Offensive Behaviour at Football Act

The Scottish Government has announced that the Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012 is now in force. The Act gives Scotland's police and prosecutors  additional tools to crack down on sectarian songs and abuse at and around football matches and threats posted on the internet or through the mail. 

The Act creates two new distinct offences, punishable through a range of penalties up to a maximum five-year prison sentence and an unlimited fine:

Offence A - "Offensive Behaviour"

Intended to deal with sectarian and other offensive chanting and threatening behaviour likely to cause public disorder.

The offence covers behaviour likely to lead to public disorder:

• Expressing or inciting religious, racial or other forms of hatred.
• Threatening behaviour or behaviour which would be offensive to any reasonable person.
• Covers behaviour at and on the way to or from a "regulated football match", which includes league, European and international matches.
• Definition based on football banning orders (FBO) legislation, which means there is the potential for an FBO to be imposed in every case.
• Also covers anywhere a match is being broadcast in a public place, and travel to and from such places.
• Covers a wide range of behaviours with appropriate relevant penalties ranging from fixed penalty notices (£40) and Community Payback Orders to a maximum of five years in prison and an unlimited fine.

Offence B - "Threatening Communications"

Intended to deal with threats of serious harm and threats which incite religious hatred.

The offence covers:

• Threats of serious harm intended to cause fear and alarm, or reckless as to whether they do. This includes implied threats (e.g. the posting of bullets or images depicting serious harm).
• Threats intended to incite religious hatred.
• It is a defence that the behaviour was in the situation "reasonable". This is intended to exclude artistic performance etc.
• Maximum penalty of five years in prison and an unlimited fine.