Flares

There are a couple of tiers to this issue. The powers that the club can impose given its various rules and regulations in respect of reasonable expectations of supporters behaviour. The Police powers which can be used to apprehend individuals who are believed to have committed a criminal offence.

Firstly the club has rules, they state:-

• 7 The following articles must not be brought within the Ground - knives, Illegal Substances, fireworks, smoke canisters, air-horns, flares, weapons, dangerous or hazardous items, laser devices, bottles, glass vessels, cans, poles and any article that might be used as a weapon and/or compromise public safety. Any person in possession of such items will be refused entry to the Ground.
• 11 The following acts are offences under the Football (Offences) Act 1991 (as amended):11.1 the throwing of any object within the Ground without lawful authority or excuse.

If the individual is identified, then club could be within their rights to refuse that person future entry to the ground, as they were in breach of the rules. Subsequently, ‘Refused entry to (or ejection from) the Ground may lead to further action by the Club including, but not limited to, the withdrawal of any season ticket (without reimbursement), Club Membership and other benefits.
https://www.bradfordcityafc.com/siteassets/ground-regulations-2223_clean.pdf

The Terms and Conditions of Entry, give the club the power to:- ‘
8.2. Without prejudice to any other remedies it may have the Club may in its absolute discretion suspend the use of your Season Ticket in circumstances where the Club have reason to believe that you have behaved in a manner which is contrary to the Club or any other club’s rules or regulations and/or is deemed by the Club to have brought the Club into disrepute.
https://www.bradfordcityafc.com/siteassets/st2223tandcs.pdf

So the power rests with the club to in effect ‘ban’ anyone who has been identified as in breach of the rules.

What is not set out is the length of ban, or what has to happen for the club to lift the suspension!

Personally a ‘lifetime’ ban seems unduly draconian, especially if it is a first incident. I would prefer that there was some form of assessment that the individual was truly remorseful, that they had developed an insight as to what was wrong with their behaviour. Perhaps a series of interviews, a written apology to the victims, and any return to the club being on ‘licence’. Any further incident would lead to the possibility of the equivalent of several years ban.

As indicated above the second leg is in the hands of the Police. Having said that they need evidence to identify a suspect. That could entail CCTV and Witness statements from those who saw something relevant to the incident. The statements should come from supporters and importantly Stewards, who are employed by the club to promote and ensure safety.

If the club has insufficient CCTV, in an area where the potential for such incidents is more likely, then it has to review its measures. The same goes for the Stewards. Are they communicating with each other, identifying the potential for incidents. Is the CCTV remote or actively monitored by a controller who could perhaps increase scrutiny?

If the individual were charged and brought to court and subsequently convicted they could (as I understand it) face a custodial sentence up to six months. Additionally a Banning Order could be added, ‘Where the order is imposed in addition to a sentence of immediate imprisonment, the term of the order must be between six and ten years’. Even if a custodial tariff were not employed, they would face the prospect of a Football Banning Order, ‘the term of the order must be between three and five years’. I would hope some form of compensation payment to those who were directly affected by the incident and a Community Service Order https://www.sentencingcouncil.org.uk/explanatory-material/magistrates-court/item/ancillary-orders/14-football-banning-orders/

So in conclusion even if the individual was not convicted in a criminal court (beyond reasonable doubt), but the club, felt on the balance of probability, that they had satisfactory evidence, then I would guess that a ban of at least three years, possibly up to five years, would be on the cards.

 

As far as I understand it, the Police can only do so if the individual is convicted by a court. A Football Banning Order is a civil order, often imposed following a conviction for a football related offence. They are designed to prevent hooliganism in football, and act as a deterrent for avid football fans against becoming involved in any acts of disorder.