Football Banning Orders – Out Of Control?

Not much concrete Arsenal news since my last blog on Friday, aside from the reserves getting caned 4-1 by Welling United of the Conference South (six levels below the Premier League) despite us opening the scoring with a screamer from skipper Gavin Hoyte. Apparently there was a “free and frank exchange of views” in the visitors’ dressing room post –match. Quite right too. With the greatest of respect to Welling United a result like that – even taking into account that the game was a pre-season friendly and the young team we selected – is an embarrassment. A lesson learnt about taking all opponents seriously, we can but hope. 

I wasn’t at Welling as I was attending the annual Football Fans’ Parliament, organised by the Football Supporters’ Federation (FSF) held this year at Wembley Stadium. A very interesting day for all those who rocked up. One of the morning breakout sessions was on fans’ rights, policing and stewarding. I learnt some stuff I didn’t know which I think is well worth sharing. It concerns so-called “civil banning orders” made under Section 14(b) of the Football Spectators Act 1989 as amended by the Football (Disorder) Act 2000. 

I confess to being unaware of the sweeping scope of this provision and, more importantly, the VERY low burden of evidence required to obtain a banning order from a Magistrates’ Court. I think it’s worth reproducing the whole clause here: 

14B Banning orders made on a complaint  

(1)  An application for a banning order in respect of any person may be made by the chief officer of police for the area in which the person resides or appears to reside, if it appears to the officer that the condition in subsection (2) below is met.  

(2)  That condition is that the respondent has at any time caused or contributed to any violence or disorder in the United Kingdom or elsewhere.  

(3)  The application is to be made by complaint to a magistrates’ court.  

(4) If—  

(a)  it is proved on the application that the condition in subsection (2) above is met, and  

(b)  the court is 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, 

the court must make a banning order in respect of the respondent. 

Bear in mind that sub-section 14B2 says only that the person must have “contributed to” not have been convicted by a court of an offence of violence or disorder. 

No football supporter I know wants violent nutters anywhere near them at any time, never mind in and around a game. That said, neither do I want legislation on the books that can lead to just about anybody being given a banning order if the police want one. 

We’ve seen in the last couple of years that some police forces and individual officers have abused powers given to them by Parliament for an entirely different purpose. A group of Stoke City supporters quite happily minding their own business in a pub in Irlam on the outskirts of Manchester before their Premier League game at Old Trafford in November 2008 were rounded up by Greater Manchester police and “deported” in buses back to Stoke (including a Potters fan that actually lived in Manchester). 

The publican said the fans were drinking quietly and peacefully. The police rocked up, surrounded the pub and put the fans on buses. Those who had been put on the bus were refused permission to use the pub toilets, being told to pee in empty cups. The police used Section 27 of the Violent Crime Reduction Act 2006 to justify their actions. This gives any police officer the power to require any person to leave an area by a route they may direct for a period not exceeding 24 hours if they believe the person is or may participate in alcohol related disorder. 

To cut a long story short, the Football Supporters’ Federation took up the case working with the civil rights campaign Liberty. Legal action resulted in the supporters receiving a total of nearly £200,000 in compensation. This money of course came out of the pockets of you and me, the taxpayers. 

The police have a sometimes difficult job. I support them in doing it. I expect them to exercise appropriate restraint and act proportionately at all times. After the conference on Saturday I was chatting to an Everton supporter, a pleasant and intelligent man in his sixties. On a trip to a game at St James’ Park to play Toon the coach that he was on, organised by one of the Toffees supporters’ clubs was stopped by Northumbria Police. The whole coach was turned out and everybody body-searched. The police appeared upset when they found no alcohol or stash of weapons. 

After the match he queued up for something to eat with a few mates at a burger fan outside the ground. He and his mates were told that they had to leave Newcastle straight away. When he told the officer that the coach that they were on was carrying three disabled supporters, including one wheelchair user who wouldn’t return to the coach for at least ten-fifteen minutes and that all they wanted was something to eat before they got back on the coach, he was told he would be arrested if he didn’t get back on the coach straight away. No reason was given. He was just told, “Move or you’ll be arrested.” 

This sort of indignity is foisted on supporters quite happily minding their own business and trying to enjoy a day out at the match every single week of the season. I’ve suffered it too. Before anybody starts banging on about bleeding heart liberals or no smoke without fire, the chairman of the FSF Malcolm Clarke is a Stoke City fan too. At considerable personal risk to himself he has given prosecution evidence in a case which resulted in football banning orders for racist fans of his own club. A fact that’s often overlooked is that the single biggest group that suffers from football related disorder are football fans. 

That problem can’t and shouldn’t be used by power-mad police officers to harass citizens peacefully minding their own business. If you think likewise and you’re prepared to do something about it, get in touch with Amanda Jacks at the FSF: 

amanda.jacks@fsf.org.uk 

Also check out the FSF website at: 

http://www.fsf.org.uk 

Keep the faith! 

vic@arsenalinsider.com

Vic Crescit

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