Ftball Banning Orders Standard Operating Prcedure Ntice: This dcument has been made available thrugh the Plice Service f Sctland Freedm f Infrmatin Publicatin Scheme. It shuld nt be utilised as guidance r instructin by any plice fficer r emplyee as it may have been redacted due t legal exemptins Owning Department Versin Number Ftball Crdinatin Unit fr Sctland (FCUS) 6.00 (Publicatin Scheme) Date Published 25/01/2018 (Publicatin Scheme)
Cmpliance Recrd Equality and Human Rights Impact Assessment (EqHRIA): Date Cmpleted / Reviewed: Infrmatin Management Cmpliant: Health and Safety Cmpliant: Publicatin Scheme Cmpliant: 16/01/2018 Yes Yes N Versin Cntrl Table Versin Histry f Amendments Apprval Date 1.00 Initial Issue PSS SOP 05/06/2013 2.00 Full Review, Including: Change f address and cntact infrmatin fr FCUS, insertin f prcess flw charts fr Initial Registratin and Freign Match Reprting, 24/08/2015 and minr administrative changes thrughut. 3.00 Minr change t nmenclature frm PSS t Plice Sctland. SOP has been frmatted nt new 31/10/2016 crprate template. 4.00 EqHRIA sectin amended t reflect the date f last assessment undertaken and apprved, Sectin 1.1 inserted t include reference t the Ftball Plicy and nmenclature changed frm Plice Service f 25/11/2016 Sctland t Plice Sctland under Sectin 7.2 and Appendix D. 5.00 Under the directin f DCC Jhnny Gwynne the amendments nted in this SOP are in relatin t grammatical changes nly frm the wrding plice 11/07/2017 ffice t plice statin 6.00 Minr amendments t grammar and t ensure cmpliance fr frthcming Criminal Justice Act 16/01/2018 (Publicatin Scheme) 2
Cntents 1. Purpse 2. Prcess / Prcedure 2.10 Hw a Ftball Banning Order (FBO) is made 2.11 FBO n Cnvictin 2.12 FBO n Summary Applicatin 3. Definitins 4. Prprtinality and Justificatin 5. Submissin f Plice Reprts t Prcuratr Fiscal (PF) 6. Cllatin f Intelligence 7. Administratin 8. Plice Natinal Cmputer 9. Initial Registratin 10. Enfrcement 11. Freign Matches: Reprting and Other Requirements 12. Appeals, Variatins, Terminatin and Exemptins 13. Offences Breaches f a FBO 14. Rles and Respnsibilities 14.1 Ftball Banning Order Authrity (FBOA) 14.2 Rle f Dedicated Ftball Officer (DFO) 14.3 Match Reprts 14.4 Ftball Banning Order Reprting 14.5 Ftball Liaisn Prsecutr (FLP) (Publicatin Scheme) 3
Appendices Appendix A Appendix B Appendix C Appendix D Appendix E Appendix F Appendix G Appendix H List f Assciated Legislatin List f Assciated Generic Plice Sctland Frce Frms Glssary f Terms Guidance Package fr Summary Applicatins Ftball Banning Order Structure Ftball Banning Order Reprting Statins Initial Registratin Flw Chart Freign Match Reprting Flw Chart (Publicatin Scheme) 4
1. Purpse 1.1 This Standard Operating Prcedure (SOP) supprts the Plice Service f Sctland (hereafter referred t as Plice Sctland) Ftball Plicy. 1.2 The aim f this standard perating prcedure is t ensure staff awareness is raised and prcedures are implemented with regard t the issue and management f Ftball Banning Orders (FBO) in line with the Plice, Public Order and Criminal Justice (Sctland) Act 2006, (The Act) intrduced n 1 September 2006. 2. Prcess 2.1 Part 2, Chapter 1 f The Act, allws fr a FBO t be impsed in relatin t a persn invlved in ftball related vilence and disrder. The legislatin is designed t impact n all ftball related vilence and disrder and will ensure that thse wh have been invlved in ftball related disrder are prevented frm participating in such activities in the future. 2.2 A FBO is an rder, which prhibits the persn against whm it is made frm entering any premises fr the purpses f attending any regulated ftball matches in the United Kingdm (UK), and requires the persn t reprt t a plice statin and surrender their passprt (if they have ne) in cnnectin with regulated ftball matches utside the UK. 2.3 If necessary, the curts can extend The Order t ban recipients frm entering exclusin znes arund ftball stadiums, using public transprt n match days, and frm visiting ptential ht spts, such as twn centres, pubs and bars during risk perids. 2.4 The precise cnditins attached t a FBO can be tailred n a case-by-case basis as deemed apprpriate by the curt. 2.5 The purpse f FBO, in general terms, is t ensure that thse wh have been invlved in ftball related disrder befre are prevented frm participating in such activities in the future. 2.6 After a FBO is issued, the persn must reprt at a designated plice statin in Sctland within five days f the rder being made. 2.7 Any Curt which makes a FBO must specify the perid fr which it is t have effect. There are varius maximum perids applicable t FBOs, accrding t the circumstances in which they cme t be made. In brad terms, the perid fr which the FBO is made shuld reflect the seriusness f the circumstances f the case in pint. (Publicatin Scheme) 5
