General Conduct Regulations

MOORE & SMALLEY PALACE SHIELD GENERAL CONDUCT REGULATIONS

 

A PDF Version can be downloaded here 

 

DEFINITIONS

1. In these Regulations, the following expressions shall have the following meanings:

“Appellant” means an individual or Club which has issued an appeal to an Appeal Body in respect of a decision by a Disciplinary Chair or Disciplinary Panel.

“Appeal Body” has the meaning set out in Regulation 2.

“Appeal Hearing” means the hearing at which an appeal will be determined.

“Appeal Panel” means a panel of 3 people appointed to deal with any appeal against a decision of a Disciplinary Chair or Disciplinary Panel in accordance with these Regulations.

“Appeal Panel Chair” means the appointed chair of an Appeal Panel.

“Charge Letter” means a letter or email outlining the charge (or charges) to a Respondent. The Charge Letter shall be in the form which appears at Appendix 2 or contain substantially the same categories of information as a minimum.

“Club” means a club which participates in the Moore & Smalley Palace Shield

“Club Official” means any official of a Club, as listed on their website or official Club documentation, acting in an official capacity at a match.

“County Cricket Board” means a body designated as a County Cricket Board or County Club by the ECB which is responsible for the organisation of recreational cricketing activity and the development of cricket generally within a county and such other areas (if any) as may be agreed by the ECB.

“Disciplinary Chair” means an individual (or group of individuals) appointed by the Relevant Disciplinary Body, 

“Disciplinary Officer” means an individual (or group of individuals) appointed by the Relevant Disciplinary Body to have responsibility for the disciplinary process under these Regulations.

“Disciplinary Panel” means a panel of 3 people appointed to deal with a disciplinary charge at a Hearing in accordance with these Regulations.

“Disciplinary Panel Chair” means the appointed chair of a Disciplinary Panel.

“Disciplinary Report” means a report prepared by an umpire (or captain or Club Official, as outlined in Regulation 6) detailing any alleged On-Field Breach. The Disciplinary Report shall be in the form which appears at Appendix 1 or contain substantially the same categories of information.

“ECB” means the England and Wales Cricket Board.

“Effective Date” means 20 April 2022.

“First-Class County” means a county the ECB has officially accorded first class status to, being those counties listed as first-class county clubs in the ECB’s Articles of Association from time to time.

“Hearing” means a hearing at which any charges against a Participant or Club are dealt with.

 “League” means the Moore & Smalley Palace Shield.

“Notice of Appeal” means the document submitted to the Disciplinary Officer of the relevant Appeal Body to commence an appeal pursuant to Regulation 34.

“Off-Field Breach” means an alleged breach of Regulations 9-11.

“On-Field Breach” means an alleged breach of Regulations 4 and/or 5.

“Participants” means all individuals who participate in any ECB Competition, including:

(a) cricketers;

(b) volunteers, officers, employees, contractors, and members of any Club competing in the Moore & Smalley Palace Shield

 (c) match officials; and

(d) coaches.

See Appendix 4, guidance note 1 for further information.

 “Referral” means a Disciplinary Report or Written Complaint.

“Relevant Criminal Offence” means any offence against a child, any sexual offence, any violent offence, any drug offence, any public order offence, any offence with an aggravated element, any offence of cruelty against animals and any offence relating to integrity.

See Appendix 4, guidance note 10 for further information.

“Relevant Disciplinary Body” has the meaning set out in Regulation 2.

“Respondent” means a Participant or Club which is the subject of a disciplinary charge.

 “Summary Procedure” means the procedure to determine a disciplinary charge where a Hearing is not required, in accordance with Regulations 18-23.

“Written Complaint” means a complaint made by any person detailing an alleged breach of these Regulations at any time in writing.

 

SCOPE AND APPLICATION

2. From the Effective Date:

(a) all Participants must comply with the disciplinary process set out in these Regulations in respect of any alleged breach of these Regulations by the Participant;

(b) the Relevant Disciplinary Body shall be:

i. the Moore & Smalley Palace Shield 

(c) the Moore & Smalley Palace Shield shall be the Appeal Body in respect of any appeals to decisions taken in accordance with Regulation 2(b).

3. Any disciplinary sanctions imposed under these Regulations will be separate to any sanctions imposed under a Participant’s employment contract or any action taken in accordance with a Club, League or County Cricket Board’s terms of membership.

CONDUCT OBLIGATIONS

On and around the field of play

4. Any cricketer shall be in breach of these Regulations, at the relevant level of offence detailed below, if they do not conduct themselves fairly and properly on and around the field of play and otherwise in accordance with the Laws of Cricket or the Spirit of Cricket. A cricketer shall be in breach of these Regulations if they commit any reportable misconduct on any match day as specified in Law 41 of the Laws of Cricket. A cricketer shall also be in breach of these Regulations if they commit any misconduct on any match day as specified in Law 42 of the Laws of Cricket, namely:

 

Level 1

a. wilfully mistreating any part of the cricket ground or any equipment or implements used in the match;

b. showing dissent at an umpire’s decision by word or action;

c. using language that, in the circumstances, is obscene, offensive or insulting;

d. making an obscene gesture;

e. appealing excessively;

f. advancing towards an umpire in an aggressive manner when appealing; and/or

g. any other misconduct, the nature of which is, in the opinion of the umpires, equivalent to a Level 1 offence; or

