Football Spectators Act 1989

[F1SCHEDULE 1E+W Offences

Textual Amendments

The offences relevant for the purposes of sections 7(2) and 15(1) of this Act are the following—

(a)any offence under section 2(1) or 5(7) of this Act;

(b)any offence under section 2 of the M1Sporting Events (Control of Alcohol etc.) Act 1985 (alcohol containers at sports grounds) committed by the accused at any designated football match or while entering or trying to enter the ground;

(c)any offence under section 5 of the M2Public Order Act 1986 (harassment, alarm or distress) or any provision of Part III of that Act (racial hatred) committed during a period relevant to a designated football match at any premises while the accused was at, or was entering or leaving or trying to enter or leave, the premises;

(d)any offence involving the use or threat of violence by the accused towards another person committed during a period relevant to a designated football match at any premises while the accused was at, or was entering or leaving or trying to enter or leave, the premises;

(e)any offence involving the use or threat of violence towards property committed during a period relevant to a designated football match at any premises while the accused was at, or was entering or leaving or trying to enter or leave, the premises;

(f)any offence under section 12 of the M3Licensing Act 1872 (persons found drunk in public places, etc.) of being found drunk in a highway or other public place committed while the accused was on a journey to or from a designated football match being an offence as respects which the court makes a [F2declaration that the offence related to football matches.]]

(g)any offence under section 91(1) of the M4Criminal Justice Act 1967 (disorderly behaviour while drunk in a public place) committed in a highway or other public place while the accused was on a journey to or from a designated football match being an offence as respects which the court makes a [F2declaration that the offence related to football matches].

(h)any offence under section 1 of the Sporting Events (Control of Alcohol etc.) Act 1985 (alcohol on coaches or trains to or from sporting events) committed while the accused was on a journey to or from a designated football match being an offence as respects which the court makes a [F2declaration that the offence related to football matches].

(i)any offence under section 5 of the Public Order Act 1986 (harassment, alarm or distress) or any provision of Part III of that Act (racial hatred) committed while the accused was on a journey to or from a designated football match being an offence as respects which the court makes a [F2declaration that the offence related to football matches].

(j)any offence under section 4 or 5 of the M5Road Traffic Act 1988 (driving etc. when under the influence of drink or drugs or with an alcohol concentration above the prescribed limit) committed while the accused was on a journey to or from a designated football match being an offence as respects which the court makes a [F2declaration that the offence related to football matches].

(k)any offence involving the use or threat of violence by the accused towards another person committed while one or each of them was on a journey to or from a designated football match being an offence as respects which the court makes a [F2declaration that the offence related to football matches.]

(l)any offence involving the use or threat of violence towards property committed while the accused was on a journey to or from a designated football match being an offence as respects which the court makes a [F2declaration that the offence related to football matches].

[F3(m)any offence under the Football (Offences) Act 1991.]

[F4(n)any offence under section 5 of the Public Order Act 1986 (harassment, alarm or distress) or any provision of Part III of that Act (racial hatred)—

(i)which does not fall within paragraph (c) or (i) above,

(ii)which was committed during a period relevant to a designated football match, and

(iii)as respects which the court makes a declaration that the offence related to that match or to that match and any other football match which took place during that period;

(o)any offence involving the use or threat of violence by the accused towards another person—

(i)which does not fall within paragraph (d) or (k) above,

(ii)which was committed during a period relevant to a designated football match, and

(iii)as respects which the court makes a declaration that the offence related to that match or to that match and any other football match which took place during that period;

(p)any offence involving the use or threat of violence towards property—

(i)which does not fall within paragraph (e) or (l) above,

(ii)which was committed during a period relevant to a designated football match, and

(iii)as respects which the court makes a declaration that the offence related to that match or to that match and any other football match which took place during that period;

(q)any offence under section 166 of the Criminal Justice and Public Order Act 1994 (sale of tickets by unauthorised persons) which relates to tickets for a football match.

  • Any reference to an offence in paragraphs (a) to (q) above includes—

    (a)

    a reference to any attempt, conspiracy or incitement to commit that offence; and

    (b)

    a reference to aiding and abetting, counselling or procuring the commission of that offence.

