Prosecuting Hate Crime in Football

Professional football has attracted large crowds since its inception in the 19th century. It has also had players from different cultures, ethnicities, religions and sexual orientation. Few would argue that players, or indeed spectators, should go to stadia and be subjected to behaviour that would not be tolerated, either morally or legally, in other places. Yet that is exactly what happens on a weekly basis, with many abusive fans describing their behaviour as just ‘banter’ and those who challenge them as the ‘fun police’, whereas a more accurate description is ‘hate crime’. This chapter examines the prosecution approach to tackling hate crime in football. It starts by looking at hate crime generally and the football context specifically. The respective roles of the police, the Crown Prosecution Service and the courts are considered as well as their interplay. The history of hate crime in football in the 19th and 20th centuries is examined, as it explains the genesis of the legislation used to tackle violence and disorder in football. An overview of the scale and breadth of the problem in hate crime is provided by considering events from 2000 to 2020. The chapter looks in detail at the key legislation in place at the outbreak of COVID-19 in 2020 and how policies and guidance have been developed for prosecutors, in partnership with the police. The two leading cases, on football banning orders (Gough v Chief Constable of Derbyshire) and Section 3 of the Football (Offences) Act 1991 (Director of Public Prosecutions v Stoke on Trent Magistrates’ Court), are examined along with cases from the lower courts reported in the media. It is argued that while the legislation is robust, problems with hate crime persist. Also, the current legislation and regulations, which have been strengthened post COVID-19, and the prosecution police and guidance are assessed. The chapter concludes that while much has been achieved, there is much still to be done – and there is no room for complacency.