Football Spectators Act 1989

[F1Part IIE+W Regulated football matches]

[F2Preliminary]E+W

F314[ Main definitions.]E+W

(1)This section applies for the purposes of this Part.

(2)“Regulated football match” means an association football match (whether in [F4the United Kingdom] or elsewhere) which is a prescribed match or a match of a prescribed description.

[F5(2A)“Regulated football organisation” means an organisation (whether in the United Kingdom or elsewhere) which—

(a)relates to association football, and

(b)is a prescribed organisation or an organisation of a prescribed description.]

(3)“External tournament” means a football competition which includes regulated football matches outside [F6the United Kingdom].

(4)“Banning order” means an order made by the court under this Part which—

(a)in relation to regulated football matches in [F7the United Kingdom], prohibits the person who is subject to the order from entering any premises for the purpose of attending such matches, and

(b)in relation to regulated football matches outside [F7the United Kingdom], requires that person to report at a police station in accordance with this Part.

(5)“Control period”, in relation to a regulated football match outside [F8the United Kingdom], means the period—

(a)beginning five days before the day of the match, and

(b)ending when the match is finished or cancelled.

(6)“Control period”, in relation to an external tournament, means any period described in an order made by the Secretary of State—

(a)beginning five days before the day of the first football match outside [F9the United Kingdom] which is included in the tournament, and

(b)ending when the last football match outside [F9the United Kingdom] which is included in the tournament is finished or cancelled,

but, for the purposes of paragraph (a), any football match included in the qualifying or pre-qualifying stages of the tournament is to be left out of account.

(7)References to football matches are to football matches played or intended to be played.

(8)“Relevant offence” means an offence to which Schedule 1 to this Act applies.

[F10(9)The Secretary of State may by regulations amend paragraph 1 of Schedule 1 so as to add, modify or remove a reference to an offence or a description of offence.

(10)Regulations under subsection (9) may make consequential amendments to this Act.

(11)A statutory instrument containing regulations under subsection (9) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.]

[F11Banning orders]E+W

F1214A[Banning orders made on conviction of an offence.]E+W

(1)This section applies where a person (the “offender”) is convicted of a relevant offence.

[F13(2)The court must make a banning order in respect of the offender unless the court considers that there are particular circumstances relating to the offence or to the offender which would make it unjust in all the circumstances to do so.

(3)Where the court does not make a banning order it must state in open court the reasons for not doing so.]

[F14(3A)For the purpose of deciding whether to make an order under this section the court may consider evidence led by the prosecution and the defence.

(3B)It is immaterial whether evidence led in pursuance of subsection (3A) would have been admissible in the proceedings in which the offender was convicted.]

(4)A banning order may only be made under this section—

(a)in addition to a sentence imposed in respect of the relevant offence, or

(b)in addition to an order discharging him conditionally.

[F15(4A)The court may adjourn any proceedings in relation to an order under this section even after sentencing the offender.

(4B)If the offender does not appear for any adjourned proceedings, the court may further adjourn the proceedings or may issue a warrant for his arrest.

[F16(4BA)If the court adjourns or further adjourns any proceedings under subsection (4A) or (4B), the court may remand the offender.

(4BB)A person who, by virtue of subsection (4BA), is remanded on bail may be required by the conditions of his bail—

(a)not to leave England and Wales before his appearance before the court, and

(b)if the control period relates to a regulated football match outside the United Kingdom or to an external tournament which includes such matches, to surrender his passport to a police constable, if he has not already done so.]

(4C)F17... the court may not issue a warrant [F18under subsection (4B) above] for the offender's arrest unless it is satisfied that he has had adequate notice of the time and place of the adjourned proceedings.]

(5)A banning order may be made as mentioned in subsection (4)(b) above in spite of anything in [F19sections 79, 80 and 82 of the Sentencing Code] (which relate to orders discharging a person absolutely or conditionally and their effect).

[F20(5A)The prosecution has a right of appeal against a failure by the court to make a banning order under this section—

(a)where the failure is by a magistrates' court, to the Crown Court; and

(b)where it is by the Crown Court, to the Court of Appeal.