  • For the purposes of paragraphs (f) to (l) above—

    (a)

    a person may be regarded as having been on a journey to or from a designated football match whether or not he attended or intended to attend the match; and

    (b)

    a person’s journey includes breaks (including overnight breaks).]

Textual Amendments

F2Words in Sch. 1 paras. (f)-(l) substituted (27.9.1999) by 1999 c. 21, ss. 2(1), 12(2) (with s. 12(3))

F3Sch. 1 para. (m) inserted(10.8.1991) by Football Offences Act 1991 (c.19, SIF 39:2), s. 5(3), S. I. 1991/1564, art. 2.

F4Sch. 1 paras. (n)-(q) inserted (27.9.1999) by 1999 c. 21, ss. 2(2), 12(2) (with s. 12(3))

Marginal Citations

F51E+WThis Schedule applies to the following offences:

(a)any offence under section F6..., 14J(1) [F7, 19(6), 20(10)] or 21C(2) of this Act [F8or section 68(1) or (5) of the Police, Public Order and Criminal Justice (Scotland) Act 2006 by virtue of section 106 of the Policing and Crime Act 2009],

(b)any offence under section 2 or 2A of the M6Sporting Events (Control of Alcohol etc.) Act 1985 (alcohol, containers and fireworks) committed by the accused at any football match to which this Schedule applies or while entering or trying to enter the ground,

(c)any offence under section [F94A or] 5 of the M7Public Order Act 1986 (harassment, alarm or distress) or any provision of [F10Part 3 or 3A] of that Act [F11(hatred by reference to race etc)] committed during a period relevant to a football match to which this Schedule applies at any premises while the accused was at, or was entering or leaving or trying to enter or leave, the premises,

(d)any offence involving the use or threat of violence by the accused towards another person committed during a period relevant to a football match to which this Schedule applies at any premises while the accused was at, or was entering or leaving or trying to enter or leave, the premises,

(e)any offence involving the use or threat of violence towards property committed during a period relevant to a football match to which this Schedule applies at any premises while the accused was at, or was entering or leaving or trying to enter or leave, the premises,

(f)any offence involving the use, carrying or possession of an offensive weapon or a firearm committed during a period relevant to a football match to which this Schedule applies at any premises while the accused was at, or was entering or leaving or trying to enter or leave, the premises,

(g)any offence under section 12 of the M8Licensing Act 1872 (persons found drunk in public places, etc.) of being found drunk in a highway or other public place committed while the accused was on a journey to or from a football match to which this Schedule applies being an offence as respects which the court makes a declaration that the offence related to football matches,

(h)any offence under section 91(1) of the M9Criminal Justice Act 1967 (disorderly behaviour while drunk in a public place) committed in a highway or other public place while the accused was on a journey to or from a football match to which this Schedule applies being an offence as respects which the court makes a declaration that the offence related to football matches,

(j)any offence under section 1 of the M10Sporting Events (Control of Alcohol etc.) Act 1985 (alcohol on coaches or trains to or from sporting events) committed while the accused was on a journey to or from a football match to which this Schedule applies being an offence as respects which the court makes a declaration that the offence related to football matches,

(k)any offence under section [F124A or] 5 of the M11Public Order Act 1986 (harassment, alarm or distress) or any provision of [F13Part 3 or 3A] of that Act [F14(hatred by reference to race etc)] committed while the accused was on a journey to or from a football match to which this Schedule applies being an offence as respects which the court makes a declaration that the offence related to football matches,

(l)any offence under section 4 or 5 of the M12Road Traffic Act 1988 (driving etc. when under the influence of drink or drugs or with an alcohol concentration above the prescribed limit) committed while the accused was on a journey to or from a football match to which this Schedule applies being an offence as respects which the court makes a declaration that the offence related to football matches,

(m)any offence involving the use or threat of violence by the accused towards another person committed while one or each of them was on a journey to or from a football match to which this Schedule applies being an offence as respects which the court makes a declaration that the offence related to football matches,

