June 2015 Travel Restrictions on Anyone on Football Banning Order and the Power Struggle of the UK Football Policing Unit

Once again, its coming up to time when football fans in England who are on a football banning order are placed under a restriction of their liberty for no other reason than the National team are playing overseas.

There are two matches coming up, the Ireland v England friendly match on 7th June 2015 and the Euro 2016 qualifier Slovenia v England on 14th June 2015. What this means for fans on a football banning order is that they have to hand in their passports to the police on 2nd or 3rd June 2015, and also have to report to their designated police station between 10am and 1pm on 7th June 2015. Just when that reporting period ends, the next one starts. Fans have to hand in their passports to the police on 9th or 10th June and they can’t be collected until after the match on 14th June 2015.

For many fans, unless they have plans to travel between the 2nd and 15th June 2015, it is probably an easier deal to just leave their passports at the police station until after the 15th June. However, this is a huge restriction on their liberty.

An even bigger restriction on a fan’s personal life and freedom of movement is the reporting restriction on 7th June 2015. The reason the UK Football Policing Unit has put these restrictions in place is because it is possible to travel to Ireland on a driving licence, and the legislation does not permit the UKFPU to require a fan to hand in their driving licence. But let’s face it, fans who are on the police radar will be spotted at the airport or port anyway as they are well known to the football officers, who will be loitering around at all major airports and ferry terminals.

It is questionable whether this isn’t just the UK Football Policing Unit asserting its authority. An authority which has always kept itself below the radar. As a lawyer dealing with football fan cases, it has become increasingly difficult to deal with the UKFPU. It will not engage in communications about fans’ bans, and rarely responds to queries. So why has it suddenly decided to poke its head above the parapet. Call me a cynic but suddenly articles written by the UKFPU are being published in the media, and the newspapers are being fed stories which are are being printed to try and persuade the public that football hooliganism is on the increase and that if we are not careful it will go back to the ‘Dark Days’. This is nothing more than UKFPU spin, the Home Office statistics for the past few years have shown that incidents of football violence are low, compare that to incidents of violence on a Friday and Saturday night in the town centers around England.

It’s a shame that the UKFPU doesn’t think about the impact its reporting restrictions are having on those fans who work on Sundays, who usually take their kids swimming on Sunday morning, or who had plans to take the family away for the weekend. And the reality is that, in certain areas of the country a fan can sign on just after 10am and still catch a flight to Dublin in time for kick off, or shortly after. This reporting restriction will achieve nothing in relation to those fans (if there are indeed any) who are determined to go to Ireland and cause trouble, but will no doubt give the UKFPU some extra brownie points when it is applying to the Government for its next round of funding so that its staff can travel around the World promoting the UKFPU. Why let the right of movement of hardworking fans get in the way of that?

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Just to clarify, if you are on a football banning order, you must hand in your passport to the police on 2nd or 3rd June 2015 and report to your designated police station between 10am and 1pm on 7th June. You can collect your passport on 8th June 2015, but you must hand it in on the 9th or 10th June 2015 for the next control period, and cannot collect until 15th June 2015.
If you do not see the football officer when you hand in your passport or you report, always make sure you get a receipt to say that you have attended, even if it is just a handwritten note signed by the officer you have spoken to, and the time and date.

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Hitting the Real Life Murder Scene & Trying to Keep the Client From Death Row

My mum had high hopes for me as a lawyer, but it turns out, I only like the dirty gritty edgy stuff that brings me into contact with the worse crimes that you can imagine. The kid found in a suitcase in the canal, the torture of a gang member and anyone who just happened to be a member of their family, the tourist abducted from the beach during a night time stroll and buried alive. Yet I also see those who are accused of the crimes, the lives they have lived, and still live, and I also have at the forefront of my mind the fact that they might, just might, be innocent. I’m a defense lawyer trying to keep those charged with the most heinous crimes from Death Row.

