Brown v Inner London Crown Court

Under section 14A of the Football Spectators Act 1989, a banning order following conviction for a relevant offence does not require proof that the offender personally caused or contributed to violence or disorder. The separate condition in section 14B(2), applicable to civil applications, cannot be imported into section 14A. Once the court has reasonable grounds for believing that a banning order would help prevent violence or disorder at or in connection with regulated football matches, the order is mandatory. An unauthorised ticket sale may satisfy that threshold because ticket touting can undermine crowd control and increase the risk of violence. The assessment remains fact-sensitive; an isolated sale in a domestic, family or friendly context might not suffice.

The claimant pleaded guilty before magistrates to offering for sale a ticket for a designated football match, contrary to section 166 of the Criminal Justice and Public Order Act 1994. The magistrates imposed a three-year football banning order under section 14A of the Football Spectators Act 1989. The Crown Court dismissed his appeal, and refused to state a case.

The claimant sought judicial review, arguing that section 14B(2) should be read into section 14A, so that a banning order required proof that he had caused or contributed to violence or disorder. He also argued that the order was unreasonable and disproportionate in relation to the sale of one ticket.

1. Application dismissed. The claimant’s conviction for unauthorised sale of a football ticket was for a relevant offence listed in Schedule 1 to the Football Spectators Act 1989.
2. Sections 14A and 14B establish different regimes. Section 14A concerns banning orders made on conviction and does not require proof that the offender caused or contributed to violence or disorder. Section 14B concerns civil proceedings where that condition is expressly required. The civil procedure and reasoning discussed in Gough v Chief Constable of the Derbyshire Constabulary [2002] QB 1213 did not govern the construction of section 14A.
3. Under section 14A(2), the court must make a banning order once it is satisfied that there are reasonable grounds for believing that the order would help prevent violence or disorder at or in connection with regulated football matches. The statutory obligation is mandatory, but the threshold is fact-sensitive.
4. The offence of unauthorised ticket selling is included in Schedule 1 because it is inimical to crowd control and may increase the risk of subsequent violence, rather than because the offence itself necessarily involves violence. The evidence justified the conclusion that the claimant was engaged in more than an isolated transaction and had access to a source of tickets. The cash in his possession reasonably supported an inference of earlier similar activity.
5. The three-year order was the statutory minimum in the circumstances. It was not disproportionate, and the claim was dismissed.

• Inner London Crown Court: dismissed the claimant’s appeal against the magistrates’ banning order and refused to state a case.
• High Court (Administrative Court): dismissed the judicial review application.