BCB Discipline Code

Bucks Cricket Board Ltd

Discipline Regulations

1. CODE OF CONDUCT AND SPIRIT OF CRICKET

1.1 Code of Conduct

1.1.1 Bucks Cricket Board Ltd (‘The Board’) is committed to maintaining the highest standards of behaviour and conduct. The Board’s objectives and operational procedures are set out in the Articles of Association and Bye Laws.

1.1.2 All persons, clubs and organisations by virtue of their participation in the Board’s activities, explicitly agree to abide by this Code of Conduct and shall be expected to conduct themselves both on and off the field of play in such a way as to avoid bringing themselves, the Board, or the game of cricket into disrepute.

1.1.3 The Board recognises its duty of care to all cricketers by adopting and implementing the ECB ‘Safe Hands – Cricket’s Policy for Safeguarding Children’ and any future versions of the Policy

1.1.4 It is the role of coaches, managers, clubs and parents to educate players of the future in the standard of conduct expected on the field of play.

1.1.5 It is the role of all adult players to set an example to players of future generations by the way they behave on the field of play.

1.1.6 The captains are responsible at all times for ensuring that play is conducted within the Spirit of Cricket as well as within the Laws.

1.1.7 Players, managers, coaches and officials must at all times accept the umpire’s decision. Players must not show dissent at the umpire’s decision or react in a provocative or disapproving manner towards another player or a spectator.

1.1.8 Players, managers, coaches and officials shall not intimidate assault or attempt to intimidate or assault an umpire, another player, a club official or a spectator.

1.1.9 Players, managers, coaches and officials shall not use crude and/or abusive language (known as “sledging”) nor make offensive gestures or hand signals nor deliberately distract an opponent.

1.1.10 Players, managers, coaches and officials shall not use language or gestures that offend, insult, humiliate, intimidate, threaten, disparage or vilify another person on the basis of that person’s race, religion, sexual orientation, colour , descent or national or ethnic origin.

1.1.11 Players, managers, coaches and officials shall not use or in any way be concerned in the use or distribution of illegal drugs.

1.1.12 Member clubs must take adequate steps to ensure the good behaviour of their players, officials, members and supporters.

1.2 Spirit of Cricket

Cricket is a game that owes much of its unique appeal to the fact that it should be played not only within its Laws, but also within the Spirit of the Game. Any action which is seen to abuse this spirit causes injury to the game itself. The major responsibility for ensuring the spirit of fair play rests with the captains.

1.2.1 There are two Laws which place the responsibility for the team’s conduct firmly on the captain.

Responsibility of Captains

The captains are responsible at all times for ensuring that play is conducted within the Spirit of the Game as well as within the Laws.

Player’s Conduct

In the event of any player failing to comply with the instructions of an umpire, criticising his decision by word or action, showing dissent, or generally behaving in a manner which might bring the game into disrepute, the umpire concerned shall in the first place report the matter to the other umpire and to the player’s captain, requesting the latter to take action.

1.2.2 Fair and Unfair Play

According to the Laws the umpires are the sole judges of fair and unfair play. The umpires may intervene at any time, and it is the responsibility of the captain to take action where required.

1.2.3 The umpires are authorised to intervene in cases of:

· Time wasting

· Damaging the pitch

· Dangerous or unfair bowling

· Tampering with the ball

· Any other action that they consider to be unfair.

1.2.4 The Spirit of the Game involves RESPECT for:

· Your opponents

· Your own captain and team

· The role of the umpires

· The game’s traditional values.

1.2.5 It is against the Spirit of the Game:

· To dispute an umpire’s decision by word, action or gesture

· To direct abusive language towards an opponent or umpire

· To indulge in cheating or any sharp practice, for instance

a) appeal knowing the batsman is not out

b) advance towards an umpire in an aggressive manner when appealing

c) seek to distract an opponent either verbally or by harassment with persistent clapping or unnecessary noise under the guise of enthusiasm and motivation of one’s own side.

1.2.6 Violence

There is no place for any act of violence on the field of play.

1.2.7 Players

Captains and umpires together set the tone for the conduct of a cricket match. Every player is expected to make an important contribution to this.

2. Aims and Jurisdiction

2.1 This Code of Conduct shall be complied with by all those who participate under the Board’s jurisdiction. For the sake of clarity, this includes:

2.1.1 All persons acting on behalf or otherwise representing the Board whether on or off the field of play

2.1.2 All Members of the Board and all persons, clubs or organisations affiliated to such members and if different, all Affiliates

2.1.3 All players, managers, coaches and officials participating in any cricket match within the jurisdiction of the Board whether on or off the field of play

2.2 It is intended that any breach of Paragraph 1 should in the first instance be dealt with by the participant’s club or organisation , who shall notify the Board Secretary of any action taken.

