Sam Wallace: The Chris Kirkland attack was horrific – but let's keep some perspective

Talking Football: There were 3,089 arrests out of an attendance of 37m. That's 0.01 per cent

When he reflects on his attack on Chris Kirkland at Hillsborough on Friday, the Leeds United fan in question might wonder why he picked the night the Sky Sports HD cameras were in town – capable of reading the "LUFC" tattoo on his neck, never mind capturing his grinning face.

Violent, cowardly and thuggish? Undoubtedly, but not exactly the Professor Moriarty of football-related crime, is he? And as for his fellow pitch invaders, one of them – you will have to refer back to the video clip for this one – appears to be, for reasons best known to himself, fighting with the goal net.

Kirkland, thankfully, was not seriously injured. As for his alleged assailant, widely named in newspapers and on social media there is a good chance he will be given a custodial sentence. His banning order from football grounds will be so long there is even a chance Leeds might be back in the Premier League by the time he is permitted legally to watch them in person.

Whoever is found guilty of assault, encroachment on the pitch, encouraging others to follow him – and the distinct possibility that he may have breached an existing banning order – it will be a long rap sheet. Gloucestershire police made an arrest yesterday.

It was appalling to watch and the culprit deserves to be punished. But what about the wisdom of the wider clamour for a crackdown and for the police and the courts to get tough with football fans?

The problem with an incident as regrettable as the one at Hillsborough is that it often provokes a sharp lurch to the right, when it comes to attitudes towards football's so-called "problem" and demands more of police and courts. Yet the legislation introduced around a decade ago to deter football disorder is already draconian and civil liberties groups have asked serious questions about the measures' ethical basis.

The football banning order (FBO) remains the cornerstone of football policing and the Football (Disorder) Act of 2000 means that a fan does not necessarily need to have a criminal conviction in order to be served one. The police can apply to a court for an FBO on the basis that they have evidence that the individual is considered likely to cause disorder around a match.

There are around 3,000 FBOs currently in place, of which 500 are "on complaint", or for those who have not been convicted of an offence. FBOs typically include a ban from an exclusion zone around an individual's home ground, a ban from all grounds in the country and the requirement to surrender one's passport while England are playing abroad. FBOs last a minimum of three years.

The concern among fans' groups, including the Football Supporters' Federation (FSF), is that police are applying for banning orders on relatively low-level public order offences. While discretion is used by the police, that might include swearing at a ground. Or gesturing at opposing fans. Entering a ground drunk can trigger an arrest, and potentially an FBO. And before the clubs grab the moral high ground, it should be pointed out that they all serve alcohol.

In general, there is little sympathy for football supporters or a desire to hear about what they regard as maltreatment. One only needs to witness the struggle of the families of victims of the 1989 Hillsborough disaster for justice to recognise that and Friday's incident at the same ground will not help.

Four years ago, more than 80 Stoke City fans were rounded up by Greater Manchester Police (GMP) under Section 27 of the Violent Crime Reduction Act– designed to break up drunken groups – and transported back home without watching their team play at Old Trafford. They were held for four hours, placed on coaches with no toilets and told by police that they had to urinate in paper cups. They sued GMP with the help of FSF.

The most recent Home Office statistics for football-related disorder, for the 2010-2011 season, reported a total of 3,089 arrests out of an estimated total attendance of 37m. That is, as the Home Office itself points out, less than 0.01 per cent of all supporters or one arrest for every 12,249 tickets sold. It was 9 per cent down on the 2009-2010 season.

Yet even now, the authorities continue to video innocent supporters watching games, a practice that understandably upsets many supporters. Police are likely to take your name if you are ejected for persistent standing or having a ticket in the wrong section of a ground, even though these are not criminal offences.

There has also been the introduction of "bubble matches", the term used to describe the style of policing for games identified as being at high-risk of disorder. Away supporters are given no alternative but to collect their tickets at a designated location and be bussed in and out en masse under police supervision, as will be the case for the Burnley v Blackburn Rovers, the east Lancashire derby, next month.

It should be noted that some supporters prefer the peace of mind that "bubble match" policing – implemented, for example, for the South Coast derby last year – gives them. Others regard it as another liberty removed from the well-behaved, blameless football supporter.

Policing itself can make a huge difference. Last month, Manchester City supporters following their team in Madrid for the Champions League game at the Bernabeu reported unprovoked baton charges from Spanish police. Michael Slater, the Charlton Athletic chairman and a City fan, was knocked unconscious in the attack.

The leading academic research on football disorder has found conclusively that the style of policing is fundamental to the behaviour of large groups of fans. Dr Geoff Pearson's analysis of Portugal's two separate forces policing Euro 2004 in very different ways – and getting very different results – demonstrates the benefit of a low-key approach that does not legitimise a violent reaction in the minds of the crowd.

Unfortunately, the benefits of that research, as well as the questions that have been raised about the use of some of the legislation against supporters, are ignored when something as shocking as Friday night's incident occurs. It would be wrong to say that fans have not attacked players before – sadly, they have – but the statistics tell us that it is very rare.

