QUEEN'S BENCH DIVISION
DIVISIONAL COURT
Strand London WC2 |
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B e f o r e :
(Vice President of the Court of Appeal, Criminal Division)
MR JUSTICE JACKSON
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DAVID BROWN | (CLAIMANT) | |
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INNER LONDON CROWN COURT | (DEFENDANT) |
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(Official Shorthand Writers to the Court)
MR D ZEITLIN (instructed by Crown Prosecution Service) appeared on behalf of the DEFENDANT
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"(1) This section applies where a person ('the offender') is convicted of a relevant offence.
(2) If the court is satisfied that there are reasonable grounds to believe that making a banning order would help to prevent violence or disorder at or in connection with any regulated football matches, it must make such an order in respect of the offender ...
(4) A banning order may only be made under this section -
(a) in addition to a sentence imposed in respect of the relevant offence; or
(b) in addition to an order discharging him conditionally."
"(1) An application for a banning order in respect of any person may be made by the chief officer of police for the area in which the person resides or appears to reside if it appears to the officer that the condition in sub-section (2) below is met.
(2) That condition is that the respondent has at any time caused or contributed to any violence or disorder in the United Kingdom or elsewhere ...
(4) If (a) it is proved on the application that the condition in sub-section (2) above is met, and (b) the court is satisfied that there are reasonable grounds to believe that making a banning order would help to prevent violence or disorder at or in connection with any regulated football matches, the court must make a banning order in respect of the respondent."
"Any offence under section 166 of the Criminal Justice and Public Order Act 1994 (sale of tickets by unauthorised persons) which relates to tickets for a football match."
"He points out that under section 14A the court must make a banning order if satisfied that there are reasonable grounds to believe that it would help to prevent violence or disorder at or in connection with any regulated football matches. He considers that it is obvious that banning a person convicted of ticket touting would so help because ticket touting can undermine crowd control measures and lead to violence and disorder."
"On the assumption that the only evidence against the defendant was that on one occasion he sold a ticket to an undercover police officer, it is arguable that the banning order ought not to have been made."
(1) Under section 14A, where the defendant is convicted of a relevant offence.
(2) Where the defendant has not been convicted of a relevant offence but the circumstances set out in section 14B apply.