County Procedures

Evidence

1.1

A Commission of Inquiry, Disciplinary Commission and an Appeal Board shall not be bound by any enactment or rule of law relating to the admissibility of evidence in proceedings before a court of law.

1.2

A Commission of Inquiry, an inquiry by The Association, a Disciplinary Commission and an Appeal Board may draw such inference from the failure of a Participant or an Alleged Offender or a witness to give evidence or answer a question as it considers appropriate.

Representation

2.1

A Participant may be represented by one individual.   (For instance, a Player may be represented by a Club Official of a Club with which he is associated or by a representative of the Professional Footballers’ Association, and a Referee may be represented by a representative of the Referees Association).

2.2

An Alleged Offender appearing before a Disciplinary Commission or an Appellant before an Appeal Board, and any individual or body assisting in any way an inquiry of The Association or a Commission of Inquiry, may be legally represented only with the prior consent of the Disciplinary Commission or Appeal Board, The Association or Commission of Inquiry respectively.   Request for consent must be made with at least 7 days notice.

2.3

An individual acting as representative for an Alleged Offender shall not be allowed to give evidence.

Confidentiality/Publication of Proceedings

3.1

The proceedings of a Commission of Inquiry, a Disciplinary Commission and an Appeal Board shall take place in private.

3.2

Subject to Rule 3.3 below, all oral or written representations and documents created in the course of any proceedings shall be confidential between The Association and the individual or body concerned.   All evidence and representations shall be privileged.

3.3

The Association shall have the power to publish in the public press or in any other manner considered appropriate reports of any hearing, order, requirement, instruction, decision, proceedings, acts, resolution, finding and penalty and any transcript or document prepared in the course of proceedings, or evidence, whether or not this reflects on the character or conduct of a Participant. Each Participant shall be deemed to have consented to any inquiry or Commission of Inquiry, Disciplinary Commission or Appeal Board and to the publication of any report thereof.

Service of Documents

4.1

A document may be served by giving it to the person to whom it is addressed or by leaving it at, or sending it by first class post or by fax to, the last known address of the addressee or, in the case of an individual, the Club with which he is associated.

Days

5.1

Any reference to a day or days in the Regulations shall mean a calendar day or days.   Bank Holidays shall not be counted.

Fees

6.1

An Appeal fee of £75 is required when a participant requests an appeal against a decision of a F.A. Disciplinary Commission and £35 for an appeal against a decision of a Disciplinary Commission of an Affiliated Association.

Concurrent Hearings

7.1       

For offences alleged to have been committed in the same match, where there is a common Association or defence evidence the Commission shall hear all parties at the same hearing.   Evidence adduced in the defence of a participant shall be capable of constituting evidence against another participant.   The Commission shall give appropriate weight to such evidence.  Participants or their representatives shall be entitled to cross-examine other participants and their witnesses.                                                                                                                                 

The Commission shall generally hear defence cases in chronological order of the alleged events but shall have complete discretion to take parties and witnesses out of order for timely, efficient and appropriate disposal of the proceedings.

A.

Subject to the Rules of the Association, a Commission may adopt such procedures at a Personal Hearing of a Charge as it considers appropriate and expedient for the just determination of the Charge brought before it.

B.

A Commission shall not be bound by any enactment or Rule of Law relating to the admissibility of evidence in proceedings before a Court of Law.      

C.

The following is a guide to the conduct of Personal Hearings before Commissions considering an offence pursuant to the "Memorandum of Procedures: Field Offences Committed By Players of Clubs Dealt With By County Associations".

1.

The Commission, having assembled shall appoint one of its number as Chairman. The Commission may appoint a person to act as Secretary to the Commission whose duty shall be to call the evidence to be submitted in support of the Charge and generally assist the Commission in its determination of the Charge.

2.

A  participant may be represented by one individual. (for instance, a player may be represented by a Club Official of a Club with which he is associated or by a representative of the Professional Footballers’ Association, and a Referee may be represented by a representative of the Referees Association except  when he is acting as a witness.) A participant appearing before a Commission may be legally represented only with the prior consent of the Commission. Request for consent must be made with at least 7 days notice. An individual acting as representative for a participant shall not be allowed to give evidence at a Commission.

