Tag Archives: football banning order

Prison avoided for football related offence

football related offenceIt doesn’t matter if you support a Football team that is winning trophies each year, or a team simply trying to avoid relegation.  The exhilaration of a last minute equaliser, or if you are really lucky a last minute winner, is simply indescribable.

Unfortunately, that 30 seconds of exhilaration could be cut short if your actions result in you being drawn to the attention of the police if your celebrations have gone too far.

Recently Chesterfield football law solicitor Ben Strelley represented a young client in both police interview and Chesterfield Magistrates’ Court.  He had run onto the pitch to celebrate a 93rd minute equaliser at the Chesterfield Town against Ebbsfleet United match.

The Allegation

For those who didn’t follow Chesterfield Town closely during the 2018-2019 league season, it is fair to say it wasn’t its finest year.

In this particular match, Chesterfield had gone 3-0 down to the away team after only 45 minutes.  Slowly the Spireites found their feet and clawed back two goals before time added on.

In the 93rd minute Will Evans scored an equaliser to square the game and complete the comeback.

Like many of the 4123 fans in attendance our client, a Chesterfield Town fan, was elated with the goal.  So overwhelmed was he by the turnaround he ran on to the pitch with others to celebrate with the Chesterfield Town players.

 

After the Match

The police were in attendance at the game and had recorded the celebrations of the fans.  They subsequently contacted our client to arrange a voluntary interview.  He had the good sense to contact Ben for his expert free and independent legal advice in this interview.

The allegation our client faced was that he had committed an offence under sections 4 and 5 of the Football (Offences) Act 1991 by entering the field of play.  Although it is possible for a suspect to raise a defence, they must have lawful authority or excuse to be on the pitch, and must prove that this is the case.

 Guilty plea at Chesterfield Magistrates’ Court

football related offence
Chesterfield football law solicitor Ben Strelley

Football law solicitor Ben Strelley attended court with his client.  He was unable to put forward a defence to the charge so pleaded guilty at the first possible opportunity.  This would afford him full credit for his plea.

Although this offence would not usually attract a prison sentence, our client had committed this offence during the currency of a suspended sentence order.  This means that there was a real risk that this offence would trigger the activation of the suspended sentence.  To avoid this, Ben would have to argue successfully that to activate the sentence would be unjust.

Ben spent the time necessary with his client to be able to provide detailed, structured personal mitigation on behalf of his client.  This resulted in his client avoiding what might have seemed an inevitable prison sentence.   Instead the suspended sentence was varied and he was ordered to undertake 40 hours of additional unpaid work as well as a fine for the new offence.

A football banning order was also imposed.  Sometimes it is impossible to mount a successful opposition to these applications! Nonetheless, our client was delighted with the outcome and the fact that he had kept his freedom due to Ben’s expert advice and representation.

Expert representation for a football related offence

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.

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Not football related violence says Judge

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 Lowecriminal 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?

After 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

 

 

Successful appeal against football banning order

Nottingham based solicitor advocate Graham Heathcote was recently instructed by a client to appeal the imposition of a football banning order imposed at Nottingham Magistrates’ Court.

The History of the case

football banning order
Solicitor advocate Graham Heathcote

Our client appeared before the Nottingham Youth Court for assaulting a police office in the execution of his duty and assault occasioning actual bodily harm.

This followed an incident at the bar close to Notts County’s Meadow Lane ground.  This was prior to the County v Coventry League 2 match.

The bar had chosen not to exclude Coventry City supporters on that day.  An hour before the match the police were called to eject some Coventry fans who were being unruly and disruptive.   Door staff had been unable to cope with the hostile group in the bar, and a smoke bomb had been let off inside.

Police also entered the terrace area of the bar to eject a male who had been aggressive towards the officers themselves. He complied with a request to leave but our client had client pushed the officer and attempted to strike him.

During the struggle to arrest our client, the officer felt pain in his right finger.  It was subsequently found to be broken.

Our client had entered a guilty plea in the Youth Court and as it was his first conviction received a referral order.  Unfortunately the court also imposed a football banning order preventing him from attending football matches within the UK.

It did not appear, however, that this was a football related offence and as a result our client decided to appeal the decision to impose the football banning order to Nottingham Crown Court.

 Advice and representation at appeal

In order to impose a football banning order it must be shown that the criminal offence was “football related.” The argument in this case was that the incident was unconnected to football.  Instead it was an incident that arose  upon the police attempting to remove people from a bar.

Upon a close examination of the evidence it was clear that this argument had merit.  As a result, Graham Heathcote represented our client at appeal, instructed by litigator Freddie Sail.

