How Unreasonable is the Offensive Behaviour etc Act – Guest Post by searriagh

In a continuation of the Scottish government’s determination to bludgeon football fans with their Offensive Behaviour at Football Grounds and Threatening Communications (Scotland) Act 2012, Mr Joseph Anthony Cairns, recently acquitted of the heinous crime of singing two Irish Republican songs at a football match is to be dragged once again through the courts.

After an appeal by the Prosecutor Fiscal’s office, three law Lords, Brodie, Phillips and Lady Paton have decide to overturn the original Sheriff’s decision in the trial. Mr Cairns was charged with breaching Section 1(2)(e) of the Act. That is to say he allegedly indulged in behaviour that a reasonable person would be likely to consider offensive.

The original Sheriff had decided that Mr Cairns had no case to answer as the evidence showed that there had been no obvious reaction from the opposition supporters to the songs sung, possibly due to the fact that they could not sufficiently hear the lyrics being chanted and therefore could not possibly be offended.