The Magistrates' Association is discussing whether to demand greater discretion over how they deal with football hooligans.

Members are considering whether to press the government for anti-hooligan legislation to be changed, so that they will no longer be compelled to ban trouble-makers from travelling abroad.

But the Lord Chancellor, Lord Irvine of Lairg, has said magistrates must continue to take tough action.

He underlined the key role magistrates play in tackling the problem, in a speech to the association's annual general meeting in London on Saturday.

Congratulations

Lord Irvine said: "The qualifying round for the 2004 European Championships is now under way and, with the shorter distances involved, matches in Europe will always pose a greater threat."

The increase in banning orders played a crucial role in ensuring a trouble-free football World Cup

Lord Irvine

He highlighted the government's commitment to the Football (Disorder) Act and added "where the legislative criteria are satisfied, there is no discretion; the court must make a banning order".

The number of banning orders in force has risen from 687 in August 2001, to 1,149 in August this year.

The Lord Chancellor added: "Let me congratulate you on making greater use of this important power.

"The increase in banning orders played a crucial role in ensuring a trouble-free football World Cup in Japan and South Korea this summer."

'Restraint'

In a wide-ranging speech Lord Irvine also stressed that magistrates should not regard tougher sentencing powers as a "spur" to send more people to jail.

Home Secretary David Blunkett's White Paper Justice For All proposes doubling magistrates' sentencing power to 12 months.

"Your greater sentencing powers are to be exercised with restraint," Lord Irvine told the association's meeting in London.

"The proposed new sentencing framework aims to encourage you to make full use of community sentences and to reserve custodial sentences for serious, dangerous and persistent offenders.

"These increased powers should also give you the confidence not to send cases to the Crown Court for trial unnecessarily."