MacDonald v Procurator Fiscal, Glasgow [2012] ScotHC HCJAC_133 (26 October 2012)

MacDonald v Procurator Fiscal, Glasgow [2012] ScotHC HCJAC_133 (26 October 2012)

The appellant's offence was not related to a football match played or intended to be played as required by statute; therefore, the imposition of a football banning order was incompetent.

Source-derived case information.

Citation
[2012] ScotHC HCJAC_133
Parties
Appellant: Ryan MacDonald; Respondent: Procurator Fiscal, Glasgow
Jurisdiction
Scotland
Judgment Date
26 October 2012
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Breach of the Peace, Football Banning Orders, Statutory Interpretation, Social Media Offences
Criminal Law Sports Law Breach of the Peace Football Banning Orders Statutory Interpretation Social Media Offences

Source-derived case record

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Parties

Ryan MacDonald

Appellant

Procurator Fiscal, Glasgow

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the football banning order was competent under the Police, Public Order and Criminal Justice (Scotland) Act 2006 given the facts of the offence
  2. 2 Whether the offence was related to a football match as required by statute
  3. 3 Whether there were reasonable grounds to believe the order would prevent violence or disorder at football matches

Ratio Decidendi

The appellant's offence was not related to a football match played or intended to be played as required by statute; therefore, the imposition of a football banning order was incompetent.

Court Disposition

appeal allowed

Orders

  • football banning order quashed