2.8 A FBO last n lnger than: Ten years fr a FBO n Cnvictin made in additin t a sentence f imprisnment; Five years fr all ther FBO n Cnvictin; Three years in respect f a FBO n Summary Applicatin (SA). 2.9 The bjectives f FBO are t: Reduce and deter ftball related vilence and criminality; Encurage rdinary / decent supprters t self-plice; and Islate the minrity f trublemakers. 2.10 Hw a FBO is made 2.10.1 Under The Act, there are tw means by which an FBO can be made: FBO n Cnvictin - When a persn is cnvicted f a ftball related ffence ; FBO n SA - Civil applicatin based n cmpetent evidence and cllated intelligence f the subjects past behaviur relating t vilence r disrder. 2.11 FBO n Cnvictin 2.11.1 A Curt may impse a FBO n an individual cnvicted f a ftball related ffence instead f, r in additin t, the sentence fr the riginal ffence, in the fllwing circumstances: the persn was aged 16 years r ver when the ffence was cmmitted; and the Curt is satisfied that:- 1. the ffence invlved the persn engaging in vilence r disrder; 2. the ffence was cmmitted during a perid relevant t a ftball match; 3. the ffence related t the match (r t the match and any ther ftball match which tk place during that perid); and 4. there are reasnable grunds t believe that making The Order wuld help t prevent vilence r disrder at r, in cnnectin with, any ftball matches. (Publicatin Scheme) 6
2.11.2 An ffence is ftball related if it is cmmitted: At the match r while the persn is entering r leaving (r trying t enter r leave) the grund; On a jurney t r frm the match; r Otherwise where it appears t the curt frm all the circumstances that the ffence is mtivated (whlly r partly) by the match, e.g. supprters wh dn t actually attend the match but engage in vilence r disrder, clashing with rival fans. 2.11.3 Any references t the match include any place (ther than dmestic premises) at which the match is being televised. 2.11.4 A persn may be regarded as having been n a jurney t r frm a ftball match whether r nt the persn attended r intended t attend the match and a persn s jurney includes breaks (including vernight breaks). 2.11.5 On making a FBO under this sectin a Curt must explain t the persn in rdinary language the effect f the rder. The Curt will als issue them with a written cpy f The Order utlining the relevant restrictins/requirements impsed n them. 2.11.6 Shuld the Curt decide nt t impse an FBO n cnvictin, in certainly circumstance then a SA thrugh civil prceedings can be cnsidered in rder t seek an FBO against the subject. 2.12 FBO n SA 2.12.1 A FBO can be btained by civil prcedure whereby a SA is ldged at the apprpriate Sheriff Curt n behalf f the Chief Cnstable. This can be against any persn: wh resides in the area f the plice service; r wh the Chief Cnstable believes is in, r intends t cme t, any area within the service. 2.12.2 Evidence requires t be presented t the Curt utlining the persn s invlvement in vilence r disrder in the past and prve that they still pse a risk. This culd deal with persns wh cntinually engage in vilence r disrder ver a perid f time but have nt been cnvicted, and can include evidence frm utside the UK. This evidence can als include nn-ftball related incidents and can take int accunt a wide range f previus cnvictins and nn-cnvictin intelligence. (Publicatin Scheme) 7
2.12.3 This evidence will be cllated in the frm f a package by the relevant Dedicated Ftball Officer (DFO) with an interest in the subject, under the lcal plicing cmmander fr that area. This package will be prepared and presented t Curt by apprpriate legal representatin. Packages shuld be cllated in cnjunctin with advice and assistance frm Legal Services t ensure quality and cnsistency. 2.12.4 The Ftball Banning Order Authrity (FBOA) is the Single Pint f Cntact (SPOC) fr all SA t ensure a cnsistent apprach is applied acrss the frce and t btain best practice. DFO s shuld submit all SA t the FBOA fr nward submissin t Legal Services. 2.12.5 A Sheriff may make a FBO if satisfied that: the persn against whm the rder is sught has at any time cntributed t any vilence r disrder in the UK r elsewhere; and there are reasnable grunds t believe that making an rder wuld help t prevent vilence r disrder at r in cnnectin with any ftball matches. 2.12.6 A Sheriff can take int accunt previus cnduct f the subject and any relevant intelligence frm up t ten years prir t the date f applicatin t the Curt. 2.12.7 Officers shuld be aware that althugh this is a civil prcess the burden f prf is similar t that f the criminal Curt, nt merely n the balance f prbabilities. See Appendix D Guidance Package fr SA. 3. Definitins 3.1 Fr the purpse f The Act vilence and disrder are defined as fllws: Vilence means vilence against persns r intentinal damage t prperty and includes: threatening vilence; and ding anything, which endangers the life f a persn. Disrder includes: stirring up hatred against a grup f persns based n their membership (r presumed membership) f a grup; using threatening, abusive r insulting wrds r behaviur r disrderly behaviur; (Publicatin Scheme) 8
displaying any writing r ther thing which is threatening, abusive r insulting. 3.2 Within the definitin f disrder abve, grups can be defined with reference t: clur, race, natinality (including citizenship), ethnic r natinal rigins, membership f a religius grup r f a scial r cultural grup with a perceived religius affiliatin, sexual rientatin, transgender identity (transvestism, transsexualism, intersexuality r having, by virtue f the Gender Recgnitin Act 2004 (c.7), changed gender), and disability (physical r mental impairment f any kind). 4. Prprtinality and Justificatin 4.1 It is nt expected that a FBO will be made against everyne wh acts in a vilent r disrderly manner at a ftball match. This wuld be excessive and impssible t enfrce. Instead, FBOs will target thse wh display the wrst and mst extreme behaviur and will send a message t thers that this cnduct is nt tlerated. This shuld act as a strng example and a deterrent t thers wh chse t act in this manner. 4.2 Befre the Curt makes a FBO as a dispsal, cnsideratin will be given t whether: it wuld be ratinally cnnected t the bjective f preventing further ftball related vilence r disrder, and it wuld be prprtinate t the ffence cmmitted, and it wuld be n mre than necessary t achieve this bjective. 4.3 It is unlikely that a FBO will be made n cnvictin f a first time ffence unless it is particularly serius (e.g. sectarian) r the charge sets ut a curse f cnduct cmprising similar ffences. (Publicatin Scheme) 9
