Football Disorder Bill -
Amendments to be debated in the House of Lords
- continued
House of Lords

back to previous amendments
 
  
Schedule 1
 
  
BY THE LORD McNALLY
THE LORD GOODHART
 
15     Page 4, line 15, at end insert ("and is a prescribed tournament") 
16     Page 4, line 30, leave out ("described in an order made by the Secretary of State") 
17     Page 4, line 35, after ("last") insert ("regulated") 
  
BY THE LORD LUCAS
 
18     Page 5, line 3, after ("satisfied") insert ("on the balance of probabilities") 
19     Page 5, line 7, leave out ("must") and insert ("may") 
  
BY THE LORD McNALLY
THE LORD GOODHART
 
20     Page 5, line 9, leave out ("not") 
21     Page 5, line 14, leave out ("absolutely or") 
  
BY THE EARL RUSSELL
THE LORD PHILLIPS OF SUDBURY
 
22*     Page 5, leave out lines 27 to 44 
  
BY THE LORD BASSAM OF BRIGHTON
 
23*     Page 5, leave out line 32 
  
BY THE LORD McNALLY
THE LORD GOODHART
 
24     Page 5, line 33, leave out ("caused or contributed to any violence or disorder") and insert ("been convicted of an offence involving violence or any other relevant offence") 
  
BY THE LORD LUCAS
 
25     Page 5, line 33, leave out ("caused or contributed to") and insert ("been convicted of an offence involving") 
  
BY THE EARL RUSSELL
 
26*     Page 5, line 33, leave out ("or contributed to") 
  
BY THE LORD LUCAS
 
27     Page 5, line 33, after first ("or") insert ("significantly") 
28     Page 5, line 33, after ("contributed") insert ("with intent") 
29     Page 5, line 33, after ("any") insert ("serious") 
  
BY THE LORD CAMPBELL OF ALLOWAY
 
30     Page 5, line 36, at end insert--
 
    ("(  )  The application shall state the date, place and substance of any conviction or order to be relied upon in support of the application.
 
    (  )  A copy of the application shall be served on the respondent at least 14 days before the hearing of the application, subject to an order for substitute service.")
 
31     Page 5, line 38, after ("application") insert ("by the applicant") 
  
BY THE LORD LUCAS
 
32     Page 5, line 39, after ("met,") insert--
    ("(  )  the respondent cannot demonstrate that those of his actions that are at issue in respect of subsection (2) above were reasonable in all the circumstances,")
 
  
BY THE LORD McNALLY
THE LORD GOODHART
 
33     Page 5, line 40, leave out ("that there are reasonable grounds to believe") 
  
BY THE LORD LUCAS
 
34     Page 5, line 40, leave out ("there are reasonable grounds to believe") and insert ("it is substantially more likely than not") 
35     Page 5, line 44, leave out ("must") and insert ("may") 
  
BY THE LORD CAMPBELL OF ALLOWAY
 
36     Page 5, line 44, at end insert--
 
    ("(  )  When granting or refusing the application the court shall deliver a reasoned judgment in open court.")
 
  
BY THE LORD McNALLY
THE LORD PHILLIPS OF SUDBURY
 
37*     Page 5, line 44, at end insert--
 
    ("(  )  It is a defence to an application under this section for the respondent to prove--
    (a)  that he had no reason to believe that there was any person within hearing or sight who was likely to be caused hurt, offence, alarm or distress by any such violence or disorder; or
    (b)  that his conduct was reasonable.
    (  )  A person shall only have an order made against him under this section if he intends his behaviour to cause hurt, offence, alarm or distress, or is aware that it may have that effect.")
 
  
BY THE LORD LUCAS
 
38     Page 5, line 44, at end insert--
("Application to chief officer of police. 14BA.--(1)  Any person may make an application to the chief officer of police for the area in which that person resides for a declaration that there are no grounds in his case for seeking a banning order.

    (2)  On receipt of such an application a chief officer of police shall, within seven days, either--

    (a)  provide such a declaration in writing; or
    (b)  make an application under section 14B(1).")
 
