Football Banning Orders: consultation

Summary

In Scotland, football has the highest match attendance per capita in Europe. Fans are passionate about the sport, and supporting a local football team, and the national team, can provide a sense of belonging and togetherness, which can be seen in communities across Scotland. Football fans know that the vast majority of football supporters are well behaved and attend matches to encourage their team, but they, and sometimes their team, are also affected by a minority that cause issues.

A Football Banning Order (FBO) is a court order that restricts a person’s ability to attend football matches. FBOs are aimed at keeping football games safe for everyone. FBOs were introduced in Scotland as part of the Police, Public Order and Criminal Justice (Scotland) Act 2006. This legislation has remained largely unchanged since then, and FBO legislation was last reviewed in 2011.

The Scottish Government is seeking views and evidence on the current legislation and if it needs to be improved and updated to meet current needs.

With the rise in social media over the last 20 years football supporter behaviour and the way in which fans show support for their team has changed. Communication, engagement and interaction between fans, players and clubs through social media can be positive or negative. Behaviours and displays of support by fans for their club have also developed in ways which were not considered when the current FBO legislation was implemented and last reviewed. For example, we continue to see the growing misuse of pyrotechnics at football matches. Such behaviour had rarely been seen in Scotland when the 2006 Act was introduced.

A court can impose an FBO on a person over 16 years of age if they are convicted of an offence which involved the person engaging in violence or disorder related to a football match. An FBO would place restrictions on that individual. This would include prohibiting them from attending football matches and could also restrict their ability to travel abroad when certain football matches are being played, or to enter specific venues (such as a pub where disorder took place). A person who is the subject of an FBO would be committing a criminal offence if they did not adhere to the restrictions placed on them.

A chief constable can, by summary application to the court, impose an FBO on any person, however this route is rarely used. For an FBO to be imposed in this way, the sheriff must be satisfied the person against whom the order is sought has at any time contributed to any violence or disorder in the UK or elsewhere, and that there are reasonable grounds to believe that making the order would help prevent violence or disorder at, or in connection with, any football match. The same standard of "violence and disorder" applies for a summary application FBO as when an FBO is considered as part of sentencing on conviction.

Consultation

It is important that the Scottish Government periodically reviews the legislation to ensure it remains fit for purpose and responds to changes in fan behaviour and the sport’s evolution and supports keeping fans at matches and communities safe. Since the introduction of the 2006 Act, the Scottish football league structure has changed. A pyramid structure has been established which includes Highland and Lowland league clubs. In addition, women’s football has grown significantly in popularity over the past 20 years.

Alongside changes to the football structure in Scotland there have also been changes in society, as noted above. The Scottish Government committed to a public consultation on FBOs in the Programme for Government 2025 to 2026 - gov.scot. Through this consultation it wishes to understand if the current legislation should be revised or changed to make it more effective.

Siobhian Brown MSP

Minister for Victims and Community Safety