Survey finds public support for Offensive Behaviour at Football Act

Public support for the Scottish Government's controversial Offensive Behaviour and Threatening Communications Act 2012 is revealed by an independent evaluation of the Act published today.

Carried out by the University of Stirling and ScotCen Social Research after ministers promised the study after two full football seasons, the evaluation found evidence from a range of sources that offensive behaviour at football matches has decreased since the legislation was introduced, and strong support from police and prosecutors who said the laws had brought a new "simplicity and clarity" to dealing with incidents.

A YouGov poll also published today reveals 83% support among the public for legislation to tackle offensive behaviour at football, and that 80% directly support the 2012 Act.

The researchers took evidence from a wide range of stakeholders including fans, match commanders, police, prosecutors and football club representatives. Between 80% and 90% of fans said they found certain categories of songs and chants offensive.

Figures also published today show that there were fewer prosecutions under the Act in 2014-15 than the previous year.

The report recommends that the effectiveness of the Act might be enhanced if there is a stronger focus on hate crimes generally, not just sectarianism. It also calls for careful consideration of how best to improve
relationships and trust between supporters groups, clubs and the police. "This is critical if recent gains in terms of reductions in criminalised activity are to be consolidated", it states.

Clubs in particular need to be involved in a "clearer demarcation" between violent risk groups of fans and others who are risk of engaging in non-violent, offensive behaviour, for instance through educational initiatives, and a much closer dialogue with supporters groups; and along with police should focus on ensuring "a consistent and proportionate response to the policing of more vocal and enthusiastic fan groups".

Grievances about inconsistent treatment were particularly emphasised by supporters travelling to away games, and the report highlights the higher regard for more experienced officers and stewards, in part because they would act with more consistency. It wants models of good stewarding and local policing to be identified and strengthened, and also seeks "a more nuanced set of responses", including from club-focused sanctions and diversionary measures such as short banning orders, that preclude the need to impose a criminal record in more minor cases or for first-time offenders.

More serious cases should receive faster consideration by relevant agencies, and should reach a conclusion more quickly. 

Minister for Community Safety Paul Wheelhouse welcomed the report and pledged to act on the recommendations. He commented that although the legislation had had its critics, “We have seen a raft of encouraging statistics and evidence published today showing that hate crimes in Scotland are on the decrease, both on the streets of Scotland and in our football grounds, and this is to be welcomed."

He added: “We will not be complacent and will continue to monitor how the Act is working very closely going forward. However, I believe the legislation is working. The evaluations, backed by the latest statistics out today, demonstrate that the Act has had a positive impact and our approach has delivered real improvements in behaviour at football and online."

Additional funding is also to be provided for the offenders' charity Sacro to develop its "Diversion from Prosecution" programme Scotland-wide to make available, where appropriate, an alternative disposal that will allow less serious or first time offenders committing an offence under the Act to avoid being caught up in the criminal justice system.

Click here to view the evaluation report.