Section 27

[LiloMan]

Evening all, I am doing the 92. (Going to a match at all the 92 football league grounds in England/Wales)

I live in Leeds, and am a Leeds fan and travelled to Kings Cross on the train on 28th February to go see Barnet play Bradford and then England v Netherlands the following evening.

Was staying at a mate's for a couple of days so had an overnight bag with me. Had a couple of beers on the train, and had drinks in a few pubs en route to the ground.

Got to the ground and my bag was checked on the turnstile by the stewards who find an unopened can in there, so was handed over to the police. They do another check of my bag and find another can.

I was issued with a Direction To Leave under Section 27, had to leave the area within 30 minutes and not return for 4 hours. Which I duly did. Tried pleading my case on the night to the officers on duty but they weren't having any of it.

When they rang through to check my details, my date of birth came back with the wrong year (1 year out). I was in trouble in 1999 for drunk & disorderly but not related to football. They seemed to be rather agitated by this but I doubt I would have given the wrong DoB at any point. My direction to leave has the correct DoB but the court summons doesn't.

Anyway, I have now been summoned to Hendon Magistrates on Friday morning. I was wondering what kind of charge I am likely to receive. I am pleading guilty and representing myself, due to costs.

I have been informed I could get a banning order, which would be extreme but could happen. I am hoping to pay a fine and costs.

[murraymints]

if the court summons is inaccurate ..you may get away with it on a technicality and no case to answer...you really need to speak to a sol ask to see a duty solicitor on arrival..if not before preferably

[New Judge]

There are not many "technicalities" such as you mention which would secure your acquittal. The prosecution can amend details on a summons any time up to the end of their case in court.

However, you have not said what you have been charged with, so it is somewhat difficult to say how you might be sentenced.

[LiloMan]

Entering a designated sports ground at any time during the period of a designated sporting event at that ground.

Contrary to sections 2(1)(b) and 8 of the Sporting Events (Control of Alcohol etc) Act 1985.

I have been to many grounds and am aware of not being allowed in with alcohol. In fact, I have witnessed several occasions other people having their booze confiscated and simply allowed in.

Purely absent-mindedness on my behalf that night, little bit drunk obviously but never interested in causing trouble. Just the love of the game :o)

I am bringing character references with me, and do you think it would be an idea to bring ticket stubs of other games I've been to up and down the country? Or maybe a photocopy of a handful of stubs?

Cheers ta

[New Judge]

The offence carries a maximum penalty of a fine of £1,000 and/or 3 months custody.

Magistrates’ sentencing guidelines suggest a “starting point” of a fine of one and a half week’s net income (reduced by a third for a guilty plea). From your description of events I see no reason for them to depart wildly from that guideline and, in view of the small amount of alcohol involved, they may see fit to reduce it a little. In fact, in view of your good character (the 1999 offence is too old for consideration) they may even feel inclined to deal with the matter by way of a Conditional Discharge. You will also have to pay prosecutions costs (probably about £85) and a Victim Surcharge of £15.

Although a banning order is a possibility, these should only be made where the court is “satisfied that there are reasonable grounds to believe that making a banning order would help to prevent violence or disorder”. From your description it seems they would be hard pressed to identify such grounds. You could relate your “92” exploits to them to help dissuade them from making an order if they are thinking of doing so. The Duty Solicitor scheme should be available to you. It is now only available to defendants for their first appearance only and who appear on bail (which you do) and who are charged with an offence that carries a custodial sentence (which you have been).

[LiloMan]

Thanks for the info, I shall try and get to speak to the duty solicitor definitely.

May I ask also what a Victim Surcharge entails?

Just one last thing, I'm thinking of making a complaint against the Met Police about how I was treated? Obviously I'm concentrating on the court appearance in the first instance but would you say that the section 27 form served on me could be destroyed and no record kept. Or has that ship passed given that I'm in court re the offence?

[New Judge]

The Victim Surcharge (which is currently set at £15) has to be levied on all defendants who are subject to a fine (but not to those sentenced in any other way). The proceeds go to help victims of crime and organisations which support victims.

I wouldn't worry about the Section 27 if I were you. You complied and that's that. Life's too short and in any case you've still got a large number of football grounds to visit.