Scottish Sporting Events Legislation PDF

OFFICIAL Unit 7 Lesson 5.2...

OFFICIAL Unit 7 Lesson 5.2 Sporting Events Legislation Lesson Aim: The learner will be able to explain considerations in the policing of sporting events and associated offences. Learning Outcomes: Introduction On successful completion of the lesson, students will be able to:- Police officers are frequently involved in the policing of sporting events, including Scottish Premier League football matches and 1. Explain the terms used in the Criminal Law international football matches involving the (Consolidation) (Scotland) Act 1995, in national team. relation to: These are legislated within the terms of the Designated sports ground and Criminal Law (Consolidation) (Scotland) Act event 1995 and can range from a capacity crowd at Relevant area a large stadium to a crowd of only a few Period of a designated sporting hundred at a lower league ground. In any event case, the principles are the same regarding Controlled container crowd safety and the control of alcohol and containers. 2. Explain what is meant by the term Crowd safety and acts of disorder can be a “presumption of contents”. serious problem. 3. State the offences and police powers in Over the years there have been a number of relation to public transport. serious incidents involving crowd safety at a number of stadiums including; Ibrox, Bradford, Sheffield, Hampden and Pittodrie 4. State the relevant offences committed at a and in some of these cases there was tragic designated sporting event. loss of life. 5. State the relevant offence in relation to Much of the trouble at football grounds was The Fireworks and Pyrotechnic Articles identified as being committed by persons (Scotland) Act 2022 and the associated under the influence of alcohol committing acts police powers. of violence and disorder. The Criminal Law (Consolidation) (Scotland) 6. Explain the role of the police in intelligence Act 1995, also allows police the power to gathering in and around sporting events. control the behaviour of supporters both within and while travelling to and from the 7. State the purpose and general principles sports venue. Essentially, the Act makes it of a Football Banning Order. unlawful to be in possession of alcohol, or be drunk at major football matches. 1 th Amended 14 March 2024 v.6 OFFICIAL  OFFICIAL Unit 7 Lesson 5.2 Sporting Legislation Explanation of Terms Before looking at the offences under the Criminal Law (Consolidation) (Scotland) Act 1995, the following explanations should be understood:- 1. Designated Sports Grounds and Events Before the provisions of this Act can take effect, the Scottish Ministers must ‘designate’ both the sports grounds and sports event concerned. In effect all members of the Scottish Professional Football League, the national team playing at Hampden Park or Murrayfield and teams from Scotland playing abroad in competitions such as the Champions League are included along with a list of events as outlined in Appendix A. 2. Relevant Area The ‘relevant area’ of a sports ground means any part of the ground:- to which spectators are granted access on payment; or, from which the event can be viewed directly (this would cover those grounds and instances when access is permitted without payment). 3. Period of Designated Sporting Event The ‘period of a designated sporting event’ means a period:- which commences 2 hours before the start, or advertised start; and is concluded 1 hour after the event. (This applies to an advertised event even if it is subsequently postponed or cancelled). Example:- Where a designated sporting event is scheduled to start at 3pm, then the ‘period of the designated sporting event' would be from 1pm until 1 hour after the finish of the event. 2 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 5.2 Sporting Legislation 4. Controlled Container A ‘controlled container’ means a container of any description which:- is, or was, capable of holding any liquid; and is made from a material which, if the container were to be thrown or propelled at a person, could cause injury to that person. Obvious examples of controlled containers include beer cans or bottles but the Act specifically exempts those containers which contain medicines for medical use. Presumption of Contents Any liquid found in a container whether sealed or open shall be presumed to conform to the description of the liquid on the container. Therefore we assume that if a container is stated to contain cider, the liquid is in fact cider. If an open container was empty or had insufficient liquid to permit analysis, provided the container was sealed when it was sold or supplied, then the presumption still stands. Offences Regarding Public Transport The following section relates to the entire journey to and from the designated sporting event and the offences which are committed as soon as the supporters board the mode of transport conveying them back and forward from the venue. This includes supporter's buses or trains specifically hired for the purpose of the journey. It does not include private motorcars. Section 19(1) of the Criminal Law (Consolidation) (Scotland) Act 1995 creates an offence for any person:- to be drunk, or to be in possession of alcohol whilst on a public service vehicle or passenger train which is being principally used for carrying passengers to or from a designated sporting event. It is also an offence for the hirer, operator or operator’s employee to permit alcohol to be carried on such a public service vehicle. 