Level 2

h. showing serious dissent at an umpire’s decision by word or action;

i. making inappropriate and deliberate physical contact with another cricketer;

j. throwing the ball at a cricketer, umpire or another person in an inappropriate and dangerous manner;

k. using language or gesture to another cricketer, umpire, team official or spectator that, in the circumstances, is obscene or of a seriously insulting nature; and/or

l. any other misconduct, the nature of which is, in the opinion of the umpires, equivalent to a Level 2 offence; or

Level 3

m. intimidating an umpire by language or gesture; and/or

n. threatening to assault a cricketer or any other person except an umpire; or

Level 4

o. threatening to assault an umpire;

p. making inappropriate and deliberate and/or dangerous physical contact with an umpire;

q. physically assaulting a cricketer or any other person; and/or

r. committing any other act of violence

5. Any coach, match official or Club Official shall be in breach of these Regulations if they fail to conduct themselves fairly and properly on any part of the cricket ground on any match day. Conduct which is not fair and proper and will therefore result in a breach of these Regulations shall include, but not be limited to:

a. making inappropriate and deliberate and/or dangerous physical contact with, threatening to assault, physically assaulting or committing any act of violence towards any other Participant (including an umpire) or any member of the public;

b. showing dissent at an umpire’s decision by language or gesture, advancing towards an umpire in an aggressive manner when appealing or intimidating an umpire by language or gesture;

c. using language that, in the circumstances, is obscene, offensive, insulting or seriously insulting;

d. making an obscene or seriously insulting gesture;

e. conducting themselves in a manner or acting in a manner which is improper, or which may be prejudicial to the interests of cricket, or which may bring the ECB, the league, the game of cricket or any cricketer or group of cricketers into disrepute; and/or

f. acting in a manner contrary to the ECB’s Anti-Discrimination Code.

See Appendix 4, guidance note 2 for further information.

6. If an umpire considers that there has been an On-Field Breach, they must make reasonable efforts to inform the individual (or their captain or a Club Official) before they leave the ground and make a Disciplinary Report to the ECB Disciplinary Officer. This Disciplinary Report shall be made irrespective of any action the umpire may have taken on the field of play. Other individuals can also report On-Field Breaches either to the umpire, in which case the umpire will make a Disciplinary Report, or to the ECB Disciplinary Officer directly by way of Written Complaint (for example, if the On-Field Breach relates to a match official). If there is no umpire appointed to a particular match, individuals can report On-Field Breaches to a captain or Club Official who can then make a Disciplinary Report on their behalf.

See Appendix 4, guidance note 3 for further information.

Captain/Team responsibility

7. If any cricketer commits three or more breaches of Regulation 4 (Conduct obligations on and around the field of play), which take place during or immediately before or after a match, when playing for the same Club in a season it shall automatically be a separate offence of failing to ensure that the relevant cricketers have complied with their obligations for each of:

a. Any person who captained the team in each of the relevant match(es); and

b. The Club the cricketer was playing for.

 

8. Clubs shall also be held responsible for disorderly behaviour on any part of the cricket ground on any match day by their members and spectators, unless they can show that:

a. they took adequate steps to ensure that their members and spectators behaved in an orderly fashion; and/or

b. they did not or could not control entry to that part of the cricket ground by the relevant spectators and it would therefore not be fair for them to be held responsible.

Off-field conduct

9. A Participant shall be in breach of these Regulations if they commit any misconduct as set out below which either relates to their participation in Moore & Smalley Palace Shield, Lancashire Cricket Federation or  ECB Competitions and/or is of a sufficiently serious nature to justify disciplinary action being taken in relation to their participation in any such Competitions:

a. making an abusive, obscene, offensive or otherwise insulting comment or gesture (in any form) in relation to any other Participant or any other person;

b. any act of violence towards another person;

c. engaging in behaviour that constitutes any form of abuse or harassment, whether physical, sexual, emotional, neglectful or bullying in nature;

d. any breach of the ECB Anti-Discrimination Code;

e. making any adverse public statement or comment in any form and by any means about   the performance and/or decision(s) of any match official(s);

f. failing to report to their Club, any Relevant Criminal Offence for which they have been subject to investigation and/or charged with;

g. conducting themselves in a manner, or doing or omitting to do anything which is or may be prejudicial to the best interests of cricket, or which may bring or does bring the game of cricket, any Participant, Club, League, County Cricket Board or the ECB, into disrepute;

h. failing to comply with any decisions or sanctions validly imposed on them following due process as prescribed by these Regulations.

See Appendix 4, guidance note 11 for further information.

 

10. A Club shall be in breach of these Regulations if, at any time, it:

a. fails to take reasonable steps to ensure the good behaviour and conduct of their Participants for any breach of these Regulations; and/or

b. knowingly permits a cricketer, who is suspended as a result of a previous breach of these Regulations, to play in any match or competition; and/or

c. any of its Participants commit any serious, collective or repeated breaches of these Regulations; and/or

d. commits any breach of its obligations under the ECB Anti-Discrimination Code; and/or

e. fails to comply with any decision(s) and/or sanction(s) validly imposed on it or on any person within the organisation, which has arisen following due process as prescribed by these Regulations

 

  1. The League shall be in breach of these Regulations if, at any time, it:
  1. commits any breach of its obligations under the ECB Anti-Discrimination Code; or fails to comply with any decision(s) and/or sanction(s) validly imposed on it or on any person within the organisation, which has arisen following due process as prescribed by these Regulations.

