The Sporting Events (Control of Alcohol etc.) Act 1985.
It is on offence for a person to enter or attempt to enter a football ground while in possession of a flare, smoke bomb or firework. The sentence for these offences can be as much as three months in prison, and in many cases, fans who have no previous convictions are being given prison sentences for attempting to enter a football ground with a smoke bomb in their pocket as the courts take these offences very seriously.
There are two different offences (1) possession in the football ground; and (2) possession while attempting to enter. Although logically, attempting to enter a football ground seems to be less culpable than a fan who has managed to get the smoke bomb, flare or firework into the football ground, in real terms the courts do not consider one offence to be more serious than the other. Fans searched prior to entering the football ground and found to be in possession of a firework, flare or smoke bomb, have still been given custodial sentences.
What does 'attempting to enter' a football ground mean?
The courts have decided that 'attempting to enter' means much more than a person who is searched at the turnstiles. Fans have been given a prison sentence for carrying a smoke bomb in their pocket when exiting the train station closest to the football ground, or when walking through the car park on the way to the football ground. A court is likely to decide that a fan who is in possession of a ticket and is close to the ground is ‘attempting to enter’.
Is it more serious to carry a flare or a firework instead of a smoke bomb?
Although a firework or flare may be seen as more dangerous than a smoke bomb to most people, the courts do not seem to distinguish between them. Fans have been sentenced to three months in prison for carrying a smoke bomb, without having actually let it off.
Be warned that even though fans may not think that having a smoke bomb or flare in their pocket is a serious offence, the police and football club take it very seriously and even a fan with no previous convictions faces a real risk of going to prison.