Written by: Emma Madden-Torpey, PNLD Legal Adviser
Not reviewed after the date of publication - 25 May 2025
In this article, PNLD’s Legal Adviser, Emma Madden-Torpey, highlights relevant football offences in light of the 2026 FIFA World Cup, which runs from 11 June 2026 to 19 July 2026. Although the games are not being held within the UK, officers may see a rise in certain offences being committed during the tournament.
Matchday misconduct has been a known issue throughout the UK for many years with football fans being branded as ‘football hooligans’. Statutory provisions have been passed, and policing operations continue to keep public order and members of the public safe on matchdays, and, at specified times during the periods before and after. International tournaments see fans show up in droves to support their country, with many attending matches in person and many others marking the occasion by, for example, throwing parties in their homes or attending a public house to watch the games. This melting pot of heightened emotions and national pride, often mixed with alcohol and/or drug use gives rise to an increase in potential offences that may take place throughout the period.
Powers during control period for 2026 FIFA World Cup
The Football Spectators (2026 FIFA World Cup Control Period) Order 2026 is in force from 21 February 2026. This prescribes the control order period in relation to football banning orders under the Football Spectators Act 1989 for the 2026 FIFA World Cup sporting event as between 1 June 2026 and 19 July 2026 (the date on which the last match is finished or cancelled).
During the control period, the powers under section 21A (power of detention for deciding whether to issue a notice of referral to court) and 21B (power to issue notice to appear at a magistrates court and apply conditions around travel and passport surrender) of the Act are exercisable.
Individuals subject to a banning order may be required to surrender their passports under section 19. Bail conditions requiring passport surrender may also be imposed under sections 14A (banning orders made on conviction of an offence) and 14B (banning orders made on complaint).
Football Banning Orders (FBO)
Section 14A of the Football Spectators Act 1989 sets out the arrangements under which a court may impose a banning order on an individual convicted of a football related offence (relevant offences). A relevant offence is one that is specified within Schedule 1 to the Act. An offence under section 14J(1), 19(6), 20(10) or 21C(2) of the Football Spectators Act 1989 qualifies for a banning order to be sought.
Section 14B of the Football Spectators Act 1989 specifies the procedure in connection with the application for a banning order before a magistrates' court. The relevant chief officer of a police force, the chief constable of the British Transport Police, or the DPP may apply to a magistrates' court for a banning order where the respondent has, at any time, caused or contributed to any violence or disorder in the United Kingdom or elsewhere. The court must make a banning order if satisfied that there are reasonable grounds to believe that making a banning order would help to prevent violence or disorder at, or in connection with, any regulated football matches.
Section 14F sets out the maximum and minimum periods of an FBO. Where the order is made under section 14A in addition to a sentence of imprisonment taking immediate effect, the maximum is ten years and the minimum is six years (subsection (3)) and in any other case, where the order is made under section 14A, the maximum is five years and the minimum is three years (subsection (4)). Where the order is made under section 14B, the maximum is five years, and the minimum is three years. Anyone subject to a current banning order will likely be banned from travelling to the World Cup as reporting to a specific police station and passport surrender are mandatory conditions (section 14E of the Football Spectators Act 1989). Banning orders may also be made to prevent a person from attending a pub whilst the games are on, as section 14G of the Act allows for the court to impose additional requirements that they see fit in relation to regulated football matches.
In the case of R v Doyle and others (2012), the court of appeal gave guidance on the application of the law when making an FBO. It was established that there were two main conditions for making an FBO. Firstly, there has, to be a conviction for a relevant offence. Secondly, the judge must be satisfied that there are reasonable grounds to believe that the making of a banning order would help to prevent violence or disorder at, or in connection with, any regulated football matches. It was identified in the case of DPP v Beaumont and Dowling (2008) that the phrase, ‘related to football matches’ was not defined in the Act and so its ordinary meaning must be applied in a reasonable manner. FBOs can only be issued when the incident is related to football, see the case of R v Mabee (2007) where the FBO was quashed because the offences were sparked by a racist slur, rather than anything to do with the football match. This will be fact specific to each case and must be determined on a case-by-case basis.
