Football Banning Orders (FBOs) are a serious legal measure aimed at tackling violence and disorder associated with football matches. If you’ve been involved in any football-related incident, whether it was minor or more serious, you might be worried about the possibility of being issued an FBO. In this article, we will take you through what an FBO is, how it can affect you, how to challenge it, and what to do if you find yourself in breach of one.
What is a Football Banning Order (FBO)?
A Football Banning Order is a civil order made by a court, typically after a person has been convicted of a football-related offence. These orders are designed to reduce violence and disorder – a phenomenon often referred to as “hooliganism” – that can occur in connection with football matches. The idea is to prevent people who have shown violent or disorderly behaviour from attending matches, thus ensuring that the atmosphere at these events remains safe and enjoyable for the majority of fans.
FBOs are generally applied after a conviction for an offence related to football, but they can also be imposed in cases where a person has been involved in violence or disorder, even without a criminal conviction. These orders are intended to deter disruptive behaviour and promote a positive environment for football fans.
The Process of Issuing an FBO
The process of issuing an FBO begins with either a conviction for a football-related offence or an application to the court made by the police. In most cases, an application for an FBO is made to the Magistrates’ Court. Here, the police may present evidence to the court showing that an individual has been involved in disorderly conduct related to football.
Importantly, an FBO can also be issued based on intelligence reports and allegations, even if the person hasn’t been convicted of a crime. This means that the police can apply for a Football Banning Order even if there hasn’t been a criminal charge or trial, as long as there is sufficient evidence suggesting that the person is a risk to the safety and orderliness of football matches.
What Does an FBO Do?
An FBO typically prevents a person from attending any regulated football match within the UK. This can be a significant restriction, especially for those who are passionate about the sport. The order may also extend to prohibiting attendance at matches held abroad, and in some cases, the individual may be required to surrender their passport to ensure they cannot travel to overseas games.
The specific terms of an FBO can vary depending on the circumstances of the case, but common restrictions may include:
- A complete ban from attending football matches, both domestically and internationally.
- Surrendering a passport to prevent travel to overseas football matches.
- Restrictions on movement around stadiums or areas where football matches are being held.
How Long Does an FBO Last?
The duration of an FBO can range from a minimum of three years to a maximum of ten years. The length of the order is determined by the severity of the offence and the individual’s previous history. For instance, someone who has been involved in violent behaviour at multiple matches might be subject to a longer ban than someone with a first-time minor offence.
How Can an FBO Be Challenged?
If you’ve been issued with a Football Banning Order, you might feel that it is unfair or that the evidence against you doesn’t justify such a restriction. Fortunately, it is possible to challenge an FBO. If you believe that the order has been wrongly imposed or that the restrictions are too harsh, you can seek legal advice to explore your options.
When challenging an FBO, a solicitor will typically assess the evidence provided by the police and determine whether the order was justified. If the order was based on intelligence reports or allegations, the solicitor may argue that there isn’t sufficient evidence to warrant a ban. It’s important to note that challenging an FBO may involve presenting your case in court, so having legal representation is highly recommended.
Accepting an FBO
In some cases, it may be in your best interests to accept an FBO, especially if the evidence against you is strong. However, just because you choose to accept the order doesn’t mean that the terms cannot be negotiated. A solicitor can help to ensure that any restrictions placed on you are as fair as possible. For example, the solicitor may negotiate for more lenient terms that allow you more freedom of movement, depending on the circumstances.
What Happens If You Breach an FBO?
Breaching a Football Banning Order is a criminal offence. If you are found to have attended a football match or violated any other terms of the order, you can be arrested and charged. The penalties for breaching an FBO can be severe, including up to six months in prison.
If you have accidentally breached an FBO or if you are facing charges for breaching it, it is essential to seek legal advice immediately. A solicitor can help you understand the legal consequences and provide guidance on the best course of action to take. It’s crucial not to ignore a breach, as doing so could lead to more severe penalties.
Early Termination of an FBO
If you’ve served part of your FBO and believe that your behaviour has improved, you may be able to apply for early termination of the order. Typically, you can apply to the court for early termination after completing two-thirds of the order.
When applying for early termination, the court will consider various factors, such as your character and conduct since the order was made, the nature of the original offence, and any circumstances that may have contributed to it. If you’ve demonstrated good behaviour and there are no further concerns about your involvement in football-related disorder, there is a possibility that the court may agree to remove the order early.
Other Football-Related Offences Leading to FBOs
Football Banning Orders often follow serious offences such as violent disorder, affray, assault, possession of drugs, possession of flares, or involvement in hate crimes at football matches. While these offences are directly linked to football, the behaviour can be deemed unacceptable in any public context.
If you are facing charges for any of these offences, it’s essential to understand that the repercussions can extend beyond the legal case itself. A conviction for any of these offences could lead to an FBO, significantly restricting your ability to attend matches and affecting your enjoyment of the sport.
How Can Legal Help Assist?
If you are facing an FBO, whether through an application or as part of a criminal conviction, seeking legal help is essential. A solicitor who is experienced in handling football-related offences can represent you at every stage of the process. They can provide crucial support, whether you are challenging an FBO or negotiating the terms of an accepted order.
Legal professionals can also assist you in applying for early termination if you believe you have shown enough improvement. With their expertise, they can ensure that your case is handled professionally and that you understand all your options and rights.
Conclusion
Football Banning Orders are a powerful tool used to combat violence and disorder in football, but they come with significant consequences for those who are subjected to them. Whether you are facing an FBO due to a conviction or an application by the police, it’s crucial to understand the process, your rights, and how to handle the situation.
If you find yourself in a position where you need to challenge or accept an FBO, or if you are at risk of breaching one, seeking legal advice is essential. A solicitor can help you navigate the legal process, minimise the impact on your life, and ensure that your rights are protected. With the right support, you can manage the situation and work towards a positive outcome.