5. Submissin f Plice Reprts t PF 5.1 When submitting plice reprts t the PF fr any ftball-related ffences, e.g. match day ffences / breaches f FBO fficers are t ensure that the apprpriate ftball-related Integrated Scttish Criminal Justice Infrmatin System (ISCJIS) Aggravatr cde is used. This will assist fr mnitring purpses. The relevant ISCJIS Aggravatrs are as fllws: F - Ftball FB - Ftball: n Bail FR - Ftball: Racial BB - Ftball: Racial n Bail 5.2 If a FBO is sught then the accused shuld appear frm custdy / n undertaking with a request fr interim bail cnditins in the first instance. These shuld be requested by the reprting fficer via the remarks sectin f the plice reprt and shuld include wrding similar t the fllwing: In the reprting fficer s pinin this is a ftball related incident. Shuld the accused be cnvicted, it is respectfully requested, that cnsideratin be given t granting a Ftball Banning Order. This wuld prevent the accused attending future regulated ftball matches within the United Kingdm fr a perid as specified by the Curt. Other restrictins, where deemed apprpriate by the Curt, may als be included within this FBO. It is further requested, in the interim, that cnsideratin be given t impsing bail cnditins, prhibiting the accused attending any future ftball matches whilst these prceedings are nging. N.B. (If seeking specific restrictins, these must be relative t the ffence cmmitted). 5.3 T ensure cnsistency, the request shuld be apprved by the Match Cmmander / Area Cmmander wh will be fully aware f the threshld fr seeking an FBO. 5.4 A request fr a FBO shuld nly be made in circumstances where the severity r nature f the ffence wuld justify such restrictins n a persn s liberty and shuld an rder be granted, it wuld prevent further vilence r disrder at future ftball matches. Officers shuld take int cgnisance the ffence itself and any aggravatin if apprpriate befre requesting an FBO be cnsidered as a suitable dispsal. 5.5 When a case is submitted t the PF requesting that an FBO be cnsidered as an apprpriate dispsal, ntificatin f this must be frwarded by the area DFO t the FBAO / FBO Manager (FBOM) s Curt prceedings can be mnitred. (Publicatin Scheme) 10
5.6 It is imperative that the PF Ftball Return is sent t the relevant Ftball Liaisn Prsecutr (FLP) and the FBOA. 6. Cllatin f Intelligence 6.1 Ftball sptters may be deplyed befre, during and after ftball matches and may be assisted by Evidence Gathering Teams (EGTs). The primary rle f these fficers will be t lcate, identify and recrd the details f bth suspected, and knwn, ftball risk supprt, and disrupt any planned activities. 6.2 All instances f ftball related vilence and / r disrder shuld be fully recrded in fficers fficial ntebks and n the Scttish Intelligence Database (SID). SID lgs shuld be submitted using the heading FOOTBALL. 6.3 An individual, wh is the subject f ftball intelligence may, where apprpriate, have a FOOTBALL CASUAL indicatr appended t their nminal marker, and will als have an rganisatin link added (e.g. ftball club). 6.4 If a persn has been made subject t an FBO then a FOOTBALL BANNING ORDER marker will be added t their nminal recrd. These will assist fficers when searching the system fr ftball related intelligence and prvide a natinal frmat t adhere t. 6.5 Intelligence will be mnitred via standard match reprts, which will be cmpleted and cllated n behalf f the Match Cmmander at the end f each match and frwarded t the FBOA. Match reprts shuld als be sent t the DFO and the infrmatin cmmitted t Minerva (UK Ftball Plicing Unit s (UKFPU) database). Where pssible, match reprts shuld include all available infrmatin n arrests, relevant ffences and thse ejected frm stadiums in rder t build up infrmatin, which may be used in future civil applicatins. This infrmatin may als be supplemented directly frm the Ftball Clubs. 6.6 Officers tasked with preparing ftball details will liaise with the lcal DFO fr intelligence briefings prir t the match. A natinal list f FBO subjects will be maintained by the FBOA. This will allw fficers wh are carrying ut duties at ftball matches, r in htspt areas, t familiarise themselves in relatin t knwn, r suspected, trublemakers. 6.7 Officers shuld make best use f any CCTV available within their wn area. This includes public huses and private premises, and public transprt. (Publicatin Scheme) 11
