- Gill Nuttall – PR & Marketing Manager
Much has been written this week about our beautiful game, and I don’t propose to make comment on Suarez and Terry.
Today I am concentrating on Esteban Alvarado, Alkmaar’s goalkeeper who was sent off for kicking pitch invader.
Having watched the coverage of this incident I find it incredible that the “fan” was allowed to get anywhere near the pitch. The steward (ONE steward!) appears to have made a half hearted attempt to stop him from running onto the pitch, but clearly needs to get himself to the gym a bit more often.
So there is lesson number one, a few more stewards and make sure they are up to the job. I guess lesson number two is the question of alcohol at football grounds. As a football fan myself, I have never fully understood the concept of going to a football game, getting hopelessly drunk, spending 80 of the 90 minutes travelling back and forth to the toilets and being unable to remember the result of the game.
So, given that the ‘fan’ appeared to have been under the influence, maybe that is something that the higher echelons of football could consider, along with everything else they have to deal with? I.E. If a fan comes to the bar for yet another drink, having already had 20 pints previously, maybe they should be refused that last drink. I turn now to the issue of the attack itself. Right now, I can’t imagine what my reaction would be if I were to be on a football pitch and suddenly I was attacked by a drunken hooligan. I am pretty sure however, that in that very moment, it would be of a similar reaction to that of Alvarado’s – I would probably have done exactly the same thing.
As far as the sending off is concerned this was violent conduct on the field of play therefore according to the rules of the game a red card is warranted but I don’t think it was envisaged to be in these circumstances.
I suppose the question has to be does the reasonable person perceive this to be reasonable force used by the goalkeeper in fear of an attack and was his reaction proportionate to what he thought would happen to him from being attacked by the pitch invader.
- Stuart Page – Associate
Any measures to decrease the level of dangerous offending are to be welcomed.
In relation to adult offenders the sentencing measures are quite clear and have been endorsed by the Sentencing Guidelines Council that where a knife is used by an adult offender in circumstances where there is a threat or causation of fear then a sentence in excess of 6 months imprisonment is the starting point.
However, one must think if a young person is being bullied and picked on and even assaulted then will the fear that he has on a daily basis be more than the fear of the possibility of going to custody for two to four months.
Do criminals suddenly stop committing offences when they go to Spain?
Given that the Spanish authorities know who they are, should not the Spanish police be keeping a close watch on their activities in Spain?
So far as alleged offences here are concerned we can extradite offenders from a fellow EU country and if the Spanish police were keeping tabs on the individuals we would know where they are.Aren’t the true reasons for the problems based in lack of funds, apathy and the Spanish scoring points over Gibraltar?
If there is no will there will not be a way.
Stuart Page - Associate & Serious Crime Solicitor
In relation to the proposed sentencing guideline for drugs offences, at the moment is a consultation exercise and unfortunately it would be very difficult to put the professional consultation document which runs to some 83 pages into a few paragraphs of column inches.
The point is that there are many ways in which the arguments can be put forward unfortunately the top level of quantity of drugs has been illustrated together with the lowest sentence in the range in most of the reports.
The sentencing range suggested for simple possession of a Class A drug is between a fine and 3 years in prison, therefore if someone was at the top end of the limits of drugs in their possession then the imprisonment route would be more likely.
Next, if someone was to be “growing their own” cannabis the suggestion is between 9-15 plants then the suggestion is between low level community order and 4 years custody depending on their role in “growing their own”
It will still be for the courts to decide within these ranges where a defendant’s role fits in and then decide the appropriate sentence.
The Telegraph’s coverage can be read here.
Stuart Page (Associate & Serious Crime Solicitor)
It was reported by the Guardian today that a Manchester United fan was told by police she faced legal action unless she removed part of a car sticker which teased Manchester City.
A local councillor passed on to police a complaint they had received from a resident about the wording of the joke and a neighbourhood team officer was sent to the motorist’s home in Stockport.
Mrs Webb-Lee and her City-supporting husband Graham were informed that the sticker was offensive under the terms of Section 5 of the Public Order Act. They were asked to either remove it or some of the letters within the swear word, and they did the latter. The full article can be read here.
A viable prosecution for the display of the sticker could be possible as it displayed the whole of the F word, however it would really depend if it was in the public interest to pursue such an action. Read more »
Eimear McCartan (Trainee Solicitor)
The issue of what is reasonable in the defence of people or property has long been an emotional one, with strong views voiced both in support and opposition of the current law. Now the media spotlight is once again squarely focused upon this subject due to the Myleene Klass incident and the recent release of businessman Munir Hussain by the Court of Appeal. Read more »
Stuart Page (Associate)
It has been well reported that ‘Premier League’ striker Marlon King will be appealing his recent 18 month sentence. However it is also reported that he is maintaining he was wrongly convicted. Read more »
Stuart Page (Associate)
There are various levels of seriousness of assault and they range from assaults where no injury is caused whatsoever for example an incident of spitting, to very serious wounding and serious bodily harm where weapons are used. Read more »
Stuart Page (Associate)
The New Licensing Act 2003 which came into force on the 23/11/05 was the largest reform and review of Licensing in England and Wales for over 200 years, since its introduction the licensed trade has been living with a completely new regime which has been very different to the previous rules and regulations. Read more »
Crime & Fraud | Ralli | 
December 22, 2011 5:09 pm | 
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