39     Page 6, line 1, after ("using") insert ("seriously") 
40     Page 6, line 3, at end insert ("seriously") 
41     Page 6, line 6, at end insert--
 
    ("(  )  In this Part "causing or significantly contributing with intent to any serious violence or disorder" includes conduct likely to encourage others to cause or significantly contribute with intent to any serious violence or disorder.")
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
42     Page 6, line 11, after ("tribunal") insert ("inside or") 
  
BY THE LORD BASSAM OF BRIGHTON
 
43*     Page 6, leave out lines 13 and 14 
  
BY THE LORD McNALLY
THE LORD GOODHART
 
44     Page 6, leave out lines 15 to 19 
  
BY THE LORD LUCAS
 
45     Page 6, line 20, at end insert--
 
("but evidence of a matter under paragraph (b) or (c) above shall not, of itself, be sufficient grounds for making an order under section 14B above")
 
  
BY THE LORD BASSAM OF BRIGHTON
 
46*     Page 6, line 21, leave out ("But") and insert--
 
    ("In determining whether to make such an order--
    (a)  the magistrates' court may not take into account anything done by the respondent before the beginning of the period of ten years ending with the application under section 14B(1) above, except circumstances ancillary to a conviction,
    (b)")  
 
  
BY THE LORD McNALLY
THE LORD GOODHART
 
47     Page 6, line 23, leave out ("or section 15(2A) below") 
  
BY THE LORD BASSAM OF BRIGHTON
 
48*     Page 6, line 25, at end insert-- 
 ("and in this subsection "circumstances ancillary to a conviction" has the same meaning as it has for the purposes of section 4 of the Rehabilitation of Offenders Act 1974 (effect of rehabilitation).1974 c. 53.
     (6)  Subsection (5) does not prejudice anything in the Rehabilitation of Offenders Act 1974.")1974 c. 53.
  
BY THE LORD McNALLY
THE LORD GOODHART
 
49*     Page 6, leave out lines 45 to 51 
50     Page 6, leave out lines 50 and 51 and insert--
 
    ("(4)  If a court allows a person subject to a banning order to retain or obtain the release of a passport, it shall state its reasons for doing so in open court.")
 
  
BY THE LORD LUCAS
THE LORD McNALLY
THE LORD GOODHART
 
51     Page 7, leave out lines 29 to 42 
  
BY THE LORD LUCAS
 
52     Page 7, line 30, after ("requirements") insert ("or relax existing restrictions") 
  
BY THE LORD McNALLY
THE LORD GOODHART
 
53*     Page 8, line 16, leave out ("(or (2C)") 
  
BY THE LORD BASSAM OF BRIGHTON
 
54*     Page 8, line 50, leave out from ("section") to end of line 2 on page 9 and insert--
    ("(a)  may not require the person subject to the order to report except in the control period in relation to a regulated football match outside England and Wales or an external tournament,
    (b)  may not require him to surrender his passport except in the control period in relation to a regulated football match outside the United Kingdom or an external tournament which includes such matches.")
 
  
BY THE LORD McNALLY
THE LORD GOODHART
 
55*     Page 9, line 5, at end insert--
 
    ("(2G)  A person who is required to take any action by a notice given under subsection (2B) above may apply to a magistrates' court to discharge or modify the notice.
 
    (2H)  On an application under subsection (2G) above the court shall discharge or modify the notice if it is satisfied that--
    (a)  the applicant will not, if the notice is discharged or modified, attend the regulated football match in connection with which this notice was given or take part in any violence or disorder in connection with that match; and
    (b)  the requirements of the notice will, or will unless modified, cause hardship to the applicant.")
 
56     Page 9, line 6, leave out paragraph 4 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
57     Page 9, line 11, leave out ("for suspecting") and insert ("to believe") 
58     Page 9, line 18, after ("constable") insert ("if authorised to do so by an officer of at least the rank of inspector") 
59     Page 9, line 19, leave out ("until he has decided") and insert ("for such time as is reasonably necessary for him to decide") 
  
BY THE LORD ACKNER
 
60     Page 9, line 20, leave out ("his reasons for detaining him in writing") and insert ("full particulars of the facts and matters relied upon in support of his suspicion and of his belief") 
  
BY THE LORD BASSAM OF BRIGHTON
 
61*     Page 9, line 26, at end insert--
 
    ("(4)  A person who has been detained under subsection (2) above may only be further detained under that subsection in the same control period in reliance on information which was not available to the constable who previously detained him; and a person on whom a notice has been served under section 21B(2) below may not be detained under subsection (2) above in the same control period.")
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
62     Page 9, line 26, at end insert--
 
    ("(  )  No person shall be detained in the same place under subsection (2) above more than once in any period of 24 hours.")
 