 

12. Participants are considered responsible for any relevant posts on their social media accounts and may be in breach of Regulations 9-10. for posting, repeating, commending or supporting posts or comments by others (e.g. ‘retweeting’ or ‘liking’) on social media.

See Appendix 4, guidance note 4 for further information.

13. If an umpire considers that there has been an Off-Field Breach which occurs on or around the field of play at a match, they will make reasonable efforts to inform the individual (or their captain or a Club Official) before they leave the ground and make a Disciplinary Report to the Disciplinary Officer. Other individuals can also report an Off-Field Breach which occurs on or around the field of play at a match to the umpire, in which case the umpire will make a Disciplinary Report, or to the Disciplinary Officer directly (wherever the Off-Field Breach may have occurred) by way of a Written Complaint.

134 If the Disciplinary Officer is aware that the Referral relates to a cricketer who is registered with a First-Class County, a Regional Host or a Hundred Team, the Disciplinary Officer must inform the ECB’s Integrity Department that the Referral has been received and provide any further information in respect of the disciplinary process that is requested by the ECB.

DISCIPLINARY PROCESS

15. Following receipt of a Referral, the Disciplinary Officer will consider whether there is sufficient information and/or grounds to charge the relevant Participant or Club with a breach of these Regulations. If further information is required, the Disciplinary Officer shall conduct any further investigation that is necessary.

See Appendix 4, guidance note 5 for further information.

16. If there is sufficient information and/or grounds, the Disciplinary Officer will issue a Charge Letter to the Respondent or the Participant’s Club to share with the Participant. If there is not, the Disciplinary Officer will inform the individual who submitted the Referral that no further action will be taken.

17. In respect of On-Field Offences at Level 1 and Level 2 and Off-Field Offences which would constitute a Level 1 or Level 2 On-Field Offence if they had been carried out on the field, the Summary Procedure in Regulations 18-23 shall apply. In respect of On-Field Offences at Level 3 and above and Off-Field Offences, the Disciplinary Officer will consider whether the case is suitable for the Summary Procedure or the matter requires a Hearing, in which case Regulations 24-33 shall apply.

Summary Procedure

18. The Disciplinary Officer must provide the Charge Letter to the Disciplinary Chair and confirm to the Respondent (either in the Charge Letter or separately) the identity of the Disciplinary Chair.

19. If the Respondent objects to the Disciplinary Chair on the basis of a conflict of interest, the Disciplinary Officer must consider whether to appoint an alternative Disciplinary Chair to consider the conflict of interest and/or as the Disciplinary Chair in relation to the case.

20. The Disciplinary Officer will set the Respondent a reasonable timeframe to respond to the Charge Letter in writing, if they wish to, and provide any further information which may be relevant.

21. The Disciplinary Chair will consider the charge and determine whether, on the balance of probabilities, there has been a breach of these Regulations.

22. If the Disciplinary Chair decides that there has been a breach of these Regulations, they will impose a sanction in accordance with the sanction guidelines which appear in Appendix 3.

23. The Disciplinary Chair’s decision will be communicated to the Respondent (and, where the Respondent is a Participant, the Participant’s Club) in writing.

Hearing

24. The Disciplinary Officer will appoint a Disciplinary Panel Chair and a Disciplinary Panel and arrange a Hearing. They will then confirm to the Respondent the identity of the Disciplinary Panel members, where and when the Hearing shall take place and, if the Hearing will take place virtually rather than in person, by what means.

See Appendix 4, guidance notes 5, 7 and 9 for further information.

25. In appropriate circumstances, including if the Respondent is not contesting the charge or does not wish to attend a Hearing, the Disciplinary Panel Chair may direct that the charge be considered by the Disciplinary Panel by way of written submissions only (i.e. without a Hearing) provided that a Hearing must be arranged if this is requested by the Respondent.

26. If the Respondent objects to any member of the Disciplinary Panel on the basis of a conflict of interest, it will be resolved by the Disciplinary Panel Chair unless the potential conflict has been raised in respect of the Disciplinary Panel Chair in which case the Disciplinary Officer will consider whether to appoint an alternative Disciplinary Panel Chair to consider the conflict of interest and/or be appointed to the Disciplinary Panel.

27. The Disciplinary Panel Chair will set the Respondent a reasonable timeframe to respond to the Charge Letter in writing and set any other directions for the exchange of information and/or evidence (which may include witness statements) that the Disciplinary Panel Chair considers appropriate.

28. In exceptional circumstances, the Disciplinary Panel Chair may suspend a Participant from participating in cricket until the Hearing has concluded. If so, the Disciplinary Panel Chair will give the Participant the opportunity to give written submissions on why it would not be appropriate to suspend the Participant and consider those submissions before making any decision. Any suspension which has been ordered will be taken into account by the Disciplinary Panel when considering what sanctions to impose in accordance with Regulation 31.

29. At the outset of any Hearing, the Disciplinary Panel Chair will confirm how the Disciplinary Panel would like the Hearing to proceed, and in particular how the case should be presented (and by whom). The Respondent will be entitled to provide oral submissions at the Hearing if they wish to do so.

