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The Football Spectators (Corresponding Offences in Italy) Order 1990
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- UK Statutory Instruments
- 1990 No. 992
- Explanatory Note
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Explanatory Note
(This note is not part of the Order)
Article 2 of, and Schedule 1 to, this Order specifies offences under the law of Italy which appear to Her Majesty to correspond to certain of the offences specified in Schedule 1 to the Football Spectators Act 1989. Under section 22 of that Act proceedings may be commenced before magistrates against a person who resides or is believed to reside in an area in England or Wales if that person has been convicted of such offence. Under such proceedings a restriction order may be made against such a person. Under section 19 of that Act the person to whom such an order applies may be required to report to a police station in England or Wales on the occasion of a football match played in any country outside England and Wales of a description for the time being designated by order under section 14(2) of that Act.
Article 3 specifies the Italian Ministry of Grace and Justice as the authority in Italy by which a certificate may be made certifying a person’s conviction for one of the offences specified in Schedule 1 to this Order. Article 4 of this Order prescribes the form of the certificate in Italian (since the certificate is to be completed by Italian officials). A translation into English of the form of the certificate is set out as an Appendix to this note.
Under section 22(10) of the Football Spectators Act 1989 a certificate in the form prescribed by this Order is admissible in proceedings under Part II of that Act (which concerns restriction orders) arising from convictions in Italy as evidence of the facts therein stated. A translation of the certificate would need to be proved. Under section 22 (11) facts stated in the certificate are to be taken as proved (on production of the certificate and proof that the person against whom the proceedings are brought is the person whose conviction is certified) unless the contrary is proved.
APPENDIX TO EXPLANATORY NOTE
English translation of certificate prescribed by article 4 of, and Schedule 2 to, this Order
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