1. In these General Conduct Regulations for Recreational Cricket ("Regulations"):
"Adjudicator" means an individual (who may be one of a group of individuals) appointed by a Relevant Cricket Organisation to have responsibility for the Summary Procedure.
"Appeal Body" means the body appointed by a Relevant Cricket Organisation under Regulation 3(d) which is responsible for dealing with appeals.
"Appeal Hearing" means the hearing at which an appeal will be determined.
"Appeal Panel" means a panel of 3 people, unless otherwise agreed by the parties, appointed from the Appeal Body to deal with any appeal against a decision of an Adjudicator or Disciplinary Panel in accordance with these Regulations.
"Appeal Panel Chair" means a member of the Appeal Body who is the appointed chair of an Appeal Panel in respect of a particular case.
"Appellant" means an individual, Club or League which has issued an appeal to either (i) an Appeal Body in respect of a decision by an Adjudicator or Disciplinary Panel; (ii) a Review Panel in respect of a decision of an Appeal Panel; or (iii) a Recreational Appeal Panel in respect of a decision by a Recreational Discipline Panel.
"Charge Letter" means a letter or email outlining the charge(s) to a Respondent. The Charge Letter will be in the form at Appendix 2 or contain substantially the same categories of information as a minimum.
"Club" means a club which participates in Relevant Recreational Cricket and is affiliated to a Recreational Cricket Board.
"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.
"Cricket Discipline Panel" means the panel of individuals responsible for adjudicating on regulatory cases on behalf of the ECB.
"Cricket Regulator" means the body responsible for investigating and prosecuting breaches of ECB Regulations.
"Disciplinary Officer" means an individual (who may be one of a group of individuals) appointed by a Relevant Cricket Organisation to have responsibility for the disciplinary process under these Regulations when that Relevant Cricket Organisation is acting as the Relevant Disciplinary Body and/or Appeal Body.
"Disciplinary Panel" means a panel of 3 people, unless otherwise agreed by the parties, 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 Procedure Regulations" means the regulations governing the disciplinary procedure for regulatory cases brought before the Cricket Discipline Panel as in force and amended from time to time.
"Disciplinary Report" means a report prepared by an umpire (or captain or Club Official, as outlined in Regulation 8) detailing any alleged On-Field Breach and/or Off-Field Breach. The Disciplinary Report will be in the form at Appendix 1 or contain substantially the same categories of information.
"ECB" means the England and Wales Cricket Board.
"ECB's Anti-Discrimination Regulations" means the ECB's anti-discrimination regulations as in force and amended from time to time, which can be found on the following ECB webpage, along with guidance on the ECB's Anti-Discrimination Regulations: https://www.ecb.co.uk/about/policies/regulations/recreational-cricket.
"ECB GCR" means the General Conduct Regulations which are applicable to ECB Competitions (as defined in the ECB GCR) as in force and amended from time to time.
"ECB Regulations" means the ECB's rules, regulations, playing conditions and codes as published and in force (and as amended and supplemented) from time to time.
"Effective Date" means 1 April 2025.
"Hearing" means a hearing at which any charges against a Respondent are dealt with.
"The Hundred" means the ECB's domestic cricket competition in a "100-ball" format.
"Hundred Team" means any of the teams playing in The Hundred from time to time.
"League" means an ECB Premier League or each league which operates under a Recreational Cricket Board's jurisdiction or which should reasonably have been under its jurisdiction (for example due to that league receiving a benefit from the Recreational Cricket Board).
"Match" means any cricket match in an organised cricket competition or league.
"National County" means any National County Cricket Club which plays in the competitions organised by the NCCA.
"NCCA" means the National Counties Cricket Association.
"Notice of Appeal" means the document submitted to the Disciplinary Officer of the relevant Appeal Body or to the Recreational Discipline Panel Secretary to commence an appeal pursuant to Regulation 40 or 87 (as applicable).
"Off-Field Breach" means an alleged breach of Regulations 11–13. See Appendix 4, guidance note A for further information.
"On-Field Breach" means an alleged breach of Regulations 5–7 and 9–10. See Appendix 4, guidance note A for further information.
"Participant" means (a) any individual who is under the jurisdiction of a Relevant Cricket Organisation, including:
(b) any Club; and (c) any League, except where the surrounding context requires "Participant" to be read as referring to an individual under part (a) of this definition only, or a Club under part (b) of this definition only, or a League under part (c) of this definition only.
See Appendix 4, guidance notes 1 and 2 for further information.
"Professional County Club" means any of the clubs and/or companies from time to time listed in Schedule A to the ECB's articles of association and/or any county cricket club from time to time playing in the County Championship and/or the Tier 1 Competitions and/or the Tier 2 Competitions.
"Professional Cricket" means cricket activities which are carried out by: (i) the England Men's or England Women's teams; (ii) Professional County Clubs or (iii) any Hundred Team.
"Recreational Appeal Hearing" means the hearing at which an appeal from a decision by a Recreational Discipline Panel will be determined.
"Recreational Appeal Panel" means a panel of 3 people (unless otherwise agreed by the parties) appointed from the Recreational Discipline Panel Pool to deal with any appeal against a decision of a Recreational Discipline Panel.
