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Act (2005:321) If Refusal Of Access At Sporting Events

Original Language Title: Lag (2005:321) om tillträdesförbud vid idrottsarrangemang

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Conditions for refusal of access, etc.



1 § according to this law, a person is forbidden to have access

to and staying on fenced place mainly intended for

Sport when sports events held on the site of

a sports organization (banned). This also applies if

the public has access to the site.



Access order may not refer to anyone who is under the age of 15.



The law does not affect the right of the holding

the place to restrict access to this.



section 2 of A person can be banned if it because of

special circumstances there is a risk that he or she

will commit crimes during sporting events referred to in paragraph 1 of the

and the offence is liable to disturb the order or safety.



In determining whether there is such a risk, it should in particular

be taken into account if the person has previously committed such an offence under

or otherwise in connection with sporting events referred to in section 1.

Offence that the person has committed before the age of fifteen may not

be taken into account.



If the purpose of a refusal of access order can be met by a

less severe measure, the ban is not notified.

The access refusal order may only be notified of the reasons for the action

outweigh the infringement or otherwise which means action

for the individual. Law (2009:100).



paragraph 3 of the refusal of access order shall be valid for a certain period of time, up to three

year.



The access refusal order will take effect immediately, unless otherwise

is determined.



A refusal of access order may be extended by a maximum of one year at a time,

If the conditions of section 2 have been met. Law (2014:107).



4 § a refusal of access order shall be communicated to the prohibition relates.

The service must not be carried out in accordance with 34 to 38, and 47 to 51 of the

procedural law (2010:1932). Law (2010:1975).



paragraph 5 of the questions about the refusal of access order shall be dealt with promptly.



Case processing



section 6 of the public prosecutor examines questions about the refusal of access.



A question of access order included on the written request of

the sports organization that organizes sporting events

the ban referred to protect or of specialidrottsförbundet for

the current sporting activities in Swedish

Riksidrottsförbund.



A question about the refusal of access is also addressed on the notification of

Police authority. The Police Department is not a party in the case

that notice gave rise to. Law (2014:626).



section 7 questions about the refusal of access is being examined by the Prosecutor in the place

where the prohibition is intended to be wholly or mainly employed or

where the against which ban referred to apply is domiciled or

more lasting present. If the person is suspected of

crimes that have a bearing on the question of refusal of access, the

the issue is being examined even by prosecutors with jurisdiction to prosecute

for the crime.



In the case of prosecutors applied Chapter 7. the code of judicial procedure.



§ 8 the Prosecutor may have recourse to the assistance of the police for

investigation of questions about the refusal of access.



With regard to the investigation the following provisions in 23

Cape. the code of judicial procedure:



4 § of objectivity,



section 6 of the right to hold hearings,



section 7 if the subpoenas,



section 9 on the obligation to stay behind for questioning,



section 10 as to who may attend the interrogation,



section 11 of the opportunity to ask questions at the hearing, and



section 12 on the prohibition of unfair measures during interrogations.



For the purposes of Chapter 23. 4 and 11 of the code of judicial procedure to be

the provisions concerning the suspected instead refer to it against

the ban means apply. Law (2014:626).



8 AOF A police officer or other employee of the Police Department

may photograph a person who has or may reasonably be presumed to have

refusal of access under this Act for the purpose of the photograph will be

able to be added to the register in which the police may bring

According to the law (2015:51) on the register of access order at

sporting events. Law (2015:55).



section 9 Before a question concerning the refusal of access order is determined, the person is

party is informed of a task that has been added to the case

by someone other than party and have the opportunity to be heard

over it. The issue may be decided without the transmission, if

the measures are clearly unneeded.



Specialidrottsförbundet for the current sporting activities

in Sweden's Riksidrottsförbund is a party in a case concerning the

access order that has been raised on the notification of

Police authority.



The Prosecutor determines how the notification should occur.

Law (2014:626).



9 a § if the final solution of the problem relating to refusal of access

for special reasons cannot wait, the Prosecutor may decide to

access order will be valid until further notice pending

the issue will be settled definitively. Before such a ban is announced, will

the ban referred to apply to have the opportunity to be heard.

