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Prison sentence for Chelsea Supporters in possession of flares

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    Addickted said:

    Addickted said:

    PL54 said:

    Have most of you failed to notice that the serious night club fire in Brazil was caused by a flare.

    I have often found that football stadiums these days aren't indoors, aren't made of wood and don't have flammable fixtures and fittings.

    Nightclubs also don't have massive patches of empty grass in the middle just in case something goes wrong.

    So its ok to set flares off then ?

    They are fire hazards and therefore illegal unless used for emergency situations.

    They are fire hazards in the wrong environment - an open air stadia constructed of steel and concrete would come down low on the list of hazardous risk areas.

    They are not illegal.
    Sorry to disappoint the court of Charlton Life but S.80 Explosives Act would say otherwise. You cannot go around letting off explosives in a public place and not expect there to be consequences I'm afraid, legal or otherwise. We can argue whether the penalty is appropriate or not, that's another matter, but it's not a surprise really that a (very short) custodial sentence has been given as the court will want to send a message that it takes public safety seriously and offer a deterrent.
    Not true.

    Section 80 (of the 1875 Explosive Act) forbids you to throw fireworks in a public place.

    1) A flare is not deemed to be a firework.
    2) Setting off a flare is not throwing it.
    3) If you're over 18 it's not an offence to be in possession of a flare (Regulation 4 of the Fireworks Act 2003)
    4) Flares aren't a category 4 Firework (Regulation 5 of the Fireworks Act 2003)

    Flares do not explode and are therefore not deemed to be part of the 1875 Explosive Act.
    Ha ha, quality Addickted.
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    edited February 2013
    As a point of law, taking a flare into a football stadium IS illegal - it is specifically prohibited by the Sporting Events (Control of Alcohol) Act, 1985. Same applies to smoke bombs. See http://www.legislation.gov.uk/ukpga/1985/57/section/2A.

    Also, to those saying football stadiums aren't made of wood, doesn't Selhurst have wooden seats (for example)?

    Still a stupid thing to do in my opinion.

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    Cool - flares back on the agenda then.

    It's gonna' be smoketastic.

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    Crime of fashion, it's all about the tapered jeans and reebok classics these days
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    A flare is different to a smoke grenade,
    Flare - has sparks that fall out at first
    Smoke grenade- purely smoke and verrrryyyy unlikely to cause injury or death even if used in the wrong way

    And those convictions are a bit extreme, something tells me they have previous convictions/warnings in a linked scenario etcc
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    Jodaius said:

    As a point of law, taking a flare into a football stadium IS illegal - it is specifically prohibited by the Sporting Events (Control of Alcohol) Act, 1985. Same applies to smoke bombs. See http://www.legislation.gov.uk/ukpga/1985/57/section/2A.

    Also, to those saying football stadiums aren't made of wood, doesn't Selhurst have wooden seats (for example)?

    Still a stupid thing to do in my opinion.

    Saying that according to the "legislation" it says "him" "his" , so why don't we just give it to a woman to do :) (I'm Having a joke before u have a go ! )
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    edited February 2013
    Jodaius said:

    As a point of law, taking a flare into a football stadium IS illegal - it is specifically prohibited by the Sporting Events (Control of Alcohol) Act, 1985. Same applies to smoke bombs. See http://www.legislation.gov.uk/ukpga/1985/57/section/2A.

    Also, to those saying football stadiums aren't made of wood, doesn't Selhurst have wooden seats (for example)?

    Still a stupid thing to do in my opinion.

    This is a Commencement Order yet to be applied to the Sporting Events (Control of Alcohol etc.) Act 1985

    It is yet to be ratified as a Law of the Land.
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    This is a Commencement Order yet to be applied to the Sporting Events (Control of Alcohol etc.) Act 1985

    It is yet to be ratified as a Law of the Land.
    I don't think you're right there. As far as I can see (and I could be wrong) the link in Jodaius' post is to the Sporting Events (Control of Alcohol etc.) Act 1985, which has been wholly in force since it received Royal Assent in 1985. The note about Commencement Orders on the legislation.gov.uk website is explaining that changes have been made to the Act that aren't yet shown on the website, but both of the changes mentioned came into force years ago, and neither change actually relates to the relevant section linked to by Jodaius.