2.3 Where a player is charged, his captain and club may be charged separately under their responsibilities as set out in Paragraph 1 above.

3. Disciplinary Procedures

3.1 The Board shall be empowered to investigate any complaint made against a member of the Board or against any person, club or organisation within the Board’s jurisdiction as set out in Paragraph 2.1.

3.2 The Board shall establish a disciplinary committee (Disciplinary Committee) for the purpose of investigating and hearing any such complaint. The Disciplinary Committee shall comprise not less than three and not more than five members of the Board.

3.3 The parties involved in any complaint will be given not less than seven days notice of the date on which a disciplinary hearing will take place.

3.4 The accused party shall have the right:

3.4.1 To submit written statements ahead of the hearing

3.4.2 To attend the hearing

3.4.3 To state its case and to call witnesses

3.4.4 If a person, to be supported by a colleague

3.4.5 If a club or organisation, to send not more than three representatives to attend on its behalf, two of whom should be officers of the club or organisation.

3.6 The Board Secretary shall attend the hearing for the purpose of taking a full written record of the hearing. The Board Secretary shall notify the parties to the hearing of the decision of the Disciplinary Committee within seven days of the date of the hearing. The Disciplinary Committee’s decision shall be binding on all parties, subject only to the right of appeal to an Appeals Committee (as defined below).

3.7 If at a hearing a breach of Paragraph 1 is proved, the Disciplinary Panel shall have the power to impose the following penalties, together with such order as to costs as it deems appropriate:

3.7.1 In the case of a person acting on behalf of or representing the Board, this shall include the right to suspend the person from Board activities and/or terminate any contractual arrangement between the person and the Board.

3.7.2 In the case of a Member, this shall include the right to exclude any member from continued membership with the Board or in the case of any person, club or organisation affiliated to such member to require the relevant member of the Board to exclude the relevant party from continued affiliation with such member, or from continued affiliation to the Board but without otherwise limiting the power of sanction or penalty.

3.7.3 In the case of a player, the Discipline Committee shall follow but shall not be bound by ECB Guidelines as set out in the Appendix to these Regulations.

3.8 The Board shall be the final arbiter of all matters relating to the propriety of conduct within its jurisdiction. All members shall be expected to establish their own disciplinary Codes consistent with those of the Board and of the ECB and to enforce them, but subject to the powers of the Board in relation to discipline and the final right of appeal to an Appeals Committee of the Board. In any case where an appeal is made to the Board and is the subject of a hearing of an Appeals Committee the decision of that Committee shall be the final decision of the Board and no further appeal shall lie. By becoming a member of the Board or pursuing an appeal to an Appeals Committee, all parties shall be deemed to have accepted that the Board shall operate in this role and that the Board is empowered to expect, assert and enforce appropriate standards.

4. Appeals Committee

4.1 The Board shall be empowered to hear any appeal relating to matters arising in relation to cricket within Buckinghamshire which needs an independent hearing and adjudication. Those parties seeking such a hearing and adjudication shall first confirm their agreement to accept the outcome of that appeal as binding on all parties before any such hearing or appeal commences, and willingness to accept the potential consequences in relation to costs as are set out herein.

4.2 Any appeal to the Board shall only be valid if it is received in writing by the Board Secretary within seven days of the event leading to the appeal, and to satisfy that requirement the following shall also be deposited within that same timescale, namely; such Appeal Form as the Board requires to be completed stating the full grounds of the proposed appeal; any requisite deposit of fees, and copies of any documents to be relied upon in supporting the grounds of appeal.

4.3 Where an appeal is made to the Board, the Board shall for the purpose of investigating and hearing such appeal establish an appeals committee (Appeals Committee). This Appeals Committee shall meet as is required. An Appeals Committee shall if practicable be comprised of three Members of the Board. Additionally, if for the purpose of any specific appeal and for ensuring fairness to the parties involved the Board considers that an external independent Chairman or other member(s) should be appointed then the Board shall be empowered to make such an appointment for the purposes and to pay any costs thereby incurred by the Board. Otherwise all costs of any appeals shall be borne by the parties themselves. If exceptional costs are incurred by the Board in dealing with an appeal, the Appeals Committee shall have power to require, and may therefore order, either party to the appeal to pay those costs.

4.4 An Appeals Committee shall never include within its membership for the purposes of hearing any specific appeal any person who has had any earlier involvement whatever in respect of the matter which is the subject of that specific appeal.

