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

(3)

the order(s) of the Appeal Board.

1. Definitions

1.1

In this Memorandum the words "the Association" refers to the appropriate County or other Affiliated Association, and the words "the Association secretary" mean and include any person nominated to discharge a part of the disciplinary administration of the Association as well as its actual secretary.

1.2

Wherever gender is referred to in this Memorandum, either shall be inferred, as relevant.

1.3

All written communications from a player to the Association secretary must be sent by the secretary of the player’s club.

1.4

Every Association must set out in its rules or regulations a copy of these procedures, which are to be followed after a player has been cautioned or dismissed from the field of play while playing in a match for a club or a particular team of a club not dealt with by The Football Association.

1.5(a)

A "child" means a person who at the date of the relevant match was under the statutory school leaving age and throughout these regulations full-time education refers to a child who is of compulsory school age or who is over the school leaving age but is under the age of 18 and is for the time being attending a school or in full-time education in an establishment of further education.

1.5(b)

Financial penalties for misconduct must not be imposed on a child (Section 8.3). If an offered

Standard Punishment or Commission decision includes any financial element then the player’s club is liable for the sum imposed.

4.

Caution Offences

4.1

Subject to the provisions of Part I Clause 3, upon receiving a report from a referee that he has cautioned a player for a violation of the Laws of the Game, the Association secretary must:

4.2

Send an acknowledgement to the referee and send to the secretary of the club for which the player was playing at the time a copy of the referee’s report together with a written notification that the caution has been administered and recorded.  Copies of assistant referees’ reports need not be sent unless either official was a direct witness of the incident concerned.  An order must be made for the player or his club to pay an administration charge of £8 within 14 days of the date on the written notification. Where a child is concerned the club for which he is playing at the time of the offence must pay the £8 charge.

4.3

It is the duty of the club secretary and the player, within 14 days of the date stated on the notification, to ensure that the Association secretary receives such information as may be requested including: -

(a)

the full name and address of the player

(b)

his date of birth

(c)

the name of each club for which he is currently registered and was registered in the previous two seasons.

(d)

the signature of the player concerned.

If the player is not available to sign the pro-forma document, the club should return it indicating the reason for the non-completion together with the administration fee and confirmation as to whether or not the player has been made aware of the contents.  Any suspension order resulting from failure to comply with (a), (b), (c) and (d) above shall be on the club and not the individual player.

4.4

A player will not be permitted to request a "Personal Hearing" in respect of an individual caution except in the case of a claim of mistaken identity.  Any such claim must be lodged in writing with the Association  secretary within 14 days of the match - by both the club and the player alleging mistaken identity - giving particulars upon which the Claim is founded.  The player admitting the offence must agree to the club submitting the claim.  If the chairman of the Disciplinary Committee and/or the Association secretary are satisfied that the claim warrants further investigation, a Commission of not less than three nor more than five members must be appointed to deal with the matter.  If the members of the Commission are satisfied that mistaken identity has been proved, the record of the offence will be transferred to the appropriate offender, who may be subject to disciplinary action in accordance with the provisions of the current procedures, if applicable.   If the Commission is not satisfied that mistaken identity has been proved the caution will be recorded on the original player’s record.

5. Sending Off Offences

5.1

Subject as provided by Part I Clause 3 of this Memorandum, upon receiving a report from the referee that he has dismissed a player from the field of play for misconduct the Association secretary must: -

5.2

Send an acknowledgement to the referee and send to the secretary of the player’s club a copy of the referee’s report together with a letter offering a punishment in accordance with the Schedule Guide to Recommended Punishments (Section 12) and the appropriate fine along with a starting date for the suspension.  Copies of assistant referees’ reports need not be sent unless either was a direct witness of the incident concerned.

5.3

An order must be made for the player or his club to pay an administration charge of £8, within 14 days of the date on the letter informing him of the offered punishment.  Where a child is concerned the club for which he is playing at the time of the offence must pay the £8 charge.

5.4

Upon receiving from the Association secretary a notification that a player of his club has been offered a punishment for an alleged offence the club secretary must convey it with the referee’s report to the player concerned.  It is the duty of the club secretary and the player to acknowledge receipt of the notification within 14 days of the date stated on it, and to ensure that the Association secretary receives the acknowledgement form fully completed with such information as may be requested including: -

(a)

the full name and address of the player

(b)

his date of birth

(c)

the name of each club for which he is currently registered and was registered in the previous two seasons.

