Challenges were made to the powers banning the free movement of those convicted of offences of violence. Orders had been made banning the applicants from attending football matches, and requiring attendance at police stations at times of matches abroad. Such orders were not imposed as a penalty, being rather for the purposes of preventing disorder, and so, the human right not to be punished without law was not infringed. Though the effect was prima facie a breach of the right of free movement, there was nothing in the treaty making it impossible for a member state to restrict the freedom of movement of its own nationals on grounds of public policy.
Judges:
Lord Justice Aldous, Lady Justice Hale, Lord Justice Waller
Citations:
Times 19-Jul-2001, Gazette 31-Aug-2001, [2001] EWHC Admin 554, [2001] 3 WLR 1392
Links:
Statutes:
Football Spectators Act 1989 14(4), European Convention on Human Rights 7
Jurisdiction:
England and Wales
Cited by:
Appeal from – Gough and Another v Chief Constable of Derbyshire CA 20-Mar-2002
The appellants challenged the legality under European law of orders under the Act restricting their freedom of movement, after suspicion of involvement in football violence.
Held: Although the proceedings under which orders were made were . .
Cited – Clingham (formerly C (a minor)) v Royal Borough of Kensington and Chelsea; Regina v Crown Court at Manchester Ex parte McCann and Others HL 17-Oct-2002
The applicants had been made subject of anti-social behaviour orders. They challenged the basis upon which the orders had been made.
Held: The orders had no identifiable consequences which would make the process a criminal one. Civil standards . .
Cited – Newman v Commissioner of the Police of the Metropolis Admn 25-Mar-2009
The defendant appealed against the admission of evidence on the respondent’s application for a football bannng order. A witness statement was based on intelligence reports which meant that the witness could not be effectively examined by he defence. . .
Lists of cited by and citing cases may be incomplete.
Crime, Human Rights, European
Updated: 19 May 2022; Ref: scu.80942