Standing in a street which was the scene of a drive by shooting two days earlier, I count the number of bullet holes in the building opposite, and then notice that the cars in the neighboring yards are also riddled with bullet holes and that the 2 inch thick metal fence posts didn’t fare a lot better. Meanwhile cars with blackened windows cruise past very slowly, and I’m conscious that if the window rolls down and there is an automatic weapon on the other side, those holes aren’t just going to be in a fence post and house brick.

So why am I here? It’s a crime scene and my client is charged with murder, it’s as simple as that. I want to look at the crime scene, get a feel for it myself, speak to the neighbors – if any will speak to me – I’m a middle aged white woman in a predominantly black poor neighborhood. Some call it the ghetto, but its not, there are good, hard working decent people living here, they would like to move but are unable to, they are in hock to the bank for their houses and no one is going to buy a house from them with the added selling pitch of MP5 bullet holes. Instead they have to hope that their son coming home from school at 5pm isn’t the next innocent victim of gang turf wars that have spilled over to these streets in recent years.

I don’t have the back up that the cops have when they visit these areas, I don’t have a firearm, or a radio to call for back up. To advertise the fact that I’m not a cop, I often show a lot more flesh than I usually think appropriate for a defense lawyer at work, tight cropped jeans so that its clear I don’t have a firearm strapped to my legs, bare hips and small of my back, showing there is nothing concealed in my waistband, and a Public Defender tag around my neck. It’s as good as a sign on my head “Yes I know I’m way out of my depth on these streets but I’m not a cop or looking to buy drugs”. In reality my best asset is my English accent, its very rare for a person not to respond to me when I ask to speak to them.. there is always that curiosity, it might come in the form of “I love your accent, where are you from?” or “hey Bitch where you from, that ain’t no Hood accent”. To me it doesn’t matter so long as it gets people talking, as that what I’m there to do. Many of the people in these streets will have refused to speak to the police, or to provide statements, but they may be prepared to talk to me. A street of 20 houses, at least 10 of them hit by stray gunfire, and when the police attended, no one heard a thing, apparently they were all asleep. I can usually find at least one or two who were not quite so asleep after all, and then there is always the local gossip who may actually hold a fair amount of truth.

I take photos of the scene on my iPhone, locations and lighting, where cars would have likely been parked, lines of sight for the neighboring and opposite houses. I’m not a crime scene investigator, but I have a good eye for a crime scene and will pass all my information back to the defense investigators and tell them what I want them to look for, what reconstructions I want. If it was a night time shooting then I’m sorry but I need an investigator to go back at night time. A day time photo or an ariel shot from Google Earth isn’t going to cut it with me.

I will often go back with the investigators to show them what I want. In the past I’ve borrowed cars to carry out reconstructions using the exact same car the police were sitting in to show that they could not have seen what they say they saw from inside the vehicle. I’ve asked cops to interrupt their lunch to get down on their knees in the middle of the diner and pull a weapon to show me whether it can be done the way my client has said it happened, and I’ve visited snitches in jail to tell them that so long as they keep out of my client’s way they should be ok as I’ve told my client that if the snitch dies, they too are going to face the same grim reaper that they have tattooed on their arm!

I am sure many of you are thinking that this is the stuff of Hollywood and doesn’t happen in real life, and that’s right, many lawyers don’t do anything more than meet their client at court and speak to them occasionally on the phone. But that’s not me, I need to get into the mind of my client and their life, and because of this I have ensured that most of my clients don’t go to Death Row and with those who do I can say I have tried.

Next stop is the local liquor store as these are often the focal point for these neighborhoods. As I walk up to the liquor store with its blacked out windows I’m never quite sure what to expect inside, but it is the usual, the clerk and all the alcohol behind bulletproof glass, money passed through a small gap where the glass meets the counter, a big metal pull out tray under the counter where the alcohol is delivered after payment is made. The only stuff on show are a few cans of coke in a side fridge. I grab a coke and join the queue, which parts for me to go to the front. I’m not from round here, they want to know why I’m there and possibly get me out as soon as possible. My problem is that I don’t want to go first, I want to talk to the clerk when he’s on his own. As soon as I walked into this store I realized that my client wouldn’t have walked into this store to jack it, the bullet proof glass, with American Rifle Association stickers all over it, gave it away that it’s not quite an easy target, so the other option is that he or those with him, were in here to buy a firearm. I explain to the clerk who I am and tell him that I am confused as to why my client went into the store that evening as surveillance footage shows that he didn’t exit with any liquor, was it perhaps that they card everyone, and my client didn’t have ID? The clerk completely ignores me.. oh well that’s a bust then. Two guys behind me snigger as though they can’t believe I am naïve enough to think that this liquor store cards all its customers. As I walk past them I mutter “or is it that he wanted something else that went in his waistband?”

