12 weeks in prison.

After hearing detailed and structured mitigation from David, the court decided that his client would be able to keep his freedom.  He received a suspended prison sentence of 3 weeks.

Inevitable Football Banning Order

The police in this case applied for a football banning order.  Unusually the police asked that as well as the usual terms banning attendance at all FA matches, there also be a large exclusion zone on match days.  This would have prevented our client from entering an area around the Proact Stadium for 4 hours before and 6 hours after each home game.

David was able to persuade the Magistrates’ that such additional conditions were unnecessary.

Contact one of our football law solicitors

If you are arrested or know that the police wish to speak to you about football related disorder then make sure you insist on your right to free and independent legal advice.

The advantages of such early advice legal advice can be found here.

If you have already been interviewed or face court proceedings we can still make a real difference to the outcome of your case.

Legal aid may well be available to fund your defence at court.

We have offices across the East Midlands and will happily travel across the country to provide representation for all football related offences.

VHS Fletchers offices across the East Midlands

Alternatively you can contact us using the form below.

Contact

 

News

Football law solicitors fight banning order

For many a day trip to see a football match with friends is about more than the match itself.  The journey, banter, songs, food and drink are as important as the match itself in making the day memorable.  Sometimes, however, a combination of these factors can lead to our clients coming to the attention of the police.  This is where our football law solicitors can help.

football law solicitors
Chesterfield crime solicitor Kevin Tomlinson

However just because you are guilty of a crime on a day when you attended a football match does not mean that it is a football related offence.  Such an argument might mean that you can avoid a football banning order with the help of our football law solicitors.

The order would ban you from attending all football matches in the UK for a minimum period of three years so their effects are far reaching.

Experienced Chesterfield crime solicitor Kevin Tomlinson recently represented a grateful client in opposing such an order being made.

 The background to the Allegation

The relevant football match was West Bromwich Albion against Leeds United.  The game ended with a convincing win for the home team.

Our client was later on a train travelling from Birmingham to Derby coming home from the game.  A complaint was made that he was engaging in disorderly conduct.  Police officers became involved and he was described as being drunk and shouting and swearing.  It amounted to an offence contrary to Section 5 Public Order Act 1986.

football law solicitors

Receipt of a postal requisition

The police did not arrest our client at the time but later tried to arrange a voluntary interview but our client chose not to cooperate.  As a result, he simply received a postal requisition notifying him of a court date.

The case was to be heard at Sheffield Magistrates’ Court and he instructed Kevin, a keen football fan himself, to assist.

Guilty plea at Sheffield Magistrates’ Court

Kevin’s client accepted that he was guilty of the offence.  As a result, in order to take advantage of the credit available, he pleaded guilty.  Mitigation was put forward to persuade the Magistrates’ to impose a conditional discharge.  This meant that our client would only be punished if he committed a fresh offence within the next 12 months.

Opposition to a football banning order

football law solicitorsIn addition to the criminal charge the police, through the prosecution, made an application for a football banning order.   You can read more about the circumstances in which such application can be made here.

In summary, if the application was successful, Kevin’s client would not have been able to attend any FA football match in the UK for three years.  As a result, it is important to instruct expert football law solicitors contest any application.

In order to impose a football banning Order it must be shown that the criminal offence was “football related.”  Kevin studied the evidence in the case closely and applied the case law to the circumstances of the case.

He was able to successfully argue that there was no link between the offence his client had pleaded guilty to and the football match his client had been to.  As the court agreed with his argument no order was made.  Kevin’s client was delighted and could continue to attend football matches without restriction.

Contact one of our football law solicitors

If you are arrested or know that the police wish to speak to you about a football related offence then make sure you insist on your right to free and independent legal advice.

The advantages of such early advice legal advice can be found here.

If you have already been interviewed or face court proceedings we can still make a real difference to the outcome of your case.

Legal aid may well be available to fund your defence at court.

