Views are being sought on whether the law on Football Banning
Orders (FBOs) should be updated to crack down on pyrotechnics use
and other forms of football-related disorder.
Community Safety Minister has launched a public
consultation seeking views and evidence on the legislation around
FBOs and whether it needs to be improved so it meets current
needs.
FBOs are court orders that prevent individuals from attending all
regulated matches in the UK, and they can be imposed for engaging
in violence or disorder. The consultation will explore whether
extending the reach of FBOs could be an effective deterrent
against disorder such as pyrotechnics misuse, online abuse and
other emerging challenges associated with the game.
The consultation was informed by an expert group including
football authorities and justice agencies, set up by the Scottish
Government last year.
Ms Brown said:
“Football fans are passionate about the sport, supporting their
club and of course our national team. The vast majority of
supporters are well-behaved and want to enjoy football safely.
However, the behaviour of a small minority can put others at risk
and spoil their enjoyment of the game and have consequences for
the football club. Whilst we have significantly strengthened the
law to tackle pyrotechnic misuse in recent years, so that those
who carry fireworks and flares into football stadia can
face fines and up to six months in prison, pyrotechnic
misuse at games remains an issue.
“The legislation governing Football Banning Orders in Scotland
was introduced in 2006, when the use of flares at matches and
harmful social media behaviour associated with the game were much
less common. While FBOs can already be imposed on conviction for
pyrotechnics offences that involve violence or disorder, we want
to hear from people whether the law needs to change so these
orders could be used more widely for pyrotechnics possession and
misuse - ultimately to become a more effective deterrent and keep
people safe.
“We have worked with football authorities, fans' groups and
justice partners on this consultation and I would encourage
anyone with an interest to give their views.”
Alan Marshall, Chair of the Football Safety Officers Association
Scotland, said:
“The Football Safety Officers Association Scotland welcomes the
launch of this consultation.
“Safety officers across the country see first-hand the evolving
challenges in ensuring a safe environment at football matches,
including the increased misuse of pyrotechnics, which are illegal
and becoming a bigger issue at football matches across Europe.
“Football Banning Orders are an important tool in helping prevent
disorder, and to help stop the actions of a small number of
supporters negatively impacting the experience of law-abiding
football fans. It is appropriate that the legislation is reviewed
to reflect modern realities.”
Background
Consultation on Football
Banning Orders.
Membership of the expert group is made up of representation from
the Scottish Professional Football League and Scottish Football
Association, Football Safety Officers Association, Crown Office
and Procurator Fiscal Service, Police Scotland, British Transport
Police, Scottish Government.
An FBO can be applied to prohibit a person from attending any
regulated football match in the United Kingdom for up to 10
years. An FBO can be imposed on a person over 16 years if they
are convicted of an offence that involved them engaging in
violence or disorder related to a football match.
Courts can impose an FBO on conviction for an offence instead of,
or in addition to, a sentence. The court must be satisfied that
the offence involved engaging in violence or disorder related to
a football match. The court must also be satisfied that there are
reasonable grounds to believe that making the order would help to
prevent violence or disorder at or in connection with any
football matches.
The legislation also provides for an FBO to be imposed against an
individual by a court on summary application by police if the
sheriff is satisfied that the person has been involved in
violence and disorder at any time in the UK or elsewhere. The
police must evidence that a person has caused or contributed to
violence or disorder in the UK or elsewhere and that the
imposition of a banning order would help prevent football-related
disorder occurring in the future.
More information on the Fireworks and Pyrotechnic
Articles (Scotland) Act 2022
More information on Football Banning
Orders
