BHAFC Fans given banning order....................

[studio150]

So not found guilty of an offence in France, but convicted here for an offence that did not happen in this country. Seems questionable.

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No it doesn't have a read of the Football Spectators Act 1989 in particular Section 14B which applies to complaints within the UK or elsewhere.

 

[studio150]

"fing is guv, my missus was over the other side of the square right, and all the Russians had taken her seat right, and she is well PREGGERS at the moment right, so I woz like 'she needs a seat mate' so GAZ and DAZ were all like 'we will chuck her a chair mate' so yeah, that's all it was. I didn't do nuffin".

SO I put it to you, that in your words if you 'didn't do nuffin' that you must have done something. So what did you do?

 

[NooBHA]

There is a potential solution to all of this.

I am very willing to accept that the guys could have been caught up in something outwith their control.

I am also willing to accept that they may have pleaded guilty to avoid financial costs that they couldn't afford, although they could have represented themselves in court. It costs nothing to do that in a magistrates court. I presume they got some sort of advice which made them plead guilty otherwise I for one would never plead guilty if I was innocent.

BUT HERE IS THE SOLUTION

It seems that the ban from the Amex means a lot to these lads.

Why don't they write individually to the club appealing their bans. Request a meeting with the ''Head of Security at the Amex'' I have met him. He is a really nice bloke. Also with someone in authority at the club who may have imposed the ban.

It would cost nothing to do this and if the club are willing to listen to them and they can convince them that they were unwittingly caught up in something outwith their control then I am sure the club would rescind the ban's if they could prove their case sufficiently.

There would be no financial cost to that and they are more likely to get a sympathetic ear if they have been ''model fans'' at the Amex for many years.

 

[Wondergull]

I was in the square that afternoon in Marseille and can confirm that group were involved in an altercation with some Russians an hour or so before the main trouble started in the square. I recognised them and called it out to the group of lads I was with. I'm not sure to what extent they were involved when the ambush happened as it was every man for himself at that point.

 

[studio150]

Ok...

If you are summoned to court on a civil complaint like these lads, you are not entitled to any legal aid. You are also presented before 3 busy wankers (sometimes known as a magistrate) who have made their decisions before anyone has even set foot in court. The tiniest shred of evidence against you basically garuntees an FBO. If you contest it and lose, you get the ban and have to foot the bill, which runs well into the thousands of pounds. In this instance the lads defended themselves against the Russians (who lets not forget inflicted some pretty major damage that day). They are good blokes who have followed BHA home and away for a long long time. However knowing the implications of fighting the ban in court and losing they had no choice but to accept it - as many have before them. This is not a criminal court where you can defend yourself properly, it is very different. In my personal opinion it is an absolute joke that the police and the courts can even hand out FBO's in these circumstances. Naturally the Arsegus will use the usual buzz words in their article to instigate the obligatory reaction from those out there not aware of how the civil football banning order works.

As I say, people not aware of the facts shouldn't be so quick to judge.

Where in the relevant legislation does it state that defending yourself is a defence.

The court must make an order if satisfied that the respondent has at any time caused or contributed to any violence or disorder

While you may not like the banning order, it looks pretty straight forward from the reports that they had contributed to disorder and therefore the banning order is the correct outcome

 

[Surrey_Albion]

I wonder how many Russians face banning consequences. .....or will they all get away with it? Is it just the English fans being punished? (Genuine questions)

 

[studio150]

Spot on , this is a board that was prepared to believe people were on ''computer courses'' in Afghanistan yet is cock a hoop at people being given banning orders on the say so of Policemen despite not being convicted of any offence.

The legislation only requires a complaint in this instance so not being convicted of an offence is irrelevant

 

[bhanutz]

I wonder how many Russians face banning consequences. .....or will they all get away with it? Is it just the English fans being punished? (Genuine questions)

I think you know the answer to that...FBO's really need to be looked at..They are seldom fair..I know someone who got a ban for entering a sporting arena whilst drunk....I mean who hasn't done that..and before you ask he had absolutely no previous.

It really needs addressing!

 

[HHGull]

There is a potential solution to all of this.