By the time I exit the liquor store there are kids circling on bikes “hey lady, you been asking questions in my neighborhood?” It’s amazing how a 12 year old kid can create such an intimidating atmosphere, but my clients over the years have taught me ….don’t back down, don’t show a sign of weakness, you might still get shot or beaten but its less likely ..jeez thanks. So I don’t back down I walk up to the kids, I hand them all one of my cards, and they let me walk off. As I drive out of the parking lot, one of them circles up to my car, and gives me a name…it might come to nothing or it might be the breakthrough in my case. My client’s life might actually be saved by a 12 year old riding a bike!

Could you risk the dangers in order to reach villages cut off by the Nepal Earthquake? Please support those who are.

Imagine living on $3 a day, and then suddenly a bottle of water costs nearly a week’s wages.
Living in a village on a mountainside, growing all your own food on that mountainside, and finding that it is no longer there due to landslides, and that your house is in such an unsafe position that you shouldn’t let your children sleep in it, but there is nowhere else to shelter at night.

I don’t usually write begging letters, it’s not in my nature, but I am making an exception as I am hearing first hand by text and email about the plight of the people of Nepal. Those I know are out in Nepal working for charities, some are still missing. Others I know grabbed their Emergency bags and rushed to the airport in their home countries waiting for the phone call saying that they are booked on a fight. Most have not yet reached Nepal due to the fact the airstrips are not able to take the increased air traffic, and as I understand it, the airports are being closed regularly due to the aftershocks. You can imagine the frustrations they are feeling, sitting around in airport transit lounges knowing that they can help, if only they can get there.

Official reports are being given by the media that the death toll has increased to 3000, I am certain this is going to rise further, only this evening I heard of colleagues who managed to reach a village on motorbike, and were faced with over 30 bodies. The police and search and rescue have not reached this village yet, when they do, no doubt the death toll will rise. This is only one village, there are hundreds of villages which have not yet been reached.

Anyone who has been to Nepal or seen it in photos will know that it is a beautiful country, with a stunning landscape, but it is a very unforgiving landscape. Many villages are built on the mountainside, and one house on top of another, which has made the landslides even more dangerous and devastating.

While the tales of the number of people who have been killed in the earthquake and after effects are horrific, what is more horrific is that those who are alive are suffering from a lack of medical care, clean water, shelter, food. Many will be searching for family and friends, not knowing if they are dead or alive. Much of the UK media has been focused on the Europeans and Americans who are stranded on Mount Everest, but they are only a handful of those who are suffering.

Hence my begging letter, if you can spare some cash, perhaps forgo the lattes this week or the takeaway you were planning for Friday night, this will go a long way in the relief effort. I know many of you will be saying that you have seen the news exclusives and that most of the charities spend more on administration than they do on helping others. But not all do..

The Esther Benjamins Trust is based in Nepal, but is British run. At the moment their staff are on motorbikes, trying to reach villages to check up on children who had been rescued from human trafficking by the charity, and who had been placed back with their families. These children have already suffered trauma, imagine what they are now going through (if they have survived the quake itself). This is a small charity which was already making a huge difference to the lives of Nepalese children prior to the earthquake, but who now really need help to ensure that they can assist those families who have no shelter, and are facing the real threat of not being able to afford a bottle of water or bag of rice due to the ‘quake inflation.