3 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 5.2 Sporting Legislation Minibuses Similar provisions exist relating to minibuses (not classed as Public Service Vehicles, which are constructed or adapted to carry more than 8 passengers) if used for the principal purpose of transporting two or more passengers to or from a designated sporting event. Defence It is a statutory defence for a person charged with permitting alcohol to be carried on such vehicles if the defence can prove that it occurred without their consent or connivance and that they took reasonable action to prevent the offence from occurring. Common Offences Section 20 of the Act creates offences for any person to be:- within, or attempting to enter, the relevant area of a designated sports ground during the period of a designated sporting event if they are in possession of: o a controlled container; or o any alcohol; or o are drunk. Club rules and conditions of entry are used by police and stewards to allow searching of fans queueing for entry to the stadium. All of these rules are straightforward and designed for public safety. Police Powers Section 21 of the Act provides that a Constable may:- Stop and search vehicles, if section 19 offences are suspected. Enter any designated sports ground during the period of a designated sporting event. Search any person reasonably suspected of committing an offence against sections 19 to 20 of the Act. 4 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 5.2 Sporting Legislation Seize any container (and its contents) if it is reasonably suspected of containing alcohol, or if it is a controlled container. Arrest any person whom they have reasonable cause to suspect has committed an offence against sections 19 to 20 of the Act. Most people are now aware of what can and cannot be taken into a football ground. There is however an issue when the Junior Cup Final is played at a designated sports ground. While this Act does not apply to Junior League football, it applies to Junior Cup football and if the final is played at a designated ground, all the relevant sections of the Criminal Law (Consolidation) (Scotland) Act 1995 apply. Key Information KI When policing a sporting event, take the time to talk to the supporters. This interaction can lead to greater co- operation and can assist with the smooth running of the event. The Fireworks and Pyrotechnic Articles (Scotland) Act 2022 Smoke devices are the most prolifically used pyrotechnic. The smoke produced is toxic and can trigger asthma attacks and other respiratory problems. The bright burning light from a flare can cause eye damage. Some football clubs are choosing to lay artificial pitches. Damage caused by pyrotechnics thrown onto them is more costly and complicated to repair. Section 36 makes it an offence for a person to possess (without reasonable excuse) a pyrotechnic article in a designated venue or while at a designated event. For the purposes of section 36 of the Act, the designated class of sporting events consists of events at which— (a) live sport is to take place, (b) the public are admitted to the event as an audience, (c) the person responsible for organising the event can regulate entry to the event, and (d) the venue where the event is held has capacity for 1,000 or more attendees within the audience. 5 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 5.2 Sporting Legislation Note:- “pyrotechnic article” means an article which contains explosive substances or an explosive mixture of substances designed to produce heat, light, sound, gas or smoke or a combination of such effects. Section 41 provides a power of search, if a constable has reasonable grounds for suspecting that a person has committed or is committing an offence under this act, the constable may— search that person without warrant, stop and search a vehicle (and anything on or in it) seize and retain any item found in the course of a search which may be relevant to the commission of the offence. Health and Safety HS DO NOT pick up or kick away activated or spent pyrotechnic devices. Clubs will have designated stewards trained to deal with these articles. Once deemed safe, consider forensic opportunities. Note:- Unit 7 Lesson 3.1, Miscellaneous Antisocial Offences - provides other legislation in relation to fireworks and pyrotechnics. Intelligence Gathering In and Around Sporting Events A specific concern in the policing of football fixtures is the small element of supporters who see football as a reason for disorder and violence. These fans fall into two broad categories, Risk Supporters (or Football Casuals) and Ultras (supporters who regard themselves as having greater commitment to supporting their club than ordinary supporters). Intelligence plays a vital role in the planning and preparation for sporting events, allowing accurate risk assessments to be conducted and appropriate deployment of resources and any intelligence gained relating to a fixture or Risk/Ultra groups should be submitted through SID. On match day, this intelligence may be more dynamic and often specialist officers are also deployed within the event area who will be aware of the following to assist and provide any updates through Match Control to the Match Commander: 6 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 5.2 Sporting Legislation Details and images of any risk supporters and unknown persons associating with them. Modes of transport used by risk supporters, including names and VRM of bus companies. Places frequented before, during and after the fixture. Any affiliations risk supporters have with other clubs. Tactics used to avoid Police. Details of any risk nominal who will engage with Police. Methods of communication between risk groups (e.g. WhatsApp, IM, Social Media Groups) Any links to Serious and Organised Crime Groups. Note:- Criminal groups will use mobile telephones on the day to communicate with the opposing Risk Group to organise suitable sites for disorder. If there is an increase in mobile phone activity amongst groups of Risk Supporters this can be seen as a precursor to disorder and passed to Match Control. Dedicated Football Officer (DFO) DFOs provide a focal point for information and intelligence relating to policing of football. DFOs will help minimise the impact of anti- social behaviour, violence or criminality at football. Contribution to analysis to identify threats & trends. All local policing areas having responsibility for the football ground of a Scottish Premier League or Scottish Football League club should consider appointing a designated DFO for each club. If local circumstances dictate a DFO could be appointed for other clubs, such as those affiliated to the Scottish Junior Football Association. Football Evidence Gathering Teams (EGT) The purpose of Football EGT is to support local divisions by gathering evidence where there are incidents of violence, disorder and hate crime and to provide guidance on legislation and policy. A Football EGT will secure video, still images and audio evidence and offences as they occur on hand held and body worn cameras. This evidence will be made available to officers reporting individuals to the Procurator