A Football Banning Order is a civil order designed to prevent football hooliganism, often imposed following a conviction for a football related offence although they can also be applied for even if a person is not convicted of any criminal offence. Laura Baumanis, Specialist Football Banning Order Lawyer at Olliers Solicitors, discusses the circumstances where courts may terminate football banning orders early.
How Long Do Football Banning Orders Last?
If a Football Banning Order is sought where there is no conviction, an order of between two and three years can be imposed. Upon conviction, where there is no period of immediate imprisonment, an order for a period of three to five years can be imposed, and where an immediate custodial sentence is given, an order must last for a minimum of six years to a maximum of ten years.
Is it Possible to Terminate a Football Banning order?
In short, yes. It is possible to make an application to the court to terminate a Football Banning Order early. Section 14H of the Football Spectators Act 1989 allows such application to be made after two thirds of the order has had effect. For example, if an order has been made for a period of three years then it would be possible to apply to the court after a period of two years has expired. An application will need to be made to the Magistrates’ Court at which the Football Banning Order was granted and notice will be given to the police force who applied for such order as they will be the respondent in the case. The case will then be listed for an oral application to be heard.
What Factors will the Court consider in deciding whether to end a Football Banning Order early?
The court will consider various factors in deciding whether to grant such application or not including the following:
- The person’s character;
- His conduct since the banning order was made;
- The nature of the offence or conduct which led to it; and
- Any other circumstances which appear to the court to be relevant.
Will the Police Oppose the Early Termination of a Football Banning Order?
Each police force area is different. It is our experience that some police forces will actively oppose the application, some will make no response to the application and some will make a generic response indicating, for example, that no further offences have been committed. A police prosecutor may attend court in person to oppose the application but this is not always the case.
Need help? Olliers are specialist Football Banning Order Lawyers (London & Manchester)
If you are considering making such application we would suggest you contact our specialist football offence solicitors David Philpott and Laura Baumanis on 0161 8341515 or you can email Laura or David.