You can donate to the Trust at http://www.ebtrust.org.uk/donate-to-charity or via text – Text EBTK13 £2/£5/£10 to 70070

Alternatively if you want to donate to a more well known charity, the British Red Cross has an earthquake appeal http://www.redcross.org.uk/NepalEarthquake

For the Aussies reading this, you can donate at https://donations.redcross.org.au

For the Yankees reading this, you can donate at http://www.redcross.org

It doesn’t need to be a lot, whatever you can spare will help.

And for those of you who are thinking of going out to Nepal to help..the message coming out of Nepal is “Don’t Come”. While you may be good intentioned, you will use up the scarce resources such as water and fuel. If you want to help, please pass around this blog, and sign on for newsletter updates with charities such as Esther Benjamins and the British Red Cross, in due course, when the time is right, they will be asking for assistance, such as bedding and warm clothing, and volunteers to help rebuild schools and medical centers.

‘It’s those who think it will never happen to them who are most at risk ‘. The role that Grassroots Sport can play in combatting Child Sexual Exploitation.

Recently I attended a training session at Rotherham United FC, this time it wasn’t anything to do with football training, but instead helping grassroots coaches and team managers to identify potential child exploitation, and to help young people recognise that they may be a target of a groomer. The dangers of child sexual exploitation are everywhere, any youth, any age, can be groomed. Some may be groomed quicker than others, a few hours in some cases, and over a year in other cases. The whole point of grooming is identifying a person’s weakness and exploiting it. In reality, those most at risk of grooming are young people and their parents who believe it will never happen to them, the youths who have supportive parents and activity filled lives. The reason they are most at risk is exactly because they think it will never happen to them, so they are not looking out for the signs – the supposed football scout who turns up at youth football matches, speaks to parents and gains their trust, or the person who advertises exam tuition classes in the family home. Over time that person gains the trust of the family, and at the same time learns about the youth, and hence can identify their vulnerability, or waits for a vulnerability to show. All it takes is an argument with parents, a broken relationship, or some poor school results, and they then become a shoulder to cry on, a person who understands. It is at this stage the sexual exploitation can start in earnest, and before the youth or parents realise what is happening, it can often be too late. The whole point of the child sexual exploitation grassroots sports training is to help those who work regularly with youths to identify the signs, such as the football scout who is attending youth matches, but who hasn’t previously contacted the local Football Association to arrange their attendance, the child who usually turns up to swimming club on their own but who has recently been turning up with an adult who isn’t a family member or friend, a player who has started to act violently towards other players on the field, or who will no longer undress infront of their team mates in the changing rooms. All of this is placing a big responsibility on sports coaches and managers, and they shouldn’t be expected to do it alone. Parents should also be aware of the signs, not just in their own children, but listen to their sons and daughters when they are talking about the changes they are seeing in their friends. A friend whose parents are on low income, and all of a sudden the friend has a brand new iPhone which he uses at school but which his parents don’t know about. The friend who is wearing new clothes and is talking about the new ‘older’ friends she is chatting to online. The youth who suddenly has new football boots and is being dropped off at training in an unknown vehicle. While we can reflect on how sad it is that we have to be suspicious of others, it is exactly these suspicions which can help to prevent future child sexual exploitation. Just being an extra set of eyes and ears, and if we see something which doesn’t seem right, to challenge it. If the football scout is genuine, they will accept that they have to be listed with the local Football Association, if the person taking an interest in the young swimmer is a family friend they should be happy to provide their name if asked.

Updated Statement Regarding PSG v Chelsea Metro Incident

Today summonses were served by the Metropolitan Police Service on 5 Chelsea FC fans in relation to the Paris Metro incident a few weeks ago.

This afternoon there has been a lot of incorrect media reporting about the content of the summonses and their likely outcome, as well as further publication of the fans’ personal details and private life. We can assure concerned Chelsea fans that we are currently working to correct this incorrect and misleading reporting.

