Football Referees

Jeremy Wright Excerpts

Tuesday 4th June 2013 Commons Chamber

[The Parliamentary Under-Secretary of State for Justice (Jeremy Wright)]

Before I begin, I would like to congratulate my hon. Friend the Member for Daventry (Chris Heaton-Harris) on securing the debate and on raising the important issue of how we deal with violence in sporting events. As he says, it is an issue that we need to take seriously, and we will. Such violence can be damaging not just for the individuals directly concerned but for all those who enjoy sport. They should be able to continue to do so in safety and in an atmosphere where the rules of justice and fair play are accepted and upheld. The respect that we show for the rules of a game such as football very much reflects our respect for others, for society and for the rule of law.

As my hon. Friend has made clear, football is one sport that has seen particular examples of violence on and off the pitch. Such violence sets a damaging example to young and possibly impressionable fans. We know of cases in which fans have been tempted to emulate the behaviour they see on the pitch. We must therefore make absolutely sure that we have the means available to prevent such violence where possible, and to punish it effectively if it does occur.

Looking at the cases that my hon. Friend has detailed, I can entirely share his concerns. I understand the frustrations felt by all the victims who do not feel that justice has been done. It seems that we have three fronts on which we should be tackling this issue. First, each sport’s governing body—in the case of football, the individual clubs—needs to deal with the incident to ensure that future events are not disrupted. They can and should discipline players and fans when enthusiasm spills over into violence and aggression. It is not clear from the cases that we have heard about whether clubs or the Football Association have always used the full extent of their powers, but my hon. Friend will appreciate that that would be a matter for my right hon. Friend the Secretary of State for Culture, Media and Sport.

Secondly, the criminal justice system has a role to play. My hon. Friend has rightly asked me and my Department to concentrate on the issue of effective sentencing, particularly for violence against referees. From that perspective, we would not want to see offences, sentences or procedures that applied only to football referees. The law must be seen to apply equally and consistently to everyone, and we would therefore need at least to deal with violence at all sporting events. We already have adequate offences, sentences and procedures in place that apply across the board, and ample guidance to help to ensure that they are applied consistently. With that in mind, let me first explain the offences available.

There is a range of offences that the police and the Crown Prosecution Service can use in the case of a violent incident of any kind, including when the violence occurs in a sporting context. These range from common assault through to actual bodily harm and to grievous bodily harm, and ultimately to manslaughter and murder. The penalties available range from a maximum of six months’ imprisonment for common assault to a maximum of life for wounding with intent to cause grievous bodily harm. The police and the CPS have a full spectrum of offences that can be charged, and severe maximum penalties are available for those convicted.

Within those sentencing powers, it is for the courts to decide what the penalty should be in individual cases. The courts have the full facts of the case before them, and they can make an informed judgment about the overall seriousness of the incident. Sentencers are trained and experienced in arriving at appropriate penalties, and it would be wrong for any of us, particularly Ministers, to try to substitute our judgment for that of the court. I will not therefore comment on the individual cases that my hon. Friend has raised; instead, I will concentrate on how the courts arrive at their decisions.

The courts have guidance in the form of guidelines issued by the independent Sentencing Council. Courts are obliged to follow the guidelines or to explain why, exceptionally, they are departing from them. The guidelines are therefore rather stronger than the term “guidelines” might suggest. There are guidelines covering the general seriousness of an offence, and specific guidelines on offences of assault, and they can be found on the Sentencing Council’s website. As with offences, I do not think that it would be helpful to have specific guidelines that applied only to football referees, or even to sport in general. They must apply across the board.

The guidelines help to determine the seriousness of the offence by reference to the harm that the offence has caused, and to the culpability of the offender. Those factors can mitigate or aggravate the potential sentence. For example, in the case of assault, factors given in the guidelines as increasing the seriousness include the location and timing of the offence, and the community impact. General guidelines on the seriousness of any offence also include aggravating factors such as whether the victim is serving the public. That might arguably include functions such as refereeing a football match, as my hon. Friend does on a regular basis.

People often ask, not just in this context, why the maximum possible penalties for offences are not imposed more often. Sentences must be proportionate to the offending behaviour, and the guidelines help to ensure that the courts sentence in a proportionate and consistent way. The maximum penalty is set to deal with the worst possible case for each offence. The maximum is, therefore, rightly rarely used. Violence and threats towards match officials may be regarded as an aggravating factor, but should not be looked at in isolation as meriting the most serious possible penalty. It needs to be seen alongside all the other aggravating and mitigating factors in a case.

The third strand that emerges from the cases we have heard about this evening is how the police react in cases of violence against officials. That, I have to say, is partly a matter for my right hon. Friend the Home Secretary, but it is largely, as my hon. Friend will understand, an operational matter for the police. I understand entirely what he says about the need to send the clearest possible message to the police about taking these matters seriously. We need to work with officers to ensure that they have guidance and training about cases involving match officials, so that those cases are treated in a way that properly reflects the harm such cases can cause.

I am afraid to say to my hon. Friend that there is no magic solution to the problem that he has rightly highlighted. I think he recognises that. I accept that we need to work together to raise awareness and to ensure that the system we have works better. We need to ensure that we signal that violence against match officials is wholly unacceptable and will not be tolerated.

Question put and agreed to.