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Title: The transfer of English legislation to the Scottish context: Lessons from the implementation of the Football Banning Order in Scotland
Authors: Hamilton-Smith, Niall
Hopkins, Matt
First Published: 13-Jun-2012
Publisher: Sage
Citation: Criminology and Criminal Justice, 2012, (Online first)
Abstract: This article compares the enactment of Football Banning Order legislation in Scotland to that in England and Wales. Football Banning Orders evolved in England and Wales through the 1990s into a particular form of hybrid legislation, culminating in the Football (Disorder) Act of 2000. The legislation was not introduced into Scotland until the Police, Public Order and Criminal Justice (Scotland) Bill in 2006. By 2010, it appeared that orders were being under-utilized in Scotland. This raised questions as to whether there was less need for orders within the context of Scottish football, whether the legislation was either being poorly implemented or if imposing orders was being actively resisted. In focusing primarily on the utilization of the legislation by police on the ground, this article questions whether the football or policing contexts are markedly different in the two jurisdictions. We argue that one of the dominant explanations for the comparatively low use of orders in Scotland relates not to the content or interpretation of the particular legislation involved, but to broader differences in how criminal justice legislation is typically enacted.
DOI Link: 10.1177/1748895812447083
ISSN: 1748-8958
eISSN: 1748-8966
Version: Post-print
Status: Peer-reviewed
Type: Journal Article
Rights: © 2012, SAGE Publications. Deposited with reference to the publisher’s archiving policy available on the SHERPA/RoMEO website.
Appears in Collections:Published Articles, Dept. of Criminology

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