30. At the end of any Hearing, the Disciplinary Panel will consider the charge (in private) and determine whether, on the balance of probabilities, there has been a breach of these Regulations. Any decision of the Disciplinary Panel will be taken by majority vote, with the Disciplinary Panel Chair having a casting vote in the event of a tie.

See Appendix 4, guidance note 7 for further information.

31. If the Disciplinary Panel decides that there has been a breach of these Regulations, it will impose a sanction in accordance with the sanction guidelines which appear in Appendix 3.

32. Unless the Disciplinary Panel directs otherwise, the parties will bear their own costs of preparing for and attending a Hearing, but the Moore & Smalley Palace Shield will bear the administrative costs of appointing the Disciplinary Panel.

See Appendix 4, guidance note 8 for further information.

33. Wherever possible, the Disciplinary Panel Chair will communicate the decision and any sanction to the parties verbally at the end of the Hearing. The Disciplinary Panel’s decision will also be confirmed to the parties (and, where the Respondent is a Participant, the Participant’s Club) in writing following the Hearing.

APPEALS PROCESS

34. Any decision made by a Disciplinary Chair or a Disciplinary Panel may be appealed by the

Respondent. In order to commence an appeal, the Appellant shall submit 

(a) a Notice of Appeal; and

(b) a fee of £150 to cover the standard administrative costs of the Appeal Panel;

to the Disciplinary Officer of the Appeal Body within 7 days of receipt of the decision in writing.

See Appendix 4, guidance note 9 for further information.

35. The Notice of Appeal must contain at least one of the following grounds of appeal:

a. the decision of the Disciplinary Chair or Disciplinary Panel was against the weight of the evidence;

b. there was a serious procedural irregularity, which includes the Disciplinary Chair or Disciplinary Panel not following the procedure set out in these Regulations, in a way which significantly impacted the rights of the Appellant;

c. there is fresh evidence (in which case the Notice of Appeal must state why the evidence could not be presented at the original Hearing); and/or

d. the decision of the Disciplinary Chair or Disciplinary Panel (including as to sanction) was irrational or unreasonable in the circumstances.

36. The Disciplinary Officer will determine whether the Notice of Appeal identifies sufficient grounds for an appeal and will notify the parties (and, where the Respondent is a Participant, the Participant’s Club) and (where applicable) accordingly in writing. This decision of the Disciplinary Officer of the Appeal Body will be final.

37. If there are sufficient grounds for an appeal, the will appoint an Appeal Panel Chair and an Appeal Panel and arrange an Appeal Hearing. No individual who was appointed as the Disciplinary Chair or as a member of the original Disciplinary Panel or who has otherwise been involved in the case shall be appointed to the Appeal Panel. The Disciplinary Officer will confirm to the Appellant the identity of the Appeal Panel members, where and when the Appeal Hearing shall take place and, if the Appeal Hearing will take place virtually rather than in person, by what means.

See Appendix 4, guidance note 5 for further information.

38. Unless otherwise determined by the Appeal Panel Chair, any sanction imposed by a Disciplinary Chair or Disciplinary Panel will not come into effect until the Appeal has been determined. If a Participant has been suspended from participating in cricket by a Disciplinary Panel and the Appeal Panel Chair considers that it may be appropriate for this sanction to be imposed before the Appeal has been determined, they will give the Participant the opportunity to give written submissions on why it would not be appropriate to suspend the Participant and consider those submissions before making any decision.

39. If the Respondent objects to any member of the Appeal Panel on the basis of a conflict of interest, it will be resolved by the Appeal Panel Chair unless the potential conflict has been raised in respect of the Appeal Panel Chair in which case the Disciplinary Officer will consider whether to appoint an alternative Appeal Panel Chair to consider the conflict of interest and/or be appointed to the Appeal Panel.

40. The Appeal Panel Chair will set directions for the exchange of information and/or evidence that the Appeal Panel Chair considers appropriate.

41. Unless the appeal is brought under Regulation 35.c, the Appellant has no right to a complete rehearing of the case and the Appeal Panel will instead consider whether the grounds of appeal have been made out. If an appeal is brought under Regulation 35.c, if the Appeal Panel determines that the fresh evidence is admissible the Appeal Panel shall consider whether to re-hear the case in full.

42. At the outset of the Appeal Hearing, the Appeal Panel Chair will confirm how the Appeal Panel would like the Appeal Hearing to proceed, and in particular how the case should be presented(and by whom). The parties will be entitled to provide oral submissions at the Hearing if they wish to do so.

43. At the end of the Appeal Hearing, the Appeal Panel will consider the Appeal (in private) and determine whether, on the balance of probabilities, the Appeal should be allowed (in whole or in part). Any decision of the Appeal Panel will be taken by majority vote, with the Appeal Panel Chair having a casting vote in the event of a tie.

See Appendix 4, guidance note 9 for further information.

44. If the Appeal is allowed (in whole or in part), the Appeal Panel may disapply the sanction imposed by the Disciplinary Chair or Disciplinary Panel or issue a new sanction in accordance with the sanctions guidelines in Appendix 3. If the Appeal is dismissed, the sanction imposed by the Disciplinary Chair or Disciplinary Panel will remain in place.

