Section 16 Effect of order.

England and Wales

F1(1)

Subject to subsection (3) and section 17 below, an international football banning order has effect in relation to a person convicted of a relevant offence for a period determined by the court making the order—

(a)

which begins with the date of the making of the order,

(b)

which is not longer than the maximum period, and

(c)

which is not shorter than the minimum period.

(1A)

The maximum period—

(a)

in a case where the person was sentenced in respect of that offence to a period of imprisonment taking immediate effect, is ten years, and

(b)

in any other case, is five years.

(1B)

The minimum period—

(a)

in a case where the person was sentenced in respect of that offence to a period of imprisonment taking immediate effect, is six years, and

(b)

in any other case, is three years.

(2)

The duty to report imposed by F2 an international football bannning order on the person subject to the order is a duty—

(a)

to report initially to the police station specified in the order within the period of five days beginning with the date of the making of the order, and

(b)

subject to any exemption, to report on the occasion of designated football matches when required to do so under section F319(3)(a) or (b) below to F4the police station in England and Wales specified in the notice by which the requirement is imposed at the time or between the times specified in the notice.

(3)

The duty to report shall, in the case of a person sentenced to or serving a term of imprisonment, be suspended until his discharge from prison and the order shall have effect, if he is discharged more than five days before the expiry of the period for which the order has effect and he was precluded by his being in prison from reporting initially, as if it required him to report initially to F5the police station specified in the orderwithin the period of five days beginning with the date of his discharge.

F6(3A)

The duty to comply with conditions imposed by an international football banning order is a duty, subject to any exemption, to comply with those conditions when required to do so under section 19(3)(a) or (b) below.

(4)

A person who, without reasonable excuse, fails to comply with the duty to report F7, or the duty to comply with conditions,imposed by an international football banning order commits an offence.

(5)

A person guilty of an offence under subsection (4) above shall be liable on summary conviction to imprisonment for a term not exceeding F8six months or to a fine not exceeding level 5 on the standard scale or to both.

Annotations

Textual amendments

F1: S. 16(1) substituted (27.9.1999) by 1999 c. 21, ss. 4(1), 12(2) (with s. 13(2))
F2: Words in s. 16(2)(4) substituted (27.9.1999) by 1999 c. 21, ss. 1(2)(b), 12(2) (with s. 12(3))
F3: Words in s. 16(2)(b) substituted (27.9.1999) by 1999 c. 21, ss. 3(2)(a), 12(2) (with s. 12(3))
F4: Words in s. 16(2)(b) substituted (27.9.1999) by 1999 c. 21, ss. 3(2)(b), 12(2) (with s. 12(3))
F5: Words in s. 16(3) substituted (27.9.1999) by 1999 c. 21, ss. 3(3), 12(2) (with s. 13(2))
F6: S. 16(3A) inserted (27.9.1999) by 1999 c. 21, ss. 3(4), 12(2) (with s. 13(2))
F7: Words in s. 16(4) inserted (27.9.1999) by 1999 c. 21, ss. 3(5), 12(2) (with s. 13(2))
F8: Words in s. 16(5) substituted (7.8.1998) by 1998 c. 37, s. 84(1) (with s. 120(1), Sch. 9 para. 9); S.I. 1998/1883, art. 3

Notes on Part II

Textual amendments

F1: Pt. II heading, cross-headings and ss. 14-14J substituted for cross-headings and ss. 14-17 (28.8.2000) by 2000 c. 25, s. 1(1), Sch. 1 para. 2; S.I. 2000/2125, art. 2