(5B)An appeal under subsection (5A)(b) may be brought only if the Court of Appeal gives permission or the judge who decided not to make an order grants a certificate that his decision is fit for appeal.

(5C)An order made on appeal under this section (other than one directing that an application be re-heard by the court from which the appeal was brought) is to be treated for the purposes of this Part as if it were an order of the court from which the appeal was brought.]

(6)In this section, “the court” in relation to an offender means—

(a)the court by or before which he is convicted of the relevant offence, or

(b)if he is committed to the Crown Court to be dealt with for that offence, the Crown Court.

F21[14B Banning orders made on a complaint.E+W

[F22(1)An application for a banning order in respect of any person may be made by—

(a)the relevant chief officer, or

(b)the Director of Public Prosecutions,

if it appears to him that the condition in subsection (2) is met.]

[F23(1A)In subsection (1) “the relevant chief officer” means—

(a)the chief officer of police of any police force maintained for a police area; or

(b)the chief constable of the British Transport Police Force.]

(2)That condition is that the respondent has at any time caused or contributed to any violence or disorder in the United Kingdom or elsewhere.

(3)The application is to be made by complaint to a magistrates’ court.

(4)If—

(a)it is proved on the application that the condition in subsection (2) above is met, and

(b)the court is satisfied that there are reasonable grounds to believe that making a banning order would help to prevent violence or disorder at or in connection with any regulated football matches,

the court must make a banning order in respect of the respondent.]

[F24(5)If the magistrates' court adjourns proceedings on an application under this section, the court may remand the person in respect of whom the application is made.

(6)A person who, by virtue of subsection (5) above, is remanded on bail under section 128 of the Magistrates' Courts Act 1980 may be required by the conditions of his bail—

(a)not to leave England and Wales before his appearance before the court, and

(b)if the control period relates to a regulated football match outside the United Kingdom or to an external tournament which includes such matches, to surrender his passport to a police constable, if he has not already done so.]

[F2514C Banning orders: supplementary.E+W

(1)In this Part, “violence” means violence against persons or property and includes threatening violence and doing anything which endangers the life of any person.

(2)In this Part, “disorder” includes—

(a)stirring up hatred against a group of persons defined by reference to colour, race, nationality (including citizenship) or ethnic or national origins, or against an individual as a member of such a group,

(b)using threatening, abusive or insulting words or behaviour or disorderly behaviour,

(c)displaying any writing or other thing which is threatening, abusive or insulting.

(3)In this Part, “violence” and “disorder” are not limited to violence or disorder in connection with football.

(4)The magistrates’ court may take into account the following matters (among others), so far as they consider it appropriate to do so, in determining whether to make an order under section 14B above—

(a)any decision of a court or tribunal outside the United Kingdom,

(b)deportation or exclusion from a country outside the United Kingdom,

(c)removal or exclusion from premises used for playing football matches, whether in the United Kingdom or elsewhere,

(d)conduct recorded on video or by any other means.

(5)In determining whether to make such an order—

(a)the magistrates’ court may not take into account anything done by the respondent before the beginning of the period of ten years ending with the application under section 14B(1) above, except circumstances ancillary to a conviction,

(b)before taking into account any conviction for a relevant offence, where a court made a statement under section 14A(3) above (or section 15(2A) below or section 30(3) of the M1Public Order Act 1986), the magistrates’ court must consider the reasons given in the statement,

and in this subsection “circumstances ancillary to a conviction” has the same meaning as it has for the purposes of section 4 of the M2Rehabilitation of Offenders Act 1974 (effect of rehabilitation).

(6)Subsection (5) does not prejudice anything in the M3Rehabilitation of Offenders Act 1974.]

F26[14D Banning orders made on a complaint: appeals.E+W

(1)An appeal lies to the Crown Court against the making by a magistrates’ court of a banning order under section 14B above.

[F27(1A)An appeal lies to the Crown Court against the dismissal by a magistrates' court of an application for the making of a banning order under section 14B above.]

(2)On [F28an appeal under this section] the Crown Court—

(a)may make any orders necessary to give effect to its determination of the appeal, and

(b)may also make any incidental or consequential orders which appear to it to be just.