"Recreational Appeal Panel Chair" means any person who has been appointed as a chair of a Recreational Appeal Panel.
"Recreational Conduct Regulations" means the ECB's Recreational Conduct Regulations as in force and amended from time to time.
"Recreational Cricket Board" means a body designated as a Recreational Cricket Board 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.
"Recreational Discipline Panel" means a panel of 3 people (unless otherwise agreed by the parties) appointed from the Recreational Discipline Panel Pool to deal with a disciplinary charge at a Hearing occurring from a Referral under Regulation 17.
"Recreational Discipline Panel Chair" means any person who has been appointed as a chair of a Recreational Discipline Panel.
"Recreational Discipline Panel Pool" means the group of individuals compiled for the purposes of hearing complex cases referred to the Cricket Regulator under Regulation 17 (including any subsequent appeals), reviewing decisions of Appeal Panel Chairs under Regulation 43 and reviewing decisions of Appeal Panels under Regulation 59.
"Recreational Discipline Panel Secretary" means any person appointed from time to time to provide administrative assistance to any Recreational Discipline Panel, Recreational Appeal Panel or Review Panel (including the chairs of those panels). The role of the Recreational Discipline Panel Secretary is purely administrative and has no decision-making powers on a Referral, review of a rejection of a Notice of Appeal, appeal from a decision of a Recreational Discipline Panel or Review.
"Referral" means a Disciplinary Report, Written Complaint or any alleged breach of these Regulations which is brought to the attention of the Relevant Disciplinary Body.
"Relevant Cricket Organisations" means Recreational Cricket Boards, National Counties and ECB Premier Leagues, who are required to adopt these Regulations, and any other cricket organisation which has adopted these Regulations.
"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 notes 15 and B for further information.
"Reportable Criminal Offence" means any offence against a child, any sexual offence, any serious violent offence (ABH or above), any drug offence, any public order offence with an aggravated element, any offence involving harassment or stalking and any offence relating to integrity.
"Relevant Disciplinary Body" means the body appointed by a Relevant Cricket Organisation under Regulation 3(d) who is responsible for conducting disciplinary processes.
"Relevant Recreational Cricket" means all cricket competitions formally organised by Recreational Cricket Boards, the NCCA, ECB Premier Leagues or any Relevant Cricket Organisation which has adopted these Regulations. For the avoidance of doubt, the Tier 3 Competitions fall under the ECB GCR, rather than these Regulations.
"Respondent" means a Participant that is the subject of a disciplinary charge.
"Review Panel" means a panel of 3 individuals (unless otherwise agreed between the parties) appointed from the Recreational Discipline Panel Pool for the purposes of reviewing an Appeal Panel's decision in accordance with Regulations 59–72.
"Review Panel Chair" means the person appointed to chair a Review Panel in accordance with Regulation 63.
"Summary Procedure" means the procedure to determine a disciplinary charge where a Hearing is not required, in accordance with Regulations 22–28.
"Tier 1 Competitions" means any women's domestic cricket competitions designated by the ECB as being a "Tier 1" competition, which, as at the Effective Date, includes the T20 Blast Women's Competition and the One Day Cup Women's Competition.
"Tier 2 Competitions" means any women's domestic cricket competitions designated by the ECB as being a "Tier 2" competition, which, as at the Effective Date, includes the T20 Blast Women's League 2 and the One Day Cup Women's League 2.
"Tier 3 Competitions" means any women's domestic cricket competitions designated by the ECB as being a "Tier 3" competition, which, as at the Effective Date, includes the T20 Blast Women's League 3 and the One Day Cup Women's League 3.
"Written Complaint" means a complaint made by any person detailing an alleged breach of these Regulations at any time in writing.
2. These Regulations come into full force and effect on the Effective Date.
3. From the Effective Date:
See Appendix 4, guidance notes 2 and 4 for further information.
4. 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 Recreational Cricket Board's terms of membership.
5. Any cricketer will 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. Such conduct which will result in a breach of these Regulations will include any misconduct of a cricketer on any match day as specified in Law 42 of the Laws of Cricket, namely:
Level 1
Level 2
Level 3
Level 4
6. A cricketer will also be in breach of these Regulations on and around the field of play if they:
7. Any coach, match official or Club Official will be in breach of these Regulations if they fail to conduct themselves fairly and properly at 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 will include, but not be limited to:
See Appendix 4, guidance notes 3 and A for further information.
8. If an umpire considers that there has been an On-Field Breach, they must (i) make reasonable efforts to inform the individual (or their captain or a Club Official) before they leave the ground and (ii) make a Disciplinary Report to the Disciplinary Officer of the Relevant Disciplinary Body. This Disciplinary Report will 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 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 5 for further information.
9. If any cricketer commits two or more breaches of Regulation 5 or 6 (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 will automatically be a separate offence of failing to ensure that the relevant cricketers have complied with their obligations for each of:
10. Clubs will also be held responsible for disorderly behaviour at any part of the cricket ground on any match day by their members and spectators, unless they can show that:
See Appendix 4, guidance note C for further information.
11. A Participant will be in breach of these Regulations if they commit any misconduct as set out below which either relates to their participation in Relevant Recreational Cricket and/or is of a sufficiently serious nature to justify disciplinary action being taken in relation to their participation in Relevant Recreational Cricket:
See Appendix 4, guidance notes 3, 15 and A for further information.
