Crown Office and Procurator Fiscal Service

FOOTBALL AND THE LAW

There has been extensive media coverage and comment in relation to an incident involving the Glasgow Celtic goalkeeper, Artur Boruc, and in particular the claim that he has been prosecuted or cautioned and has acquired a criminal record for blessing himself before the second half of an "Old Firm" game in February 2006.

We wish to clarify the position of the prosecution service in Scotland - the Crown Office and Procurator Fiscal Service - in relation to incidents involving participants in sporting events and in particular the incident involving Boruc. In doing so we would emphasise that we would not normally publish the reasons for a decision in a case considered by the public prosecutor which has not led to a prosecution. In this case, however, we feel that it is vital to set the record straight in light of the wholly unfounded claims which are being made about the action taken.

We have a well established policy of looking carefully and sensitively at incidents involving participants at sporting events. Our policy in relation to sporting events is spelled out in the
Lord Advocate's Guidelines to Chief Constables on Incidents during Sporting Events, which is available on our website. As these guidelines, which are, of course, available to clubs, make clear, the Lord Advocate, who is Head of the Prosecution System in Scotland, is firmly of the view that all those involved in the administration, refereeing and playing of sports have the initial and the major responsibilities to avoid and in any event to deal with excessive violence or serious disorderly conduct on the part of players, coaches and managers. The public prosecutor - the Procurator Fiscal - will only take action where that is necessary and in the public interest. Minor incidents may be dealt with informally by the police.

On 12 February 2006, just prior to the start of the second half of a Celtic v Rangers football game, Artur Boruc, the Celtic goalkeeper, was seen by members of the public and Police Officers to bless himself. Witnesses describe him smiling or laughing at a Rangers section of the crowd and making "come on" gestures. This action appeared to incense a section of the crowd to react in such a way that Police officers and security personnel had to become involved to calm the situation. The Police have reported that it took 10 minutes to restore normality in the crowd.

Following the incident, statements were taken from a number of witnesses, including Police Officers, about the actings of Boruc.

Both teams had the
Lord Advocate's Guidelines on Sporting Events read out to them before the match started and were aware of the need for responsible behaviour from players taking part in such fixtures and the responsibilities of the Police to ensure public order and public safety.

A full report was subsequently submitted to the Procurator Fiscal at Glasgow for consideration. The Divisional Procurator Fiscal considered all the available evidence, including video recording of the reaction of the crowd (the incident itself was not caught on camera) and concluded that Boruc's behaviour, as described, would constitute the offence of breach of the peace, because of its impact on the crowd. After careful consideration of all the facts and circumstances, the Divisional Fiscal concluded that the behaviour was such as to require formal action which would underline to the player that such conduct amounted to an offence and should not be repeated.

The Procurator Fiscal took the view that in the circumstances criminal proceedings were not necessary on this occasion, which is why it was dealt with by way of an alternative to prosecution. In using that alternative she made it clear in writing to Boruc that it was his alleged gesticulating to Rangers supporters in a provocative manner which was of concern. She did not in any way refer to the act of blessing himself.

The prosecution service does not publicise the use of alternatives to prosecution and these do not constitute prosecution, conviction or a criminal record. The prosecution service did not publicise the action taken in this case, but has, in accordance with its normal policy, responded to media enquiries. In doing so we have attempted to make it clear that it was the alleged gesticulation and incensing of the crowd, rather than the act of blessing himself, which led to this very limited and intentionally private action being taken.

We would wish to make it absolutely clear that the prosecution service in Scotland fully respects religious belief and practices and would not countenance formal action against individuals for acts of religious observance, but we would equally make clear that the police and prosecutors cannot ignore conduct which appears to be inciting disorder.