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Session 2005 - 06
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Violent Crime Reduction Bill


Violent Crime Reduction Bill
Schedule 1 — Football banning orders and football-related consequential amendments
Part 1 — Football banning orders

41

 

Schedules

Schedule 1

Section 37

 

Football banning orders and football-related consequential amendments

Part 1

Football banning orders

5

Introductory

1          

The Football Spectators Act 1989 (c. 37) is amended as follows.

Banning orders: bail conditions

2     (1)  

In section 14A (banning orders on conviction of an offence), after subsection

(4B) insert—

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“(4BA)   

If the court adjourns or further adjourns any proceedings under

subsection (4A) or (4B), the court may remand the offender.

(4BB)   

A person who, by virtue of subsection (4BA), is remanded on bail

may be required by the conditions of his bail—

(a)   

not to leave England and Wales before his appearance before

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the court, and

(b)   

if the control period relates to a regulated football match

outside the United Kingdom or to an external tournament

which includes such matches, to surrender his passport to a

police constable, if he has not already done so.”

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      (2)  

In subsection (4C) of that section, omit “But” and after “a warrant” insert

“under subsection (4B) above”.

      (3)  

In section 14B (banning orders on a complaint), after subsection (4) insert—

“(5)   

If the magistrates’ court adjourns proceedings on an application

under this section, the court may remand the person in respect of

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whom the application is made.

(6)   

A person who, by virtue of subsection (5) above, is remanded on bail

under section 128 of the Magistrates’ Courts Act 1980 may be

required by the conditions of his bail—

(a)   

not to leave England and Wales before his appearance before

30

the court, and

(b)   

if the control period relates to a regulated football match

outside the United Kingdom or to an external tournament

which includes such matches, to surrender his passport to a

police constable, if he has not already done so.”

35

 

 

Violent Crime Reduction Bill
Schedule 1 — Football banning orders and football-related consequential amendments
Part 1 — Football banning orders

42

 

Appeals against decisions not to make banning orders

3     (1)  

In section 14A (banning order made on conviction for an offence), after

subsection (5) insert—

“(5A)   

The prosecution has a right of appeal against a failure by the court to

make a banning order under this section—

5

(a)   

where the failure is by a magistrates’ court, to the Crown

Court; and

(b)   

where it is by the Crown Court, to the Court of Appeal.

(5C)   

An appeal under subsection (5A)(b) may be brought only if the Court

of Appeal gives permission or the judge who decided not to make an

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order grants a certificate that his decision is fit for appeal.

(5D)   

An order made on appeal under this section (other than one

directing that an application be re-heard by the court from which the

appeal was brought) is to be treated for the purposes of this Part as if

it were an order of the court from which the appeal was brought.”

15

      (2)  

In section 14D (appeals against banning orders made on complaint), after

subsection (1) insert—

“(1A)   

An appeal lies to the Crown Court against the dismissal by a

magistrates’ court of an application for the making of a banning

order under section 14B above.”

20

      (3)  

In subsection (2) of that section, for “the appeal” substitute “an appeal under

this section”.

Applications for banning orders under section 14B

4     (1)  

In section 14B (banning orders made on a complaint)—

(a)   

in subsection (1) for “the chief officer of police for the area in which

25

the person resides or appears to reside” substitute “the relevant chief

officer”; and

(b)   

after subsection (1) insert—

“(1A)   

In subsection (1) ‘the relevant chief officer’ means—

(a)   

the chief officer of police of any police force

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maintained for a police area; or

(b)   

the chief constable of the British Transport Police

Force.”

      (2)  

In section 21B(4) (summary measures: reference to a court), for “the chief

officer of police for the area in which the person resides or appears to reside”

35

substitute “the relevant chief officer”.

Notification obligations under banning orders

5     (1)  

Section 14E (banning orders: general) is amended as follows.

      (2)  

After subsection (2) insert—

“(2A)   

A banning order must require the person subject to the order to give

40

notification of the events mentioned in subsection (2B) to the

enforcing authority.

 

 

Violent Crime Reduction Bill
Schedule 1 — Football banning orders and football-related consequential amendments
Part 1 — Football banning orders

43

 

(2B)   

The events are—

(a)   

a change of any of his names;

(b)   

the first use by him after the making of the order of a name

for himself that was not disclosed by him at the time of the

making of the order;

5

(c)   

a change of his home address;

(d)   

his acquisition of a temporary address;

(e)   

a change of his temporary address or his ceasing to have one;

(f)   

the loss of his passport;

(g)   

receipt by him of a new passport and the details of that

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passport;

(h)   

an appeal made by him in relation to the order;

(i)   

an application made by him under section 14H(2) for

termination of the order;

(j)   

an appeal made by him under section 23(3) against the

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making of a declaration of relevance in respect of an offence

of which he has been convicted.