6.8 In relatin t FBOs n SA, cntinual evidence gathering is required in relatin t knwn risk supprt. In particular knwn assciatins, premises frequented and descriptins f clthing wrn shuld be nted in fficers fficial ntebks and n the SID. Where CCTV is present, effrts shuld be made t seize, r btain, cpies f any relevant ftage and shuld be ldged in the apprpriate manner. This ftage can be used in any applicatin fr an FBO. 7. Administratin 7.1 Respnsibility fr the administratin f FBOs at a natinal level lies with the FBOA, based within the Ftball C-rdinatin Unit, Sctland (FCUS). 7.2 The FBOA is the SPOC and encmpasses implementatin, develpment and review f bth administratin and peratinal prcesses in rder t administer and c-rdinate FBOs n behalf f Plice Sctland. Headed by the FBOM, the authrity versees the prcedures, wrking in cnjunctin with DFO s thrughut the UK and Match Cmmanders t ensure FBOs are apprpriately sught and rigrusly enfrced, prviding a pint f disseminatin n individuals subject t FBOs while ffering cntinual expertise and guidance. Ultimately the FBOA is the SPOC, at a natinal level, fr Plice Frces, the Scttish Gvernment, Curts, COPFS, Hme Office, the UKFPU, Ftball Assciatins, and ther relevant partners t ensure the prvisin f public reassurance thrugh an effective FBO implementatin strategy. 7.3 The FBOA als mnitrs Curt prceedings fr bth criminal and civil applicatins ensuring that the Curts have all relevant and required infrmatin. 7.4 On making a FBO, the Clerk f the Curt will ntify the FBO befre the clse f daily business t allw administratin prcedures t cmmence. An internal administratin system recrds all rders made in Sctland with the relevant requirements/restrictins as well as any applicatins fr exemptins r terminatin. The FBOA, in turn, has the respnsibility fr ntifying the relevant DFO s (team DFO and gegraphical DFO). 7.5 The DFO shuld ensure that this infrmatin is shared with the assciated Ftball Club(s) thrugh their divisinal Ftball Liaisn Officer (FLO) and in accrdance with the Divisinal Infrmatin Sharing Prtcl. 7.6 The FBOA undertakes the wrk assciated with ntifying persn s subject f FBOs f their reprting requirements and manage all reprting perids. The FBOA als deals directly with subject enquiries. See Appendix E Ftball Banning Order Structure. (Publicatin Scheme) 12
8. Plice Natinal Cmputer (PNC) 8.1 The details f all persns subject f FBO will be recrded n the PNC and a Wanted / Missing marker will be held against their file name stating that they are subject t an FBO. In additin the recrd will specify the requirements f The Order and pwer f arrest attached. 8.2 In the case f a persn wh is subject f a FBO after a SA, but wh des nt have any previus cnvictins, a nminal file (under the Names applicatin) will be created n PNC and will display the existence f an FBO and the relevant cnditins specified. 8.3 On receiving ntificatin frm the Clerk f the Curt that an FBO has been made, the FBOA will ensure that PNC is updated accrdingly. 9. Initial Registratin 9.1 When a curt, either civil r criminal, makes a FBO, the subject must reprt within five days t the Plice Statin specified n The Order within times specified. If the persn has been sentenced t a perid f immediate imprisnment then he r she will be required t reprt t the Plice Statin specified within five days f cmpletin f the custdial sentence. 9.2 A list f Plice Statins in each area available fr this purpse can be btained frm the FBOA (See Appendix F ). 9.3 When an FBO is issued, intimatin will be sent t the DFO f the reginal area frm the Authrity. The DFO is respnsible fr initially registering the subject, r in their absence, plice bar staff. 9.4 The member f staff cmpleting the initial registratin will ensure that the subject prvides: the cpy f The Order as issued by the curt, tw passprt-style phtgraphs, prf f address (e.g. recent utility bill, bank statement), and identificatin (e.g. passprt r driving licence). On n accunt shuld identity dcuments be retained. 9.5 If the subject has nt brught tw passprt phtgraphs, then phtgraphs can be taken at the plice statin. If this facility is nt available, the individual must reprt back with suitable phtgraphs. Individual DFO s and Duty Officers can use their discretin if this means ging beynd the five days. (Publicatin Scheme) 13
9.6 The member f staff undertaking the initial registratin will cmplete bth registratin frms: FBO1 (Plice Sctland Frm 065-001 - Ftball Banning Order Recrd f Initial Reprting) and: FBO2 (Plice Sctland Frm 065-002 - Ftball Banning Order Recrd f Initial Reprting Subject Details); Ensuring that the subject reads, understands and signs Frm FBO1 which requires them t ntify the plice f any relevant changes f address. Plice Sctland have sufficient mechanisms in place t assist individuals wh are unable t understand the cntent f the frms e.g. individuals whse first language is nt English, visually impaired r individuals with learning disabilities. 9.7 The cmpleted FBO1 frm (with 1 phtgraph attached) and a phtcpy f FBO2 frm shuld be sent by mail t the FBOA fr central recrds t be updated. 9.8 Dcumentatin t be sent t: FBOA Sctland Plice Sctland Clyde Gateway 2 French Street Glasgw G40 4EH 9.9 The member f staff accepting the registratin will then attach the remaining phtgraph t Frm FBO2 which shuld be kept within the subject s file alng with the cpy f Frm FBO1. These shuld be filed within the FBO Flder at the reprting statin. 9.10 Once the subject has registered as required, then their nminal SID lg shuld be updated ensuring that all the subject s details alng with the cnditins f the FBO have been entered, their phtgraph has been attached and the FBO tag appended t the recrd. See Appendix G Initial Registratin Flwchart. (Publicatin Scheme) 14