(3)An order of the Crown Court made on an appeal under this section (other than one directing that an application be re-heard by a magistrates’ court) is to be treated for the purposes of this Part as if it were an order of the magistrates’ court from which the appeal was brought.]

F29[14E Banning orders: general.E+W

(1)On making a banning order, a court must in ordinary language explain its effect to the person subject to the order.

(2)A banning order must require the person subject to the order to report initially at a police station F30... specified in the order within the period of five days beginning with the day on which the order is made.

[F31(2A)A banning order must require the person subject to the order to give notification of the events mentioned in subsection (2B) to the enforcing authority.

(2B)The events are—

(a)a change of any of his names;

(b)the first use by him after the making of the order of a name for himself that was not disclosed by him at the time of the making of the order;

(c)a change of his home address;

(d)his acquisition of a temporary address;

(e)a change of his temporary address or his ceasing to have one;

(f)his becoming aware of the loss of his [F32passport] ;

(g)receipt by him of a new [F32passport] ;

(h)an appeal made by him in relation to the order;

(i)an application made by him under section 14H(2) for termination of the order;

(j)an appeal made by him under section 23(3) against the making of a declaration of relevance in respect of an offence of which he has been convicted.

(2C)A notification required by a banning order by virtue of subsection (2A) must be given before the end of the period of seven days beginning with the day on which the event in question occurs and—

(a)in the case of a change of a name or address or the acquisition of a temporary address, must specify the new name or address;

(b)in the case of a first use of a previously undisclosed name, must specify that name; and

(c)in the case of a receipt of a new [F32passport], must give details of that [F32passport] .]

(3)A banning order must F33... impose a requirement as to the surrender in accordance with this Part, in connection with regulated football matches outside the United Kingdom, of the [F32passport] of the person subject to the order.

F34(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In the case of a person detained in legal custody—

(a)the requirement under this section to report at a police station, and

(b)any requirement imposed under section 19 below,

is suspended until his release from custody.

(6)If—

(a)he is released from custody more than five days before the expiry of the period for which the order has effect, and

(b)he was precluded by his being in custody from reporting initially,

the order is to have effect as if it required him to report initially at the police station specified in the order within the period of five days beginning with the date of his release.]

F35(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F36(8)In this section—

• “declaration of relevance” has the same meaning as in section 23;

• “home address”, in relation to any person, means the address of his sole or main residence;

• “loss” includes theft or destruction;

• “new” includes replacement;

• “temporary address”, in relation to any person, means the address (other than his home address) of a place at which he intends to reside, or has resided, for a period of at least four weeks.]

F37[14F Period of banning orders.E+W

(1)Subject to the following provisions of this Part, a banning order has effect for a period beginning with the day on which the order is made.

(2)The period must not be longer than the maximum or shorter than the minimum.

(3)Where the order is made under section 14A above in addition to a sentence of imprisonment taking immediate effect, the maximum is ten years and the minimum is six years; and in this subsection “imprisonment” includes any form of detention.

(4)In any other case where the order is made under section 14A above, the maximum is five years and the minimum is three years.

(5)Where the order is made under section 14B above, the maximum is [F38five] years and the minimum is [F38three] years.]

F39[14G Additional requirements of orders.E+W

(1)A banning order may, if the court making the order thinks fit, impose additional requirements on the person subject to the order in relation to any regulated football matches.

(2)The court by which a banning order was made may, on an application made by—

(a)the person subject to the order, or

(b)the person who applied for the order or who was the prosecutor in relation to the order,

vary the order so as to impose, replace or omit any such requirements.

(3)In the case of a banning order made by a magistrates’ court, the reference in subsection (2) above to the court by which it was made includes a reference to any magistrates’ court acting [F40in the same local justice] area as that court.]

F41[14H Termination of orders.E+W

(1)If a banning order has had effect for at least two-thirds of the period determined under section 14F above, the person subject to the order may apply to the court by which it was made to terminate it.

(2)On the application, the court may by order terminate the banning order as from a specified date or refuse the application.

(3)In exercising its powers under subsection (2) above, the court must have regard to 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 it to be relevant.

(4)Where an application under subsection (1) above in respect of a banning order is refused, no further application in respect of the order may be made within the period of six months beginning with the day of the refusal.

