Chelsea FC, The Paris Metro & Racist Fans: Can They Be Prosecuted?

Aug 02, 2023

Written By Billy Sexton, Editor, AllAboutLaw.co.uk

Two weeks ago, footage emerged of Chelsea ‘fans’ singing a racist chant and preventing a black from boarding a train on the Paris Metro.

There was shock among the public, outcry in the comment and opinion pieces of national newspapers and condemnation from the club. The Paris public prosecutor’s office confirmed that an investigation into crimes and of racial violence on public transport had been launched and Scotland Yard said they were looking to identify those involved.

The fans chanted “We’re racist, we’re racist and that’s the way we like it”. The man who they prevented from boarding the train was later identified as Souleymane S and he has also filed a legal complaint.

The fans in question appear to have breached a number of laws. “Racially aggravated violence on public transport” is punishable by up to three years in prison and a €45,000 fine. “According to which law?”, I hear you cry. Why, it’s only the French Penal Code of 1994. Article 225-1 dictates that “Discrimination comprises any distinction applied between natural persons by reason of… their membership or non-membership, true or supposed, of a given ethnic group, nation, race or religion.”

Article 225-2 notes that “Discrimination defined by article 225-1, committed against a natural or legal person, is punished by three years' imprisonment and a fine of €45,000 where it consists… of obstructing the normal exercise of any given economic activity”.

Now, I know what you’re thinking, “Can British people be punished under French law?” Well, yes they can. If an offence is committed overseas you can be prosecuted under the law of the foreign country (in this case, French law), even if you’re visiting.

Uh-oh, looks like these Chelsea fans are in a fair bit of hot water then. But can they be prosecuted in the UK also? The Metropolitan Police have said that they take episodes of British football fans being involved in criminality or disorder “very seriously”, even if incidents take place abroad. They have said that they would consider applying for order to prevent fans from travelling to future football games, but could the authorities do more?

The law surrounding racial discrimination and attacks in the UK are outlined in the 1998 Crime and Disorder Act. An offence is defined as racially or religiously aggravated if “at the time of committing the offence, or immediately before or after doing so, the offender demonstrates towards the victim of the offence hostility based on the victim’s membership (or presumed membership) of a racial or religious group”. A racially aggravated offence is when a person commits malicious wounding or grievous bodily harm (an offence under section 20 of the 1861 Offences Against the Person Act), actual bodily harm, or common assault.

From the footage, it’s all but certain that the Chelsea fans don’t commit grievous or actual bodily harm, but they could be guilty of committing common assault – where one person causes another to apprehend or fear that force is about to be used to cause personal contact and possible injury. The shoving of Souleymane S by the Chelsea fans could be interpreted to be common assault, which carries a sentence of six months imprisonment under the 1988 Criminal Justice Act.

However, because the offence didn’t happen on British soil, Souleymane S is to report the incident to French authorities. As the UK and France are both members of the EU, a European Arrest Warrant may be issued by the French authorities, so long as the suspects are accused of an offence incurring a maximum penalty of at least a year in prison. The suspects will then stand trial in the French courts.

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