Offensive Behaviour Act dropped by Crown ahead of stage 3 vote

Guidance has been issued to prosecutors that they should ignore the Offensive Behaviour at Football etc Act when considering charges, ahead of the expected repeal of the controversial legislation today.

MSPs will debate the Offensive Behaviour at Football and Threatening Communications (Repeal) (Scotland) Bill at stage 3 this afternoon, when opposition parties are likely to combine to end the SNP Government's Act of 2012, which has been criticised as unfairly targeting football supporters and as having proved difficult to apply in practice.

The Lord Advocate, James Wolffe QC, states in his updated guidance that offences should be assessed using alternative common law or other statutory offences.

Ministers continue to defend the Act. Speaking ahead of today's debate, Annabelle Ewing, Minister for Community Safety and Legal Affairs said the repeal was "foolhardy and sends out the wrong signal, particularly following a number of incidents over the course of this season where the shadow of sectarianism has again been cast over our national game".

She continued: "The Act is supported by a number of victims and equality groups, and research published by Youthlink Scotland and ScotCen Social Research into sectarian language used on social media this week has again confirmed the direct link between sectarianism and football in this country.

"Repeal will compromise the ability of police and prosecutors to charge people for unacceptable behaviour and those supporting repeal have failed to recognise how removing legislation designed to protect vulnerable and minority communities will have a negative impact."

Ms Ewing added that "Those claiming that there would be no gap if the Act were to be repealed are simply wrong and no viable alternatives have been offered, despite my repeatedly asking how they would protect vulnerable communities."

However James Kelly, the Labour MSP sponsoring the repeal bill, insisted there would be no gap, and "If anything it will clear up the legal process and end the injustices caused by the illiberal basis of the Football Act."

Under the bill as it stands, where proceedings under the Act are still continuing when the repeal comes into force, the accused can be convicted of a different statutory offence if the facts proved amount to that different offence.