The appeal was opposed by the prosecution. The prosecutor maintained, as they had in the Youth Court, that the criteria for a football banning order had been met.  As a result it had been properly imposed.

Football banning order removed

Having considered the evidence and Graham’s representations the Crown Court judge and Magistrates agreed.  The appeal was successful and the football banning order was removed.

Our client was obviously delighted and could continue to attend football matches unobstructed.

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

Football Banning Orders – When are they made?

What are football banning orders?

Football Banning Orders are a type of court order, usually made after a conviction for a ‘football related’ offence. They can last between three and ten years and will include one or more conditions which you must obey. Breach of a Football Banning Order is a criminal offence punishable by up to six months in prison.

How often are football banning orders imposed?

As at August 2018 there were 1822 Football Banning Orders in force.  This represents a fall of 6% over the previous season.

460 Football Banning Orders were imposed last season, down 57 from the previous year.

The good news for fans is that there were only 3.5 arrests for every 100 000 people who attended football matches.  Again, this is a reduction on the previous year.  Supporters of Championship clubs continued to account for the largest proportion of banning orders, with 34% of the total, or 621 orders.

What terms can be included in Football Banning Orders?

The conditions of football banning orders can include:

  • Preventing you from attending football matches at home or abroad;
  • Preventing you from going to a specific place or area for a period beginning two hours before a match starts until two hours after it finishes. In some cases this can include public transport or entire towns.
  • Surrendering your passport before international football matches.
  • Reporting at a local police station.

Exactly what conditions are made may vary depending on the facts of each case, however many Courts have ‘boilerplate’ Banning Orders- i.e. a pre-set list of ‘standard’ conditions which appear on most Orders that they make.

How could I be subject to a Football Banning Order?

Football Banning Orders were originally designed to prevent football hooliganism in the late 1980s but many supporters now finding themselves facing them, sometimes after conviction for minor offences or even where they haven’t been convicted of any offence at all. There are two possible ways to end up with one:

a)   After Conviction

The court must make a Football Banning Order if you are convicted of a ‘relevant offence’ and it is satisfied that there are reasonable grounds to believe that making a banning order would help to prevent violence or disorder. It is for the Prosecution to show that an order should be made because the offence was, in some way, football related. Relevant offences include:

  • Possession of alcohol or being drunk while entering/trying to enter ground;
  • Disorderly behaviour;
  • Any offence involving the use or threat of violence towards another person or property;
  • Any offence involving the use, carrying or possession of an offensive weapon;
  • Drunk and disorderly;
  • Driving or being in charge of a vehicle with excess alcohol, or driving or being in charge of a vehicle while unfit through drink or drugs.
  • Throwing of missiles at a football match;
  • Indecent or racialist chanting;
  • Going onto the playing area;
  • Unauthorised sale of tickets.

b)   ‘On Complaint’

The police can also apply for a Football Banning Order if an officer believes that you have (at any time) caused or contributed to any violence or disorder in the United Kingdom or elsewhere. These applications are usually based on police intelligence reports from football games. Many fans returning from EURO 2016 found themselves facing these applications despite not being charged or convicted in connection with any alleged behaviour in France.

If the court is satisfied that there are reasonable grounds to believe it would help to prevent future football-related violence or disorder, they will make a Football Banning Order.

Can I fight it?

Yes.  Just because an application is made does not mean that it will be successful.  We will provide you with advice  so that you can resist the imposition of a Football Banning Order.

I already have a Football Banning Order. Can I apply to have it removed early?

Yes. You can apply to the court after two thirds of the order length has been completed.  For example, this could be after two years of three year order. The court will consider your character, your conduct since the Order was made, the nature of the offence or conduct which led to it and any other circumstances which appear to be relevant.

Can I get Legal Aid?

football banning order legal aidIf you qualify financially, yes.

If you do not qualify for means tested criminal Legal Aid we can provide you with an affordable fixed quote.  This is so you will know in advance exactly how much our fees will be.

Contact an expert solicitor for advice about a football banning order

If you face investigation by the police, or proceedings before the Magistrates’ or Crown Court for a football related offence then you will wish to instruct a specialist solicitor.   They will be able to give you the advice and representation so that you can secure the best outcome from you.

As a result, if you are arrested or know that the police wish to speak to you about an offence then make sure you insist on your right to free and independent legal advice.

The advantages of such early 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.

 You can find your nearest office here.

grievous bodily harm
VHS Fletchers offices across the East Midlands

Alternatively you can use the contact form below:

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