10. Enfrcement 10.1 All FBO subjects and images are held n Minerva. 10.2 DFO s will liaise with Operatinal Planning Units t ensure FBO intelligence is included in briefings prir t all matches and the Match Cmmander is fully aware f the FBOs relevant t the match. This infrmatin shuld als be cascaded t all peratinal fficers. This will allw the fficers wh are carrying ut duties at ftball matches, r in htspt areas, t familiarise themselves and self-brief in relatin t knwn, r suspected, trublemakers. 10.3 An ffence is cmmitted if an individual fails t cmply with any requirement impsed by a FBO. 11. Freign Matches: Reprting and Other Requirements 11.1 In cnnectin with any regulated ftball match utside the UK, the FBOA may serve ntice and require a persn subject t a FBO t: reprt t a specified Plice Statin at a time, r between times, specified; and If the FBO requires an individual t surrender their passprt, they will be required t attend at a specified Plice Statin at a time, r between times specified, and if the persn has a passprt, t surrender it; r if the persn des nt have a passprt, t make a declaratin t that effect. 11.2 The subject will be required t surrender their passprt within the cntrl perid, which is five days prir t the match and ending when it is finished r cancelled. 11.3 It will be the respnsibility f the FBOA t send ut a ntice t all persns required t surrender their passprts as described abve. These ntices will be distributed by recrded delivery in advance f the set cntrl perids and in any case ne mnth prir t the date f requirement. 11.4 A reprting sheet detailing all subjects due t reprt will be sent t the lcal DFO wh will be respnsible fr ensuring this infrmatin is within the FBO flder at the relevant plice statins prir t the reprting perid. 11.5 Upn attendance at a designated reprting statin, a persn subject t this requirement will surrender their passprt. The Public Enquiry & Supprt Assistant taking receipt f the passprt will sign the subjects ntice and plice reprting sheet (subject shuld als sign the reprting sheet). The subject s passprt shuld be securely retained until the cnclusin f the cntrl perid and subsequent uplift. (Publicatin Scheme) 15
11.6 Where the subject is required t reprt t a designated reprting statin n a given match day, they will again bring with them their Ntice, which will be cmpleted accrdingly alng with the plice reprting sheet; If the cnditins stated are fr ne match nly then the passprt can be returned t the subject immediately when reprting n the match day. If the Ntice relates t a series f games then the passprt must be retained until the last match listed at which time it will be returned and their Ntice signed accrdingly as a receipt fr its return. 11.7 After the passprt surrender / match-day reprting perid ends a cpy f the cmpleted reprting sheet shuld be frwarded t the FBOA t allw fr central recrds t be updated. 11.8 All reprting returns shuld be sent t: Infrmatin has been remved due t its cntent being exempt in terms f the Freedm f Infrmatin (Sctland) Act 2002, Sectin 30 (c) Effective cnduct f public affairs. 11.9 Shuld the subject fail t reprt as required then the FBOA shuld be ntified immediately wh will crdinated steps t trace the subject and t ensure that apprpriate actin is taken. 11.10 This will result in a ntificatin t all Area Cmmands and Prts Units frm the FBOM t make them aware f the individual and highlighting any ptential breaches that may have ccurred. 11.11 At any time a subject can request that the designated Plice Statin t which they have t reprt be changed. This applicatin must be made using the fficial applicatin frm FBO4 Change f Reprting Statin (Plice Sctland Frm 065-004) and sent t the FBOA fr apprval. This can be n a temprary r permanent basis and will require evidence t supprt the applicatin, i.e. cnfirmatin f a change f address. If successful the FBOA will give written ntificatin t the subject and relevant DFO s. See Appendix H Freign Match Reprting Flwchart. 12. Appeals, Variatins, Terminatin and Exemptins 12.1 Any persn wh is subject f a FBO has the right f appeal against it. 12.2 During the perid fr which a FBO exists, it may be varied by the Curt which made the FBO n applicatin by the subject r the Chief Cnstable wh applied fr the FBO. 12.3 The Plice are empwered t apply fr variatin t the cnditins f an existing FBO in any additinal requirements impsed by the Curt within an FBO. Example, shuld a persn be prhibited frm attending matches and (Publicatin Scheme) 16
then regularly gets invlved in vilence in anther area then the FBO can be varied t cver that lcatin als. 12.4 An FBO can als be terminated upn applicatin by the subject t the apprpriate Curt after tw thirds f its specified perid. In these circumstances the Curt will take int cnsideratin the character and subsequent cnduct f the subject, the nature f the ffence and any ther relevant circumstances. 12.5 Any changes made t an FBO by any persn must be intimated t the FBOA as sn as is reasnably practical, wh will in turn ntify all relevant parties. 12.6 In exceptinal circumstances the subject may apply t have the requirement t surrender their passprt varied r mitted. This applicatin must be in writing t the FBOA. In urgent cases (nly within the five day cntrl perid) this may be by verbal request, t the senir fficer in charge f the specified plice statin. The senir fficer wuld refer t the FBOA prir t making this decisin, unless it is nt reasnably practical t d s. Hwever, this is nt t allw the persn t attend the match in questin but t allw the subject t carry ut anther activity which wuld nt therwise be pssible if they surrendered their passprt e.g. pre-arranged hliday. 