tag:blogger.com,1999:blog-6110794854146484721.post5670119175586646701..comments2024-03-28T09:08:50.733+00:00Comments on Law and Lawyers: Football Banning OrdersObiterJhttp://www.blogger.com/profile/04544226917595022902noreply@blogger.comBlogger11125tag:blogger.com,1999:blog-6110794854146484721.post-31546603350107502222016-02-06T13:25:36.223+00:002016-02-06T13:25:36.223+00:00NO unless the order itself specifically permits it...NO unless the order itself specifically permits it or permission of the court is sought.ObiterJhttps://www.blogger.com/profile/04544226917595022902noreply@blogger.comtag:blogger.com,1999:blog-6110794854146484721.post-19281005727310085152016-02-05T22:06:32.190+00:002016-02-05T22:06:32.190+00:00If somebody has a banning order from regulated gam...If somebody has a banning order from regulated games, do you think they would be able to attend a testimonial match that is not competitive whatsoever?Anonymoushttps://www.blogger.com/profile/01635239070230263506noreply@blogger.comtag:blogger.com,1999:blog-6110794854146484721.post-55106094057252237882012-07-15T22:10:38.107+01:002012-07-15T22:10:38.107+01:00My son was given a banning order, although we did ...My son was given a banning order, although we did manage to get it overturned on appeal. The reason for his 'crime' was however hardly the actions of a true football hooligan!<br /><br />He had been standing at the very bottom of the stand, where a low wall seperated the stand from the pitch. When the away team scored, he took out his frustration by slapping a 3/4 empty small water bottle that was standing on the wall. The bottle must have traveled somewhere between 10-15 feet in total and ended up rolling a couple of feet onto the playing surface. He was arrested and charged with 'throwing a missile' and ended up in court for the only time in his life. He pleaded guilty and was fined, but also amazingly, the magistrate imposed a 3 year banning order, even though he had never been in any trouble with police over anything before! I think this put the whole issue of banning orders into disrepute. The good news was that the appeal court also agreed that it was ridiculous.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6110794854146484721.post-77158704231670287172012-02-15T10:11:39.866+00:002012-02-15T10:11:39.866+00:00In the only case I have seen as a magistrate where...In the only case I have seen as a magistrate where a FBO was sought the conditions were made out but we decided that it would be disproportionate in all the circumstances.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6110794854146484721.post-65206281249720740162012-02-12T17:46:48.901+00:002012-02-12T17:46:48.901+00:00Must it be so complicated?
"Misbehaved: met ...Must it be so complicated?<br /><br />"Misbehaved: met criteria from list a, admitted, banned". It just strikes me that there was a lot of waffle in that legal basis and very little content.Noisenoreply@blogger.comtag:blogger.com,1999:blog-6110794854146484721.post-74915692032589655752012-02-12T09:03:34.703+00:002012-02-12T09:03:34.703+00:00If a football match is likely to lead to serious d...If a football match is likely to lead to serious disorder the match should be banned and the peace preserved. It's only 22 men kicking a bit of cow's bottom round a field and the ordinary life of the community is more important.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6110794854146484721.post-28112681676680992462012-02-10T20:19:16.384+00:002012-02-10T20:19:16.384+00:00Apologies- my fault for not referencing it. I make...Apologies- my fault for not referencing it. I make this point because the matter was raised before the Divisional Court in the case of Gough v Chief Constable of Derbyshire [2002] QB 459. In that case the court acknowledged that a national citizen's freedom of movement under European Community Law is engaged when a court is considering imposing a Football Banning Order. Providing the relevant considerations are satisfied, the court stated that they are a 'lawful and proportionate restriction'. The point I seek to make is that as the citizen's freedom of movement is engaged (and indeed restricted) where a Football Banning Order is imposed, it seems to me that it is in the interests of justice for a person to be legally aided. Although a completely separate point, one also has to bear in mind that a person can be sent to prison for breach of such an order- at which point the individual's Article 6 rights would of course come into play.LegalEaglehttps://www.blogger.com/profile/12496612550909837458noreply@blogger.comtag:blogger.com,1999:blog-6110794854146484721.post-83515448863579294542012-02-09T14:24:44.706+00:002012-02-09T14:24:44.706+00:00"I say this because the imposition of such or..."I say this because the imposition of such orders is undoubtedly an interference with the person's human rights."<br /><br />Whilst not having the legal knowledge required to disagree with your opinion it would be helpful to know upon what do you base this opinion.The Justice of the Peacehttp://thejusticeofthepeace.blog.co.uknoreply@blogger.comtag:blogger.com,1999:blog-6110794854146484721.post-69620093719579872402012-02-09T10:29:57.139+00:002012-02-09T10:29:57.139+00:00Yes, a representation order is a possibility for p...Yes, a representation order is a possibility for proceedings under the Football Spectators Act 1989 sections 14B, 14D, 14G, 14H, 21B and 21D which are deemed criminal for legal aid purposes.<br /><br /><a href="http://www.legalservices.gov.uk/docs/cds_main/criminal_legal_aid_manual_feb_2012.pdf" rel="nofollow">Criminal Legal Aid Manual Schedule 15</a>ObiterJhttps://www.blogger.com/profile/04544226917595022902noreply@blogger.comtag:blogger.com,1999:blog-6110794854146484721.post-71254196199302060692012-02-08T22:51:20.193+00:002012-02-08T22:51:20.193+00:00It is certainly possible to apply for a rep order ...It is certainly possible to apply for a rep order even for free standing applications. Criminal Legal Aid Manual Schedule 15.failedtheologianhttps://www.blogger.com/profile/14596346386790806621noreply@blogger.comtag:blogger.com,1999:blog-6110794854146484721.post-72998959019586161462012-02-07T21:06:26.390+00:002012-02-07T21:06:26.390+00:00Interesting blog. I've only ever represented o...Interesting blog. I've only ever represented one person where the issue of a football banning order came up. The defendant had been charged with throwing a 'missile' at rival supporters (which he accepted doing and, as a result, duly pleaded guilty to the offence). The Crown's application for a FBO was unsuccessful because they had failed to comply with the statutory provisions regarding notifying the accused of the intention to make the application. <br /><br />In relation to the issue posed by your blog, putting aside the means testing, I believe that it is in the interests of justice for individuals to get legal aid in such proceedings. I say this because the imposition of such orders is undoubtedly an interference with the person's human rights. A lawyer is, one might think, best placed to query whether the proposed interference is necessary and proportionate in any given situation. Consideration also has to be given to what can happen if one breaches such an order. It seems to me that the imposition of these orders is not taken particularly seriously by the courts when perhaps it ought to be.LegalEaglehttps://www.blogger.com/profile/12496612550909837458noreply@blogger.com