I am very willing to accept that the guys could have been caught up in something outwith their control.

I am also willing to accept that they may have pleaded guilty to avoid financial costs that they couldn't afford, although they could have represented themselves in court. It costs nothing to do that in a magistrates court. I presume they got some sort of advice which made them plead guilty otherwise I for one would never plead guilty if I was innocent.

BUT HERE IS THE SOLUTION

It seems that the ban from the Amex means a lot to these lads.

Why don't they write individually to the club appealing their bans. Request a meeting with the ''Head of Security at the Amex'' I have met him. He is a really nice bloke. Also with someone in authority at the club who may have imposed the ban.

It would cost nothing to do this and if the club are willing to listen to them and they can convince them that they were unwittingly caught up in something outwith their control then I am sure the club would rescind the ban's if they could prove their case sufficiently.

There would be no financial cost to that and they are more likely to get a sympathetic ear if they have been ''model fans'' at the Amex for many years.

All very well, except the club don't have the power to overturn a FBO and so they would still be commiting an offence if they went to a game.

 

[el punal]

Goes without saying.

You can spot the average NSC poster from a mile away at the Amex.

The thing is no-one on NSC is average. Deluded, demented, drunk, opinionated, outspoken but never, ever, average. God forbid!

 

[alfredmizen]

Where in the relevant legislation does it state that defending yourself is a defence.

The court must make an order if satisfied that the respondent has at any time caused or contributed to any violence or disorder

While you may not like the banning order, it looks pretty straight forward from the reports that they had contributed to disorder and therefore the banning order is the correct outcome

 

[sjamesb3466]

I think you know the answer to that...FBO's really need to be looked at..They are seldom fair..I know someone who got a ban for entering a sporting arena whilst drunk....I mean who hasn't done that..and before you ask he had absolutely no previous.

It really needs addressing!

So just because the Russian authorities act disgracefully by not punishing and even glorifying their thugs it means we shouldn't act either, just to make it fair?

 

[LA1972]

If these lads were banned relating to an incident the night before, when we saw England fans misbehaving, then I might understand the FBO. But they were banned resulting from the mass assault by 200 para-military types, we've all seen the footage. Makes me wonder if Balkham is desperate to justify his piss easy job

 

[bhanutz]

So just because the Russian authorities act disgracefully by not punishing and even glorifying their thugs it means we shouldn't act either, just to make it fair?

When did I say that?

 

[sjamesb3466]

Good, well reasoned argument.

 

[sjamesb3466]

When did I say that?

You responded to 'how many Russians have been banned' with 'you know the answer to that'. If I have misinterpreted your remark apologies but it appeared that you were saying it wasn't fair that their lads had not been banned but ours had. Apologies if this was an incorrect interpretation

 

[bhanutz]

You responded to 'how many Russians have been banned' with 'you know the answer to that'. If I have misinterpreted your remark apologies but it appeared that you were saying it wasn't fair that their lads had not been banned but ours had. Apologies if this was an incorrect interpretation

I was saying I think everyone knows that they wouldn't have been punished...My remarks about the fairness of FBO's was separate to that...

 

[sjamesb3466]

I was saying I think everyone knows that they wouldn't have been punished...My remarks about the fairness of FBO's was separate to that...

Ah ok, well apologies again.

 

[studio150]

Well done the articulated response that everyone has come to expect from you.

 

[NooBHA]

All very well, except the club don't have the power to overturn a FBO and so they would still be commiting an offence if they went to a game.

If they prove their case to the club, then the club could request the video footage and if they thought they were innocent then the club could appeal bans on their behalf. They can't just say '' I'm innocent - I'm a victim '' They now find themselves in a position where they need to prove it. If they really are innocent then this is their only option now. They chose not to defend themselves in a court of law - If they choose not to now try and defend themselves to the club then I for one would be thinking they can't defend themselves.

If they do choose to defend themselves to the club then I would be thinking ''perhaps they were innocent bystanders'' - The choice is theirs. I am not Judge and Jury. I wasn't there. The ball is in their court now to take the next step but if I was innocent I would be exhausting all avenues to prove it.