    It is a criminal offence to have a flare or smoke grenade in a ground during a match, which is why the Chelsea fans in question were arrested, charged, tried and convicted.

    I'm not saying that the sentences weren't harsh, but they did break the law.

    Again, for anyone that's interested, it's all in this fact sheet: http://www.fsf.org.uk/media/uploaded/Stand Up Sit Down Fact Sheet.pdf

    Apologies if any of what I've written above is a load of bollocks. If it is, I'm sure someone more qualified than me will set me straight!
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    So flares cant injure people then?
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    One of the convicted has previous as a ticket tout.

    Really? Why wasn't he hanged?
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    Flares dont injure people, rappers do
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    edited February 2013
    You nip things in the bud by going in hard. That's what you do to people who think it is ok to bring flares to a football match. It sends a message, and I say well done to the Police. Official Fireworks are controlled. flares in the hands of a drunken idiot can severely injure and there have been cases where they have killed.

    If you want to be outraged by the injustice of it all, I'm sure you can find some greater injustices without too much effort.
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    Cheers CE , how do they get away with it in Italy , or are they a bit more relaxed when it comes to this sort of thing?

    It's illegal and they even play a video before the game warning against it, plus other things such as certain forms of chanting. A few times I've even had a lighter taken off me when going into a ground.

    However, there aren't any stewards where the hardcore fans stand, and the laws over there are lax. It's basically do what you want, first time I went to San Siro we saw someone doing a casual line in the bathroom, went to our 'seats' and the whole place stank of weed.

    Generally when it comes to pyro, individuals aren't singled out but the occasional 20'000 penalty is handed out to a club.



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    Addickted said:

    Addickted said:

    PL54 said:

    Have most of you failed to notice that the serious night club fire in Brazil was caused by a flare.

    I have often found that football stadiums these days aren't indoors, aren't made of wood and don't have flammable fixtures and fittings.

    Nightclubs also don't have massive patches of empty grass in the middle just in case something goes wrong.

    So its ok to set flares off then ?

    They are fire hazards and therefore illegal unless used for emergency situations.

    They are fire hazards in the wrong environment - an open air stadia constructed of steel and concrete would come down low on the list of hazardous risk areas.

    They are not illegal.
    Sorry to disappoint the court of Charlton Life but S.80 Explosives Act would say otherwise. You cannot go around letting off explosives in a public place and not expect there to be consequences I'm afraid, legal or otherwise. We can argue whether the penalty is appropriate or not, that's another matter, but it's not a surprise really that a (very short) custodial sentence has been given as the court will want to send a message that it takes public safety seriously and offer a deterrent.
    Not true.

    Section 80 (of the 1875 Explosive Act) forbids you to throw fireworks in a public place.

    1) A flare is not deemed to be a firework.
    2) Setting off a flare is not throwing it.
    3) If you're over 18 it's not an offence to be in possession of a flare (Regulation 4 of the Fireworks Act 2003)
    4) Flares aren't a category 4 Firework (Regulation 5 of the Fireworks Act 2003)

    Flares do not explode and are therefore not deemed to be part of the 1875 Explosive Act.
    Ha ha, quality Addickted.
    As someone involved in the inspection and registration of premises for storage and sale of explosives for nearly 30 years now I can tell you that every training course I've attended, every piece of guidance I've seen and every discussion I was party to has not once concluded that a distress flare is outside the definitions provided in S3 of the Act. That's because they are not.

    Similarly in S.80 "fire" would include letting it off in a public place.

    S2A of The Sporting Event (Control of Alcohol, etc) Act is enacted and does make it an offence to possess a flare or smoke bomb whether you light it up or not.

    So there are at least two pieces of law prohibiting the letting off of flares or smoke at the ground and that's before we get into the area of public order or ground regs.

    That's it, I'm officially off the clock now!
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    So, who's bringing them palace today?
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    Two of our supporters have been charged with possessing and/or setting off flares last saturday.
    Will they be treated so severely ?
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    Two of our supporters have been charged with possessing and/or setting off flares last saturday.
    Will they be treated so severely ?