4.5 The Board shall establish formal written procedures for the conduct of any appeal. These procedures shall have proper regard to all the principles of natural justice. A copy of the procedures shall be made available to all parties involved in any appeal hearing in advance.

4.6 The adjudication on any appeal shall be given only after a formal hearing to which each party is invited and is given the opportunity to present their case. A minimum of seven days notice of the holding of any hearing shall be given in writing to all parties. The written note of the procedures which will be followed by the Appeals Committee at the hearing shall be issued to all parties with the Notice of the Hearing.

4.7 The Board Secretary shall attend the hearing for the purpose of taking a full written record of the hearing but shall have no right to vote. A written notice of the decision of an Appeals Committee shall be issued by the Board Secretary to all parties within seven days of the conclusion of the hearing.

4.8 Where an Appeals Committee hears an appeal it shall have the power to:

4.8.1 allow the appeal (thereby overturning the decision appealed against and discharging the penalty originally imposed);

4.8.2 dismiss the appeal (thereby upholding the original decision against which the appeal was made);

4.8.3 dismiss the appeal in respect of the decision appealed against and impose whatever appropriate penalty it considers should be imposed (thereby either imposing a greater or lesser penalty than that originally imposed); or

4.8.4 add to any decision which it makes by making any appropriate comments or recommendations to either or both of the parties to the appeal under consideration for their consideration.

Appendix

Breaches of Discipline

Certain conduct, whether on or off the field of play of play, amounting to a breach of the Laws of Cricket and/or the Spirit of Cricket have been categorised into 4 levels which are set out below:-

Level 1

(a) time wasting by either the fielding side or the batting side

(b) abuse of the cricket ground, equipment or fixtures

(d) using language that is obscene, offensive or insulting and or the making of an obscene gesture

(e) excessive appealing

Level 2

(a) showing serious dissent at an umpire’s decision by word or action

(b) inappropriate and deliberate physical contact between players in the course of play

(d) deliberate and malicious distraction or obstruction on the field of play, regardless as to whether such conduct is deemed to be fair under law 42.5

(e) throwing the ball at or near a player, umpire or official in an inappropriate and dangerous manner

(f) using language or gesture that is obscene or of a serious insulting nature to another player, umpire, team official or spectator

(g) changing the condition of the ball other than as permitted by Law 42.3

(h) the bowling of fast short pitched balls that result in the bowler being disallowed from bowling further in that innings

(i) causing avoidable damage to the pitch contrary to Laws 42.13 and/or Law 42.14 that results in a five run penalty being awarded

Level 3

(a) intimidating an umpire

(b) threatening to assault another player, team official or spectator

(c) using language or gesture that offend, insult, humiliate, intimidate, threaten, disparage or vilify another person on the basis of that person’s race, religion, sexual orientation, colour, descent or national or ethnic origin

(d) the deliberate bowling of any high full-pitched ball contrary to Law 42.8

Level 4

(a) threatening an umpire

(b) physical assault of another player, umpire, official or spectator

(d) using language or gestures that seriously offend, insult, humiliate, intimidate, threaten, disparage or vilify another person on the basis of that person’s religion, sexual orientation, colour, descent or national or ethnic origin.

Sentencing Guidelines

The following is a guide to the match bans that may be imposed by Disciplinary/Appeals Panels for individual breaches of discipline, as set out above:

(a) Level 1 1 to 2 matches

(b) Level 2 2 to 8 matches

(d) Level 4 A minimum of 10 matches

Panels will take the following factors into account when determining the penalties to be imposed:

(a) If the accused player/club has pleaded guilty

(b) His previous disciplinary record

(d) The conduct of the player subsequent to him being warned and told that he will be reported

(e) If an appeal is considered to be spurious

ECB Guidelines on the Conduct of Hearings and Appeals

These Guidelines do not replace or form part of the BCB Discipline Regulations which should be read carefully by all those falling under their jurisdiction.

Natural Justice

The rules of natural justice are the minimum standards of fair decision-making imposed on persons or bodies acting in a judicial capacity. The rules of natural justice consist of the following elements:

(i) The right to a fair hearing

(ii) The rule against bias.

1. The right to a fair hearing

The right to a fair hearing requires that an individual shall not be penalised by a decision affecting his rights or legitimate expectations unless he has been given prior notice of the case against him and a fair opportunity to answer the case against him and to produce his own case.

(a) Prior notice of the hearing

The accused person should be given adequate notice of the allegations against him and of the procedure to be followed so that he may be in an position to make representations on his own behalf, to appear at the hearing, to prepare his own case and to answer the case against him. The time and location of the hearing must also be properly notified to the reported person.

