General Conduct Regulations (GCR)
Appendix 1
Disciplinary Report Template
The BCEW Disciplinary Officer will use the information contained in this form, along with any 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 an Adjudicator 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 BCEW Privacy Notice attached to this form.
To be completed by Umpire (or any other reporting party where relevant)
Competition/Match/Teams :
Venue/Location :
Date :
Participant’s Name :
Participant’s Club :
Captain (of the Participant’s Club) on the day:
Persons present (witnesses to incident):
Umpire(s) Name(s) (and ACO Number(s) if known):
Umpire’s report of the incident (include name(s) and Clubs of those involved in the incident and this should detail whether the matter was dealt with on-field):
Regulation(s)/Law(s) 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 2
Charge Letter Template
[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 is enclosed with this letter, together with the BCEW 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].
EITHER
Procedure
In accordance with Regulation 29 of the ECB’s General Conduct Regulations, I have appointed a Disciplinary Panel Chair as follows:
[INSERT NAME OF CHAIR] (Disciplinary Panel Chair)
The Disciplinary Panel Chair has appointed the following members to form a Disciplinary Panel:
[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:
(a) be accompanied;
(b) have the complaint explained;
(c) see and hear the evidence being presented;
(d) present their account of the relevant conduct;
(e) represent themselves at the Hearing or arrange for a third party to act on their behalf; and/or
(f) 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.
OR
Procedure
In accordance with Regulation 22 of the ECB’s General Conduct Regulations, I have provided this Charge Letter to the Adjudicator, [INSERT NAME OF ADJUDICATOR].
If you object to the Adjudicator 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 Adjudicator will set you a timeframe 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 Adjudicator will then consider whether there has been a breach of the Regulations and, if so, what sanction should be applied.]
Your sincerely
[INSERT NAME OF DISCIPLINARY OFFICER AND RELEVANT CRICKET ORGANISATION]
Encl. [COPY OF GCR AND BCEW PRIVACY NOTICE ]
Appendix 3
Sanction Guidelines
1. The table below sets out recommended sanctions to be applied on Respondents in respect of On-Field Breaches. However, the Adjudicator or Disciplinary Panel will 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 Adjudicator or Disciplinary Panel stipulate otherwise, bans will apply to all cricket, be effective immediately and, for the purpose of totting up the number of breaches within a specified period, will remain on the Respondent’s record for 24 calendar months from the date of the breach.
Level of On-field breach – Level 1
First On-Field breach 1 match ban
Second On-Field Breach, within 24 months 2 match ban
Third On-Field Breach, within 24 months 3 match ban
Level of On-field breach – Level 2
First On-Field breach 2 match ban
Second On-Field Breach, within 24 months 4 match ban
Third On-Field Breach, within 24 months 12 match ban
Level of On-field breach – Level 3
First On-Field breach 6 match ban
Second On-Field Breach, within 24 months 12 match ban
Third On-Field Breach, within 24 months 24 match ban
Level of On-field breach – Level 4
First On-Field breach 10 match ban
Second On-Field Breach, within 24 months 20 match ban
Third On-Field Breach, within 24 months 40 match ban
3. If Adjudicators or Disciplinary Panels prefer, they can stipulate that bans cover:
(a) a specific time period, e.g. one week; and/or
(b) a specific number of days of cricket.
However, it is important for decisions to be clear about the scope of any ban, including when a specific time period starts and ends. See Appendix 4 guidance note 11.
4. The Adjudicator or Disciplinary Panel will take into account all aggravating and mitigating factors when determining the appropriate sanction. The Adjudicator or Disciplinary Panel will determine whether, and to what extent, to depart from the standard sanctions and/or to impose additional or lesser penalties as they deem fit, including (but not limited to) the following, which may be suspended (in full or in part):
All Respondents
(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 League or competition
Clubs
(f) Deduction of a Club’s league points
(g) Expulsion of a Club from a League or competition
(h) Relegation to a lower division of a League
The sanctions described in paragraph 4(a) to 4(h) above can only be imposed on a Club if this is consistent with the rules in place for the relevant League or competition.
5. The Adjudicator or Disciplinary Panel will give consideration to the following aggravating and mitigating factors, as appropriate, to include but not limited to:
Aggravating factors
(a) The ages of the Respondent and any victim at the time of the offence, particularly where the victim was a minor and the Respondent was not.
(b) The profile of the Respondent, 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 Regulations, whilst also carrying out a separate offence under the Regulations.
Mitigating factors
(a) Good previous disciplinary record.
(b) The age of the Respondent 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 Respondent 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 Respondent’s age at the time of the post.