We have not seen all of the summonses but we can comment on what we have seen and what we know about this area of law. The summonses are for Section 14b Football Spectators Act football banning orders. They are not for criminal charges of racist offences.  As we stated previously, the Metropolitan Police Service cannot bring charges of racist offences against fans for their alleged actions overseas, only the French police can do that. The summonses do not act as European Arrest Warrants, no fan can be extradited to France on the basis of a summons, nor can they be sent to prison in the UK.

The first hearing of these cases is 25th March 2015, it will come as no surprise that this has been set 2 days prior to the England v Lithuania match. The fact that these summonses were served on the day of the CFCvPSG match is no happy coincidence, and the cynics among us would say it was done to create another media storm, and to further cement a trial by media against these fans. With this in mind, We repeat our warnings of the past few weeks, if you are a Chelsea fan, please think carefully about your social media interaction tonight, as lazy journalism will no doubt continue, with the media publishing comments from twitter or Facebook and many of these may be taken out of context. We are a vocal supporters of freedom of the press so it is a shame that we are having to warn fans about the dangers of exercising their right to freedom of speech on social media, but sadly in relation to this incident, fair reporting has not been conducted by some of the media, and fans need to protect themselves from potential damage to reputation.

For further information, please see our previous statement linked on the right hand side of this page.

Alison Gurden, Barrister & Melanie Cooke, Solicitor

Statement by @gurdena & @CookeMelanie Answering Questions of Worried Chelsea Fans and Confirming Support For All Football Fans

In the past 36 hours we have received numerous queries from Chelsea fans, concerned that their presence on a Paris Metro train may result in them being hounded by the press, arrested and sent to Paris for trial, and issued with a lengthy football banning order by the English courts.

Alison Gurden’s blog on the media witch-hunt and Twitter lynch-mob received over 3000 views in just 24 hours. It is hoped that Chelsea fans who went to Paris took her advice and either privatised their social media accounts, or only posted comments and photos which cannot be twisted and turned against them.  The blog is printed beneath this press release.

We are aware that many fans who were on the Metro train have already been harassed by the press, with reporters camping outside their houses and shouting through their letter boxes. Some fans’ family members and friends have also been tracked down by reporters and asked for comment.  The Paris incident itself has faded into the background in much of the newspaper reporting, with the newspapers instead choosing to identify a fan’s employer, school, university, family members and political affiliations. We are aware of fans who have been suspended from their employment, and others who are unable to attend college due to this press hounding.

The question many fans have asked is “will I end up in a Paris jail for just being in the photo taken on the Metro train?”. While we cannot give a definitive answer to this, any fan who is wanted by the Paris police, and who is on UK soil, must first be arrested in the UK under a European Arrest Warrant. This is a legal process, and any arrest can be challenged, however it must be challenged very early on, when the fan first appears in the English Magistrates Court. A fan is unlikely to be interviewed at the police station if they are arrested under a European Arrest Warrant, but they are entitled to legal advice and assistance and to have a family member or friend notified that they are under arrest.  A fan can also apply for bail when they first appear in the English Magistrates Court. The European Arrest Warrant is not just a rubber stamp to extradite a fan to Paris, but only if the fan challenges it from the very beginning, if they don’t challenge it, they could find themselves in a Paris court within 14 days.

The Metropolitan Police Service has issued a statement making it clear that it will seek football banning orders on all those involved in the incident on the Metro train. This will no doubt be in the form of a court summons, delivered by hand, to a fan at their home address. It will probably be delivered very early in the morning. These summons are usually accompanied by a costs schedule which states that the costs of opposing the police application will be £5000, but if the fan agrees in writing, there and then, to accept the ban, the costs will be waived. In our experience this is scaremongering. While we accept that the police can ask for costs in a case where they are successful in their football banning order application, the costs rarely reach anywhere close to £5000.

While we do not condone racism in any context, but we do believe in due process of law. It is evident that there is a gap in the protection of fan’s rights in high profile situations such as this.  We have experience of high profile football fan cases and we act in the best interests of the football fan client when handling the press, negotiating with employers or colleges, and representing in court. We are independent, not politically connected, nor affiliated to any organisation or football club, and will continue to support Chelsea FC fans, and any other fans facing a trial by media.