(b) Opportunity to be heard

The reported person has a right to attend the hearing and be allowed to present his case. If the Disciplinary Panel is satisfied that the reported person has been given adequate notice of the alleged breach and of the time and location of the hearing, they may allow the hearing to proceed if the reported person fails to attend. However, it may not be justifiable to proceed if the time or location fixed for the hearing is such that the person cannot reasonably be expected to attend. Within the Model Discipline Regulations it states that “at least seven days’ notice in writing of the hearing and of the offence(s) alleged shall be given to the player, or in the case of a club, its Secretary”.

2. The rule against bias

A person adjudicating on a dispute must have no pecuniary or proprietary interest in the outcome of the proceedings and must not reasonably be suspected, or show a real likelihood, of bias.

The rule against bias also provides that a party should not normally be judged by his accuser.

Conduct of Hearing

Within these Guidelines words importing the singular shall include the plural and vice versa, and those importing the male shall include the female, and vice versa.

1. A complaint is received by either the Chairman of the League or the Chairman of the League Disciplinary Committee who decides to refer the matter to a Disciplinary Hearing.

2. The Hearing is conducted by at least three persons (the Panel) appointed by either the Chairman of the League or the Chairman of the League Disciplinary Committee . No-one connected with the individual or the club, or their opponents, or a club which might directly benefit from any disciplinary action (e.g. by the deduction of points), should be a member of the Panel.

3. The accused person/club should be notified of the offence(s) alleged against him/them and the time and location of the hearing. The notification should be in writing, include all relevant documentation and give at least seven days’ notice.

4. The accused person is entitled to be supported by a colleague. There is no right to legal representation but the Panel would normally permit the accused person to be legally represented. However, the attendance or otherwise of the legal representative should not be used as a ‘delaying tactic’.

5. If the complaint has been made by the umpires, they should be available to give evidence at the hearing.

6. Witnesses should not be present in the room at the outset but should be called in individually to give their evidence at the appropriate time. (Ideally, a separate waiting area should be provided for each party).

7. The Chairman should open the hearing and introduce all the parties. He should then briefly outline the procedure to be followed.

8. The charges against the accused person/club should be specified.

9. Witnesses should be called individually and asked to give their evidence. The Panel may question the witnesses. The accused person (or representative)/club may question the witnesses.

10. The accused person/club should be asked to give his/their account and may call witnesses. The Panel may question the witnesses.

Once the witnesses have given their evidence and answered any questions, they should either leave the room or, with the permission of the Chairman, they may remain but should take no further part in the hearing.

11. The Panel may question the accused person/club.

12. The Panel should deliberate in private. The Panel’s decision should be by majority vote; where necessary the Panel Chairman shall have a casting vote.

13. The accused person/club should be called back in and the Panel should give their decision as to whether the case is proved or not proved. If proved, the accused person/club should be asked to give any mitigation which might affect the Panel’s decision as to sentence, if they have any discretion in this area.

14. The Panel should consider the sentence in private.

15. The accused person/club should be called back in and the Panel Chairman should announce the sentence. The accused person/club should be made aware of the Appeals Process, particularly the time within which an appeal should be lodged.

16. The decision of the Disciplinary Panel and if appropriate the penalty should be communicated to the accused person/club in writing within 21 days. Draft forms for this purpose are attached to these Guidelines.

Appeals Process

1. Notice of appeal against the decision of the Disciplinary Panel, whether as to verdict or sentence, to be given in writing to the Secretary of the League within 7 days of the decision of the Panel (together with a deposit of £X (to be set by the League) if appropriate). The notice of appeal should record the decision or part of the decision against which the appeal is made and the grounds and basis of the appeal.

2. Any penalty imposed by the Disciplinary Panel should not take effect until the appeal has been heard.

3. The appeal must be heard by a different Panel from those who sat on the original Disciplinary Panel. The Appeal Panel must consist of not less than three people, none of whom should be connected with the individual or the club or their opponents, or a club which might directly benefit from any disciplinary action (e.g. by the deduction of points).

4. An appeal against the verdict should take the form of a complete re-hearing. The accused person or club shall have the same rights of attendance and representation and the ability to call witnesses as they did at the first hearing.

5. At an appeal against the sentence, the accused person or club shall have the same rights of attendance and representation as they did at the first hearing.

6. Decisions of the Appeal Panel shall be by majority vote with the Chairman having a casting vote where necessary. The decision of the Appeal Panel is final and binding.

7. The Appeal Panel can confirm the Disciplinary Panel’s decision, vary it or reverse it. It has the power to increase the penalty and award costs.

8. The decision of the Appeal Panel and if appropriate the penalty should be communicated to the accused person/club in writing within 21 days. Draft forms for this purpose are attached to these Guidelines.