Fiscal, and, in the absence of a person being 7 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 5.2 Sporting Legislation apprehended at the time of the offence occurring, it can be made available for post-match enquiries, if appropriate. Football EGTs will deploy in addition to conventional policing and remain under the command of the Event Policing Lead. The size and format of the team will be dependent on the intelligence, category of the match and expected numbers of support. Football EGT officers are not an alternative to deploying ‘Operational Football Officers’ however they may have a good knowledge of ‘risk’ supporters from a variety of clubs and work well in conjunction with ‘Operational Football Officers’. Operational Football Officers (OFO) Operational Football Officers should be deployed for football operations when the risk of disorder is high. They can provide invaluable knowledge to Event Command decision making. They are deployed in order to provide a football policing operation with live and relevant information to assist decision-making by the Event Policing Lead and act as a link between the police and a club’s supporter community with a view to increasing trust and confidence between the police and the supporter community. OFO should be able to identify known or suspected persons or groups involved in disorder or antisocial behaviour. They will also be able to identify and report on persons subject to Football Banning Orders. Football Banning Orders Football Banning Orders were introduced in Scotland under Section 51 of the Police, Public Order and Criminal Justice (Scotland) Act, 2006. This means where:- a person is convicted of an offence; and the person is aged 16 or over at the time the offence is committed; Instead of, or in addition to, any sentence the court imposes, it may make a Football Banning Order against the person. This section applies to an offence if:- the offence involved the person who committed it engaging in violence or disorder; and 8 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 5.2 Sporting Legislation the offence related to a football match. Note:- an offence is related to a football match if it is committed: at a football match, or while the person committing it is entering or leaving (or trying to enter or leave) the ground; on a journey to or from a football match; or otherwise, where it appears to the court from all the circumstances that the offence is motivated by a football match. There are two ways in which a football banning order can be made:- 1. On Conviction - Where a person is convicted of a football related offence (described above). Consideration for a football banning order can be requested in the 'remarks' section of a police report. 1. On Summary Application - An application (lodged at the appropriate Sheriff Court) can be made on behalf of the Chief Constable for a Football Banning Order against any person who resides within the force area. A sheriff may make a Football Banning Order if satisfied that the person has at any time contributed to any violence or disorder in the UK or elsewhere and there are reasonable grounds to believe that making the order would help to prevent violence or disorder in connection with any football match. (This would routinely be carried out by a Local Intelligence Officer.) Such an order prohibits the banned person from entering any football ground in the UK when it is being used for a football match. The ban is extended to matches being played abroad and almost always requires a banned person to surrender his or her passport at a relevant time. A Football Banning Order is made for a specified period. A person who fails to comply with any requirement of a Football Banning Order commits an offence punishable by imprisonment. 9 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 5.2 Sporting Legislation Appendix A Designated Classes of Sporting Events Association football matches in the Scottish Professional Football League. Association football matches in the Highland Football League Association football matches in the Lowland Football League Association football matches in the competition for:- the Scottish Football Association Challenge Cup. the Scottish League Cup. the Scottish League Challenge Cup. the Scottish lowland Football League Cup. the Scottish Highland Football League Cup. the UEFA Champions League. the UEFA Europa League. the UEFA Super Cup. International Association football matches in Scotland. Association football matches (other than those specified in paragraphs 1 to 5 above) which come within the jurisdiction of the Scottish Professional Football League. Association football matches at a sports ground outside Great Britain in which one of the participating teams represents:- the Scottish Professional Football League; or a club which is a member of the Highland Football League. or a club which is a member of the Lowland Football League. 10 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 5.2 Sporting Legislation For further information, use the resources shown below:- Legal Database:- Criminal Law – Regulatory Offences – Public Entertainment - Sporting Events Open and Distance Learning - Sports Grounds http://www.footballsafety.com/policysafetyguide.htm http://www.scottishfa.co.uk/index.cfm http://www.sru.org.uk Review: You can explain the terms used in the Criminal Law (Consolidation) (Scotland) Act 1995, in relation to:- Designated sports ground and event Relevant area Period of a designated sporting event Controlled container You can explain what is meant by the term “presumption of contents” You can state the offences and police powers in relation to public transport You can state the relevant offences committed at a designated sporting event State the relevant offence in relation to The Fireworks and Pyrotechnic Articles (Scotland) Act 2022 and the associated police powers. You can explain the role of the police in intelligence gathering in and around sporting events You can state the purpose and general principles of Football Banning Orders 11 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 5.2 Sporting Legislation Learning Log: How will what you have learned in this module impact your day-to- day role? Are there any skills or knowledge you would like to develop further following this module? End of Module 12 General Police Duties OFFICIAL