Challenge over soccer hooligan ban thrown out Thursday March 21, 2002 The number of banning orders to prevent known or suspected football hooligans from travelling to the World Cup later this year is likely to increase substantially after the appeal court ruled yesterday that they do not breach humans rights laws. Derby County supporters C*** G**** and G*** S**** challenged banning orders issued in October 2000 which prevented them from attending their team's matches within England or any matches abroad involving any club team or the England national team. Lawyers representing the two men argued that the banning orders issued under the Football (Disorder) Act were an unlawful breach of their basic right to travel freely between European member states and were also in breach of the European convention of human rights. Under the legislation police can issue banning orders against those they suspect of being involved in football hooliganism even though they may not have been convicted of any offence. The test case brought by Mr G and Mr S, both from Derby, is viewed as crucial to police attempts to prevent known or suspected hooligans from travelling to the World Cup, which starts on May 31, or other England internationals abroad. Lord Phillips, master of the rolls, said the appeal court judges had been told that those involved in disorder at domestic matches were just as likely or more likely to cause violence or trouble abroad. The court heard police had asked for banning orders against the two men after receiving intelligence that they were part of a gang of hooligans known as the Derby County Lunatic Fringe.

They had also been spotted at Charleroi in Belgium when trouble flared before England's European championship match against Germany, while one of them was on a coach travelling to a Derby match with known or suspected hooligans. Both Mr G and Mr S had previous spent convictions for football violence related offences but these dated back more than 15 years. Their laywers complained that the initial proceedings brought against them by Derbyshire police in October 2000 were effectively criminal in nature and required a criminal standard of proof, even though the matter was dealt with by a civil court. Police only have to provide a profile of a person's behaviour during the past and no evidence of criminal convictions at a banning order hearing. In the case of Mr G and Mr S a 10 year profile was provided to the court. The Football (Disorder) Act was introduced by the then home secretary, Jack Straw, following widespread violence in Belgium during the Euro 2000 tournament when 965 England fans were arrested by local police. There are 978 banning orders against known or suspected hooligans, 900 of them for both domestic and international matches. Those served with them have to surrender their passports and report to a police station in the run-up to a match. The national criminal intelligence service wants to increase the number of banning orders in the run-up to the World Cup, to prevent known or suspected hooligans from travelling. Its spokesman, Mark Steels, said: "The ruling is excellent news. We have always thought there could be appeals on human rights grounds but it has always been our contention that it is the human right of everybody to watch a football match without being bothered by criminals."