Director of Public Prosecutions v Beaumont & Anor [2008] EWHC 523 (Admin) (04 March 2008)

Director of Public Prosecutions v Beaumont & Anor [2008] EWHC 523 (Admin) (04 March 2008)

The expression 'related to football matches' in paragraph 1(k) of Schedule 1 to the Football Spectators Act 1999 is not limited by the time periods in Section 1(8) of the Act and should be given its ordinary meaning. The Crown Court erred in holding otherwise. The absence of an express declaration of relevance by the Magistrates' Court does not invalidate the banning order if the issue was considered and determined.

Citation
[2008] EWHC 523 (Admin)
Parties
Claimant: Director of Public Prosecutions; First Defendant: Beaumont; Second Defendant: Dowling
Jurisdiction
England and Wales
Judgment Date
04 March 2008
Procedural Posture
Appeal by Way of Case Stated / High Court (divisional Court) Judgment on Appeal From Crown Court
Outcome
Appeal allowed; Crown Court's order quashed; Magistrates' Court banning order revived.
Legal Topics
Football Banning Orders, Interpretation of 'related to Football Matches', Section 5 Public Order Act 1986, Football Spectators Act 1999
Criminal Law Public Order Sports Law Football Banning Orders Interpretation of 'related to Football Matches' Section 5 Public Order Act 1986 Football Spectators Act 1999

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Parties

Director of Public Prosecutions

Claimant

Beaumont

First Defendant

Dowling

Second Defendant

Procedural Posture

Appeal by Way of Case Stated / High Court (divisional Court) Judgment on Appeal From Crown Court

Legal Issues

  1. 1 Whether 'related to football matches' in paragraph 1(k) of Schedule 1 to the Football Spectators Act 1999 imports the time limitation in Section 1(8) of the Act
  2. 2 Whether a declaration of relevance was required and made by the Magistrates' Court

Ratio Decidendi

The expression 'related to football matches' in paragraph 1(k) of Schedule 1 to the Football Spectators Act 1999 is not limited by the time periods in Section 1(8) of the Act and should be given its ordinary meaning. The Crown Court erred in holding otherwise. The absence of an express declaration of relevance by the Magistrates' Court does not invalidate the banning order if the issue was considered and determined.

Court Disposition

Appeal allowed; Crown Court's order quashed; Magistrates' Court banning order revived.

Orders

  • Quash the Crown Court's order allowing the appeal and quashing the banning order.
  • Declare that the Magistrates' Court banning order stands and is revived.