45. The Appeal Panel Chair will decide whether to make a costs order and whether the appeal fee will be refunded to the Appellant in the event of a successful appeal. Any costs ordered by the Appeal Panel will be limited to £250 (which shall be paid on top of the appeal fee referred to in Regulation 34).

See Appendix 4, guidance note 8 for further information.

46. Wherever possible, the Appeal Panel Chair will communicate the decision and any sanction to the parties verbally at the end of the Hearing. The Appeal Panel’s decision will also be confirmed to the parties (and, where a Participant is a party to the Appeal, the Participant’s Club) in writing following the Hearing.

47. Any decision of an Appeal Panel is final and binding and there is no further right of appeal.

APPLICABILITY OF PENALTIES

48. Following the Effective Date and being given notice of any penalty imposed under these Regulations, all Participants and cricket organisations in Recreational Cricket shall recognise, give effect to and fully enforce any sanction imposed by any Disciplinary Chair or Disciplinary Panel under these Regulations.

49. If the Relevant Disciplinary Body is aware that the Respondent participates in multiple leagues and/or competitions, including competitions run by a County Cricket Board, the Disciplinary Officer of the Relevant Disciplinary Body must communicate any sanction imposed under these Regulations to the Disciplinary Officer of the relevant competition organiser(s).

MISCELLANEOUS

50. Where the incident(s) leading to any charge relating to conduct occurred when any other disciplinary regulations were in force, then:

(a) the offences which may be charged and the sanctions that may be applied shall be determined by the regulations that were in force at the time of the offence; and

(b) the process to be followed will be determined by the regulations that were in force when the complaint was first brought to the attention of the Relevant Disciplinary Body.

51. Each Participant (and any other person whose personal data are obtained) must be provided with a privacy notice from the Relevant Disciplinary Body that explains the collection, processing, disclosure and use of information relating to the particular individual and their activities in connection with these Regulations and particularly for the conduct of any applicable disciplinary procedures and any associated issuing and recognition of penalties. The Relevant Disciplinary Body’s Privacy Notice will be provided to the Participant (and, if applicable, each other person whose personal data are obtained, or, if the personal data are not obtained from the individual themselves, when the relevant Participant is notified of any allegation made against them.

See Appendix 4, guidance note 11 for further information









Appendix 1

Disciplinary Report Template

 

The Moore & Smalley Palace Shield will use the information contained in this form, along with other conduct history and information it holds about the Participant, to determine what disciplinary action (if any) is to be taken. The Disciplinary Officer may pass it on to a Disciplinary Chair or Disciplinary Panel where necessary who may use it to assist in their disciplinary decisions. 

 

Data protection.  Each person whose personal data is to be recorded on this form should receive the Relevant Disciplinary Body’s Privacy Notice attached to this form.

 

 

To be completed by Umpire (and Participant(s) where relevant)

Competition/Match



Venue



Date



Participant’s Name



Participant’s Club




Captain on the day



Persons present



Umpire(s) Name(s)



Umpire’s report of the incident


Please continue on separate sheet if necessary.








Regulations breached



Level of On-Field breach



Any relevant comments that the Participant has made






Date cricketer, captain or Club Official notified of the alleged breach





APPENDIX 2A

Charge Letter Template (Summary Procedure)

[FULL NAME OF RESPONDENT]

[NAME OF CLUB]

[DATE OF LETTER]

Dear [INSERT NAME OF RESPONDENT]

CHARGE LETTER

You are charged with breaching the following provisions of the ECB’s General Conduct Regulations, a full copy of which is enclosed with this letter together with the Disciplinary Body’s Privacy Notice which explains how personal data in this matter will be used:

(1) [LIST RELEVANT REGULATION(S) BREACHED] 

(2) [LIST RELEVANT REGULATION(S) BREACHED] 

If you play in any other league, please confirm which cricket leagues and/or competitions you participate in and in which county or counties. 

FACTS

[It is alleged that on [DATE] at [PLACE/MATCH] you [list Law 42 Offence (or other)] 

EVIDENCE

The evidence relied on in this matter is [INSERT DETAILS OF ANY EVIDENCE RELIED ON FOR THIS CHARGE – NORMALLY ATTACH UMPIRES REPORT].

PROCEDURE

In accordance with Regulation 24 of the ECB’s General Conduct Regulations, I will provide a copy of this Charge Letter to the Disciplinary Chair, [INSERT NAME OF CHAIR]. 

If you object to the Disciplinary Chair on the basis of a conflict of interest, please notify me as soon as possible in writing, stating the reason(s) for your objection(s). 

If you do not object to The Disciplinary Chair you have 7 days by which to reply to this Charge Letter in writing, if you wish to do so, and to provide any other information that you consider relevant. 

The Disciplinary Chair will then consider whether there has been a breach of the Regulations and, if so, what sanction should be applied and you will be notified accordingly.

