Courts: Racism

Question

Asked by

Lord Ouseley
To ask Her Majesty's Government what advice they propose to give to the magistracy following the decisions of magistrates' courts in recent cases not to impose banning orders on persons found guilty of racial abuse at football matches. [HL123]

The Parliamentary Under-Secretary of State, Home Office (Lord West of Spithead)
The recent decision by a magistrates’ court not to impose a banning order against an individual who pleaded guilty to the offence of racist chanting during the match between Middlesbrough and Newcastle United on 29 November 2008 is both disappointing and surprising.

The local race harassment case group, which is chaired by the Crown Prosecution Service and includes police, BME and Safer Community representatives from the local authorities, the North East Refugee Service and others, will review this case and take further action if appropriate.

The Crown Prosecution Service and the Football Banning Orders Authority have advised that there is no national pattern of courts refusing to impose banning orders following conviction for racist chanting. Convictions for offences of racist (or indecent) chanting committed during the 2006-07 and 2007-08 football seasons resulted in the imposition of 14 banning orders.

The law is clear that a banning order should be imposed against a person convicted of a football-related offence in connection with a regulated football match, including racist chanting, if there are reasonable grounds to believe that making an order would help to prevent violence or disorder in connection with regulated matches.