Forum Topic

1. Public Nuisance (Police, Crime, Sentencing and Courts Act 2022)In the UK, creating a risk of injury to the public in a shared space is a serious offence. Launching a heavy object blindly from a multi-storey height into a crowded stadium directly violates this.• The Charge: Intentionally or recklessly causing a risk of serious harm, or causing serious annoyance or inconvenience to the public.• The Penalty: Since being codified into statutory law, a conviction for public nuisance can carry significant penalties, up to a maximum of 10 years in prison, a hefty fine, or both.2. Football (Offences) Act 1991This specific act regulates behaviour directly impacting football matches and stadium safety.• The Charge: Under Section 2 of the Act, it is a criminal offence to throw (or launch) any object onto the playing area or into the spectator stands without lawful authority or excuse.• The Penalty: A fine up to £1,000 and, crucially, a mandatory Football Banning Order (FBO), which would ban the individual from attending any regulated football match in the UK for a period of 3 to 10 years.3. Culpable and Reckless Conduct / Section 39 Assault (By Recklessness)Even if nobody was hurt, the law prosecutes the risk that was created. A rugby ball dropped or kicked from a significant height gathers enough force to cause severe head or neck injuries if it strikes an unsuspecting fan, steward, or player.• The Charge: Reckless endangerment or causing a direct risk of injury to others.• The Penalty: Can result in community service, heavy fines, or short-term imprisonment depending on how the Magistrates' Court or Crown Court views the severity of the danger.Additional Non-Criminal RepercussionsBeyond police prosecution, the individual faces two other major non-criminal legal actions:• Civil Trespass: The rooftop of Underwood House is residential/community private property. If the individual did not have lawful access to the roof, the building's management or owners can take civil legal action for trespass.• Lifetime Stadium Ban: Separately from the courts, Brentford FC has the right to issue an immediate, lifetime ban from the Gtech Community Stadium and share that data with the Premier League to blacklist the individual nationwide.

Julian Pavey ● 7d

My feeling on this is that the young man responsible would be ill-advised to employ Robert Fish and Co to act on his behalf in this case. He would be better off with someone with a basic understand of the law. The CPS has a smorgasbord of potential charges to be brought here. The severity of the crime is not usually the primary determining factor as to whether they proceed but the strength of the evidence. Surely Robert is not now going to tell us that the case against this idiot is weak. His maths skills don't appear to be much better than his legal acumen. I don't know how he got his 0.01% probability of the ball hitting someone but anyone who has been around a training session when someone boots the ball towards a group not participating knows that the chances of it hitting someone are remarkably high. Robert's lack of sympathy for the players here suggests that he is not someone who is familiar with live sport particularly the frenetic pace of the Premier League. In the footage the play is moving away from the kicker but there is over a six second gap from the kick to landing. In that time it was highly possible that there could have been a switch in play towards the ball. If you assume a better contact or a following wind that brought the ball into the third of the pitch in which play was concentrated, ChatGPT puts the chance of a player being hit directly between 5-15% and 5-20% after one bounce when the ball would still have sufficient momentum to do serious damage.

While we can argue around the edges about probabilities, it isn't really relevant. Denis made the key point earlier on — the fact that only a tiny proportion of people who drive drunk hit pedestrians isn't a viable defence.

Jeremy Parkinson ● 7d

I gave a figure of 60mph for a rugby ball earlier which was incorrect. I think my earlier source was for a football. As Keith points out they are  a different shape. The terminal velocity of a rugby ball falling point down is 87mph.

While it is true in football players routinely head balls that have been kicked the length of the pitch — these do not get any where near terminal velocity. The range would be 35mph-45mph (source: Science Direct). This is believed to be the source of brain trauma and potentially the cause of early onset dementia in some players but there is no immediate concussion at this speed.

A ball on a football pitch does not routinely anywhere near 55mph. A particularly well struck freekick might exceed this but that would be rare. If a defender standing in a wall is hit in the head, he has a high chance of a concussion.

Section 78 of the Police, Crime, Sentencing and Courts Act 2022 makes it an offence to intentionally or recklessly create a risk of serious harm to the public, or a section of the public. The claim won't be that this man acted with the intention to hurt somebody but I don't see how he can defend himself against the charge of being reckless. We can argue about how badly somebody might have been hurt if they had been hit by this ball but there is no basis for an argument that no risk was created.

In reality, given prison overcrowding, he will probably get a non-custodial sentence. His most severe punishment might be the termination of his lease or tenancy if he lives in the building he took the kick from. 

Jeremy Parkinson ● 6d