DC Morrison is reviewing a case where Holloway was convicted of a football-related public order offence. The prosecution considers applying for a football banning order under the Football Spectators Act 1989. Holloway's solicitor asks whether the court is obliged to make a banning order on conviction. Which of the following correctly states the position?
- AWhere a person is convicted of a relevant offence, the court must make a football banning order unless it is satisfied that there are particular circumstances which would make it unjust in all the circumstances to do so.
- BWhere a person is convicted of a relevant offence, the court may make a football banning order at its discretion - there is no presumption in favour of making an order and the prosecution must make out a positive case for one.
- CWhere a person is convicted of a relevant offence, the court must make a football banning order - there is no exception and the court has no discretion to decline to make one.
- DWhere a person is convicted of a relevant offence, the court must make a football banning order unless the defendant can prove on the balance of probabilities that they do not pose a risk of future disorder at football matches.
Show answer and explanation
Under s.14A Football Spectators Act 1989, where a person is convicted of a relevant offence, the court must make a football banning order unless it is satisfied that there are particular circumstances relating to the offence or offender which would make it unjust to do so. This is a strong presumption in favour of making an order - but the court retains a narrow discretion.
- B: Option B understates the position - the court must make an order unless particular circumstances justify not doing so. It is not a matter of pure discretion.
- C: The order is not entirely mandatory without exception. The court has a narrow discretion where particular circumstances make it unjust.
- D: The burden is not on the defendant to prove no future risk. The exception turns on whether the court identifies particular circumstances.