12. A Club will be in breach of these Regulations if, at any time:
13. A League will be in breach of these Regulations if, at any time, it:
14. Participants are considered responsible for any relevant posts on their social media accounts and may be in breach of Regulations 11 to 13 for posting, repeating, commenting or supporting posts or comments by others (e.g. "retweeting" or "liking") on social media that amount to a conduct breach under Regulations 11 to 13.
See Appendix 4, guidance notes 3, 6 and A for further information.
15. 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 (i) make reasonable efforts to inform the individual (or their captain or a Club Official) before they leave the ground and (ii) make a Disciplinary Report to the Disciplinary Officer of the Relevant Disciplinary Body. 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.
16. If the Relevant Disciplinary Body is aware that the Referral relates to a cricketer who is registered with a Professional County Club or a Hundred Team, the Disciplinary Officer must inform the Cricket Regulator by email to [email protected] that the Referral has been received and provide any further information in respect of the disciplinary process that is requested by the Cricket Regulator.
17. If the Referral is of sufficient complexity, in accordance with Regulation 18 below, the Disciplinary Officer may request the Cricket Regulator to investigate and prosecute the case on behalf of the Relevant Disciplinary Body. The Disciplinary Officer must share the Referral with the Cricket Regulator by email to [email protected] and the Cricket Regulator will confirm within 7 days whether it will accept the Referral. The Cricket Regulator is under no obligation to accept the Referral, whether on the basis that the Referral does not meet the applicable threshold, has not been submitted by a Relevant Disciplinary Body which falls under the jurisdiction of the ECB or otherwise. If the Cricket Regulator does not accept the Referral, the Disciplinary Officer must adopt the process set out in these Regulations.
18. For the purposes of Regulation 17, the following cases will be considered to be of sufficient complexity for the Disciplinary Officer to share the Referral with the Cricket Regulator:
In determining whether to accept a Referral, the Cricket Regulator will consider whether it has jurisdiction to act in terms of whether the alleged misconduct took place on or around the field of play, or relates to a Participant's participation in Relevant Recreational Cricket or is of a sufficiently serious nature to justify disciplinary action being taken in relation to their participation in Relevant Recreational Cricket.
19. Following receipt of a Referral, a Disciplinary Officer must consider whether there is sufficient information and/or grounds to charge the relevant Participant with a breach of these Regulations. If further information is required, the Disciplinary Officer will conduct any further investigation that is necessary.
20. If there is sufficient information and/or grounds, the Disciplinary Officer will issue a Charge Letter to the Respondent or the Respondent's Club to share with the Respondent. If there is not, the Disciplinary Officer will inform the individual who submitted the Referral that no further action will be taken.
21. If the Disciplinary Officer decides that the matter does not require a Hearing, the Disciplinary Officer may refer the matter to be considered under the Summary Procedure and the process in Regulations 22–28 will apply. If the Disciplinary Officer decides that the matter does require a Hearing, the process in Regulations 29–39 will apply.
See Appendix 4, guidance notes 7, 8 and D for further information.
22. The Disciplinary Officer must provide the Charge Letter to the Adjudicator. If the Adjudicator considers that the matter is not appropriate for the Summary Procedure, the Adjudicator can refer the matter for a Hearing, in which case the process in Regulations 29–39 will apply but the Adjudicator will not form part of the Disciplinary Panel.
23. The Disciplinary Officer must then confirm to the Respondent (either in the Charge Letter or separately) the identity of the Adjudicator.
24. If the Respondent objects to the Adjudicator on the basis of a conflict of interest, the Disciplinary Officer must consider whether to appoint an alternative Adjudicator to consider the conflict of interest and/or as the Adjudicator in relation to the case.
25. The Adjudicator 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.
26. The Adjudicator will consider the charge and determine whether, on the balance of probabilities, there has been a breach of these Regulations.
27. If the Adjudicator decides that there has been a breach of these Regulations, they will impose a sanction in accordance with the sanction guidelines in Appendix 3.
28. The Adjudicator's decision will be communicated to the Respondent (and, where applicable, the Respondent's Club) in writing.
See Appendix 4, guidance notes 8, 10 and 13 for further information.
29. The Disciplinary Officer will appoint a Disciplinary Panel Chair, who in turn will appoint a Disciplinary Panel, and the Disciplinary Officer will arrange a Hearing. The Disciplinary Officer will confirm to the Respondent (either in the Charge Letter or separately) the identity of the Disciplinary Panel members, where and when the Hearing will take place and, if the Hearing will take place virtually rather than in person, by what means. If the Respondent is unable to attend a Hearing at that date or time, the Disciplinary Officer will attempt to reschedule the Hearing.
30. 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.
31. 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.
32. 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.
See Appendix 4, guidance notes 9, 17 and E for further information.
33. In exceptional circumstances, the Disciplinary Panel Chair may suspend a Respondent from participating in cricket until the Hearing has concluded. If so, the Disciplinary Panel Chair will give the Respondent the opportunity to give written submissions on why it would not be appropriate to suspend the Respondent and consider those submissions before making any decision. Any suspension which has been ordered by the Disciplinary Panel Chair (or otherwise issued) will be taken into account by the Disciplinary Panel when considering what sanctions to impose in accordance with Regulation 36.