Yours sincerely

[NAME OF DISCIPLINARY OFFICER OF MOORE & SMALLEY PALACE SHIELD]

MOORE & SMALLEY PALACE SHIELD PRIVACY POLICY CAN BE FOUND AT:






Appendix 2B

Charge Letter Template (Full Procedure)

 

[FULL NAME OF RESPONDENT (PERSON, CLUB OR LEAGUE)]

[ADDRESS OF RESPONDENT]

[DATE OF LETTER]

 

Dear [INSERT NAME OF RESPONDENT]

 

CHARGE LETTER

 

You are charged with breaching the following provisions of the ECB’s General Conduct Regulations, a full copy of which can be found at the following link [insert link] together with the Disciplinary Body’s Privacy Notice which explains how personal data in this matter will be used:

 

  1. [LIST RELEVANT REGULATION(S) BREACHED] 
  2. [LIST RELEVANT REGULATION(S) BREACHED] 

 

[IF INDIVIDUAL RESPONDENT] Please confirm which cricket leagues and/or competitions you participate in and in which county or counties. 

 

Facts 

 

[It is alleged that on [DATE] at [PLACE/MATCH] you [INSERT BACKGROUND FACTS TO ALLEGATION(S)]

 

Evidence

 

The evidence relied on in this matter is [INSERT DETAILS OF ANY EVIDENCE RELIED ON FOR THIS CHARGE].

 

Procedure

 

Please advise within 7 days if you wish to contest this charge and attend a Hearing?

 

If you do wish to attend a Hearing then In accordance with Regulation 24 of the ECB’s General Conduct Regulations, I have appointed a Disciplinary Panel and Disciplinary Panel Chair as follows:

 

[INSERT NAME OF CHAIR] (Disciplinary Panel Chair) 

[INSERT NAME OF PANEL MEMBER]

[INSERT NAME OF PANEL MEMBER] 

 

If you object to any of the above Disciplinary Panel members on the basis of a conflict of interest, please notify me as soon as possible in writing, stating the reason(s) for your objection(s). 

 

The Disciplinary Panel Chair will set you a timeframe by which to reply to this Charge Letter in writing and set any other directions for the exchange of information and/or evidence that the Disciplinary Panel Chair considers appropriate. You will be informed of the date, time, and place of the Hearing as soon as possible.

 

All parties to the Hearing will have the right to:

 

  1. be accompanied;
  2. have the complaint explained;
  3. see and hear the evidence being presented;
  4. present their account of the relevant conduct; 
  5. represent themselves at the Hearing or arrange for a third party to act on their behalf; and/or
  6. ask for the Hearing to be rearranged and offer reasonable alternative date(s) if they are unable to attend on the date proposed.

 

The charge(s) detailed in this Charge Letter will be the only charges heard at the Hearing.

 

Yours sincerely



[INSERT NAME OF DISCIPLINARY OFFICER AND RELEVANT CRICKET ORGANISATION]

 

MOORE & SMALLEY PALACE SHIELD PRIVACY POLICY CAN BE FOUND AT:



















Appendix 3

Sanction Guidelines

1. The table below sets out recommended sanctions to be applied on Participants in respect of On-Field Breaches. However, the Disciplinary Chair or Disciplinary Panel shall not be limited to imposing the recommended sanctions and can impose greater or lesser sanctions as appropriate in the circumstances of the particular case.

2. Unless the Disciplinary Chair or Disciplinary Panel stipulate otherwise, bans shall apply to all cricket, be effective immediately and remain on the Participant’s record for 24 calendar months from the date of the breach.

Level of On-Field Breach

First On Field Breach

Second On Field Breach (within 24 months)

Third On Field Breach (within 24 months)

Level 1

1 week ban

2 week ban

3 week ban

Level 2

2 week ban

4 week ban

6 week ban

Level 3

6 week ban

8 week ban

10 week ban

Level 4

10 week ban

12 week ban

18 week ban

 

3. The Disciplinary Chair or Disciplinary Panel shall take into account all aggravating and mitigating factors when determining the appropriate sanction. The Disciplinary Chair or Disciplinary Panel shall determine whether, and to what extent, to depart from the standard sanctions and/or to impose additional penalties as they deem fit, including (but not limited to) the following, which may be suspended (in full or in part):

Participant

a. Caution or reprimand

b. Letter of apology

c. Fine of no more than £500

d. Ban of a period of matches or weeks

e. Expulsion of the cricketer from a competition

 Club

f. Caution or reprimand

g. Letter of apology

h. Fine of no more than £500

i. Expulsion of a Club from the relevant competition

4. The Disciplinary Chair or Disciplinary Panel shall give consideration to the following aggravating and mitigating factors, as appropriate, to include but not limited to:

Aggravating factors

a. The ages of the Participant and any victim at the time of the offence, particularly where the victim was a minor and the Participant was not.

b. The profile of the Participant, including whether they hold a position of responsibility within their Club (e.g. Club captain, Chair or member of senior management).

c. Poor previous disciplinary record.

d. Failure to cooperate with the Disciplinary Officer and/or Relevant Disciplinary Body.

e. Any attempt to conceal the breach.

f. The extent of any premeditation or planning.

g. The level of harm and/or distress incurred.

h. The public nature of the offence (such as commission of the offence in a public place, via broadcast media or a social media platform).

i. Use of discriminatory language or conduct, or any other behaviour that breaches the ECB’s Anti-Discrimination Code, whilst also carrying out a separate offence under the Regulations.

Mitigating factors

a. Good previous disciplinary record.

b. The age of the Participant at the time of the offence.

c. Admission at the earliest opportunity, where the factual conduct forming the basis of the charge would be capable of being disputed.

d. Demonstration of genuine remorse.

e. Co-operation with the Disciplinary Officer and/or Relevant Disciplinary Body.

f. Inexperience of the Participant by reference to their age or background at the time of the offence.

g. In respect of social media posts, the age of the post and the Participant’s age at the time of the post.













