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Wednesday, 20 March, 2002, 13:02 GMT
Football match ban 'is legal'
The ban was introduced after Euro 2000
The rules on overseas travel changed after Euro 2000
Courts do have the power to ban suspected football hooligans from travelling abroad at the time of major matches, the Court of Appeal has ruled.

Two Derby County supporters had appealed against a magistrates' court ruling that banned them from Derby and England games abroad.

Gary Smith, 38, and Carl Gough, 36, were given two-year bans by Derby Magistrates Court in October 2000 - the bans were confirmed by the High Court in July 2001.

They pair challenged the ruling under the Human Rights Act, saying the ban infringed their basic rights.

Police application

But their appeal was dismissed by three judges sitting at the Court of Appeal in London on Wednesday.

Legislation to prevent the travel of those suspected of going overseas to cause trouble was introduced after the Euro 2000 football championships.

Mr Gough, of Thoresby Road, Sawley, and Mr Smith, of Browning Street, Sunnyhill were banned from travelling after an application from Derbyshire Police.

The bans were made under the Football (Disorder) Act, which was brought in after fighting between English and German fans at Charleroi, Belgium, at Euro 2000.

Lawyers for the two fans had argued that banning orders made under the Act were an unlawful breach of their basic right under European law to travel freely between member states.

'Scheme justified'

Lord Phillips, giving the judgment of the Appeal Court, said the banning order was compatible with EC law and the European Convention on Human Rights.

He said the court had heard evidence that those involved in disorder at domestic matches were just as likely or more likely to cause violence or trouble abroad.

Lord Phillips said: "Thus there is justification for a scheme that is designed to ensure that those subject to banning orders are prevented from attending overseas matches."

The court heard that Mr Gough's last football related conviction had been 18 years previously.

He has never been to a football match outside the UK.

Mr Smith had had no convictions of any kind since November 1990 and said his last football-related incident had been 15 years earlier.

'Rights violated'

The pair challenged the accuracy of the police profiles of them and denied involvement in football violence.

But Lord Phillips said the magistrates court had rejected their accounts as not credible.

Mr Rhodri Thompson, representing the pair, accepted that preventing football hooliganism was a legitimate public policy objective.

But hesaid the ban on either man travelling abroad amounted to a "disproproportionate" violation of their human rights.

Permission to take the case to the House of Lords was refused.


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