UK Offence Report

Football Banning Orders

article 5(1) of The Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

1 A person who fails to comply with any requirement imposed on the person by a football banning order made under section 51 or 52 of the Act commits an offence.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
a person
Conduct
failing to comply with a notice or direction
Fault element
Strict liability
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a person meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

What would breach article 5(1)?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. On these words an offence is committed where a person fails to comply with any requirement imposed on the person by a football banning order made under section 51 or 52 of the Act.
  2. Being served with a notice under the Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 and doing nothing by the date it specifies.
  3. Doing part of what the notice requires, where it required all of it.
  4. Disagreeing with the notice and ignoring it, rather than using whatever appeal the instrument provides.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
Unlimited
Standard scale
Level 5
Maximum prison (summary)
3 months

level 5 is unlimited in England and Wales for offences committed on or after 12 March 2015 (LASPO 2012 s.85, S.I. 2015/664).

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

The Ministry of Justice records offences under this instrument against offence code 9538 — 09538 - Without consent of Commissioner of H M Revenue and Customs making unauthorised paragraph 1 disclosure (Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007). That code may cover several provisions of the instrument, so a count against it is not a count of prosecutions under this provision alone.

No published per-offence figure was found for this provision. Offences created by statutory instrument very largely do not have their own code in the MoJ’s Outcomes by Offence data tool. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
28 March 2007
In force from
Not determined
Extent
E+W+S+NI

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Order) — the explanatory note published with the instrument, © Crown copyright.

This Order makes provision and modifications in consequence of the Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10) (“the Act”). Article 3 makes provision to enable persons not covered by the Act to disclose information to the Scottish Crime and Drug Enforcement Agency (“the Agency”) and the Police Complaints Commissioner for Scotland (“the Commissioner) to enable the Agency and Commissioner to exercise any of their functions under the Act. Article 3 also provides that it will be an offence for any person to disclose information which has been sent to the Agency or the Commissioner by the Commissioners for Her Majesty’s Revenue and Customs, without obtaining their consent. Provision is also made in Article 3 for conditions on the further disclosure of information by a person, public body or office holder where that information has been disclosed to them by the Agency or Commissioner and such further disclosure is not covered by the relevant provisions of the Act. Article 4 enables agreements to be made to establish and maintain procedures in Scotland for reviewing certain complaints made about the acts and omissions of the British Transport Police, the Civil Nuclear Constabulary, the Ministry of Defence Police, the Serious Organised Crime Agency, Her Majesty’s Revenue and Customs and immigration officers and officials who exercise certain types of enforcement functions which relate to asylum or immigration. The agreements will not be able to establish any procedures for reviewing complaints which may constitute a criminal offence or contain a statement about the terms and conditions of a person’s service or employment. An agreement which is entered into under this article will have no effect on any action carried out any person or body about whom complaints procedures can be established under this article when that person or body is outside Scotland. Article 4 also makes provision about the sharing of certain information between the Commissioner and the Parliamentary Commissioner for Administration. Article 5 makes it an offence in England, Wales and Northern Ireland to fail to comply with any requirement imposed on a person by a football banning order made under section 51 or 52 of the Act. Article 6 and the Schedule make modifications of primary and secondary legislation in consequence of the Act.

Read the full note and every offence in this instrument

What Parliament said

Mentions of this instrument in Hansard. Parliamentary material is reused under the Open Parliament Licence v3.0.

Other offences in the same instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.92.

Basis
the provision says a person “commits an offence”
Confidence
0.92 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source