So a lot has been said about Hearts players... being assaulted without any evidence to back it up. Edited footage of the attached video, shows a Celtic fan pushing a Hearts player - I can't distinguish who but others will be able to - however, the edited footage does not tell the full story or context suiting the agendas of those posting it up. The attached video shows the full interaction between the Hearts player and Celtic fan - and here is my take on it along with references to Scots Law after speaking to an acquaintance within the field. The Celtic fan, like others on the pitch, can be charged with Breach of the Peace for simply entering the field of play and the Celtic fan in question will almost certainly face such a charge. However, here is where it gets sticky. He is not breaking the law by simply goading or laughing at the Hearts player and videoing it. Under Scots Law, if someone knocks your phone out of your hand and then proceeds to stamp on it repeatedly - as the Hearts player did - then they can be charged with criminal damage (vandalism under the Criminal Law (Consolidation) (Scotland) Act 1995). Under section 52 of the Criminal Law (Consolidation) (Scotland) Act 1995, vandalism is committed when someone “wilfully or recklessly” destroys or damages property belonging to another “without reasonable excuse.” A mobile phone clearly falls within “property belonging to another,” and repeatedly stamping on it generally satisfies the “without reasonable excuse” and “wilful or reckless” requirements. It doesn’t matter if the incident happens on public/private property or in this case on a football pitch. The person who stomps on the phone is still potentially facing a charge for vandalism, even if the Celtic fan seen here is committing a breach of the peace by entering the field of play. The breach of the peace charge would be dealt with separately, it doesn’t erase the Hearts player's criminal responsibility for trying to destroy the fan's property. The Celtic fan is then seen pushing the footballer away in order to stop them from destroying their phone/property and attempts to recover it before stewards pounce on him, that push may amount to lawful self-defence or defence of property if it's proportionate and immediate, which in this case seems to be the case. Under Scots law, force is allowed if there’s an imminent threat, that the force is necessary, and it’s not excessive. A brief, measured push to create distance or break contact is usually treated as reasonable, not criminal assault. The Hearts player fell into this category when he initially swatted the phone out of the fan's hand and so too did the fan by pushing the Hearts player away in an attempt to retrieve his property. But as soon as the Hearts player started stamping on the phone that is deemed excessive force. Legally, the fan's breach of the peace [invasion of the pitch and goading] doesn’t give the Hearts player a licence to destroy the fan's property; and the fan's efforts to protect his own property can be deemed lawful, as long as the force used is proportionate and immediate. And yet, given the nature of the pitch invasion and the media coverage of it - the Hearts player could ultimately dodge any charge not because he is not guilty of committing a crime, but because the COPFS apply the 'public interest' test - even if evidence exists, they may conclude that prosecution is not in the public interest because of factors such as: 1. The relatively low value of the phone vs wider consequences (a star player, media circus, club reputation) 2. The player’s status and the likely impact on the sport or club 3. Whether alternative measures (internal club sanctions, fines, apologies, civil settlement) are seen as “sufficient.” Prosecutors are not obliged to prosecute every technically guilty act. As for the fan, as mentioned earlier, his entry onto the pitch is deemed a Breach of the Peace and he would be charged, fined, and issued with a football banning order - with Celtic also potentially banning him for x number of years. Ps/ Much of this was told to me verbatim and I have put it into my own words as much as I can. I am not an expert in Scots Law, I do not profess to be, the above is as told to me by someone in Criminal Law. #celticfc #spflshow more