See Appendix 4, guidance note I for further information.
34. 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 (or their representative) will be entitled to provide oral submissions at the Hearing if they wish to do so.
See Appendix 4, guidance notes 9, 17 and F for further information.
35. 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 10 for further information.
36. 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 in Appendix 3.
37. Unless otherwise stipulated in the Disciplinary Panel's decision, any ban which is imposed by a Disciplinary Panel will apply to the Respondent's next match (or matches) following receipt of the decision by the Respondent or Respondent's Club, whichever is sooner, regardless of whether the match is in an ECB Competition.
38. Unless the Disciplinary Panel directs otherwise, the parties will bear their own costs of preparing for and attending a Hearing.
See Appendix 4, guidance note 12 for further information.
39. 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 applicable, the Respondent's Club) in writing following the Hearing.
See Appendix 4, guidance note 13 for further information.
40. Any decision made by an Adjudicator or a Disciplinary Panel may be appealed by the Respondent. In order to commence an appeal, the Appellant will submit:
to the Disciplinary Officer of the Appeal Body within 7 days of receipt of the decision in writing.
See Appendix 4, guidance notes 14 and G for further information.
41. The Notice of Appeal must contain at least one of the following grounds of appeal:
42. The Disciplinary Officer will appoint an Appeal Panel Chair to determine whether the Notice of Appeal identifies sufficient grounds for an appeal. The Appeal Panel Chair will notify the Respondent (and, where applicable, the Respondent's Club) and the Disciplinary Officer of the Relevant Disciplinary Body of their decision in writing.
43. Where the Appeal Panel Chair rejects the Notice of Appeal, the Respondent may refer the matter to a Recreational Discipline Panel Chair for review of that decision, via the Recreational Discipline Panel Secretary, by sharing the Notice of Appeal and Appeal Panel Chair's written decision by email to [email protected] within 3 days of receipt of the decision.
44. The Recreational Discipline Panel Chair will confirm within 7 days whether it will accept the request. The Recreational Discipline Panel Chair is under no obligation to accept the Respondent's request, whether on the basis that the request does not disclose sufficient information to suggest that the Appeal Panel Chair's decision was wrong, has not been submitted in respect of an Appeal Body that falls under the jurisdiction of the ECB or otherwise.
45. If the Recreational Discipline Panel Chair does not accept the request, the Appeal Panel Chair's decision stands and there is no further right of review or appeal.
46. If the Recreational Discipline Panel Chair accepts the request, they will move on to review the Appeal Panel Chair's decision on the basis of the written documents only. If the Recreational Discipline Panel Chair determines that, on the balance of probabilities, the Notice of Appeal identifies sufficient grounds for an appeal, the Recreational Discipline Panel Chair will remit the matter back to the Disciplinary Officer of the Appeal Body, who must proceed to arrange for the appeal to be heard in accordance with Regulation 48. If the Recreational Discipline Panel Chair decides against the Respondent, the Appeal Panel Chair's decision stands and there is no further right of review or appeal.
47. Where a Recreational Discipline Panel Chair remits a matter back to be heard as an appeal following the decision of an Appeal Panel Chair not to allow an appeal to proceed, an alternative Appeal Panel Chair must be appointed from that which rejected the appeal under Regulation 43.
48. If there are sufficient grounds for an appeal, or if required by Regulation 46, the Disciplinary Officer of the Appeal Body will appoint an Appeal Panel and arrange an Appeal Hearing. No individual who was appointed as the Adjudicator or as a member of the original Disciplinary Panel or who has otherwise been involved in the case will be appointed to the Appeal Panel, save that the Appeal Panel Chair that allowed the appeal to proceed to an Appeal Hearing following review of the Notice of Appeal may be a member of the Appeal Panel. The Disciplinary Officer of the Appeal Body will confirm to the Appellant the identity of the Appeal Panel members, where and when the Appeal Hearing will take place and, if the Appeal Hearing will take place virtually rather than in person, by what means. If the Appellant is unable to attend the Appeal Hearing at that date or time, the Disciplinary Officer of the Appeal Body will attempt to reschedule the Appeal Hearing.
See Appendix 4, guidance note 14 for further information.
49. Unless otherwise determined by the Appeal Panel Chair (following consideration of any written submissions from the Respondent), any sanction imposed by an Adjudicator or Disciplinary Panel will not come into effect until the appeal has been determined.
50. 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.
51. The Appeal Panel Chair will set the Relevant Disciplinary Body a reasonable timeframe in which to respond to the Notice of Appeal in writing, if it so wishes, and set any other directions for the exchange of information and/or evidence that the Appeal Panel Chair considers appropriate.
See Appendix 4, guidance notes 14, 17 and H for further information.
52. Unless the appeal is brought under Regulation 41(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 41(c), if the Appeal Panel determines that the fresh evidence is admissible the Appeal Panel will consider whether to rehear the case in full.
53. 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 Appeal Hearing if they wish to do so.
See Appendix 4, guidance notes 17 and J for further information.
54. 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 10 for further information.