We have offices across the East Midlands and will happily travel across the country to provide representation for all football related offences.

VHS Fletchers offices across the East Midlands

Alternatively you can contact us using the form below.

Contact

 

News

Not football related violence says Judge

football related violence
Lincoln Crown Court

A recent case dealt with before Lincoln Crown Court alleged to involved football related violence demonstrated the ability of the expert team at VHS Fletchers to work together to secure an excellent outcome for our clients.

Our clients were able to rely upon the skills of accredited police station representative Rob Lowe,  criminal solicitor Ben Strelley, senior crown court litigator Ruth Campbell and solicitor advocates  Kevin Tomlinson and William Bennett.

The case involved our team representing four clients who were part of a brawl on Lincoln High Street on the day that Lincoln City played Chesterfield Town.  An important question was to be whether this was football related violence or not?

The circumstances of the offending

Police were called towards the end of the afternoon to a large fight taking place on Lincoln High Street.  Around 20 males were fighting using street furniture, chairs and even metal crowd gates as weapons.  These items were being thrown between the opposing parties without consideration for those not involved.  Shoppers included the elderly and children who were forced to flee the violence.

How were our clients identified?

football related violenceAfter the incident the police took steps to try and identify those involved in the offending.  Lincolnshire police ask their Derbyshire colleagues to view CCTV footage and photographs.  There were also national press releases.  As a result, seven of those involved were prosecuted for the incident.

VHS Fletchers were instructed by four of those involved in the violence.  They received our expert legal advice on both the charge of violent disorder and the football banning order applications that might follow.

 Charges of violent disorder

All of the defendants were originally charged with an allegation of violent disorder.  This offence carries a maximum sentence of five years in prison.  Prison is usually inevitable for this charge, even on a guilty plea.

Once the case was transferred to Lincoln Crown Court we began negotiations with the prosecution to see whether a lesser charge of affray would be acceptable.  These discussions were successful and as a result charges of affray were substituted instead.  Although serious, the maximum sentence for affray is one of three years.

Our clients had always accepted that they were in the wrong, but it was important that they faced the correct charge and one that allowed an opportunity to avoid an immediate custodial sentence.  Once the charges were amended, all four of our clients pleaded guilty.

The evidence provided was overwhelming and therefore each client was advised to enter a guilty plea knowing that there was a substantial risk of a custodial sentence.

Once we advanced mitigation on behalf of our clients, the Crown Court judge imposed a suspended prison sentence with unpaid work and financial penalties.

Argument against a football banning order

football related violence
Chesterfield solicitor advocate Kevin Tomlinson

As a result of the conviction the prosecution made an application for a football banning order for each of our clients.  More information about the circumstances in which such orders are made can be found here.

Had the application been successful our clients would not have been able to attend any FA match in the UK for a minimum of 3 years with additional conditions attached.

A pre-condition for imposing a football banning order is that this offence be football related violence.   Having studied the evidence closely, and knowing the relevant case law in great detail, our team led by solicitor advocate Kevin Tomlinson drafted legal argument to serve on the court and prosecution.

Not football related violence

This showed through the evidence that there was no link between this offence and the football match.  Instead, our clients had been in Lincoln coincidentally and had no tickets for the match or intention to go.  As a result, affray was not football related violence.

The court agreed and refused the application made by the prosecution in relation to all of our clients.  Our clients were understandably delighted as they could attend football matches without restriction if they wished.

Contact one of our Football law specialists

If you are arrested or know that the police wish to speak to you about a football related offence then make sure you insist on your right to free and independent legal advice.

The advantages of such early advice legal advice can be found here.

If you have already been interviewed or face court proceedings we can still make a real difference to the outcome of your case.

Legal aid may well be available to fund your defence at court.

We have offices across the East Midlands and will happily travel across the country to provide representation for all football related offences.

VHS Fletchers offices across the East Midlands

Alternatively you can contact us using the form below.

Contact