Football (Offences and Disorder) Act 1999

2 Relevant offences. E+W

(1) In Schedule 1 to the 1989 Act (which specifies the offences which are relevant for the purposes of sections 7(2) and 15(1) of that Act), in each of paragraphs (f) to (l) (which specify offences which require a declaration of relevance) for “declaration of relevance” substitute “ declaration that the offence related to football matches ”.

(2) After paragraph (m) of that Schedule insert—

“(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).”

(3) After section 1(8) of the 1989 Act (which sets out the periods before and after football matches in which certain offences must be committed to qualify as relevant offences) insert—

“(8A) In its application to an offence specified in paragraph (n), (o) or (p) of Schedule 1 to this Act, subsection (8) above shall have effect as if—

(a) the reference to a designated football match included a reference to a football match designated for the purposes of Part II of this Act,

(b) for “two hours”, wherever occurring, there were substituted “24 hours”,

(c) for “one hour”, wherever occurring, there were substituted “24 hours”, and

(d) paragraph (a)(iii) were omitted.”;

and in section 14(6) of the 1989 Act (which contains a reference to section 1(8) of that Act) after “1(8)” insert “ and (8A) ”.

(4) In sections 7(6) and 14(6) of the 1989 Act (each of which contains a reference to paragraphs (h), (i), (k) and (l)) for “and (l)” substitute “ , (l) and (n) to (p) ”.

(5) In sections 7(10) and 14(9) of the 1989 Act, for the definition of “declaration of relevance” substitute—

““declaration of relevance”, in relation to an offence specified in paragraphs (f) to (l) and (n) to (p) of Schedule 1 to this Act, means the declaration specified in that paragraph;”.

(6) In section 23 of the 1989 Act (further provision about, and appeals against, declarations of relevance) in subsection (1) (court may not make declaration of relevance unless satisfied prosecutor gave notice to defendant that it was proposed to show that offence related to football matches) after “football matches” insert “ , to a particular football match or to particular football matches (as the case may be). ”.