55. If the appeal is allowed (in whole or in part), the Appeal Panel may disapply the sanction imposed by the Adjudicator or Disciplinary Panel or issue a new sanction in accordance with the sanction guidelines in Appendix 3. If the appeal is dismissed, the sanction imposed by the Adjudicator or Disciplinary Panel will remain in place.
56. Unless otherwise stipulated in the Appeal Panel's decision, any ban which is imposed or maintained by an Appeal Panel will apply to the Respondent's next match (or matches) following receipt of the decision by the Respondent or Respondent's Club, whichever is sooner, regardless of whether the match is in an ECB Competition.
57. 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 will be paid on top of the appeal fee referred to in Regulation 40).
See Appendix 4, guidance notes 12 and K for further information.
58. Wherever possible, the Appeal Panel Chair will communicate the decision and any sanction to the parties verbally at the end of the Appeal Hearing. The Appeal Panel's decision will also be confirmed to the parties (and, where applicable, the Appellant's Club) in writing following the Appeal Hearing. Where the Appeal Body is a League, decisions of the Appeal Panel must also be provided to the Disciplinary Officer of the relevant Recreational Cricket Board to which the League is affiliated.
See Appendix 4, guidance note 13 for further information.
59. If an appeal is dismissed, the unsuccessful Appellant may make a request to the Recreational Discipline Panel Secretary to appoint a Review Panel to review the decision of the Appeal Panel (the "Review").
60. The sole ground on which such a request can be made is that there was a serious procedural irregularity affecting the Appeal Panel's decision which significantly impacted the Appellant's rights and caused the Appeal Panel's decision to be unjust (the "Sole Ground of Review").
61. Any request to the Recreational Discipline Panel Secretary under Regulation 59 must be made within 7 days of receipt by the Appellant of the Appeal Panel's decision in writing, and must include:
together, the "Notice of Review".
62. The Notice of Review must be sent to the Recreational Discipline Panel Secretary by email to [email protected], with a copy sent to the relevant Appeal Body whose Appeal Panel's decision is being challenged.
63. The Recreational Discipline Panel Secretary will appoint a Review Panel Chair who will confirm within 7 days whether the request for a Review will be accepted. The Review Panel Chair is under no obligation to accept the request, whether on the basis that the Sole Ground of Review is clearly not satisfied, the decision has not been made by an Appeal Panel on behalf of an Appeal Body which falls under the jurisdiction of the ECB or otherwise. If the Review Panel Chair does not accept the request, the Appeal Panel's decision will stand and there is no further right of review or appeal.
64. If the Review Panel Chair accepts the request for a Review, the Review Panel Chair will appoint a Review Panel to determine the Review. No individual who has previously been involved with the case will be appointed to the Review Panel, save that the Review Panel Chair that accepted the request may be a member of the Review Panel.
65. Unless otherwise ordered by the Review Panel Chair, any sanction upheld or otherwise imposed by the Appeal Panel will not come into effect until the Review has been determined.
66. The Review Panel Chair will set the Appeal Body a reasonable timeframe in which to respond to the Notice of Review in writing, if it so wishes, and set any other directions for the exchange of information and/or evidence that they consider appropriate. The Review Panel may adopt such procedure as it considers appropriate, which may include considering the matter on written evidence/submissions alone or hearing oral submissions from the parties (or their representatives).
67. The Review Panel will consider the matter (in private) and determine whether, on the balance of probabilities, the Sole Ground of Review is made out. Any decision of the Review Panel will be taken by majority vote, with the Review Panel Chair having a casting vote in the event of a tie.
68. If the Review Panel decides that the Sole Ground of Review has been made out, the Appeal Panel's decision will be set aside and either:
69. If the Review Panel decides that the Sole Ground of Review has not been made out, the decision of the Appeal Panel will remain in place and any ban which was imposed or maintained will apply to the Appellant's next match (or matches) following receipt of the Review Panel's decision by the Respondent or Respondent's Club, whichever is sooner.
70. The Review Panel Chair will decide whether to make a costs order and whether the Appeal Body will be required to refund the Appellant's original appeal fee.
71. The Review Panel's decision will be delivered to the parties in writing (and, where relevant, may be shared with the Appellant's Club). Where the Review involves an Appeal Body that is a League, decisions of the Review Panel may also be provided to the Disciplinary Officer of the relevant Recreational Cricket Board to which the League is affiliated.
72. Any decision of the Review Panel is final and binding, and there is no further right of review or appeal.
73. Following a Referral being accepted by the Cricket Regulator under Regulation 17 of these Regulations, the Cricket Regulator will consider whether there is sufficient information and/or grounds to charge the relevant Participant with a breach of these Regulations. If further information is required, the Cricket Regulator will conduct (either internally or via a third party) any further investigation that is necessary.
74. If there is sufficient information and/or grounds, the Cricket Regulator will issue a Charge Letter to the Respondent or the Respondent's Club to share with the Respondent. If there is not, the Cricket Regulator will inform the individual who submitted the Referral that no further action will be taken.
75. The Cricket Regulator will instruct the Recreational Discipline Panel Secretary to appoint a Recreational Discipline Panel Chair, who in turn will appoint a Recreational Discipline Panel.