13. Offences: Breach f FBO 13.1 Sectin 68 f The Act creates an ffence fr any persn t fail t cmply with any requirement impsed by an FBO. 13.2 A breach f an FBO includes the fllwing: If the persn enters any premises fr the purpse f attending any regulated ftball match in the UK; If the persn fails t reprt at the specified Plice Statin within the specified five day perid, beginning n the day The Order was made; If the persn fails t reprt t the specified Plice Statin as required n any match day; If the persn fails t surrender their passprt when s required; If the persn fails t adhere t the cnditins f any pre-determined exclusin zne; If the persn fails t ntify the enfrcing authrity f any relevant event within seven days beginning n the day n which the event ccurs. Fr the purpse f this sectin, the fllwing are relevant events: 1. A change f any f the names f the persn against whm the FBO is made; (Publicatin Scheme) 17
2. The first use by that persn, after the making f The Order, f a name fr himself r herself, which was nt disclsed by that persn at the time f the making f The Order; 3. A change f the persn s hme address; 4. The acquisitin by that persn f a temprary address; 5. A change f that persn s temprary address r that persn ceasing t have ne; 6. The lss f that persn s passprt, including theft r destructin; 7. Receipt by that persn f a new passprt and the details f that passprt; 8. An appeal made by that persn in relatin t The Order; 9. An applicatin made by that persn fr terminatin f The Order. 13.3 A plice fficer may arrest, withut warrant, any persn wh fails t cmply with any cnditin cntained within an FBO. 13.4 It is a defence fr a persn charged with an ffence t prve that they had a reasnable excuse fr failing t cmply with the requirement. 13.5 When submitting a case in relatin t the breach f an FBO, the FBOA shuld be cntacted and advised f submissin as sn as practicable s that central recrds can be updated. 13.6 Where there is a cntraventin f any f the requirements f the FBO itself, the designated ISCJIS cdes shuld be utilised fr reprting the matter t the Curt. 13.7 A cpy f the riginal FBO shuld be submitted as a case related dcument with any case t the PF fr cntravening the cnditins f a FBO. 14. Rles and Respnsibilities 14.1 FBOA 14.1.1 Statutry respnsibility fr the c-rdinatin, management and administratin f FBO s, at a Natinal level, lies with the Chief Cnstable. The FBOA based within FCUS, is the central c-rdinating pint and encmpasses implementatin, develpment and review f bth administratin and peratinal prcesses in rder t administer and c-rdinate FBOs in Sctland. 14.1.2 The FBOA, headed by the FBOM, versees the prcedures in Sctland, wrking in cnjunctin with DFO s thrughut the UK and Plice Cmmanders t ensure FBOs are apprpriately sught and rigrusly (Publicatin Scheme) 18
enfrced, prviding a pint f disseminatin n individuals subject t FBOs while ffering cntinual expertise and guidance. 14.1.3 The FBOA prvides a SPOC at a natinal level and invlves strategic liaisn with partner agencies including Plice Frces natinwide, the Scttish Gvernment, the Judiciary, Scttish Curts Service, COFPS, Hme Office, the UKFPU, ftball clubs and ftball authrities. 14.1.4 The FBOM is available t prvide guidance n all matters relating t FBOs and can be cntacted at: Infrmatin has been remved due t its cntent being exempt in terms f the Freedm f Infrmatin (Sctland) Act 2002, Sectin 30 (c) Effective cnduct f public affairs. 14.2 Rle f DFO 14.2.1 The primary respnsibility f the DFO is t direct, cllect, evaluate, analyse and disseminate intelligence in rder t cmbat ftball-assciated crime and disrder. These functins must be carried ut in accrdance with the NIM and in rder t be fully effective the DFO must be part f the wider frce intelligence cmmunity. Officers appinted as DFO must have knwledge f Management f Plice Infrmatin, Regulatin f Investigatry Pwers Act / Regulatin f Investigatry Pwers (Sctland) Act and the NIM. 14.2.2 DFO shuld prvide a fcal pint fr all infrmatin and intelligence relating t the club fr which they have respnsibility. The relatinship between the DFO and the Ftball Liaisn Officer is fundamental as the rles require clse cperatin. 14.2.3 DFO shuld be used slely in an intelligence-related rle n match day. This culd be as: sptter, fr expert advice n FBO cases, fr access t the Minerva database, within the ftball cntrl rm / intelligence cell, fr ther similar purpses; and nt fr rutine match deplyment. 14.2.4 As with any plice rle, DFO s undertaking ftball duties may becme aware f criminal activity nt related t their duties r be apprached by the public with reprts and in these circumstances, they will be required t deal apprpriately with such incidents. Hwever, plice cmmanders may wish t cnsider having the DFO released frm such incidents at the earliest pprtunity. (Publicatin Scheme) 19