3.

The person charged and any representative shall be admitted to the hearing. The Commission shall satisfy itself that the person charged has had details of the Charge.

4.

Evidence (including witness evidence) in support of the Charge shall be received by the Commission. In cases concerning a report from a Match Official, that report shall be received in evidence first and shall be read out to the hearing.

5.

The person charged or his representative shall have the right to ask questions relevant to the matters in issue of any witness in support of the Charge.

6.

After evidence in support of the Charge has been received by the Commission, any written statement made by the person charged shall be read out to the Commission.  The person charged may then give evidence on his own behalf and in such event he may have questions asked of him by the Commission.  The person charged or his representative may then submit evidence and call witnesses.

7.

At any time the Chairman and, through him, Members of the Commission, may ask questions of any witness or any representative. The Commission may draw such inferences as it considers appropriate from the failure of the person charged to give evidence or answer a question put to him.

8.

In the event of the evidence submitted in answer to the Charge disclosing a point which the Commission considers was not covered in the evidence of, or not put to, any witness in support of the Charge, the Commission may recall any witness and ask questions of such witness. The person charged or his representative may also ask questions as at 5 above.

9.

The evidence having been completed to the satisfaction of the Commission, the person charged or his representative shall be entitled to make closing submissions based upon the evidence, but this may not include reference to facts not disclosed in the evidence presented to the Commission.

10.

At the conclusion of the closing submissions, all persons shall withdraw whilst the Commission considers the evidence and submissions presented to it and determines whether the Charge has been proved or not. After reaching its decision, the Commission shall recall the person charged and his representative. The Chairman shall announce whether the Charge has been found proved or not proved.

11.

If the Charge is found not proved the hearing will be declared closed.

12.

If the Charge is found proved details of the Misconduct record of the person charged shall be received by the Commission. The person charged, or his representative, may then make a plea in mitigation.

13.

At the conclusion of the plea in mitigation the person charged and his representative shall again withdraw and the Commission shall determine what order or orders, if any, shall be made under the provisions of Regulation 6.1 of the Regulations for Football Association Disciplinary Action.

14.

The person charged and his representative shall then be re-admitted and informed of the decision of the Commission. This shall subsequently be confirmed in writing.

15.

As an alternative to the above, a Commission may, where it considers it appropriate, not announce its decision at the meeting but inform the person charged that such decision will be communicated to him in writing through his Club Secretary.

(a)

failed to give the Appellant a fair hearing.

(b)

failed to comply with the Disciplinary Procedures relevant to the hearing of the charge.

(c)

came to a decision on the facts of the case which no reasonable body could have reached.

(d)

imposed a punishment, without reasons, not conforming with the Schedule Guide to recommended punishment.

(e)

imposed an award, order or any other sanction which is excessive.

(1)

The Appellant to address the Appeal Board, summarising its case;

(2)

Any new evidence to be presented by the Appellant;

(3)

The Respondent to address the Appeal Board, summarising its case;

(4)

Any new evidence to be presented by the Respondent;

(5)

Each party to be able to put questions to any witness giving new evidence;

(6)

The Appeal Board may put questions to the parties and any witness giving new evidence at any stage;

(7)

The Respondent to make closing submissions;

(8)

The Appellant to make closing submissions;

(9)

The Appeal Board shall proceed in the absence of any party, unless it is satisfied that there are reasonable grounds for the failure of the party to attend and shall do so in such manner as it considers appropriate

(1)

allow or dismiss the appeal;

(2)

exercise any power which the body against whose decision the appeal was made could have exercised, whether the effect is to increase or decrease any penalty, award, order or sanction originally imposed;

(3)

remit the matter for re‑hearing;

(4)

order that any deposit be forfeited or returned as it considers appropriate;

(5)

make such further or other order as it considers appropriate, generally or for the purpose of giving effect to its decision.

(1)

the names of the parties, the decision(s) appealed against and the grounds of appeal;

(2)

whether or not the appeal is allowed; and