76. The Recreational Discipline Panel Secretary will arrange a Hearing. The Recreational Discipline Panel Secretary will confirm to the Respondent (either in the Charge Letter or separately) the identity of the Recreational Discipline Panel members, where and when the Hearing will take place and, if the Hearing will take place virtually rather than in person, by what means. If the Respondent is unable to attend a Hearing at that date or time, the Recreational Discipline Panel Secretary will attempt to reschedule the Hearing.
77. If the Respondent objects to any member of the Recreational Discipline Panel on the basis of a conflict of interest, it will be resolved by the Recreational Discipline Panel Chair unless the potential conflict has been raised in respect of the Recreational Discipline Panel Chair in which case the Recreational Discipline Panel Secretary will consider whether to appoint an alternative Recreational Discipline Panel Chair to consider the conflict of interest and/or be appointed to the Recreational Discipline Panel.
78. In appropriate circumstances, including if the Respondent is not contesting the charge or does not wish to attend a Hearing, the Recreational Discipline Panel Chair may direct that the charge be considered by the Recreational Discipline 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.
79. The Recreational Discipline 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 Recreational Discipline Panel Chair considers appropriate.
80. In exceptional circumstances, the Recreational Discipline Panel Chair may suspend a Respondent from participating in cricket until the Hearing has concluded. If so, the Recreational Discipline Panel Chair will give the Respondent the opportunity to give written submissions on why it would be inappropriate to suspend the Respondent and consider those submissions before making any decision. Any suspension which has been ordered by the Recreational Discipline Panel Chair (or otherwise issued) will be taken into account by the Recreational Discipline Panel when considering what sanctions to impose in accordance with Regulation 83.
81. At the outset of any Hearing, the Recreational Discipline Panel Chair will confirm how the Recreational Discipline Panel would like the Hearing to proceed, and in particular how the case should be presented (and by whom). The Respondent (or their representative) will be entitled to provide oral submissions at the Hearing if they wish to do so.
82. At the end of any Hearing, the Recreational Discipline 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 Recreational Discipline Panel will be taken by majority vote, with the Recreational Discipline Panel Chair having a casting vote in the event of a tie.
83. If the Recreational Discipline Panel decides that there has been a breach of these Regulations, it will impose a sanction in accordance with the sanction guidelines in Appendix 3.
84. Unless otherwise stipulated in the Recreational Discipline Panel's decision, any ban which is imposed by a Recreational Discipline Panel will apply to the Respondent's next match (or matches) following receipt of the decision by the Respondent or Respondent's Club, whichever is sooner, regardless of whether the match is in an ECB Competition.
85. Unless the Recreational Discipline Panel directs otherwise, the parties will bear their own costs of preparing for and attending a Hearing.
86. Wherever possible, the Recreational Discipline Panel Chair will communicate the decision and any sanction to the parties verbally at the end of the Hearing. The Recreational Discipline Panel's decision will also be confirmed to the parties (and, where applicable, the Respondent's Club) in writing following the Hearing.
87. Subject to Regulation 68(ii), any decision made by a Recreational Discipline Panel may be appealed by the Respondent. In order to commence an appeal, the Appellant must submit:
to the Recreational Discipline Panel Secretary within 7 days of receipt of the decision in writing.
88. The Notice of Appeal must contain at least one of the following grounds of appeal:
89. The Recreational Discipline Panel Secretary will appoint a Recreational Appeal Panel Chair to determine whether the Notice of Appeal identifies sufficient grounds for an appeal. The Recreational Appeal Panel Chair will notify the Appellant (and, where applicable, the Appellant's Club) and the Cricket Regulator of their decision in writing.
90. Where the Recreational Appeal Panel Chair rejects the Notice of Appeal, the sanction imposed by the Recreational Discipline Panel will remain in place and there is no further right of review or appeal.
91. If there are sufficient grounds for an appeal to proceed, the Recreational Appeal Panel Chair will appoint a Recreational Appeal Panel and notify the Recreational Discipline Panel Secretary, who will arrange a Recreational Appeal Hearing. No individual who was appointed as a member of the original Recreational Discipline Panel or who has otherwise been involved in the case will be appointed to the Recreational Appeal Panel, save that the Recreational Appeal Panel Chair who initially reviewed the Notice of Appeal may be a member of the Recreational Appeal Panel.
92. The Recreational Discipline Panel Secretary will confirm to the Appellant the identity of the Recreational Appeal Panel members, where and when the Recreational Appeal Hearing will take place and, if it will take place virtually rather than in person, by what means. If the Appellant is unable to attend the Recreational Appeal Hearing at that date or time, the Recreational Discipline Panel Secretary will attempt to reschedule the Recreational Appeal Hearing.
93. If the Appellant objects to any member of the Recreational Appeal Panel on the basis of a conflict of interest, it will be resolved by the Recreational Appeal Panel Chair unless the potential conflict has been raised in respect of the Recreational Appeal Panel Chair in which case the Recreational Discipline Panel Secretary will consider whether to appoint an alternative Recreational Appeal Panel Chair to consider the conflict of interest and/or be appointed to the Recreational Appeal Panel.
94. Unless otherwise determined by the Recreational Appeal Panel Chair (following consideration of any written submissions from the Appellant), any sanction imposed by a Recreational Discipline Panel will not come into effect until the appeal has been determined.