(5)The court may order the applicant to pay all or any part of the costs of an application under this section.

(6)In the case of a banning order made by a magistrates’ court, the reference in subsection (1) above to the court by which it was made includes a reference to any magistrates’ court acting [F42in the same local justice] area as that court.]

F43[14J Offences.E+W

(1)A person subject to a banning order who fails to comply with—

(a)any requirement imposed by the order, or

(b)any requirement imposed under section 19(2B) or (2C) below,

is guilty of an offence.

(2)A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both.]

Restriction ordersE+W

15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18 Information.E+W

(1)Where a court makes [F57 a banning order] the [F58designated officer for] the court (in the case of a magistrates’ court) or the appropriate officer (in the case of the Crown Court)—

(a)shall give a copy of it to the person to whom it relates;

(b)shall (as soon as reasonably practicable) send a copy of it to the enforcing authority [F59and to any prescribed person];

(c)shall (as soon as reasonably practicable) send a copy of it to the police station (addressed to the officer responsible for the police station) at which the person subject to the order is to report initially; and

(d)in a case where the person subject to the order is [F60 detained in legal custody, shall (as soon as reasonably practicable) send a copy of it to the person in whose custody he is detained].

(2)Where a court terminates [F57a banning order] under [F61section 14H] above, the [F62designated officer for] the court (in the case of a magistrates’ court) or the appropriate officer (in the case of the Crown Court)—

(a)shall give a copy of the terminating order to the person to whom [F57the banning order] relates;

(b)shall (as soon as reasonably practicable) send a copy of it to the enforcing authority [F63and to any prescribed person]; and

(c)in a case where the person subject to [F57the banning order] is [F64detained in legal custody, shall (as soon as reasonably practicable) send a copy of the terminating order to the person in whose custody he is detained].

F65[(3)Where a person subject to a banning order is released from custody and, in the case of a person who has not reported initially to a police station, is released more than five days before the expiry of the banning order, the person in whose custody he is shall (as soon as reasonably practicable) give notice of his release to the enforcing authority.]

F66(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F67(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ReportingE+W

19 Functions of enforcing authority and local police.E+W

(1)The enforcing authority and the officer responsible for the police station at which he reports initially shall have the following functions as respects any person subject to [F68a banning order].

(2)On a person reporting initially at the police station, the officer responsible for the station may make such requirements of that person as are determined by the enforcing authority to be necessary or expedient for giving effect to [F69the banning order, so far as relating to regulated football matches outside [F70the United Kingdom].

(2A)If, in connection with any regulated football match outside [F71the United Kingdom], the enforcing authority is of the opinion that requiring any person subject to a banning order to report is necessary or expedient in order to reduce the likelihood of violence or disorder at or in connection with the match, the authority must give him a notice in writing under subsection (2B) below.

(2B)The notice must require that person—

(a)to report at a police station specified in the notice at the time, or between the times, specified in the notice,

(b)F72... F73..., to surrender his [F74passport] at a police station specified in the notice at the time, or between the times, specified in the notice,

and may require him to comply with any additional requirements of the order in the manner specified in the notice.

(2C)In the case of any regulated football match, the enforcing authority may by notice in writing require any person subject to a banning order to comply with any additional requirements of the order in the manner specified in the notice.

(2D)The enforcing authority may establish criteria for determining whether any requirement under subsection (2B) or (2C) above ought to be imposed on any person or any class of person.

(2E)A notice under this section—

(a)may not require the person subject to the order to report except in the control period in relation to a regulated football match outside [F75the United Kingdom] or an external tournament,

(b)may not require him to surrender his[F74passport] except in the control period in relation to a regulated football match outside the United Kingdom or an external tournament which includes such matches.

[F76(c)must require him to notify the enforcing authority within the time period specified in the notice of each address at which he intends to stay, or has stayed, for one night or more in a period which is the control period in relation to a regulated football match.]

(2F)Where a notice under this section requires the person subject to the order to surrender his [F74passport], the [F74passport] must be returned to him as soon as reasonably practicable after the end of the control period in question.]

