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Football banning orders
25/05/2008
Justice Secretary Kenny MacAskill has written to the Home Secretary pressing for urgent action on Football Banning Orders (FBOs), in the aftermath of the trouble which flared in Manchester after the recent UEFA Cup Final.
Currently fans subject to English versions of FBOs can still attend matches in Scotland as the Scottish Parliament does not have competence to extend FBOs imposed on fans convicted of an offence in England to cover games north of the border.
FBOs imposed under Scots law (the Police, Public Order and Criminal Justice (S) Act 2006) prohibit the individual concerned from attending football matches throughout the UK, whereas FBOs imposed under English and Welsh law do not apply to matches played in Scotland.
Scottish Government officials have been working closely with the Home Office and Scotland Office to close the loophole.
The Football Spectators and Sports Grounds Bill, prepared by Home Office and laid at Westminster by Russell Brown MP has not made any Parliamentary progress and until it does or the provisions are contained in a UK Government Bill, the legislative gap will remain.
Mr MacAskill said:
"Together with the police on both sides of the border we must protect the well-behaved and true football supporters whose good name has been tarnished in recent weeks by the mindless actions of the minority in Manchester following the UEFA Cup final.
"It is extremely regrettable that this minority of supporters marred what was otherwise a friendly, carnival atmosphere. The sickening attack on the police officer was unacceptable. Police officers should not be used as punch bags and should be treated with respect.
"We need to send a strong message to the thugs and hooligans that it won't be tolerated. Their behaviour is unacceptable in our towns and cities and not wanted in our stadia. They will be punished by the courts and banned from the grounds.
"That is why I have written to the Home Secretary to ask her to confirm when the legislation to close this loophole on Football Banning Orders will be finally enacted.
"I want to see this done as soon as is possible so that if necessary in the future people causing problems at football matches south of the border can be prevented from attending matches and wreaking havoc in Scotland."
Individuals arrested in Manchester around the UEFA Cup Final are being dealt with under English law and therefore any FBOs imposed on conviction will not apply in Scotland. It is possible for Scottish police to use intelligence from matches played in England, such as the UEFA Cup Final, to support applications to the courts in Scotland for civil FBOs in respect of individuals resident in Scotland.
The Scottish Government are liaising with ACPOS, the Scottish Court Service, and COPFS to monitor the implementation of FBOs in Scotland. Twenty FBOs have been imposed in Scotland since the legislation came into force in September 2006, and we are examining ways to improve the uptake.