Fans promised they won’t face arrest for banter

NEW guidelines on laws designed to tackle sectarianism at football matches are too vague and risk causing miscarriages of justice, critics have warned.

Scotland’s chief prosecutor, Lord Advocate Frank Mulholland, has set out how the powers would work in practice, in a submission to the Scottish Parliament.

He said fans would not be arrested for singing the national anthem, for making religious gestures or for “football banter or bad taste” – unless it was done in an “aggravating, threatening or offensive” way.

He added that police should use common sense when deciding whether to take action against supporters.

Both the Scottish Government and the Crown Office have declined to say what songs, chants or banners would lead to arrests.

They believe a definitive list would soon be out of date and would encourage people to find loopholes.

However, it means fans risk going to matches not knowing what is illegal and what is not.

Even the Scottish Police Federation, which supports the move, believes there will be “initial pain” with test-case appeals being used to define the law.

Professor Tom Devine, who has given evidence to the Scottish Parliament’s justice committee about the Offensive Behaviour at Football and Threatening Communications Bill, has warned it could make prosecuting offenders harder, rather than easier.

The Edinburgh University historian criticised in particular the Lord Advocate’s assertion that the offence “is not restricted to behaviour which is ‘sectarian’ but applies [to] all behaviour related to football that is likely to lead to public disorder”.

Prof Devine said: “Why is it extended into other forms of behaviour? In Scotland, the problem is distinctly sectarian.

“It is very difficult to define what is offensive behaviour. This will arguably make it more difficult to convict, not less.”

He added: “We are dealing with people’s life chances here. People could have criminal records, and it’s going to be down to a police officer’s judgment and interpretation of the law.”

Peter Kearney, spokesman for the Scottish Catholic Church, said: “These guidelines are clearly more concisely framed than the underlying legislation to which they relate. The fact that the guidelines will not be enacted into law, however, is of some concern.

“They will need to be studied in detail, but the indication that religious gestures of themselves will not be criminalised is welcome.”

The bill also faces opposition in the Scottish Parliament.

Alison McInnes, the Scottish Liberal Democrats’ justice spokeswoman, said: “The legislation leaves far too much to subjective interpretation and, truth be told, the Lord Advocate’s guidance still leaves far too many questions unanswered.”

John Lamont, the Scottish Conservative justice spokesman, said: “The very fundamental principle of our legislative process is that any act of parliament has got to be clear and easily understood, so people know where they stand, particularly in relation to criminal law. People have to know where they are breaking the law and where they are not.”

The new guidance comes as Strathclyde Police prepares for the first Old Firm game of the season on Sunday.

The second half of last season was blighted by tensions, explosives mailed to Celtic manager Neil Lennon, his lawyer Paul McBride, QC, and former MSP Trish Godman.

The Scottish Government’s desire to crack down on sectarianism has been backed by police, clubs and anti-sectarianism charity Nil By Mouth. However, questions remain about how the laws will be enforced.

Les Gray, chairman of the Scottish Police Federation, said: “I would compare this legislation to the Criminal Justice Act 1980, which came out when I was a young officer.

“Initially, people were charged for bringing medical flasks, Capri-Suns and Quenchy Cups into games, but these were removed following legal challenges.

“This will be the same. We will have test cases. There will be initial pain, but ultimately it will help in the long run.”

Assistant Chief Constable Campbell Corrigan, who speaks on football matters for the Association of Chief Police Officers in Scotland (Acpos), said: “It is recognised that there are operational issues to be considered, but through early dialogue between Acpos and the Scottish Government, these have been identified and considered during the drafting process.”

Dave Scott, a spokesman for Nil By Mouth, welcomed publication of the guidelines and said: “To ensure they are properly enforced, we need to be sure that police and law officers receive good-quality sectarianism awareness training and feel confident about dealing with the issue.”

A Rangers FC spokesman said: “We are fully supportive of the Scottish Government’s desire to eradicate antisocial behaviour in football, and any legislation should be applied fairly across all clubs.”

The Lord Advocate’s guidelines aim to make clear where the new laws would apply.

As well as at live matches and those being watched on TV in public places, people who are clearly on their way to or from a game would be subject to the laws.

This would include people with match tickets on them, those wearing their team’s colours, season ticket holders or groups who “can clearly be evidenced to be on their way to the match”.

The second part of the bill is designed to tackle people using online football forums and social networking sites to abuse public figures and incite violence.

A Scottish Government spokesman said: “Racism, bigotry and sectarianism are not welcome in Scotland, it is totally unacceptable, and those who perpetuate this hatred will be punished through the full force of the law.”

A Crown Office spokesman said: “The guidelines are not final, as it would be appropriate to take into account the final contents of the bill, together with contributions of MSPs in debates and witnesses to the justice committee.”

However, former Celtic striker Frank McAvennie yesterday hit out at the “PC brigade” who get involved in football. He said: “I just think the government shouldn’t step in, that’s for sure. I think football should be kept out of politics.”