HJA Secures Conditional Discharge And Avoids a Banning Order for 16-Year-Old Ukrainian Refugee in Champion’s League Final Pitch Invasion Case

HJA acted for a 16-year old Ukrainian refugee who ran out onto the pitch at the start of the Champion’s League Final at Wembley Stadium on 1st June 2024. He appeared yesterday before Willesden Youth Court represented by Emily McNally, a solicitor with our Youth Team.

The boy fled the war in Ukraine in 2022 along with his mother and two sisters. His father was conscripted to the war effort and remains in Ukraine fighting on the front lines against Russia.

Following written representations made by one of our solicitors, Ms McNally, on the boy’s behalf, both the Crown Prosecution Service and the Youth Offending Team agreed that the boy should receive a ‘Youth Caution’, an out-of-court disposal available for children who have no previous convictions. Youth Cautions are designed to divert children away from the criminal justice system, and are wiped from their permanent record once they turn 18. However, the police were reluctant to accept a youth caution as a disposal of this matter and therefore the case had to go to court.

At the first court hearing, the boy accepted responsibility for his actions. Making submissions on his behalf, Ms McNally explained that the boy was a vulnerable refugee of good character and was an excellent student. He had fallen under the unfortunate influence of a popular vlogger who had incited and groomed his fans to commit football-related offences to further the vlogger’s personal brand.

Though the boy’s decision to follow the vlogger’s instructions was naïve, he had no intention to interfere with any of the players on the pitch and had expressed sincere remorse and regret for his actions.

Ms McNally argued that it would be unjust and disproportionate to impose a Football Banning Order, as the association with ‘football hooliganism’ could have a detrimental impact on the boy’s future.

The District Judge agreed that it would be unjust to impose a Football Banning Order against the boy, and sentenced him to a 6-month conditional discharge.

A conditional discharge is one of the most lenient sentences available to the courts. It means a defendant receives no immediate penalty unless he or she goes on to commit a further offence within the operational period of the discharge.

Commenting on the case Emily McNally, solicitor in Hodge Jones & Allen’s Criminal Defence Team said: “We are very pleased with this result for our young client. He accepted that he made an error of judgment in this instance and has learned a valuable lesson. It’s a central tenet of the youth justice framework in this country that children sometimes make mistakes, and should be given support and compassion rather than harsh sanctions.”

If you would like legal advice or assistance on any issues around the Youth Justice framework, please contact one of our experts.

Emily McNally, a criminal defence solicitor, has been dedicated to ensuring access to justice and equal treatment for over a decade. Her career has spanned multiple jurisdictions, including Canada, Peru, Pakistan, and the United States, and she has been based in London since 2016. Emily specialises in serious criminal defence work and has a particular focus on representing young clients at the police station and in the Youth Court.