14.2.5 DFO s shuld travel t away fixtures f their assciated club where intelligence suggests FBO subjects frm the team(s) fr which they are respnsible may attend r where an identified risk element exists. 14.3 Match reprts 14.3.1 Match Reprts and items fr inclusin in the disrder assessment must be submitted t the UKFPU within seven days f the event in questin. The use f Minerva underpins this prcess and it is essential that reprts are cmprehensive and submitted as sn as pssible after the relevant fixture s that the infrmatin can be used t infrm planning fr subsequent matches. 14.3.2 FCUS will mnitr cmpliance in this respect and any persistent failure t cmply with will result in the cmmunicatin f the missin t the relevant senir fficer with respnsibility fr peratinal issues in the respective area in questin. 14.3.3 The abve requirements are necessary in rder fr FCUS / UKFPU t accurately analyse the full extent f ftball related disrder in Sctland, and t be able t paint a lcal / reginal and / r natinal picture and / r the Scttish Gvernment. 14.3.4 Additinally each DFO is required t research all ftball related arrests and ascertain hw each matter was dispsed f by a curt r ther means. The cllatin f this infrmatin shuld relate nly t Arrests which result in reprts being submitted t the PF and nt Arrests Under Suspicin 14.3.5 A key functin f the DFO is t prmte crime reductin strategies invlving nn law enfrcement agencies i.e. specific partnership agreements between the plice and the ftball clubs and / r with recgnised supprter grups. 14.4 FBO Reprting 14.4.1 DFO s are respnsible fr the rutine administratin f FBO registratin and reprting at their respective statin / divisin. When an individual registers fllwing impsitin f an FBO, the DFO shuld undertake a hme visit t ensure the individual is fully aware f the requirements upn them. This als ffers an pprtunity fr the DFO t gather relevant intelligence and t familiarise themselves with the individual. Such visits wuld nrmally be cnducted alng with a member f FCUS representing the FBOA. 14.5 SA fr FBO 14.5.1 The DFO rle includes preparatin f packages fr the prgressin f a SA fr an FBO by the Chief Cnstable. This invlves practively identifying suitable subjects, researching the infrmatin and intelligence held abut such individuals and then preparing a package f sufficient cntent t justify cmmencement f a SA. (Publicatin Scheme) 20
14.6 FLP s 14.6.1 COPFS have appinted FLP s. 14.6.2 The FLPs in each area ensure that there is a cnsistent and rbust respnse t cases f ftball related vilence and disrder. The FLPs wrk clsely with the FBOA and share their expertise with plice, wrking with them t imprve the quality f plice reprt t ensure that a strng case t the curt t grant a FBO. 14.6.3 In all cases f ftball-related ffending reprting fficers shuld ntify the apprpriate FLP. 14.6.4 The FLP s in each area ensure that there is a cnsistent and rbust respnse t cases f ftball related vilence and disrder. The FLPs wrk clsely with the FBOA and share their expertise with plice, wrking with them t imprve the quality f plice reprt t ensure that a strng case t the curt t grant a FBO. They are lcated as fllws: Glasgw Nrth Strathclyde/Suth Strathclyde/Dumfries Lthian and Brders Tayside, Central and Fife Grampian, Highlands and Islands Natinal Initial Case Prcessing (NICP) Plicy Divisin (Publicatin Scheme) 21
Appendix A List f Assciated Legislatin Plice, Public Order and Criminal Justice (Sctland) Act 2006; Gender Recgnitin Act 2004. (Publicatin Scheme) 22
Appendix B List f Assciated Plice Sctland Frce Frms FBO1 Recrd f Initial Reprting (Plice Sctland Frm 065-001) FBO2 Recrd f Initial Reprting Subject Details (Plice Sctland Frm 065-002) FBO3 Passprt Reprting Lg (Plice Sctland Frm 065-003) FBO4 Change f Reprting Statin (Plice Sctland Frm 065-004) FBO5 Change f Address (Plice Sctland Frm 065-005) FBO6 Exemptin frm Reprting Requirements (Plice Sctland Frm 065-006) Match Reprt (Plice Sctland Frm 065-007) (Publicatin Scheme) 23
Appendix C Glssary f Terms COPFS EGT FBO FBOA FBOM DFO FLO FLP FCUS UKFPU ISCJIS PF PNC SID SPOC UK SA Crwn Office and Prcuratr Fiscal Service Evidence Gathering Teams Ftball Banning Order Ftball Banning Order Authrity Ftball Banning Order Manager Dedicated Ftball Officer Ftball Liaisn Officer Ftball Liaisn Prsecutrs Ftball C-rdinatin Unit fr Sctland United Kingdm Ftball Plicing Unit Integrated Scttish Criminal Justice Infrmatin System Prcuratr Fiscal Plice Natinal Cmputer Scttish Intelligence Database Single Pint f Cntact United Kingdm Summary Applicatin (Publicatin Scheme) 24
Guidance Package fr Summary Applicatins SA Appendix D Intrductin A FBO can be btained by civil prcedure whereby a SA is ldged at the apprpriate Sheriff Curt n behalf f the Chief Cnstable. This can be against any persn wh resides in Sctland; r wh the Chief Cnstable believes is in, r intends t enter Sctland. SA s require t cntain infrmatin / intelligence regarding a subject s past behaviur relating t vilence and disrder. This dcument aims t assist thse invlved in cllating and preparing packages fr referral t Legal Services fr cnsideratin f an Applicatin t the Curt t grant a FBO. The FBOA shuld be ntified prir t any applicatins being submitted. Purpse The legislatin allws fr the specific targeting f risk individuals wh engage in ftball related vilence and disrder but have nt been subject t criminal prceedings fr such antiscial behaviur. Legislatin The Act enables the Chief Cnstable f the Plice Sctland t apply fr a FBO against any persn. In terms f Sectin 52 (4) a Sheriff may make a FBO if satisfied that (a) (b) the persn against whm The Order is sught has at any time cntributed t any vilence r disrder in the UK r elsewhere; and there are reasnable grunds t believe that making The Order wuld help t prevent vilence r disrder at r in cnnectin with any ftball matches. The SA shuld utline the persn s invlvement in vilence r disrder in the past and shw that they still pse a risk. This can als include nn ftball-related incidents and can take int accunt previus cnvictins. It shuld als include intelligence. Greater weight will be affrded t mre recent cnduct. The Act states that the Sheriff can cnsider cnduct up t 10 years prir t the date f the applicatin hwever, in practice greater weight will be affrded t mre recent cnduct. Accrdingly, in circumstances where it is cnsidered apprpriate t make such an Applicatin it is imprtant t ensure that the package f infrmatin/intelligence is sent t Legal Services withut delay. (Publicatin Scheme) 25