The United Kingdom Football Policing Unit (UKFPU) manages all FBOs and maintains a central register. The authority should be kept up to date with any action taken in relation to FBOs in order to ensure the register is up to date and all orders are properly enforced.
For further information see the Crown Prosecution Service guidance on football offences and football banning orders: Football Related Offences and Football Banning Orders | The Crown Prosecution Service.
Online abuse and hate crime offences
During the Euro 2020 final on 11th July 2021, the England team lost the tournament on penalties. Following the loss, the UK Football Policing Unit (UKFPU) launched a hate crime investigation following the online racist comments directed at some of England's black players who had failed to score their penalties.
The investigation saw arrests being made across the UK on suspicion of a number of offences, including sending malicious communications under section 1 of the Malicious Communications Act 1988, breaching section 127 of the Communications Act 2003 and an offence of displaying threatening, abusive or insulting written material that is likely to stir up racial hatred under section 18 of the Public Order Act 1986.
As the games are not being played within the UK, officers may see an increase in reports of online offences being committed as people head to the internet to connect with other supporters during the matches. There is no space for racism within the UK, especially surrounding football tournaments, and reports of online offences must be taken seriously and thoroughly investigated.
Public Order
As mentioned, during the upcoming control period it is likely that many fans will head out to the public house to watch the games or host parties at home. Generally speaking, this comes hand in hand with alcohol consumption and therefore, there is potential for an escalation of violent or public disorders due to alcohol lowering inhibitions and emotions may be heightened.
Section 91 of the Criminal Justice Act 1967 makes it an offence to behave in a disorderly manner in a public place whilst being drunk. For this offence to be satisfied it must be established that a person is drunk and committing disorderly behaviour whilst in a public place. Disorderly behaviour is defined by the Oxford Dictionary as 'unruly, unrestrained, turbulent, riotous or offensive behaviour'.
Relevant offences that officers may see a rise in include those under the Public Order Act 1986, including violent disorder under section 2 and affray under section 3. For an offence under section 2 to be satisfied, 3 or more people who use/threaten unlawful violence and their conduct (taken together) would cause a person of reasonable firmness present at the scene to fear for their personal safety. An offence under section 3 provides that a person is guilty of an offence of affray if he used/threatened unlawful violence towards another and their conduct was such as would cause a person of reasonable firmness to fear for personal safety. Where 2 or more persons use or threaten the unlawful violence, it is the conduct of them taken together that must be considered.
Intoxication is not a defence to an offence under section 2 or 3, as per section 6 of the Act. A person whose awareness is impaired by intoxication shall be taken to be aware of that of which he would be aware if not intoxicated, unless he shows either that his intoxication was not self-induced or that it was caused solely by the taking or administration of a substance in the course of medical treatment.
Further offences under the Public Order Act 1986 that may be relevant fall under sections 4, 4A and 5 which relate to threatening behaviour and harassment of another, rather than physical violence. If an offence is racially or religiously aggravated, you should consider the more serious version of the offence under section 31 of the Crime and Disorder Act 1998.
The Crown Prosecution Service guidance advises that where a violent disorder or affray has taken place, officers may also wish to look at pursuing offences against a persons under section 20, 18 and 47 in addition to the public order offences should they also be relevant. Where the evidence supports charges under sections 4, 4A or 5 of the Act but there is sufficient evidence to charge an assault under sections 18, 20 or 47 of the OAPA then it will usually be the better course to charge the assault alone.
Of note, section 18 is an offence of specific intent and self-induced intoxication from alcohol or drugs or both, may be a defence to an offence requiring specific intent where it can be proved that the defendant was incapable of forming the necessary intent due to intoxication.
