Low conviction rate prompts calls for OBA review

A football fans’ organisation has responded to Friday’s publication of an independent evaluation of the Offensive Behaviour at Football and Threatening Communications (Scotland) Act which found that only 21 per cent of cases brought under the section 1 of the act secured a conviction.

Fans Against Criminalisation (FAC), which has led calls for the law’s repeal, called on the Scottish Government to “listen to those whose lives have been drastically affected by a piece of legislation which is a stain on the justice system of Scotland”.

In a statement published after an emergency meeting on Sunday, the organisation challenged former First Minister Alex Salmond’s stated aim to “build consensus” for the law.

FAC wrote: “The only support that the government has managed to attract for the Act is that of the Police Service of Scotland and the only consensus that is being built is that of the opposition to this dreadful, unworkable and pernicious legislation.”

It also claimed that the release of the new report did not constitute the independent review which the Scottish Government still has a statutory obligation to conduct.

On Friday, the Scottish Government released a report by researchers at University of Stirling examining the impact of the legislation, which was the first law to be passed in the Scottish Parliament without cross-party support.

Community safety minister Paul Wheelhouse said at the time: “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.”

However, FAC have drawn attention to figures showing low conviction rates for one of the new offences, with only 143 convictions from the 664 charges made in relation to section 1 of the Act since 2012.

The organisation also said it had submitted a Freedom of Information (FOI) request to access the data collected in the preparation of the report.

Labour MSP Michael McMahon and the Scottish Socialist Party’s Liam McLaughlan addressed a public meeting hosted by FAC in Glasgow last week.

Responding to the report, Liam McLaughlan said: “This report proves what football fans, community campaigners and even members of the judiciary know all too well - this Act has been a disaster since implementation. The low levels of convictions only tell half the story.

“The traumatic effects of being charged and dragged through the courts as a result of this Act, in particular for young, working class football fans is dreadful, something the SNP would know if they either sent a representative along to any FAC meetings or were willing to debate and review this issue in the proper, transparent way in parliament that was promised back in 2012.”