95. The Recreational Appeal Panel Chair will set the Cricket Regulator a reasonable timeframe in which to respond to the Notice of Appeal in writing, if it so wishes, and set any other directions for the exchange of information and/or evidence that they consider appropriate.
96. Unless the appeal is brought under Regulation 88(c), the Appellant has no right to a rehearing of the case and the Recreational Appeal Panel will consider whether the grounds of appeal have been made out. If an appeal is brought under Regulation 88(c), if the Recreational Appeal Panel determines that the fresh evidence is admissible the Recreational Appeal Panel will consider whether to re-hear the case in full.
97. At the outset of the Recreational Appeal Hearing, the Recreational Appeal Panel Chair will confirm how the Recreational Appeal Panel would like the hearing to proceed, and in particular how the case should be presented (and by whom). The parties (or their representatives) will be entitled to provide oral submissions at the hearing if they wish to do so.
98. The Recreational Appeal Panel will consider the appeal (in private) at the end of the hearing and determine whether, on the balance of probabilities, the appeal should be allowed (in whole or in part). Any decision of the Recreational Appeal Panel will be taken by majority vote, with the Recreational Appeal Panel Chair having a casting vote in the event of a tie.
99. If the appeal is allowed (in whole or in part), the Recreational Appeal Panel may disapply the sanction imposed by the Recreational Discipline Panel or issue a new sanction in accordance with the sanction guidelines in Appendix 3. If the appeal is dismissed, the sanction imposed by the Recreational Discipline Panel will remain in place.
100. Unless otherwise stipulated in the Recreational Appeal Panel's decision, any ban which is imposed or maintained by the Recreational Appeal Panel will apply to the Appellant's next match (or matches) following receipt of the decision by the Appellant or Appellant's Club, whichever is sooner, regardless of whether the match is in an ECB Competition.
101. The Recreational 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 Recreational Appeal Panel will be limited to £1,000 (which will be paid on top of the appeal fee referred to in Regulation 87).
102. Wherever possible, the Recreational Appeal Panel Chair will communicate the decision and any sanction to the parties verbally at the end of the Recreational Appeal Hearing. The Recreational Appeal Panel's decision will also be confirmed to the parties (and, where applicable, the Appellant's Club) in writing following the Recreational Appeal Hearing. Where a Referral originally came from a League, decisions of the Recreational Appeal Panel may also be provided to the Disciplinary Officer of the relevant Recreational Cricket Board to which the League is affiliated.
103. Any decision of a Recreational Appeal Panel is final and binding and there is no further right of appeal or review.
104. The Disciplinary Officer of the Relevant Disciplinary Body and/or Appeal Body and the Recreational Discipline Panel Secretary (as applicable) will communicate any sanction imposed or upheld by any Adjudicator, Disciplinary Panel, Appeal Panel, Recreational Discipline Panel, Recreational Appeal Panel or Review Panel under these Regulations to any League that they are aware the Respondent participates in (including any league run by a Recreational Cricket Board) and the Cricket Regulator in respect of any Respondent in Professional Cricket.
105. Any ban which is imposed under these Regulations will be applicable to all cricket, which may require it to be served in a Match (or Matches) which are not in the same league or competition that the disciplinary incident arose in (including in Professional Cricket).
106. All Participants, cricket organisations and the ECB (subject to the specific provisions in the Disciplinary Procedure Regulations) will immediately recognise, give effect to and fully enforce any sanction(s) which have been imposed under these Regulations, the Recreational Conduct Regulations, the ECB GCR or the Disciplinary Procedure Regulations and which they have been notified about.
107. Where the incident(s) leading to any charge relating to conduct occurred when any other disciplinary regulations were in force, then:
108. Leagues and Clubs will maintain a record of all disciplinary decisions and, where applicable, sanctions imposed.
The Disciplinary Officer of the Relevant Disciplinary Body 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 Relevant Disciplinary Body's 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). Please continue on separate sheet if necessary. Please 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 | |
[ENCLOSE COPY OF PRIVACY NOTICE OF RELEVANT DISCIPLINARY BODY]
[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 Disciplinary Body's Privacy Notice which explains how personal data in this matter will be used]:
[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
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:
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.
Yours sincerely
[INSERT NAME OF DISCIPLINARY OFFICER AND RELEVANT CRICKET ORGANISATION]
Encl. [ENCLOSE COPY OF GCR AND PRIVACY NOTICE OF RELEVANT DISCIPLINARY BODY]
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 | First On-Field breach | Second On-Field Breach (within 24 months) | Third On-Field Breach (within 24 months) |
|---|---|---|---|
| Level 1 | 1 match ban | 2 match ban | 3 match ban |
| Level 2 | 2 match ban | 4 match ban | 12 match ban |
| Level 3 | 6 match ban | 12 match ban | 24 match ban |
| Level 4 | 10 match ban | 20 match ban | 40 match ban |
3. If Adjudicators or Disciplinary Panels prefer, they can stipulate that bans cover:
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
Clubs
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
Mitigating factors
A. The on-field behaviour listed in Regulation 5 mirrors the conduct provisions in the Laws of Cricket and additional conduct provisions have been included in Regulations 6–7 and 9–13. Relevant Cricket Organisations can stipulate that additional categories of on-field and/or off-field behaviour will constitute an On-Field Breach or an Off-Field Breach in accordance with the version of these Regulations that they adopt. If so, the Regulations and definition of On-Field Breach and Off-Field Breach should be amended accordingly. For the avoidance of doubt, Relevant Cricket Organisations cannot exclude any of the categories of on-field or off-field behaviour which fall within the definition of On-Field Breach or Off-Field Breach in these Regulations.