  
BY THE LORD LUCAS
 
63     Page 9, line 26, at end insert--
 
    ("(  )  The constable may not detain any person who is in possession of a declaration under Section 14BA made in the previous six months.")
 
64     Page 9, line 29, leave out ("inspector") and insert ("chief officer of police") 
65     Page 9, line 29, at end insert (", and if he has reasonable grounds for believing that a person resides, or appears to reside, in England or Wales") 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
66     Page 9, line 30, after ("may") insert ("if the conditions in section 21A(1)(a) and (b) are met") 
  
BY THE LORD ACKNER
 
67     Page 9, line 30, after ("may") insert ("on grounds set out in section 21A") 
  
BY THE LORD BASSAM OF BRIGHTON
 
68*     Page 9, line 38, after ("tournament") insert ("which includes such matches") 
  
BY THE LORD ACKNER
 
69     Page 9, line 39, leave out ("the grounds referred to in section 21A(1) above") and insert ("full particulars of the facts and matters relied upon in support of his suspicion and of his belief") 
  
BY THE LORD CAMPBELL OF ALLOWAY
 
70     Page 9, line 39, at end insert--
 
    ("(  )  The court must afford to the respondent a reasonable opportunity to rebut the rectitude of the record of any conviction or order relied upon in the notice.")
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
71     Page 10, line 3, at end insert--
 
    ("(  )  The Lord Chancellor shall ensure that during any control period a magistrates' court is convened for the purpose of hearings under this section at such ports and airports as he considers appropriate.")
 
  
BY THE LORD LUCAS
 
72     Page 10, line 15, at end insert--
 
    ("(  )  The court must offer bail to any person remanded by virtue of subsection (3).")
 
  
BY THE LORD BASSAM OF BRIGHTON
 
73*     Page 10, line 23, after ("tournament") insert ("which includes such matches") 
74*     Page 10, line 24, at end insert--
("Summary measures: compensation.

21D.--(1)  Where a person to whom a notice has been given under section 21B above appears before a magistrates' court and the court refuses the application for a banning order in respect of him, it may order compensation to be paid to him out of central funds if it is satisfied--

 
 
      (a)  that the notice should not have been given,
      (b)  that he has suffered loss as a result of the giving of the notice, and
      (c)  that, having regard to all the circumstances, it is appropriate to order the payment of compensation in respect of that loss.
        (2)  An appeal lies to the Crown Court against any refusal by a magistrates' court to order the payment of compensation under subsection (1) above.
        (3)  The compensation to be paid by order of the magistrates' court under subsection (1) above or by order of the Crown Court on an appeal under subsection (2) above shall not exceed £5,000 (but no appeal may be made under subsection (2) in respect of the amount of compensation awarded).
        (4)  If it appears to the Secretary of State that there has been a change in the value of money since the coming into force of this section or, as the case may be, the last occasion when the power conferred by this subsection was exercised, he may by order substitute for the amount specified in subsection (3) above such other amount as appears to him to be justified by the change.
        (5)  In this section, "central funds" has the same meaning as in enactments providing for the payment of costs.")
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
75     Page 10, line 24, at end insert--
("Summary measures: compensation.

21D--Where a person, having been detained under section 21A(2) or having been issued with a notice under section 21B(2), appears before a magistrates' court as respondent to a complaint for the making of a banning order, and the complaint is dismissed, the court may on the application of the respondent order that the appropriate chief officer of police shall pay to the respondent such sum as, in the opinion of the court, is justified to compensate the respondent for any costs incurred as a result of any delay in, or cancellation of, a journey being undertaken by the respondent when he was detained under section 21A(2) or issued with a notice under section 21B(2), as the case may be.")

 
 
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Prepared 24 July 2000