(2C)   

A notification required by a banning order by virtue of subsection

(2A) must be given before the end of the period of seven days

beginning with the day on which the event in question occurs.”

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      (3)  

After subsection (7) insert—

“(8)   

In this section—

‘declaration of relevance’ has the same meaning as in section 23;

‘home address’, in relation to any person, means the address of

his sole or main residence;

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‘loss’ includes theft or destruction;

‘new’ includes replacement;

‘temporary address’, in relation to any person, means the

address (other than his home address) of a place at which he

intends to reside, or has resided, for a period of at least four

30

weeks.”

Duration of banning orders

6          

In section 14F(5) (duration of banning orders), for “three” substitute “five”

and for “two” substitute “three”.

Notices during control periods

35

7          

In section 19 (functions of enforcing authority and local police), after

subsection (2E)(b) insert—

“(c)   

must require him to notify the enforcing authority within the

time period specified in the notice of each address at which

he intends to stay, or has stayed, for one night or more in a

40

period which is the control period in relation to a regulated

football match.”

 

 

Violent Crime Reduction Bill
Schedule 1 — Football banning orders and football-related consequential amendments
Part 2 — Consequential Amendments

44

 

Deemed receipt of notices and other documents

8     (1)  

In section 25 (service of documents), after subsection (1) insert—

“(1A)   

A notice or other document served in accordance with subsection (1)

on a person who is the subject of a banning order is to be deemed to

be received by him at the time when it is served unless he proves

5

otherwise.”

      (2)  

In section 21(7) (service of notices under section 19), after “subsection (6)

above” insert “(instead of section 25(1A))”.

Part 2

Consequential Amendments

10

Meaning of “spectator” in Part 1

9          

For section 1(6) of the Football Spectators Act 1989 (c. 37) (definition of

“authorised spectator”) substitute—

“(6)   

A person is not to be regarded as a ‘spectator’ in relation to a

designated football match if the principal purpose of his being on the

15

premises is to provide services in connection with the match, or to

report on it.”

General provisions relating to licences to admit spectators

10         

In section 10(17) of that Act (licences to admit spectators: general), for “, the

licensing authority or the Football Membership Authority” substitute “or the

20

licensing authority”.

Declarations of relevance

11         

In section 23 of that Act (provisions about declarations of relevance), at the

end insert—

“(5)   

In this section ‘declaration of relevance’ means a declaration by a

25

court for the purposes of Schedule 1 to this Act that an offence related

to football matches, or that it related to one or more particular

football matches.”

Periods relevant to football matches

12         

For paragraph 4(2) of Schedule 1 to that Act (meaning of period relevant to

30

a football match) substitute—

    “(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—

35

(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;

 

 

Violent Crime Reduction Bill
Schedule 2 — Forfeiture and detention of vehicles etc.

45

 

(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.”

5

Amendments of other enactments

13    (1)  

In each of the enactments specified in sub-paragraph (2), for “declaration of

relevance under” substitute “declaration of relevance, within the meaning of

section 23 of”.

      (2)  

Those provisions are—

10

(a)   

section 50(1)(h) of the Criminal Appeal Act 1968 (c. 19); and

(b)   

section 108(3) of the Magistrates’ Courts Act 1980 (c. 43).

      (3)  

This paragraph does not apply in relation to declarations made before the

commencement of paragraph 11.

Schedule 2

15

Section 38

 

Forfeiture and detention of vehicles etc.

1          

The Sexual Offences Act 2003 (c. 42) is amended as follows.

2          

After section 60 (sections 57 to 59: interpretation and jurisdiction) insert—

“60A    

Forfeiture of land vehicle, ship or aircraft

(1)   

This section applies if a person is convicted on indictment of an

20

offence under sections 57 to 59.

(2)   

The court may order the forfeiture of a land vehicle used or intended

to be used in connection with the offence if the convicted person—

(a)   

owned the vehicle at the time the offence was committed;

(b)   

was at that time a director, secretary or manager of a

25

company which owned the vehicle;

(c)   

was at that time in possession of the vehicle under a hire-

purchase agreement;

(d)   

was at that time a director, secretary or manager of a

company which was in possession of the vehicle under a hire-

30

purchase agreement; or

(e)   

was driving the vehicle in the course of the commission of the

offence.

(3)   

The court may order the forfeiture of a ship or aircraft used or

intended to be used in connection with the offence if the convicted

35

person—

(a)   

owned the ship or aircraft at the time the offence was

committed;

(b)   

was at that time a director, secretary or manager of a

company which owned the ship or aircraft;

40

 

 

Violent Crime Reduction Bill
Schedule 2 — Forfeiture and detention of vehicles etc.