(d)

the signature of the player concerned.

5.5

In the event that a player does not accept the offer of the recommended punishment, as determined from time to time by The Football Association, he can: -

(e)

request a Personal  Hearing  to rebut the charge (see Section 8)

(f)

submit a written plea for leniency, setting out any mitigating factors which the player wishes to be considered

Option (f) entails acceptance of the report(s) on which the charge is based, and in either case a Commission of not less than three nor more than five members will be appointed to consider the plea for leniency made by the player.

6.1

Upon receiving a referee’s report that he has dismissed a player from the field of play for misconduct that is outside the scope of the Schedule Guide to Recommended Punishments (Section 12) or is misconduct deemed by the Association to be of a serious nature, and committed before, during or after a match,  the Association secretary must: -

6.2

Send an acknowledgement to the referee and send to the secretary of the club for which the player was playing at the time, a copy of the referee’s report accompanied by a written notification detailing the offence(s) which the player is alleged to have committed.  Copies of assistant referees’ reports need not be sent unless either official was a direct witness of the incident concerned.   An order must be made for the player or his club to pay an administration charge of £8 within 14 days of the date on the written notification of a charge.  Where a child is concerned the club for which he is playing at the time of the offence must pay the £8 charge.

6.3

Upon receiving the notification from the Association secretary that one of the players of his club has been charged with misconduct for an alleged offence the club secretary must convey it with the referee’s report to the player concerned.   It is the duty of the club secretary and the player to acknowledge receipt of the notification within 14 days of the date stated on it, and to ensure that the Association secretary receives the acknowledgement form fully completed with such information as may be requested including:

(a)

the full name and address of the player

(b)

his date of birth

(c)

the name of each club for which he is currently registered and was registered in the previous two seasons.

(d)

the signature of the player concerned.

6.4

In the event that a player does not accept his guilt of an offence as charged by the Association, he can  -

(e)

request a Personal Hearing to rebut the charge (see Section 8)

(f)

submit a written plea for leniency, setting out any mitigating factors which the player wishes to be considered

Option (f) entails acceptance of the report(s) on which the charge is based, and in either case a Commission of not less than three nor more than five members will be appointed to consider the plea made by the player.

7. Failure to Comply

7.1

When the provisions above are not complied with, the player’s right to a Personal Hearing or to make a plea for leniency is forfeited and the Commission may deal with the reported misconduct on such evidence as is available.

7.2

Failure on the part of the player or his club secretary to discharge any of the requirements set out at clauses in Sections 4, 5 and 6 above may constitute misconduct, which may result in a further charge against the player, his club, or both.   Any punishment imposed for failure to comply will be limited to a financial penalty if the fault of the club, but may include  suspension of the player where it is the player’s fault.   When dealing with compliance issues the Association must consider the following:-

(a)

whether the player has responded to his club

(b)

whether the club has failed to pass on his reply

(c)

whether the club has informed the Association that the player has failed to respond

(d)

whether the player has left the club

8.1

The notification indicating a charge must inform the player of the right to request a Personal Hearing in respect of the alleged offence and must also indicate that in the event of the charge being proved there will be a liability to be ordered to pay all or part of the costs of the Personal Hearing, which costs may include a part of the overhead expenses of the Association attributable to the hearing.  Similarly, in cases where the rules or regulations of the Association require the deposit of a fee for a Personal Hearing (as determined by the Council – Season 2003/04 :£25), at the time of such request the player must be informed that the fee is liable to be forfeited in full or in part if the charge is proved, in addition to any fine which may be imposed.   In an unproved case neither a fee may be retained, nor may Commission costs be levied, either for a Personal Hearing or for any other "non-Personal Hearing" case.

8.2

Upon receiving a request for a Personal Hearing in respect of an alleged offence, the Association will appoint a Commission of not less than three nor more than five members to hear and adjudicate upon the charge.    In the case of a player under the age of l8 years of age on the date fixed for the hearing, it shall take place either in the presence of a parent or guardian of the player or another appropriate adult.