Appendix 4

Guidance

1. Jurisdiction (Definitions)

1.1 When a definition or regulation refers to someone (or something) being “under the jurisdiction” of another body or organisation (for example, the definition of “Participants”), this means that the relationship between that person and other body is such that the body or organisation has official power to make decisions or judgments in respect of that person. For example, when a cricketer signs up to join and play for a cricket club, they agree to be bound by the rules and regulations of that cricket club and are therefore officially under that cricket club’s jurisdiction.

2. Anti-Discrimination Code

2.1. The ECB Anti-Discrimination Code can be found here: undefined 

 and guidance on the ECB Anti-Discrimination Code can be found here [insert link]. 

3. Disciplinary Reports and Written Complaints (Regulation 6) 

3.1. Disciplinary Reports and Written Complaints must only be submitted in good faith, i.e. with honest intentions and containing correct information (to the best of the individual’s knowledge). The primary purpose of allowing Written Complaints to be submitted by individuals other than the umpire is to capture offences that an umpire does not see but which would constitute an offence if the umpire had seen it.

 3.2. Disciplinary Reports and Written Complaints should include a description of the alleged breach including:

(a) any relevant background information;

(b) name of witnesses;

(c) who was involved;

(d) what the Participant(s) is/are alleged to have done;

(e) anything anyone said at the time (including admissions and/or apologies); and

(f) any information regarding any relevant evidence and the context of that evidence (for example, information about a recording of the match, which captured the alleged incident or photographs taken and, if so, whether the parties involved were aware of and consented to this video footage and/or photographs). We refer to the ECB Live Streaming Guidance, which can be found here: [insert link].

3.3. Where an action (or inaction) is determined to be “prejudicial to the best interests of cricket” and therefore a breach of the Regulations, this means it is an act (or omission) not covered by any of the breaches listed specifically in Regulation 8 (a-i) but is an act (or omission) that a reasonable person would consider detrimental to the ethos, reputation and/or environment of the game. Examples of this may include 'running a book’ on outcomes or having a sponsor that is banned through other advertising policies.

4. Social Media (Regulation 11)

4.1. Posting, repeating, commenting, or supporting posts or comments by others that breach the Regulations may itself constitute a breach of the Regulations. For example, liking or otherwise promoting or supporting a comment that breaches the ECB’s Anti-Discrimination Code is likely to result in a breach of the Regulations not only for the person who posted the comment in the first place but also for any Participant who supports that post.

4.2. If a Participant is alleged to have breached Regulation 11 as a result of having liked or supported a discriminatory comment but claims that someone else logged into their social media account to submit that “like” (or other supportive comment/gesture), this will not necessarily prevent regulatory action being taken but should be taken into account by the Disciplinary Chair or Disciplinary Panel.

5. Responsibilities of a Disciplinary Officer (Regulations 14 and 36-37) 

5.1. Following receipt of a Referral, the Disciplinary Officer may conduct further investigation as they deem necessary to limit the chances of vexatious complaints and ensure there is a full understanding of the circumstances in which the complaint arose.

5.2 .Once any additional investigation is carried out, if a Disciplinary Officer decides that there is sufficient information to charge the Participant or Club for an alleged breach of the Regulations, and the Disciplinary Officer determines it is right to do so having considered the information and evidence provided, the Charge Letter issued may include a charge for a different breach to that detailed in the Referral.

6. Disciplinary Panel Hearing Process (Regulations 17 and 24-33)

6.1. Reasonableness will depend on the circumstances of the case but, in most instances, it is reasonable to request a response to a Charge Letter within seven days.

6.2. Any Hearing should be arranged in a timely manner, which will likely differ for each matter. However, arranging a Hearing in a timely manner means allowing sufficient time for all the parties concerned to prepare adequately, taking account of their availability and other commitments but not scheduling a Hearing so far in advance that it causes unreasonable delay. There must still be efficient handling of all matters and determination within a timeframe that allows everyone concerned to recall the matter adequately.

6.3. The Disciplinary Panel Chair has the discretion to set a disciplinary timetable as they consider appropriate. This means they can administer the proceedings according to a timetable they deem fit for the matter at hand (albeit whilst ensuring compliance with the Regulations). The Chair should notify the parties, within a reasonable timescale in advance of the Hearing, of their expectations on all parties and provide the parties with the opportunity to:

(a) share any documentation relevant to the case of either party in the proceedings, such as witness accounts;

(b) submit any written witness accounts and/or any other evidence that relate to the charge(s) against the Participant or Club; and/or

(c) prepare written submissions where the Panel considers the proceedings to be sufficiently sensitive or complex to require them.

6.4. Although it is a matter for the Chair to determine how to run the Hearing, most Hearings relating to a breach of the Regulations should be inquisitorial (taking on a fact-finding approach to get to the bottom of the situation as it is alleged) rather than adversarial and oppositional (which is the approach taken in criminal or civil proceedings). The Chair should make clear that the parties will have the opportunity to raise any matters they consider relevant to determining whether the Charge can be made out and allow for an appropriate length of Hearing to provide sufficient time for this.

