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Football Spectators Act 1989
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F114A[ 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.
(2)If 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, it must make such an order in respect of the offender.
(3)If the court is not so satisfied, it must in open court state that fact and give its reasons.
[F2(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.
[F3(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.
(4C)But the court may not issue a warrant 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 sections 12 and 14 of the Powers of the Criminal Courts (Sentencing) Act 2000 (which relate to orders discharging a person absolutely or conditionally and their effect).
(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.
Textual Amendments
F1Pt. II heading, cross-headings and ss. 14-14J substituted for cross-headings and ss. 14-17 (28.8.2000) by 2000 c. 25, s. 1(1), Sch. 1 para. 2; S.I. 2000/2125, art. 2
F2S. 14A(3A)(3B) inserted (20.1.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 86(5), 93; S.I. 2003/3300, art. 2(f)(ii)
F3Ss. 14A(4A)-(4C) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 139(10), 178(8); S.I. 2005/1521, art. 3(1)(s)
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