8.3

Fines must not be imposed on children [Section 1.5(b)]. Any fine and administration charges arising out of misconduct by a child will be levied on the club.

8.4

The player, through his club secretary, must be given the date, time and venue fixed for the Personal Hearing and arrangements made for the attendance before the Commission of any witnesses in support of the charge, in particular the match official(s) on whose report the charge has been brought.  At a Personal Hearing of a charge a Commission may adopt such procedures as it considers appropriate and expedient for the just determination of the charge brought before it.  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.

8.5

The person charged and the match official(s) concerned should be given a minimum 14 days’ notice of details of the Personal Hearing.  Any written request to the Commission for a postponement of the hearing should be given consideration.  If the reason submitted is considered valid, then a postponement should be granted, and in such circumstances costs may be charged.  A request for a second postponement by the same party should not be granted.

8.6

If the charge is found not proved, any record of it will be expunged.  If the charge is found proved the Commission will decide what punishment, if any, is to be imposed.   In so doing, members of the Commission must consider the overall nature and effect of the offence(s) and the player’s previous record and any plea for leniency.

8.7

Except when an Appeal has been lodged, any fines or costs that are ordered must be paid before the expiry of 14 days from the date of the order.  Failure to pay within such period is deemed to be misconduct punishable by censure, fine and/or suspension as determined is by a Commission. This second Commission shall have the power to consider the matter on 48 hours notice and the power to suspend for continuing non-payment. The player and his club are jointly and severally responsible for payment of the fine and costs.  The club shall take such action as may be necessary to recover any sum paid on the player’s behalf.   The rules or regulations of an Association must provide for disciplinary action to be taken against a player who fails to reimburse his club.

8.8

A Disciplinary Commission shall comprise members appointed by the Association.    The appointed members of such Commissions shall have no previous personal knowledge of the events or any involvement with any of the participants concerned.

8.9

The decisions of Commissions are final and binding on all parties subject only to a right of appeal to The Football Association under the provisions of Football Association Rules, but limited to offers of punishment in excess of 14 days suspension and a fine of £15.  The player and/or the club for which the player was playing at the time may appeal within 14 days of the sending of the decision notification.

8.10

The decision of the Association will be sent by first-class post to the secretaries of all clubs for whom the player is known to be currently playing and to the player’s home address if known.   Each of these secretaries is responsible for informing the player of the decision.

8.11

The commencement date of any suspension imposed on a player is at the discretion of the adjudicating Commission.   Such date must allow for the 14-day period permitted for an appeal.

10.1

A player who has five or ten cautions recorded against him in the same season must be offered the recommended punishment applicable for the offence as determined from time to time by The Football Association, and at the same time be given a starting date for any suspension applicable.

10.2

A player who has already been the subject of disciplinary action as a result of accumulating five and then ten cautions in the season will be subject to a charge under FA Rule E1 for every additional five cautions recorded in the season, in that he is not acting in the best interests of the game.   Prior to any punishment imposed the player has the right to submit a written plea for leniency to be presented to a Commission.

11.1

Without prejudice to the foregoing provisions of Part I of this Memorandum, an Association shall have power to delegate to The Football Association or to another Affiliated Association its powers and duties to investigate and/or adjudicate in cases where it may be advantageous so to do.

11.2

If a referee omits to show the appropriate card when taking action against a player, this does not nullify the caution or Sending-Off offence.  However, the attention of the referee should be drawn to the correct procedure.

4

11.3

A Participant consents to abide by the Laws of the Game, the Rules and Regulations of The Football Association or an affiliated Association and to reasonable proportionate disciplinary action when playing the game. The issue of a caution is a decision based on a question of fact on the Field of Play upon which the Referee’s decision is final. The recording of the caution and the consequences that flow are both reasonable and proportionate. Cautions not being the subject of appeal does not breach the Human Rights Act 1998.

