NEW laws should be brought in to make pitch invasion a criminal offence, according to an SFA commissioned report into the Scottish Cup Final disorder.

The report by Sheriff Principal Edward Bowen QC suggests that discussions should take place with the Scottish Government "as to whether it should be made a specific statutory offence to go onto the pitch without lawful authority at a designated football stadium".

Sheriff Bowen has spent the last two months investigating the causes of the chaos that marred the final between Hibs and Rangers in what is described as an independent report.

READ MORE: Rangers raise complaints about SFA report into Scottish Cup Final disorder

Hibs triumphed 3-2 to win the trophy for the first time in 114 years, but the post match celebrations were marred by scenes of crowd disorder and a pitch invasion.

Police have said 58 people had now been arrested over the disorder.

Sheriff Bowen in a report published on the eve of the start of the new Scottish Premiership season says: "I acknowledge that this is a matter which requires full debate. It could be argued that the existing provisions of both common and statute Law are sufficient, and that fear of conviction of a statutory offence would not have affected the actions of the large numbers who invaded the pitch on 21st May.

READ MORE: Rangers raise complaints about SFA report into Scottish Cup Final disorder

"On the other hand, the very existence of a statutory prohibition might serve to send home the message that proceeding onto the field of play is likely to result in automatic sanction under the criminal law."

In England it is a specific statutory offence to enter the field of play at a designated football match without lawful excuse: Football (Offences) Act 1991 Section 4.

Scotland has no equivalent statutory provision and it is argued by some observers that a specific charge would be easier to prove and prosecute.

Historically police have prosecuted those involved in pitch invasions using the common law offence of Breach of the Peace or of Conduct Calculated to Provoke a Breach of the Peace. 

READ MORE: Rangers raise complaints about SFA report into Scottish Cup Final disorder

The report also suggests that there should be a reserve of police available to call on to deal with such trouble.

The sheriff said: "A more difficult question is, should there have been a reserve of police officers able to deploy across the centre of the pitch once an invasion took place? With the benefit of hindsight, the answer is certainly yes."

The report says it was not possible "other than by the construction of physical barriers such as moats or fencing", to prevent an influx of several thousand people onto a football pitch.

READ MORE: Rangers raise complaints about SFA report into Scottish Cup Final disorder

The sheriff said: "Such barriers are not appropriate for Scottish football grounds in modern conditions."

Describing the events, he found fault with both sets of fans in terms of their behaviour at the final.

"Whilst the vast majority of Hibs supporters who went onto the pitch did so in a spirit of jubilation a small number, probably no more than 200, behaved in a manner which went well beyond a manifestation of high spirits," he said.

"There were incidents involving direct physical confrontation with Rangers players which included the hurling of obscene language and sectarian abuse. Similar conduct was directed at Rangers officials.

READ MORE: Rangers raise complaints about SFA report into Scottish Cup Final disorder

"There were incidents of wilful, direct and abusive defiance of lawful instructions given by police officers at the time of the pitch invasion. None of this can be justified on the basis of high spirits.

"There was evidence that in the course of the match sections of the crowd in West Stand merited greater police attention than those in the East. This was because of the discharge of pyrotechnics and the singing of sectarian songs. "

The West End was the part of Hampden that the Rangers fans were.

"That said, when the pitch invasion occurred the overwhelming majority of Rangers supporters behaved properly and many simply left the stadium. A small number allowed themselves to be taunted by the Hibs fans to the point of invading the pitch for the purpose of physical confrontation."

READ MORE: Rangers raise complaints about SFA report into Scottish Cup Final disorder

Stewart Regan, Scottish FA chief executive said: “The Scottish FA is grateful to Sheriff Principal Bowen for producing such a comprehensive independent review of the circumstances immediately following the William Hill Scottish Cup final.

“The board received first sighting at its meeting yesterday and we will consider the report in greater detail in early course.

“We are pleased SP Bowen acknowledges that the processes and procedures of the match operation were robust.

“Nevertheless, we will work closely with the other parties involved to ensure the commission’s findings are clearly and consistently understood.

“In the meantime, the Compliance Officer will now proceed with the investigation into the cup final from the perspective of the Judicial Panel Protocol.

“We are committed to ensuring that there is no repeat of the scenes that detracted from this showpiece occasion and will give full consideration to the recommendations set out by SP Bowen in respect of the Scottish FA’s future planning of major sporting events under our jurisdiction.”