Racial abuse by football fans towards 15-year-old labelled as 'banter' by judge
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Britain's top football policeman and anti-discrimination watchdog Kick It Out have strongly condemned a judge who dismissed racist abuse at a football match as "no more than banter".
Judge Mark Bury sparked outrage after refusing to impose a football banning order on a fan who racially abused a 15-year-old during a Championship match.
The controversy emerged following an appeal hearing at Hull Crown Court, where the judge rejected prosecution attempts to ban a Sheffield Wednesday supporter who had targeted the teenager with racist slurs.
David Spencer, 56, from Mexborough, was fined £1,375 with additional costs after being found guilty of using racially aggravated threatening words or behaviour.
The incident occurred during Sheffield Wednesday's 4-2 Championship defeat at Hull City at the start of the 2023-24 season (Stock Image)
Getty
The incident occurred during Sheffield Wednesday's 4-2 Championship defeat at Hull City at the start of the 2023-24 season.
Spencer, a Wednesday season-ticket holder, had denied shouting "You're a P***; you're a P***" at the teenage victim.
The racist abuse was reported by the 15-year-old during the match, with evidence provided by friends supporting the complaint.
The case was initially heard at Beverley Magistrates Court in September, where Spencer was fined but avoided a football banning order.
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During last week's appeal hearing, Judge Bury downplayed the severity of the incident, stating Spencer "was not alone in shouting and swearing".
"They were giving as much as they were getting," the judge said. "There was no violence or threat of violence and, really, this was no more than banter between opposing supporters, particularly in a derby game."
The judge and two magistrates deemed a football banning order would be "unjust".
Judge Bury even made light of Spencer's support for Sheffield Wednesday, joking "we won't hold that against him" before adding: "You are free to go to Sheffield Wednesday games in the future without any worry."
Chief Constable Mark Roberts, the National Police Chiefs' Council Police Lead for Football, said he was "utterly baffled and frankly dismayed" by the ruling and the judge's comments.
"To characterise racial abuse as 'banter' is appalling and whether others 'were giving as much as they were getting' is irrelevant," he stated.
Roberts emphasised that the incident involved racial abuse of a child at a football match.
"To be clear, racist behaviour is wholly unacceptable, it is not banter and action will be taken against anyone who thinks they are free to shout racist abuse during any football matches," he added.
Chief Constable Mark Roberts, the National Police Chiefs' Council Police Lead for Football, said he was "utterly baffled and frankly dismayed" by the ruling and the judge's comments
National Police Chiefs' Council
Kick It Out strongly criticised the judge's handling of the case, stating he had "reduced a serious incident of racial abuse targeting a child to banter".
The anti-discrimination group expressed concern over the judge's apparent disregard for the impact on the victim.
"Those within the criminal justice system should set the standard for combating racism," the organisation said.
"Sadly, that has not been the case here, highlighting an urgent need for better education on the impact of racism among those involved."
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