(5)The enforcing authority, in exercising their functions under this section, shall have regard to any guidance issued by the Secretary of State under section 21 below.

(6)A person who, without reasonable excuse, fails to comply with any requirement imposed on him under subsection (2) above shall be guilty of an offence.

(7)A person guilty of an offence under subsection (6) above shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

20 Exemptions from requirement to report as respects a match.E+W

(1)A person who is subject to [F77a banning order] may—

(a)as respects a particular [F78regulated football match], or

(b)as respects [F78regulated football matches] played during a period,

apply to the authority empowered to grant exemptions under this section (“the exempting authority”) to be exempt from [F79the requirements imposed by or under this Part, or any of them] as respects that match or matches played during that period.

(2)The enforcing authority may grant exemptions under this section in all cases; but where the application is [F80made during the control period in relation to any match to which the application applies, the officer responsible for a police station may grant the exemption as respects that match, subject to subsection (3) below].

(3)The officer responsible for a police station shall not grant an exemption without referring the question of exemption to the enforcing authority, unless he considers that it is not reasonably practicable to do so.

(4)The exempting authority shall exempt the applicant from [F81the requirements imposed by or under this Part, or any of them, as respects any match or matches to which the application relates] if he shows to the authority’s satisfaction—

(a)that there are special circumstances which justify his being so exempted; and

(b)that, because of those circumstances, he would not attend the match or matches if he were so exempted.

(5)The exempting authority shall, in taking any decision under subsection (4) above, have regard to any guidance issued by the Secretary of State under section 21 below.

(6)Where an exemption is granted by the exempting authority to a person under subsection (4) above [F82the banning order is to have effect subject to the exemption and, accordingly, no requirement is to be imposed under section 19 which is inconsistent with the exemption].

(7)A person who is aggrieved by the refusal of the exempting authority to grant him an exemption under subsection (4) above may, after giving the authority notice in writing of his intention to do so, appeal to a magistrates’ court F83....

(8)On any appeal under subsection (7) above the court may make such order as it thinks fit.

(9)The court may order the appellant to pay all or any part of the costs of an appeal under subsection (7) above.

(10)Any person commits an offence who, in connection with an application under this section to be exempted from [F84the requirements imposed by or under this Part, or any of them]—

(a)makes a statement which he knows to be false or misleading in a material particular or recklessly makes a statement which is false or misleading in a material particular, or

(b)produces, furnishes, signs or otherwise makes use of a document which he knows to be false or misleading in a material particular or recklessly produces, furnishes, signs or otherwise makes use of a document which is false or misleading in a material particular.

(11)A person guilty of an offence under subsection (10) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

21 Functions of enforcing authority: supplementary provisions.E+W

(1)The Secretary of State may issue to the enforcing authority such guidance as he considers appropriate for the purposes of the exercise of their functions under sections 19 and 20 above.

(2)The Secretary of State shall make such arrangements as he considers appropriate for publishing the guidance issued from time to time under subsection (1) above.

(3)The Secretary of State may make regulations regulating the giving by the enforcing authority to persons subject to [F85banning orders] of notices under section 19 above F86. . .; and it shall be the duty of the enforcing authority to comply with the regulations.

(4)Regulations under subsection (3) above may exclude the operation of section 25 below.

(5)The power to make regulations under subsection (3) above is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6)Where any notice is given under section 19 above by the enforcing authority in accordance with regulations under subsection (3) above, the notice shall be taken to have been received by the person to whom it was addressed unless he proves that he did not receive the notice and did not know and had no reasonable cause to believe that [F87requirements had been imposed on him under section 19 above].

(7)Where any notice is given under section 19 above by the enforcing authority in accordance with section 25 below, subsection (6) above [F88(instead of section 25(1A))] shall apply as it applies to such a notice given in accordance with regulations under subsection (3) above.

(8)The Secretary of State may pay to the enforcing authority any expenses incurred by them in exercising their functions under sections 19 and 20 above.

F89[21A Summary measures: detention.E+W

(1)This section and section 21B below apply during any control period in relation to a regulated football match outside [F90the United Kingdom] or an external tournament if a constable in uniform—

(a)has reasonable grounds for suspecting that the condition in section 14B(2) above is met in the case of a person present before him, and

(b)has reasonable grounds to believe that making a banning order in his case would help to prevent violence or disorder at or in connection with any regulated football matches.