6.5. All parties should be given information explaining that they will have the opportunity to put forward any observations, question the other party or parties, and/or make any submissions on the matter (including in relation to the other side’s evidence).

6.6. The Chair and Panel should:

(a) seek to ensure that witnesses are not present in the room being used for the Hearing until the time that they are required to give their evidence when they should be called into the room on an individual basis; and

(b) ask each party, as part of their submissions, to outline any factors that the Panel should consider in determining an appropriate sanction in the event that the alleged breach is found to be proven, with reference to the ranges prescribed in Appendix 3 of the Regulations.

6.7. Relevant Disciplinary Bodies should seek to ensure that decisions are produced within 7 days of the respective Hearing.

7. Balance of Probabilities (Regulations 21, 0 and 0)

7.1. Disciplinary Chairs, Disciplinary Panels and Appeals Panels will determine matters on the “balance of probabilities”. This means that when the Panel is considering whether the alleged breach has been committed or not, they must be satisfied that it is “more likely than not” that the alleged breach took place, taking account of the evidence submitted and heard. Therefore, the Panel do not have to be absolutely sure that it took place but satisfied that it is more likely.

8. Costs (Regulations 32 and 45)

8.1. For first instance decisions, the Disciplinary Panel may choose to make a costs order against the Relevant Disciplinary Body in instances where the alleged breach is found not to have been committed and/or the allegation is found to have been spurious or vexatious. In such instances, the Participant, or Club against whom the Referral has been made may be reimbursed for reasonable costs as the Disciplinary Panel deem appropriate.

8.2. For appeals, the Appeal Panel may also choose to make a costs order in instances where the Appeal is successful or if it feels that one party has acted unreasonably by bringing the Appeal or in any way during the Appeal process.

8.3. All parties are encouraged to keep costs to a minimum and the Appeal Panel Chair will take any unreasonable incurring of cost by either party into account when determining whether to require one party to pay more of the additional costs.



9. Appeals (Regulation 34-47)

9.1. If the Notice of Appeal or required administrative fee is not made within 7 days, the Appeal will not proceed unless there are reasons justifying otherwise, which shall be decided by the Appeal Panel Chair in their sole discretion. The appeal fee is requested to cover the administrative costs associated with holding a hearing and/or otherwise determining the matter. For example, there may be costs associated with the travel of the panel members or hiring a room for the day. If no administrative costs are incurred, the Appeals Body may choose to refund all or part of the fee in accordance with Regulation 45.

9.2. All procedural rules and principles that apply to Hearings at first instance also apply to appeals. The process and timing requirements for Disciplinary Panel Hearings (detailed in the Regulations and above at paragraph 8 of this guidance) will also apply to Appeal Panel Hearings.

10. Disclosure of Relevant Criminal Offences (Regulation 9)

10.1. In instances where a participant discloses a Relevant Criminal Offence, in accordance with Regulation 9, the Relevant Cricket Organisation receiving that disclosed information must abide by its duty of confidentiality and all applicable data protection laws.

10.2. Any Relevant Criminal Offence should be disclosed to the Club Safeguarding Officer in the first instance and, if that Club Safeguarding Officer has any concerns in relation to the handling of the matters disclosed, they should escalate it only to the County Safeguarding Officer. Such matters should only be disclosed beyond those two people and discussed at committee level in complex cases and only following discussion and agreement with the County Safeguarding Officer. The ECB’s Safe Hands Training Course provides further information on this.

10.3. Full information about the relevant ECB contacts for referring any safeguarding concerns can be found here: undefined

11. Data Protection (Regulation 51)

11.1. The UK GDPR and the Data Protection Act 2018 are the primary data protection legislation in the United Kingdom. All Relevant Cricket Organisations and Panels must comply with data protection law when processing personal data. Relevant Cricket Organisations may wish to obtain independent legal advice to ensure they meet their obligations.

11.2. The UK GDPR provides that, where personal data is obtained, the person or organisation receiving the personal data must provide transparent information (usually referred to as a ‘privacy notice’) to each individual whose personal data is received. If the data is not received directly from the individual (as may be the case following receipt of a Disciplinary Report or Written Complaint), the person or organisation receiving the personal data must provide the privacy notice within a reasonable period following receipt of the data and, in any event, within one month. What amounts to “reasonable” will depend on the circumstances, but as a general principle, the Relevant Disciplinary Body should take all steps to communicate with the data subject (about whom personal data is received in a Disciplinary Report or Written Complaint) as soon as is reasonably practicable, providing the privacy notice with the communication, to ensure compliance.

11.3. All Relevant Cricket Organisations will need to include appropriate references to the Regulations and its provisions in their respective privacy notices to ensure that they comply with transparency obligations in data protection law when collecting, processing and/or sharing personal data as a result of handling disciplinary matters. Independent legal advice should be sought on this point where necessary.

12. Children and Adults at Risk

12.1. When handling proceedings involving an under-18 or an adult at risk who is a witness, alleged victim or alleged offender, the processes that are followed must pay due consideration to safeguarding and welfare issues and associated data protection laws. Full guidance from the ECB on disciplinary proceedings that involve under-18s can be found on the ECB’s website:  undefined. Guidance from the ECB on disciplinary proceedings that involve an adult at risk can be found in the Adults at Risk Policy on the ECB’s website:

12.2. Reasonable adjustments should be made for anyone with a disability.

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