13. Cautions in a season

Cautions in a Season – between the opening and last day of the playing season (to include small-side football):

(a)

First 5 Cautions

7 days suspension plus £10 fine

(b)

After 5 further cautions              

7 Days suspension plus £10 fine

(c)

After each 5 further cautions

Charge of Continuing Misconduct

14.   Receiving a second (2^nd) caution in the same match:

7 days suspension plus £15 fine

15.   Denying a goal or an obvious goal scoring opportunity   

        by physical means or by deliberately handing the ball:

7 days suspension plus £15 fine

16.  Use of offensive or insulting or abusive

       language/gestures:

14 days suspension plus £15 fine

17.  Attempting to kick or strike another player:

21 days suspension plus £15 fine

18.  Serious foul play:

21 days suspension plus £15 fine

19.  Kicking or striking another player:

35 days suspension plus £25 fine

20.  Use of offensive or insulting or abusive language or       

       gestures directed at match officials:

35 days suspension plus £25 fine

21.  Spitting or similar unseemly behavior directed at an

      opponent or any other person (not at a match official):

112 days suspension plus £50 fine

22. (a)   Violent Head to head butting:

112 days suspension plus £75 fine

      (b)  Head to head contact:   

42 days suspension plus £30 fine

      (c)  Butting other parts of the body               

42 days suspension plus £30 fine

Guide to other recommended punishments for other offences following charges under E1, E2 and E3

23. (a)   Refusing to give name or giving a false name to         the

             referee when ordered to do so:

21 days suspension plus £30 fine

      (b)  Refusing to leave the field of play when ordered            to

             do so:

42 days suspension plus £30 fine

      (c)  and/or causing the match to be abandoned:

112 days suspension plus £75 fine

      (d)  Improper or insulting behaviour towards match 

             officials:

112 days suspension plus £75 fine

24.  Offences under F.A. Rule E1

       (a) Not acting in the best interests of the game                    

       (b) Acting in a manner that is deemed to be  

             improper                      

       (c) Bringing the game into disrepute                                                 

Punishment at the discretion of a Disciplinary Commission

25.  Offences under F.A. Rule E2 

       (a) Violent behaviour -  considered to be of a

             serious nature                          

       (b) Use of threatening words / gestures                            

       (c) Threatening behaviour                                                    

Each a minimum of 35 days

up to a maximum of 84 days

suspension and also £75 Fine

       (d) Use of abusive words / gestures  -  considered to be

            mid-range

       (e) Abusive behaviour                                                   

       (f)  Use of  indecent words /gestures

       (g) Indecent behaviour

Each a minimum of 21 days

up to a maximum of 56 days

suspension and also £50 Fine

       (h) Use of insulting words / gestures  -  considered to be

             less serious     

       (i)  Insulting behaviour

Each a minimum of 7 days

up to a maximum of 28 days

suspension and also £30 Fine 

       (j)  For offences (b), (d), (f) and (h) above in which a

             racist factor has been accepted or proved

For the first offence – the suspension and fine to be doubled, and for a second offence, be trebled. Any subsequent offence proved should result in a substantial period of suspension from all football and football activities together with a fine of not less that £200.

26.   Offences under F.A. Rule E3 -                                                                                                                     

        Proved guilty of any of the above offences and also to have acted in a discriminatory manner by reason of:

        (a)  Ethnic Origin                                                          

        (b)  Colour                                                

        (c)  Race                                                              

        (d)  Nationality

        (e)  Religion

        (f)   Sex

        (g)  Sexual orientation

        (h)  Disability

Any punishment to be imposed for an action that is proved to be of a discriminatory nature must be at the discretion of the Commission dealing with the matter and based on Section 12 above

(a)

Common Assault   - including spitting at / on a Match Official

182 days suspension plus £150 Fine

(b)

Assault causing or attempting to cause bodily harm   -

sine die suspension with no review to be considered under a period of 5 years plus £250 Fine

(c)

Assault causing serious bodily harm   -

permanent suspension

(a)

Player

a suspension for a minimum of 140 days plus £150 fine for a first offence but, depending on severity, sine die with no review for 5 years.

(b)

Club official

as for (a) above but;

(i)   if on a player or other official but not a match official;   suspension from all football  and football activities

(ii)  if on a Match Official – Section 27 above will apply

(c)

Match official

As for Match Officials assaulted by a Player. but a recommendation will be made to the relevant Referees’ Committee that the registration be removed and no request for reinstatement will be allowed until the suspension has been completed or removed.