(2)The constable may detain the person in his custody (whether there or elsewhere) until he has decided whether or not to issue a notice under section 21B below, and shall give the person his reasons for detaining him in writing.

This is without prejudice to any power of the constable apart from this section to arrest the person.

(3)A person may not be detained under subsection (2) above for more than four hours or, with the authority of an officer of at least the rank of inspector, six hours.

(4)A person who has been detained under subsection (2) above may only be further detained under that subsection in the same control period in reliance on information which was not available to the constable who previously detained him; and a person on whom a notice has been served under section 21B(2) below may not be detained under subsection (2) above in the same control period.]

F91[21B Summary measures: reference to a court.E+W

(1)A constable in uniform may exercise the power in subsection (2) below if authorised to do so by an officer of at least the rank of inspector.

(2)The constable may give the person a notice in writing requiring him—

(a)to appear before a magistrates’ court at a time, or between the times, specified in the notice,

(b)not to leave England and Wales before that time (or the later of those times), and

(c)if the control period relates to a regulated football match outside the United Kingdom or to an external tournament which includes such matches, to surrender his [F92passport] to the constable,

and stating the grounds referred to in section 21A(1) above.

(3)The times for appearance before the magistrates’ court must be within the period of 24 hours beginning with—

(a)the giving of the notice, or

(b)the person’s detention under section 21A(2) above,

whichever is the earlier.

(4)For the purposes of section 14B above, the notice is to be treated as an application for a banning order made by complaint by the constable to the court in question and subsection (1) of that section is to have effect as if the references to [F93the relevant chief officer] were references to that constable.

(5)A constable may arrest a person to whom he is giving such a notice if he has reasonable grounds to believe that it is necessary to do so in order to secure that the person complies with the notice.

(6)Any [F92passport] surrendered by a person under this section must be returned to him in accordance with directions given by the court.]

F94[21C Summary measures: supplementaryE+W

(1)The powers conferred by sections 21A and 21B above may only be exercised in relation to a person who is a British citizen.

(2)A person who fails to comply with a notice given to him under section 21B above is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both.

(3)Where a person to whom a notice has been given under section 21B above appears before a magistrates’ court as required by the notice (whether under arrest or not), the court may remand him.

(4)A person who, by virtue of subsection (3) above, is remanded on bail under section 128 of the M6Magistrates’ Courts Act 1980 may be required by the conditions of his bail—

(a)not to leave England and Wales before his appearance before the court, and

(b)if the control period relates to a regulated football match outside the United Kingdom or to an external tournament which includes such matches, to surrender his [F95passport] to a police constable, if he has not already done so.]

[F9621D Summary measures: compensation.E+W

(1)Where a person to whom a notice has been given under section 21B above appears before a magistrates’ court and the court refuses the application for a banning order in respect of him, it may order compensation to be paid to him out of central funds if it is satisfied—

(a)that the notice should not have been given,

(b)that he has suffered loss as a result of the giving of the notice, and

(c)that, having regard to all the circumstances, it is appropriate to order the payment of compensation in respect of that loss.

(2)An appeal lies to the Crown Court against any refusal by a magistrates’ court to order the payment of compensation under subsection (1) above.

(3)The compensation to be paid by order of the magistrates’ court under subsection (1) above or by order of the Crown Court on an appeal under subsection (2) above shall not exceed £5,000 (but no appeal may be made under subsection (2) in respect of the amount of compensation awarded).

(4)If it appears to the Secretary of State that there has been a change in the value of money since the coming into force of this section or, as the case may be, the last occasion when the power conferred by this subsection was exercised, he may by order substitute for the amount specified in subsection (3) above such other amount as appears to him to be justified by the change.

(5)In this section, “central funds” has the same meaning as in enactments providing for the payment of costs.]

Relevant offences outside England and WalesE+W

22 Restriction orders arising out of offences outside England and Wales.E+W

(1)Her Majesty may, by Order in Council, specify offences (“corresponding offences”) under the law of any country outside England and Wales which appear to Her to correspond to any offence [F97to which Schedule 1 to this Act applies].