    The alleged individual to have sparked it was a 16 year old apparently, he wont be punished too harshly if it was him.
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    If you look at the video, it appears a black chap lit it & gave it to a youngster.

    http://www.charltonlife.com/discussion/53199/arrests-made-following-trouble-at-palace-v-charlton#latest
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    We had a meeting with the club not long ago and they told us the punishments for smokes and flares:
    Smokes - escorted out the ground
    Flares - knicked and given a ban.

    Just for the record, the flare had nothing to do with us and from what I could see it was a middle aged black fella who had it then I think he got arrested a bit later in the game.
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    Middle aged is what 30, 35 to you GJ?

    :-)
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    That's a youngster as far as I'm concerned......
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    Middle aged is what 30, 35 to you GJ?

    :-)

    Haha pretty much
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    What exactly were they charged with ? There are certain Chelsea supporters who are capable of commiting criminal acts, but I can't believe that you would be sent to prison for possession of flares. Having said that when I look at pictures of me in flares years ago, perhaps I am lucky to be a free man !
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    Granpa said:

    What exactly were they charged with ? There are certain Chelsea supporters who are capable of commiting criminal acts, but I can't believe that you would be sent to prison for possession of flares. Having said that when I look at pictures of me in flares years ago, perhaps I am lucky to be a free man !

    I think you'd have liked Australia ;o)
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    Granpa said:

    What exactly were they charged with ? There are certain Chelsea supporters who are capable of commiting criminal acts, but I can't believe that you would be sent to prison for possession of flares. Having said that when I look at pictures of me in flares years ago, perhaps I am lucky to be a free man !

    Certainly one of the chelsea fans had previous for ticket touting,not sure about the other one

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    Croydon said:

    Granpa said:

    What exactly were they charged with ? There are certain Chelsea supporters who are capable of commiting criminal acts, but I can't believe that you would be sent to prison for possession of flares. Having said that when I look at pictures of me in flares years ago, perhaps I am lucky to be a free man !

    Certainly one of the chelsea fans had previous for ticket touting,not sure about the other one

    He's been sent down and all he's ever done is scalp some tickets and set off a flare !
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    Blimey. I better have a look in the back of my wardrobe. I don't want to go to gaol. Seems harsh to me but the fashion police are bastards.
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    edited February 2013
    se9addick said:

    Croydon said:

    Granpa said:

    What exactly were they charged with ? There are certain Chelsea supporters who are capable of commiting criminal acts, but I can't believe that you would be sent to prison for possession of flares. Having said that when I look at pictures of me in flares years ago, perhaps I am lucky to be a free man !

    Certainly one of the chelsea fans had previous for ticket touting,not sure about the other one

    He's been sent down and all he's ever done is scalp some tickets and set off a flare !
    Yeah what a tragedy, someone with a criminal record (touting) does another illegal act (setting off a flare) and is punnished. What is the world coming to?
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    Chrispy51 said:

    se9addick said:

    Croydon said:

    Granpa said:

    What exactly were they charged with ? There are certain Chelsea supporters who are capable of commiting criminal acts, but I can't believe that you would be sent to prison for possession of flares. Having said that when I look at pictures of me in flares years ago, perhaps I am lucky to be a free man !

    Certainly one of the chelsea fans had previous for ticket touting,not sure about the other one

    He's been sent down and all he's ever done is scalp some tickets and set off a flare !
    Yeah what a tragedy, someone with a criminal record (touting) does another illegal act (setting off a flare) and is punnished. What is the world coming to?
    Yet burglars and muggers get of with a slap on the wrist... what is the world coming to?
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    J BLOCK said:

    Chrispy51 said:

    se9addick said:

    Croydon said:

    Granpa said:

    What exactly were they charged with ? There are certain Chelsea supporters who are capable of commiting criminal acts, but I can't believe that you would be sent to prison for possession of flares. Having said that when I look at pictures of me in flares years ago, perhaps I am lucky to be a free man !

    Certainly one of the chelsea fans had previous for ticket touting,not sure about the other one

    He's been sent down and all he's ever done is scalp some tickets and set off a flare !
    Yeah what a tragedy, someone with a criminal record (touting) does another illegal act (setting off a flare) and is punnished. What is the world coming to?
    Yet burglars and muggers get of with a slap on the wrist... what is the world coming to?
    If I had my way the death penalty would be bought back so if you are trying to get a rise you wont get one.
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