Refusal of access may, however, be communicated without the transmission, if

the decision cannot be postponed.



A refusal referred to in the first subparagraph may apply a maximum of

four weeks. Law (2009:100).



section 9 (b) interferes with any arrangement or compromise the security of

the context of a sporting event, and it can be assumed that a

access order under section 9(a) will be communicated to the

person, is he or she to forbid the police officer required

to go to a hearing to be held immediately afterwards, if

questioning cannot be maintained on the site or otherwise by weight

for the investigation that the prohibition referred to apply to come with

to the hearing. He or she refuses, without valid reason, the

the policeman take him or her to the hearing.



The interrogation is not obliged to remain for questioning

longer than six hours. Law (2009:100).



10 § when the Prosecutor determines a matter of refusal of access or

announces decision pursuant to § 9A, should the decision be in writing

and enter



1. the parties and the police authority if it has made the notification

According to paragraph 6,



2. where the refusal of access order shall be valid and, if so, ban

meaning and scope, as well as when it expires,



3. the reasons which have determined the outcome, including offences

invoked the risk assessment as well as the time and location of the

the crime,



4. the provisions are invoked,



5. What can result from breaking the ban, and



6. possibility to request a review under section 12 and

judicial review under section 13. Law (2014:626).



11 § At the Prosecutor's handling of cases concerning refusal of access

apply in General only the following provisions of the

Administrative Procedure Act (1986:223):



4 and 5 sections on Government serviceskyldighet,



section 6 of the co-operation between authorities,



section 7 of the General requirements for the handling of cases,



section 8 of the interpretation,



section 9 of representatives and counsel,



section 14 of the oral procedure,



section 15 of the annotation of data;



20 the second sentence of paragraph 1 and 4 and the second subparagraph of

that reasoning may be omitted, and



section 26 of the correcting typos and the like.



section 12 of the Though that because of changing conditions, there is reason to

the Prosecutor may rescind or modify an access order that

decided by the Prosecutor or the Court. The Prosecutor may, however,

extend a ban only if it is requested by an applicant referred to

in section 6.



The first subparagraph shall not apply, if the ban is subject to

judicial review.



Judicial review



section 13 the District Court shall hear the Prosecutor's decision in the case of

refusal of access at the request of the decision concerns, if

the decision gone against him or her. Such a request should

be made in writing at the Office of the Prosecutor, who shall submit the matter

to the District Court. Includes case decisions on refusal of access

According to section 9 (a), the Prosecutor shall without delay provide case

to the District Court. Law (2009:100).



section 14 of the competent court is the District Court in which the Prosecutor has

examined the question of refusal to initiate proceedings in criminal cases

General.



section 15, the Court shall request the opinion of the Prosecutor, if there are no

is unnecessary.



section 16 of the Court may decide that a refusal of access order until

Furthermore, it shall not apply. If an access order is not

decided earlier, the Court may decide on such a ban

until the case is settled definitively.



section 17 of the Court is to hold a meeting, if a party so requests.



18 § When the District Court decides the matter, it consists of a legally qualified

judges and three lay judges. On the other hand orientation consists

District Court by a legally qualified judges.



At the vote apply the provisions of chapter 29.

the code of judicial procedure.



section 19 each Party shall bear their own costs, except in a

such cases referred to in chapter 18. section 6 of the code of judicial procedure.



20 § In the Court's handling of cases concerning refusal of access

apply otherwise Act (1996:242) about court cases. In question

If the request for examination under section 13 shall apply by way of derogation from the

the Act on the application.



section 21 When the Court is to rule on a decision in the case of

refusal of access and to which ban referred to apply is

suspected of crimes relevant to the examination of the question of

ban, the decision may be examined in proceedings relating to General prosecution concerning

the crime. In such cases, apply the provisions of

the trial in criminal cases.



Criminal liability



section 22 of the offender is convicted of a refusal of access order

violation of the refusal of access to a fine or imprisonment

a maximum of six months.



Transitional provisions



2010:1975



1. This law shall enter into force on 1 april 2011.



2. Older provisions apply where a document has been sent or

submitted by 1 april 2011.