Changes to licensing
The Licensing Act 2003 (FIFA World Cup Licensing Hours) Order 2026 makes changes to licensing hours which extends the hours in which a licensed premises and club premises can open. This creates a ‘celebration period’ should any home club (England and Scotland) play in a specified match, known as the round of 32 and the round of 16, and quarter final, semi-final and final matches. The specified time period of extension to licensing hours is dependent on the time the match is scheduled and the specified date, article 2 of the Order provides for the specified time.
Domestic Abuse
The National Centre for Domestic Violence launched their campaign ‘The Not-So-Beautiful Game’ in 2018 following research showing the increase in domestic violence and correlation with football games. Research has shown that cases of reported domestic abuse increased by 38% when England lost a match or by 26% when they won or drew. It is estimated that less than 24% of domestic abuse crimes are reported to police overall. Women’s Aid launched campaigns ‘No More Years of Hurt’ and ‘He’s Coming Home’ prior to previous large tournaments to shine a light on the darker side of major football championships which could lead to an increase in domestic abuse.
Madeline Sherratt & Sonia Twigg from the Independent commented on the increase of domestic abuse during football championships:
“Domestic abuse doesn’t happen because the football is on. While these tournaments can aggravate pre-existing behaviours, abuse happens all year round – it is a choice a perpetrator makes, stemming from power and control, from gender inequality, which misogyny and patriarchy help perpetuate.”
Domestic abuse occurs all year round, and football should never be used as an excuse for abuse. Football does not create abusers, and abuse is intentional and patterned behaviour, football, including international tournaments, may increase the frequency and severity of abuse and reduce the victim’s ability to leave or seek help. So, although football does not cause domestic violence, the tournament may aggravate pre-existing behaviours.
Section 24 of the Crime and Security Act 2010 creates a power for a senior police officer to issue a Domestic Violence Protection Notice (DVPN) to secure the immediate protection of a victim of domestic violence. The issue of a DVPN triggers an application for a Domestic Violence Protection Order (DVPO) in accordance with section 27 of the Crime and Security Act 2010. Breach of a DVPN is an offence under section 26 of the Crime and Security Act 2010.
The Domestic Abuse Act 2021 provides for Domestic Abuse Protection Notices (DAPN) under section 22 and Domestic Abuse Protection Orders (DAPO) under section 28 of the Act. DAPNs prohibit a person from being abusive towards a person aged 16 years or above to whom they are personally connected. DAPOs prevent a person from being abusive towards a person aged 16 years and above to whom they are personally connected and prohibits them from doing, or requires them to do, things described within the order. Note: both orders and notices are only available to pilot Forces and, at the time of writing, the pilot is due to end on 24 November 2026. While a DAPN and DAPO can only be made in pilot areas they are in effect throughout England and Wales, not just the pilot Force area.
It may be beneficial to seek a notice or order should they be required to protect a victim from domestic violence during this upcoming control period for the World Cup 2026.
Officers should be aware of the potential rise in domestic abuse incidents during the upcoming control period and take consideration of local force policies, alongside local charities, to signpost and provide support to victims should it be required. All domestic violence should be investigated as a priority. The national violence against women and girls (VAWG) strategy underpins that offences should be tackled and be a priority in the prosecution of offences. It is recognised that police must support victims in coming forward and actively take steps to make sure victims are heard. The strategy supports the fact that these offences should be treated with the upmost importance and dealt with urgently in order to meet targets of reducing these offences by half over the coming decade.
Final Word
Football is a popular sport and diligent policing remains essential. This is supported by the continued legislative developments in this area, such as the relatively new offence in England and Wales of entering / attempting to enter a premises for the purpose of attending a football match without a valid ticket under section 1A of the Football (Offences) Act 1991, which criminalises conduct such as tailgating.
We wish to be clear on the fact that football does not create these behaviours, and the majority of the general public will never commit an offence whilst enjoying a football tournament. This article is written with the purpose of raising awareness of the potential escalation in already present behaviours of a small subsection of the public and offences that officers may see a rise in during the coming months of the World Cup 2026 control period.
See our Legal Q&A on the topic of football chants and racism.
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