46

 

(c)   

was at that time in possession of the ship or aircraft under a

hire-purchase agreement;

(d)   

was at that time a director, secretary or manager of a

company which was in possession of the ship or aircraft

under a hire-purchase agreement;

5

(e)   

was at the time a charterer of the ship or aircraft; or

(f)   

committed the offence while acting as captain of the ship or

aircraft.

(4)   

But in a case to which subsection (3)(a) or (b) does not apply,

forfeiture may be ordered only—

10

(a)   

in the case of a ship, if subsection (5) or (6) applies;

(b)   

in the case of an aircraft, if subsection (5) or (7) applies.

(5)   

This subsection applies where a person who, at the time the offence

was committed, owned the ship or aircraft or was a director,

secretary or manager of a company which owned it, knew or ought

15

to have known of the intention to use it in the course of the

commission of an offence under sections 57 to 59.

(6)   

This subsection applies where a ship’s gross tonnage is less than 500

tons.

(7)   

This subsection applies where the maximum weight at which an

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aircraft (which is not a hovercraft) may take off in accordance with

its certificate of airworthiness is less than 5,700 kilogrammes.

(8)   

Where a person who claims to have an interest in a land vehicle, ship

or aircraft applies to a court to make representations on the question

of forfeiture, the court may not make an order under this section in

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respect of the vehicle, ship or aircraft unless the person has been

given an opportunity to make representations.

60B     

Detention of land vehicle, ship or aircraft

(1)   

If a person has been arrested for an offence under sections 57 to 59, a

constable or a senior immigration officer may detain a relevant

30

vehicle, ship or aircraft—

(a)   

until a decision is taken as to whether or not to charge the

arrested person with that offence;

(b)   

if the arrested person has been charged, until he is acquitted,

the charge against him is dismissed or the proceedings are

35

discontinued; or

(c)   

if he has been charged and convicted, until the court decides

whether or not to order forfeiture of the vehicle, ship or

aircraft.

(2)   

A vehicle, ship or aircraft is a relevant vehicle, ship or aircraft, in

40

relation to an arrested person if it is a land vehicle, ship or aircraft

which the constable or officer concerned has reasonable grounds for

believing could, on conviction of the arrested person for the offence

for which he was arrested, be the subject of an order for forfeiture

made under section 60A.

45

(3)   

A person (other than the arrested person) may apply to the court for

the release of a land vehicle, ship or aircraft on the grounds that—

(a)   

he owns the vehicle, ship or aircraft;

 

 

Violent Crime Reduction Bill
Schedule 2 — Forfeiture and detention of vehicles etc.

47

 

(b)   

he was, immediately before the detention of the vehicle, ship

or aircraft, in possession of it under a hire-purchase

agreement; or

(c)   

he is a charterer of the ship or aircraft.

(4)   

The court to which an application is made under subsection (3) may,

5

on such security or surety being tendered as it considers satisfactory,

release the vehicle, ship or aircraft on condition that it is made

available to the court if—

(a)   

the arrested person is convicted; and

(b)   

an order for its forfeiture is made under section 60A.

10

(5)   

In this section, ‘court’ means—

(a)   

in relation to England and Wales—

(i)   

if the arrested person has not been charged, or he has

been charged but proceedings for the offence have

not begun to be heard, a magistrates’ court;

15

(ii)   

if he has been charged and proceedings for the

offence are being heard, the court hearing the

proceedings;

(b)   

in relation to Northern Ireland—

(i)   

if the arrested person has not been charged, a

20

magistrates’ court for the county court division in

which he was arrested;

(ii)   

if he has been charged but proceedings for the offence

have not begun to be heard, a magistrates’ court for

the county court division in which he was charged;

25

(iii)   

if he has been charged and proceedings for the

offence are being heard, the court hearing the

proceedings.

(6)   

In this section, ‘senior immigration officer’ means an immigration

officer (appointed or employed as such under the Immigration Act

30

1971) not below the rank of chief immigration officer.

60C     

Sections 60A and 60B: interpretation

(1)   

In this section and sections 60A and 60B, unless the contrary

intention appears—

‘aircraft’ includes hovercraft;

35

‘captain’ means master (of a ship) or commander (of an

aircraft);

‘land vehicle’ means any vehicle other than a ship or aircraft;

‘ship’ includes every description of vessel used in navigation.

(2)   

In sections 60A and 60B, a reference to being an owner of a vehicle,

40

ship or aircraft includes a reference to being any of a number of

persons who jointly own it.”

3          

In section 142(2) (provisions extending to Northern Ireland), in paragraph

(a) for “to 60” substitute “to 60C”.

 

 

 
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