[F98(1A)For the purposes of subsection (1) above, an offence specified in an Order in Council under that subsection shall be regarded as corresponding to an offence [F97to which Schedule 1 to this Act applies] notwithstanding that any period specified in the Order is longer than any corresponding period specified in that Schedule.]

(2)Upon an information being laid before a justice of the peace F99... that a person F100... has been convicted of a corresponding offence in a country outside England and Wales, the justice may—

(a)issue a summons directed to that person requiring him to appear before a magistrates’ court F101... to answer to the information; or

(b)subject to subsection (3) below, issue a warrant to arrest that person and bring him before a magistrates’ court F101....

(3)No warrant shall be issued under subsection (2) above unless the information is in writing and substantiated on oath.

(4)Where a person appears or is brought before a magistrates’ court in pursuance of subsection (2) above, the court, if satisfied that—

(a)he is ordinarily resident in England and Wales, and

(b)has been convicted in the country outside England and Wales of the corresponding offence,

[F102must make a banning order in relation to the person, unless subsection (5) applies.]

[F103(5)This subsection applies if—

(a)it appears to the court that the conviction of the corresponding offence in a country outside England and Wales is the subject of proceedings in a court of law in that country questioning the conviction, or

(b)the court considers that there are particular circumstances relating to the corresponding offence or to the person which would make it unjust in all the circumstances to make a banning order.

(5A)Where the court does not make a banning order on the ground mentioned in subsection (5)(b) it must state in open court the reasons for not doing so.]

(6)In proceedings under subsection (4) above, the court shall have the like powers, including power to adjourn the proceedings and meanwhile to remand the defendant on bail (but not in custody), and the proceedings shall be conducted as nearly as may be in the like manner, as if the proceedings were the trial of an information for a summary offence.

(7)Any person aggrieved by the decision of a magistrates’ court making [F104a banning order] under this section may appeal to the Crown Court against the decision.

F105[(8)Sections 14E to 14J and 18 to 21 shall apply in relation to a person subject to a banning order under this section as they apply in relation to a person subject to a banning order made by a magistrates’ court under section 14A.]

[F106(9)An Order in Council under subsection (1) above relating to any country may include provision specifying the documentary form in which details are to be given of—

(a)the conviction of a person in that country of a corresponding offence,

(b)the nature and circumstances of the offence, and

(c)whether or not the conviction is the subject of proceedings in that country questioning it.

(10)A document in the form so specified—

(a)shall be admissible in any proceedings under this Part of this Act as evidence of the facts stated in it unless the contrary is proved, and

(b)shall be taken as such a document unless the contrary is proved.

(11)In proceedings against a person under this section, the facts stated in a document in the form so specified shall, on production of the document and proof that that person is the person whose conviction is set out in the document, be taken to be proved unless the contrary is proved.]

(12)Any statutory instrument containing an Order under subsection (1) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.

F107[22AOther interpretation, etc.E+W

(1)In this Part—

• “British citizen” has the same meaning as in the M7British Nationality Act 1981,

• “country” includes territory,

• F108...

• “enforcing authority” means a prescribed organisation established by the Secretary of State under section 57 of the M8Police Act 1996 (central police organisations),

• “passport” means a United Kingdom passport within the meaning of the M9Immigration Act 1971,

• “prescribed” means prescribed by an order made by the Secretary of State.

• F109...

(2)The Secretary of State may, if he considers it necessary or expedient to do so in order to secure the effective enforcement of this Part, by order provide for section 14(5) and (6) above to have effect in relation to any, or any description of, regulated football match or external tournament as if, for any reference to five days, there were substituted a reference to the number of days (not exceeding ten) specified in the order.

(3)Any power of the Secretary of State to make an order [F110or regulations] under this Part is exercisable by statutory instrument.

[F111(3A)An order or regulations under this Part—

(a)may make different provision for different purposes;

(b)may make consequential, supplementary, incidental, transitional, transitory or saving provision.]

(4)An instrument containing an order made by the Secretary of State under this Part shall be subject to annulment in pursuance of a resolution of either House of Parliament.]