Procurator Fiscal at Alloa v MacRae, McKellican and Wheater
Crown Office
3 March 2010
Procurator Fiscal at Alloa v MacRae, McKellican and Wheater
At the Sheriff Court in Alloa today, Elliot MacRae (39), Leigh Wheater (32) and Lee McKellican (21) were given football banning orders for 5 years, 3 years and 1 year respectively having been previously found guilty of being involved in January 2009 of football related violence by fighting with rival football supporters and committing a breach of the peace. In addition MacRae and Wheater were ordered to do 150 hours of community service and McKellican was given a £300 fine.
Speaking after the sentence, Andrew Grant, Procurator Fiscal for Stirling and Alloa said:
"Disorderly conduct at football matches and particularly between rival fans will not be tolerated. All such conduct will be robustly investigated and prosecuted and if individuals are found guilty the Crown will advise the court, as in this case, of the availability of imposing Football Banning Orders for such offences.
"The imposition of football banning orders in this case will prevent the accused attending any regulated football match, protecting genuine fans from being subjected to such behaviour."
Assistant Chief Constable John Neilson of Strathclyde Police, who leads on football issues for the Association of Chief Police Officers in Scotland, said:
"Football hooliganism is unacceptable and we are determined to work with clubs and genuine supporters to try to eradicate it from the game. The continued enforcement of Football Banning Orders in Scotland will undoubtedly send a message to those who use football as an excuse to create disorder that this anti social behaviour will not be tolerated."
ENDS
Notes to editors:
1. Sections 51 to 69 of the Police, Public Order and Criminal Justice (Scotland) Act 2006 relate to Football Banning Orders. The provisions commenced in Scotland on 1 September 2006.
2. A Football Banning Order may be imposed by a court upon sentence to an offence which is football related. Before imposing such an order the court must be satisfied:
• that the person was aged 16 or over at the time of the offence;
• that the offence involved violence or disorder;
• that the offence related to a football match; and
• that there are reasonable grounds to believe that making the order will help prevent violence or disorder at or in connection with any football matches.
3. The mandatory requirements of an order are as follows:
• The offender is prohibited from attending any regulated football match;
• The offender must report at a police station in connection with certain regulated football matches;
• The offender must report to a police station within 5 days of the order being made;
• The offender must notify certain prescribed information to the football banning orders authority within 7 days of the occurrence of any events that are relevant to the order e.g. change of address; and
• The offender must surrender their passport when relevant overseas matches are to be played. This requirement can be waived in exceptional circumstances, for example, where the person's employment requires them to travel frequently.
4. A regulated football match includes:
• Football matches anywhere in the UK where one or both of the participating teams represents:
i. a country or territory,
ii. a club which is, for the time being, a member of the Scottish Premier League or the Scottish Football League, or
iii. a club which is, for the time being, a member (whether a full or associate member) of the Football League, the Football Association Premier League, the Football Conference or the League of Wales.
• Football matches outside the UK involving:
i. a national team appointed to represent Scotland, England or Wales by, respectively, the Scottish Football Association, the Football Association or the Football Association of Wales, or
ii. a team representing a club which is, for the time being, a member of the Scottish Premier League or the Scottish Football League or a full or associate member of the Football League, the Football Association Premier League, the Football Conference or the League of Wales.
• Any other match anywhere in the world as may be prescribed by order made by the Scottish Ministers.
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