Vilence and Disrder It is imprtant t nte that the Subject des nt require t have previus cnvictins fr a SA t be made. Any intelligence held in relatin t that individual can be included and will be taken int cnsideratin by the Sheriff. The Sheriff will lk at incidents f attempted r actual vilence and / r disrder, including threats and damage t prperty. The vilence r disrder des nt require t be ftball related, hwever, clearly it will add mre weight if there is a ftball aspect t the behaviur. The type f general infrmatin that is f assistance includes (but is nt limited t):- Previus cnvictins Arrests Charges brught / cautins Infrmatin cntained in intelligence lgs Infrmatin frm de-brief frms. The type f ftball specific infrmatin that will be f assistance includes (but is nt limited t):- A generic prfile f the risk supprter grup Assciatin with knwn risk supprters Examples f Subject present at incidents where disrder has taken place r was prevented Vide material CCTV ftage Material gathered at matches abrad Match Cmmanders impact statement Infrmatin relating t ejectins frm ftball grunds Club bans Applicatins fr FBO s are ne f the few curt prcedures where intelligence can be f crucial imprtance. Any intelligence relating t vilence and / r disrder shuld be included in the package. If the matter prceeds t a hearing it will be likely that the DFO will require t speak t that intelligence. (Publicatin Scheme) 26
Submissin f Package t the Legal Services Department The Legal Services Department require t cnsider all infrmatin / intelligence in relatin t a Subject. The cntent f each package will differ with each subject, hwever, there will be a number f cnsistencies. The fllwing list details the types f infrmatin required. Nt all types will be relevant fr every Subject but if we have the infrmatin then it shuld be included. DFO s: Backgrund f the fficer submitting the applicatin rle f the DFO. Subject: Persnal details name, alias, DOB, hme address. Narrative f all previus cnvictins in last 2 years and any ther cnvictins invlving vilence. Pending cases Details f vilence / disrder they have initiated / cntributed t. Assciatin with affiliated/nn-affiliated grups. Examples f incidents they have been invlved in. Plicing issues they have caused. Strategic verview f actually plicing them and the impact f an FBO. Prprtinality and justificatin f seeking an FBO against the subject. Specific infrmatin / intelligence held n subject (nt restricted t nly ftball related incidents): CHS / PNC prints previus cnvictins Crime reprts Strm reprts Plice detentin / custdy reprts CCTV ftage Standard Reprt Cases. Statements already in existence. Antecedent histry f behaviur. All relevant intelligence held n subject including grading f the intelligence / weighting f it. Linking all relevant intelligence n membership t affiliated grup. Details f all fficers wh can speak t infrmatin / intelligence (Publicatin Scheme) 27
Requirements: Prpsed plice statin that Subject is t reprt t; (i) initially and (ii) when the specified club are playing regulated ftball matches n and utside UK. NB This requires t be ne f the apprved FBO reprting statins. If an FBO is granted this will prhibit the subject frm attending regulated ftball matches in the UK. Additinal requirement can als be prpsed this culd prhibit the subject frm; (1) X kilmetre radius f any ftball grund X club are playing three hurs befre and after end f game. (2) Reprt at plice statin during first half f game. X club playing bth hme and away. (Publicatin Scheme) 28
FBO Structure Appendix E COURTS Civil Applicatins via Legal Services Club Bans / Subject checks / FBOs issued FOOTBALL BODIES/CLUBS New FBO s Match Reprts POLICE SERVICE OF SCOTLAND Mnitring Curt prceedings New FBOs Issued by Curts LIO / DFO New FBO s FBOA SCOTTISH GOVERNMENT Cmpleted Ntices/ Nn Cmpliance/ Intelligence Statistics Current FBO Lists / Incidents f nncmpliance General Enquiries Reprting Letters/ ntices Subject Checks/ Relevant Intel FIB / PORTS UNIT / UKFPU FBO SUBJECTS OUTSIDE AGENCIES e.g. Hme Office (Publicatin Scheme) 28
Appendix F FBO Reprting Statins Divisin A Aberdeen City Aberdeenshire and Mray N Highland & Islands D Tayside P Fife Reprting Statins Queen Street Elgin Peterhead Inverurie Fraserburgh Stnehaven Inverness Aviemre Frt William Kirkwall Lerwick Dundee Perth Dunfermline Kirkcaldy Cupar Divisin G Greater Glasgw K Renfrewshire & Inverclyde L Argyll & West Dunbartnshire Q Lanarkshire U Ayrshire Reprting Statins Stewart Street Helen Street Lndn Rad Paisley Greenck Clydebank Hamiltn Mtherwell Catbridge Lanark Kilmarnck Ayr E Edinburgh J Lthian & Scttish Brders Drylaw St Lenards Westerhailes Livingstn Dalkeith Hawick V Dumfries & Gallway C Frth Valley Dumfries Stranraer Falkirk Stirling (Publicatin Scheme) 29
Appendix G Initial Registratin Flw Chart (Publicatin Scheme) 30
Appendix H Freign Match Reprting Flw Chart (Publicatin Scheme) 31