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Offensive Behaviour at Football Act


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Have you ever been at a game and celebrated your team scoring, and given it a "Get it up ye" to the opposition team/fans in the process? I would imagine most football fans have at some point. Even that could see you arrested for breaking this law.

:lol: :lol: :lol:

All the time, and no.

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:lol: :lol: :lol:

All the time, and no.

If someone complains that they find you doing it offensive, you could be arrested for it. Which is one of the many reasons this law is so fucking stupid and should be done away with pronto.

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Elixir, on 01 Mar 2016 - 15:27, said:

:lol: :lol: :lol:

All the time, and no.

The point is that according to this law, it can happen.

As I said before, it seems to be used responsibly and so this kind of thing never happens. But the point is that there's room for it to happen, and it's pointed at football fans. I don't see how this isn't a problem.

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If someone complains that they find you doing it offensive, you could be arrested for it. Which is one of the many reasons this law is so fucking stupid and should be done away with pronto.

Any law which potentially sees Elixir getting arrested is a good law in my book.

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The point is that according to this law, it can happen.

As I said before, it seems to be used responsibly and so this kind of thing never happens. But the point is that there's room for it to happen, and it's pointed at football fans. I don't see how this isn't a problem.

Only it's not being used responsibly. There are numerous examples of it being abused.

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The Act is a terrible law that even if I didn't have principled objections to it I would say is riddled with bad drafting and poor targeting. It should be repealed in its entirety. Clubs and the SPFL and the SFA have it in their power to address all sectarian singing in their grounds and the police can already deal with fan disorder inside and outside grounds under breach of the peace.

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Have you ever been at a game and celebrated your team scoring, and given it a "Get it up ye" to the opposition team/fans in the process? I would imagine most football fans have at some point. Even that could see you arrested for breaking this law.

If someone complains that they find you doing it offensive, you could be arrested for it. Which is one of the many reasons this law is so fucking stupid and should be done away with pronto.

But if this law wasn't there you could still be arrested under current legislation, if a policeman deemed it was liable to lead to a breach of the peace, or however the "catch all" is worded.

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The Act is a terrible law that even if I didn't have principled objections to it I would say is riddled with bad drafting and poor targeting. It should be repealed in its entirety. Clubs and the SPFL and the SFA have it in their power to address all sectarian singing in their grounds and the police can already deal with fan disorder inside and outside grounds under breach of the peace.

Exactly. There was legislation in place like you say. This just makes it open season on football fans.

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The Act is a terrible law that even if I didn't have principled objections to it I would say is riddled with bad drafting and poor targeting. It should be repealed in its entirety. Clubs and the SPFL and the SFA have it in their power to address all sectarian singing in their grounds and the police can already deal with fan disorder inside and outside grounds under breach of the peace.

And they had it in their power for years/decades/aeons before the act too.

Exactly. There was legislation in place like you say. This just makes it open season on football fans.

If only the ugly sisters the SFA and the SPL/SPFL had bothered their hole to do something before yet another high profile OF disaster shamed the nation and the government into making this fudge.

Still your mess, still your responsibility to sort it out.

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:lol: :lol: :lol:

All the time, and no.

As a matter of law, it could.

"Behaviour that is threatening" or "behaviour that the reasonable person would be likely to consider offensive" that is either "likely" or "would be likely" to incite public disorder but for the existence of "measures in place" to prevent it or that "persons likely to be incited" are not present in sufficient numbers.

If you were to run-up to the front of a stand and give a GIRUY at a football match, that satisfies the letter of the Offensive Behaviour (etc.) Act.

And the legislation hasn't been applied carefully. A Thistle fan was convicted for singing an ironic and anti-sectarian song with the phrase "so f**k your Pope and f**k your Queen" at a game against Celtic. The judge in the case himself said:

"You are not the sort of person who creates the problem and needs this legislation."

And yet Prosecutors and Police are arresting people for this kind of behaviour.

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But if this law wasn't there you could still be arrested under current legislation, if a policeman deemed it was liable to lead to a breach of the peace, or however the "catch all" is worded.

In many cases you are correct, which is another reason why this law was not and is not needed.

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But if this law wasn't there you could still be arrested under current legislation, if a policeman deemed it was liable to lead to a breach of the peace, or however the "catch all" is worded.

Breach of the peace isn't in legislation. It's common law. And the threshold for satisfying it is higher and would exclude some of the more ridiculous prosecutions we've seen. It requires conduct severe enough to cause alarm to ordinary people and threaten serious disturbance to the community. This is a higher standard than hypothetically inciting others but for the fact that they were a man and a dug and there were loads of police officers, an official cordon, stewards and iron railings between you and the other people.

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Spot on. Football fans already get discriminated against with the drinking ban...now this kicks in.

Drinks ban.....

Remind me which Scottish cup final events led to the drinks ban coming in?

Which two teams were playing?

Which two set of Cretinous Bampot fans brought shame to Scotland with their joint behaviour?

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Only it's not being used responsibly. There are numerous examples of it being abused.

Gonnae humour me, and provide me with some of these examples?

ETA: I'm not being entirely facetious: I am genuinely curious to see if there are examples or not, and if so, how this "abuse" manifested itself

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And they had it in their power for years/decades/aeons before the act too.

If only the ugly sisters the SFA and the SPL/SPFL had bothered their hole to do something before yet another high profile OF disaster shamed the nation and the government into making this fudge.

Still your mess, still your responsibility to sort it out.

I've seen worse at an Aberdeen v Rangers game but you keep telling yourself it's nothing to do with you!

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Gonnae humour me, and provide me with some of these examples?

ETA: I'm not being entirely facetious: I am genuinely curious to see if there are examples or not, and if so, how this "abuse" manifested itself

post-1846-14568496099192_thumb.jpg

Now the SNP's Mhairi Black MSP wore a 'Free Palestine' t-shirt in Holyrood (can't find the pic). No problem there....do it at the football though and this is the reaction from Police. The SNP can show support for Palestine and it's no problem....do it at the football though...

Kenny McAskill wants to honour one of the leaders of the Irish Easter 1916 uprising...Edinburgh man, James Connolly. Sing his praises inside a football ground though and you can end up with a conviction.

These are just a couple of basic stories examples. There are loads more. I'm sure if you contact FAC they will provide you with even more which will have you shaking your head.

post-1846-14568498819756_thumb.jpgpost-1846-14568498937465_thumb.jpg

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