Category Archives: Public Order and Criminal Justice (Scotland) Act 2006

The Appeal Court Restricts the Use of Football Banning Orders

Football banning orders are seen as one of the vital tools in maintaining order at football matches. Whilst widely used in England, they have been slower to be utilised in Scotland, although that appears to have recently changed.
Such an order can be made, it is generally understood, in connection with football related violence, or threats thereof. However, as is often the case perception and reality differ as is shown by the case discussed below.
The issue for the court was whether a “football-related” offence, being one clearly connected to football, but not necessarily to a specific football match, could result in the accused being the subject of such an order. In this case, the offence, admitted by the accused, was of committing a breach of the peace by sending a message of a threatening and offensive nature to a social media site.
The message was posted on Twitter on 14th February 2012. It read:-
“Lawwell needs a bullet. Simples”
Bearing in mind the tortuous definition of “football match” described below, it is of note to see the Appeal Court’s view of how far that extends, and more importantly, where it stops. Continue reading

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Filed under Criminal Appeals, Criminal Law, Football, MacDonald v PF Glasgow, Public Order and Criminal Justice (Scotland) Act 2006, Uncategorized