The Impact of Public Behaviour on Personal Records: A Case Study from the FA Cup Final
This year's FA Cup final was mired in controversy thanks to the actions of one Manchester United (MUFC) fan. Prior to the final’s kick-off, a picture began circulating on social media showing a man in a MUFC shirt, with the number ‘97’ and the phrase ‘not enough’ appearing above.
Historically, there has been an unpleasant trend amongst both LFC and MUFC fans, where they mock each other over the deaths that occurred during both the Hillsborough Disaster and the Munich Air Disaster.
This shirt was clearly referencing the tragic 1989 Hillsborough disaster, where 97 Liverpool FC (LFC) fans lost their lives. Unsurprisingly, Wembley Stadium staff and the police quickly identified the individual before locating and subsequently arresting him.
Legal Consequences
The offender, named by police as James White, 33, probably didn’t expect to be arrested for his choice of attire. Unfortunately for him, this event is likely to mar his record for the rest of his life.
White was charged with causing ‘Intentional harassment, alarm or distress’. The offence definition reads:
“A person is guilty of an offence if, with intent to cause a person harassment, alarm or distress, he:
(a) uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or
(b) displays any writing, sign or other visible representation which is threatening, abusive or insulting thereby causing that or another person harassment, alarm or distress.
As this is a summary offence, White will not be trialled by a jury but rather judged in a magistrate's court. If found guilty, he could receive a hefty fine, up to 6-months in prison, or a combination of the two.
This could have a serious impact on his employment prospects.
DBS Checks and Public Behaviour
DBS Checks have become a lot more common in recent years. Last year, the Disclosure and Barring Service (DBS) processed a record number of DBS Checks, totalling well over 7 million issued certificates. More and more employers are incorporating them into their recruitment.
If convicted, White’s offence would show up on a DBS Certificate, potentially hindering his employment. How this works depends on what he is charged with.
If White receives a fine, the offence will show up on any level of DBS Check as an unspent conviction for up to a year. It would then be disclosed on Standard or Enhanced DBS Checks as a spent conviction for an additional 10 years.
If White receives a custodial sentence, the offence will show up on any level of DBS Check as an unspent conviction for up to 2 years. This conviction will be classed as spent after 2 years plus the length of the sentence. However, any conviction that leads to a custodial sentence will always be disclosed on a Standard or Enhanced DBS Check.
But even if he doesn’t receive a custodial sentence, the fallout of his actions have already left a mark in the media.
Media Checks
In addition to DBS checks, the incident involving White will also show up on a Media Check. Media Checks are a form of background check that includes a review of an individual's media presence, including news articles, social media posts, and other publicly available information.
These types of checks are commonly used when vetting people in public-facing roles, senior leadership positions, or simply for due diligence.
In this case, the widespread media coverage of White's offensive conduct at the FA Cup Final will be readily accessible in a Media Check, potentially further impacting his reputation and employment prospects. This would be the case regardless of whether he is found guilty.
This incident serves as a stark reminder of the potential long-term consequences of public behaviour. Not only can such actions lead to legal repercussions, but they can also have a lasting impact on personal records, affecting everything from employment opportunities to personal reputation.
In an era where information is readily accessible and easily shared, the importance of respectful and responsible conduct cannot be overstated.