What is not in doubt is that the punishment for Kirkland's assailant will be more severe for him having committed the offence on a football pitch than had he done so on the street. Dave Jones, the Sheffield Wednesday manager, called on fans to "police" themselves but, given how quickly Kirkland's attacker's identity was circulated, that appears to be exactly what happened.

For the vast majority of Leeds fans, and the wider football supporter fraternity, appalled by the actions of one of their number, attending games is something they do lawfully. Keeping the balance between maintaining the peace and people's rights is not easy, and there really is no call for the lines to be blurred any further.

It would help if Rio made his stance clear

Leaving aside the conflicting positions of Rio Ferdinand and Sir Alex Ferguson on the Kick It Out T-shirt, a simple question: what exactly are Ferdinand's views on the John Terry saga?

So far we have had a series of tweets loaded with double meaning and a refusal to wear a T-shirt. Understandably, Ferdinand appears to be upset about certain things but it would help if he was specific. The treatment of his brother Anton? The verdict of Westminster magistrates' court? The regulatory commission's four-game ban for Terry? The Kick It Out campaign? His own fine for the "choc ice" tweet? All the above and more?

In the year that has passed there has been a criminal case, lasting one week, and a detailed 63-page commission report into the incident, even before you get into all the extraneous factors. Now the process is at an end it would be useful if Rio would say, with clarity, what he feels was wrong. The second-guessing does not help anyone.

Independent Comment
blog comments powered by Disqus
Caption competition
Caption competition
News in pictures
World news in pictures
Sport blogs

iBet: Back Spain to shut out Tahiti

The spread betting firms are very slow about pricing up this game and you can understand why. All th...

by Gareth Purnell

iBet: Look To The Lady In The Prince Of Wales

The Prince of Wales Stakes today is regarded by many as the No1 race of the Royal Ascot meeting and ...

by Gareth Purnell

iBet: Favourites have a good record in the Coventry stakes

Today’s St James Palace looks a cracker and there has been sustained money for Dawn Approach since t...

by Gareth Purnell

       
 

Day In a Page

Babies behind bars: A Palestinian fertility doctor has become an unlikely hero by helping women conceive – even though their husbands are in jail

Babies behind bars

A Palestinian fertility doctor has become an unlikely hero by helping women conceive – even though their husbands are in jail
Sonic youth: The high-pitched sound alarm for under 25s

Sonic youth: The high-pitched sound alarm

Is Mosquito, the alarm only under-25s can hear, a blessing or a bane?
The art of living in small spaces: Architects are learning how to make less, more

The art of living in small spaces

Space in cities at a premium so architects are learning how to make less, more...
Special report: The story of Sir Mervyn King's reign at the Bank

The story of Sir Mervyn King's reign at the Bank

After four 'nice' years as Governor of Bank of England, things turned decisively nasty
Zombie nation: Our enduring fascination with a world full of death and destruction

Zombie nation: Our fascination with death and destruction

A new season of shows on Radio 4 is inspired by dark tales of future dystopias. Meanwhile, zombies are marauding in the multiplexes...
Martin Stephen: 'Ofsted says comprehensives are failing the most able but teaching bright children isn't rocket science'

'Teaching bright children isn't rocket science'

It doesn't take a selective system to nurture the best minds, says a former head of St Paul's boys' school.
The retail empires strike back: Can new technology lure us back to the high street?

Can technology lure us back to the high street?

The high street has been bruised and battered by online firms but in-store technology is helping to enliven the retail experience...
The 10 Best new smartphones

The 10 Best new smartphones

Photos, films, music, apps and browsing - the latest mobiles can do it all
Jenson Button: Downbeat driver cannot wait to put season behind him

Jenson Button: Downbeat driver cannot wait to put season behind him

McLaren man admits 'failed gamble' with car has left him pinning hopes on 2014 campaign
James Lawton: Firmer fist will be required to win Champions Trophy final battle with stouter foe

James Lawton

Firmer fist will be required to win Champions Trophy final battle with stouter foe
'To farm I have to rape the countryside. It’s got to be wrong': The true effect of the badger cull

The true effect of the badger cull

'To farm I have to rape the countryside. It’s got to be wrong'
Theatre review: Daniel Radcliffe gives an admirably honest performance in Michael Grandage's The Cripple of Inishmaan

First night: The Cripple of Inishmaan

Daniel Radcliffe gives an admirably honest performance in Michael Grandage's comedy
Girls Guides drop religious reference but pledge to self and the Queen

Guides drop religious reference but pledge to self and the Queen

After 103 years, organisation changes oath to welcome 'all girls, of all faiths, and none'
Steve Tongue: Joe Kinnear was one of the boys and a breath of fresh air... 21 years ago

Steve Tongue

Joe Kinnear was one of the boys and a breath of fresh air... 21 years ago
Chris Froome: Free from 'pain in neck' after Bradley Wiggins' exit

Chris Froome: Free from 'pain in neck' after Wiggins' exit

Sky's lead rider says he is in fantastic form for the Tour and happy pecking order debate is over