(n)any offence involving the use or threat of violence towards property committed while the accused was on a journey to or from a football match to which this Schedule applies being an offence as respects which the court makes a declaration that the offence related to football matches,

(o)any offence involving the use, carrying or possession of an offensive weapon or a firearm committed while the accused was on a journey to or from a football match to which this Schedule applies being an offence as respects which the court makes a declaration that the offence related to football matches,

(p)any offence under the M13Football (Offences) Act 1991,

(q)any offence under section [F154A or] 5 of the M14Public Order Act 1986 (harassment, alarm or distress) or any provision of [F16Part 3 or 3A] of that Act [F17(hatred by reference to race etc)]—

(i)which does not fall within paragraph (c) or (k) above,

(ii)which was committed during a period relevant to a football match to which this Schedule applies, and

(iii)as respects which the court makes a declaration that the offence related to that match or to that match and any other football match which took place during that period,

(r)any offence involving the use or threat of violence by the accused towards another person—

(i)which does not fall within paragraph (d) or (m) above,

(ii)which was committed during a period relevant to a football match to which this Schedule applies, and

(iii)as respects which the court makes a declaration that the offence related to that match or to that match and any other football match which took place during that period,

(s)any offence involving the use or threat of violence towards property—

(i)which does not fall within paragraph (e) or (n) above,

(ii)which was committed during a period relevant to a football match to which this Schedule applies, and

(iii)as respects which the court makes a declaration that the offence related to that match or to that match and any other football match which took place during that period,

(t)any offence involving the use, carrying or possession of an offensive weapon or a firearm—

(i)which does not fall within paragraph (f) or (o) above,

(ii)which was committed during a period relevant to a football match to which this Schedule applies, and

(iii)as respects which the court makes a declaration that the offence related to that match or to that match and any other football match which took place during that period.

(u)any offence under section 166 of the M15Criminal Justice and Public Order Act 1994 (sale of tickets by unauthorised persons) which relates to tickets for a football match.

Textual Amendments

F5Sch. 1 substituted (28.8.2000) by 2000 c. 25, s. 1(1), Sch. 1 para. 5; S.I. 2000/2125, art. 2

F6Words in Sch. 1 para. 1(a) repealed (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), s. 66(2), Sch. 5; S.I. 2007/858, art. 2(n)(v)

F7Words in Sch. 1 para. 1(a) inserted (1.4.2010) by Policing and Crime Act 2009 (c. 26), ss. 107(a), 116(1); S.I. 2010/507, art. 5(o)

F8Words in Sch. 1 para. 1(a) inserted (1.4.2010) by Policing and Crime Act 2009 (c. 26), ss. 107(b), 116(1); S.I. 2010/507, art. 5(o)

Marginal Citations

F182E+WAny reference to an offence in paragraph 1 above includes—

(a)a reference to any attempt, conspiracy or incitement to commit that offence, and

(b)a reference to aiding and abetting, counselling or procuring the commission of that offence.

Textual Amendments

Modifications etc. (not altering text)

F193E+WFor the purposes of paragraphs 1(g) to (o) above—

(a)a person may be regarded as having been on a journey to or from a football match to which this Schedule applies whether or not he attended or intended to attend the match, and

(b)a person’s journey includes breaks (including overnight breaks).

Textual Amendments

F204E+WIn this Schedule, “football match” means a match which is a regulated football match for the purposes of Part II of this Act.

[F21(2)For the purposes of this Schedule each of the following periods is “relevant to” a football match to which this Schedule applies—

(a)in the case of a match which takes place on the day on which it is advertised to take place, the period—

(i)beginning 24 hours before whichever is the earlier of the start of the match and the time at which it was advertised to start; and

(ii)ending 24 hours after it ends;

(b)in the case of a match which does not take place on the day on which it was advertised to take place, the period—

(i)beginning 24 hours before the time at which it was advertised to start on that day; and

(ii)ending 24 hours after that time.]

Textual Amendments

F20Sch. 1 substituted (28.8.2000) by 2000 c. 25, s. 1(1), Sch. 1 para. 5; S.I. 2000/2125, art. 2