Alison Gurden, Barrister, 1 Gray’s Inn Square Chambers
Melanie Cooke, Solicitor.

The Danger of the Twitter Lynch Mob to Football Fans – Chelsea Fans Guilt by Association

The media and social media outpouring of hatred towards the Chelsea fans who are alleged to have been racist towards a passenger on the Paris Metro has again opened up the wider attitude that the media and much of the public have towards football fans.

I have watched the video, which has gone viral, and on the face of it, it shows a black male being pushed off of the Metro train a few times by some white males who have been identified as Chelsea fans. There is also singing which appears to be either identify the fans as racist or as one fan has told the media, as a song about John Terry and his acquittal of a racism charge.

Its not the video that concerns me, in due course, the police will no doubt identify those fans who were doing the pushing and the singing and apply for Section 14b Football Spectators Act football banning orders on them. These orders can be applied for in the English Magistrates Court, they are civil, and will not amount to criminal charges, and have a lesser burden of proof.

The fear is that the police will apply for orders on anyone who is identified as being near the doors of that carriage. I have appealed decisions of the Magistrates Court ordering Section 14b civil football banning orders for 3 years on fans for doing nothing more than standing in a train carriage holding a bottle of beer and wearing a football scarf. Fortunately the Crown Court usually sees sense and overturns the ban, but not before the fan has been outed as a ‘hooligan’. This can have grave consequences on their lives, such as loss of jobs, promotion, or college course, none of which they can get back when their football banning order is overturned.

Unlike the assertion of the Press, some other commentators and even the Met Police, it is not possible for criminal charges to be brought against the fans in the English courts. And therein lies the problem… None of the fans who were on that Metro carriage and who had their photo taken, will be given the opportunity to have the allegations made against them aired in court in front of a jury. Certain people are already being identified by the press as ‘thugs’ and ‘racist’ when in actual fact the video shows nothing more than them standing on the Metro train. The social media fury has turned into a witch hunt and a lynchmob, and people who have not been charged with any offences have had their details taken from their social media accounts and published around the World. Try telling an employer that the fact your name, face, and where you work is plastered on the front page of a tabloid is all a bit of a misunderstanding.

Social media is now the new judge and jury. Twitter users are calling for a 17 year old to ‘hand himself in’ after he gave an interview in which he said he was in the Metro train carriage. Worse still there are some very vile and abusive comments being posted about him, by professional adults, the very people who are taking such a stance against racist abuse are themselves abusing in another form, and that makes them no better than anyone who has carried out racist abuse.

I always inform football fans who are facing criminal charges that unfortunately, as they are a football fan, they are guilty until proven innocent, and this has never been more evident than what I have seen tonight in the newspapers, tv and social media. All of a sudden everyone has a comment on racist football fans..especially if it comes with a slot on national tv, or a photo in the national press.

One of the first things I ask fans I represent is for them to pass me their social media account details. What they may think is football banter, others may decide is offensive. I am giving that warning to all Chelsea fans tonight, if your Facebook, twitter or instagram accounts are open to the public, be sure there is nothing on there which can be twisted by the press. I have dealt with cases in the past where the family members of a fan have been threatened via Facebook for nothing more than being linked to the fan and an obvious family member. Don’t for one minute think that the populist media will not troll your Facebook account to find out what they can and use it to their advantage.

This furore will die down in a couple of days and the media will have moved onto something else, and the twitter users who have trolled the 17 yr old fan will go back to posting funny videos of cats. The damage that may be done to a fan who has been outed may not go away so easily. An employer will not overturn a suspension or a dismissal due to the fact the media attention has died down, a fan’s children will still face the prospect of cyber bullying from those with nothing better to do.

All I ask is that if you are a Chelsea fan you protect yourself and think long and hard about what you post on social media in the next few days, and if you have open accounts, it may be wise to make them private for a few days. If you are one of the twitter lynchmob, please think carefully about what you are posting as you may be ruining the lives of people you have never met, are never likely to meet, and who have caused you no harm.

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