B. Relevant Cricket Organisations can stipulate that players under their jurisdiction are obliged to report additional categories of offence to them. If so, the definition of Relevant Criminal Offence should be amended accordingly.
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 "Participant"), 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.
2.1. These Regulations do not apply to competitions organised by Professional County Clubs, including any academy fixtures, nor the Tier 3 Competitions.
2.2. If a Recreational Cricket Board or National County arranges or participates in ad hoc or friendly matches that do not form part of a formal competition structure, these Regulations will not apply to those fixtures and the Recreational Conduct Regulations will apply instead.
2.3. These Regulations also do not apply to competitions organised by University Centres of Cricketing Excellence or Colleges of Sport.
2.4. The ECB GCR will apply to any competitions organised by the ECB, including County Age Group and Emerging Player Programme fixtures.
3.1. The ECB's Anti-Discrimination Regulations can be found on the following ECB webpage, along with guidance on the ECB's Anti-Discrimination Regulations: https://www.ecb.co.uk/about/policies/regulations/recreational-cricket.
3.2. Although every case will be considered on its facts, the starting position is that all On-Field Offences which involve an alleged breach of the ECB's Anti-Discrimination Regulations should be considered equivalent to a Level 3 breach and charged accordingly. The Disciplinary Officer and/or the Disciplinary Panel may consider that an alleged breach of the ECB's Anti-Discrimination Regulations in a particular case is not equivalent to a Level 3 breach, based on the severity of the alleged conduct, and charge and/or sanction on that basis.
4.1. Relevant Cricket Organisations are responsible for implementing the disciplinary processes contained in these Regulations in respect of those Participants that are under their jurisdiction. In the case of Recreational Cricket Boards, this will be those Participants that commit On-Field Breaches and Off-Field Breaches in any competitions organised by a Recreational Cricket Board, as well as Off-Field Breaches committed by Participants where there is no obvious connection with any other Relevant Cricket Organisation. An example of the latter might be where a cricketer at a Club which is affiliated to a Recreational Cricket Board posts something discriminatory on social media in the close season. Relevant Cricket Organisations may make other arrangements delegating responsibility for cases that fall within their jurisdiction, as described in paragraph 4.2 below.
4.2. Relevant Cricket Organisations may already have structures in place where there is an agreed division of responsibility between Clubs, Leagues and Recreational Cricket Boards about which categories of case will be determined by which entity. Whilst the ECB would prefer for there to be consistency in this across the game, we appreciate that in many cases these systems are operating effectively and therefore are not seeking to disrupt this approach at this stage. However, in order for these Regulations to be effective it is crucial that there is consistency of process, procedure and approach to sanctions. Accordingly, Relevant Cricket Organisations who wish to retain that existing structure will not be in breach of these Regulations provided that whichever Club, League and/or Recreational Cricket Board has jurisdiction over a particular category of cases complies with the requirements in relation to the disciplinary and/or appeals process as set out in these Regulations.
4.3. Relevant Cricket Organisations should consider, and clearly stipulate to all Participants:
5.1. 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 did not see but which would constitute an offence if the umpire had seen it.
5.2. Disciplinary Reports and Written Complaints should include a description of the alleged breach including:
5.3. A Relevant Disciplinary Body may become aware of a potential or alleged breach of these Regulations by other means than a Disciplinary Report or Written Complaint, for example by identifying an inappropriate social media post which has not been independently referred to it. Notwithstanding the fact that the Relevant Disciplinary Body has not received a Disciplinary Report or Written Complaint, the Relevant Disciplinary Body may consider this conduct in accordance with the process set out in these Regulations.
5.4. Relevant Cricket Organisations may wish to stipulate in the version of these Regulations that they adopt, that there should be a deadline for Disciplinary Reports to be made.
5.5. Where an action (or inaction) is determined to be "prejudicial to the 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 Regulations 5, 6(a)–(b), 7(a)–(d), 7(f), 11(a)–(f), or 11(h)–(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.
C. Relevant Cricket Organisations can impose more rigorous conduct obligations for captains or Clubs if they wish. However, they cannot impose less rigorous conduct obligations for captains or Clubs than are set out in these Regulations.
6.1. 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 Regulations 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.
6.2. If a Participant is alleged to have breached Regulations 11–13 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 Adjudicator or Disciplinary Panel.
7.1. Following receipt of a Referral, the Disciplinary Officer may conduct any 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.
7.2. Once any additional investigation is carried out, if a Disciplinary Officer decides that there is sufficient information to charge the Participant 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.
D. Relevant Cricket Organisations may decide that all cases should be determined at a Hearing and therefore disapply the Summary Procedure at Regulations 22–28. This should be clearly reflected in the version of the Regulations that the Relevant Cricket Organisation adopts.
8.1. Relevant Cricket Organisations may decide that it is not necessary for lower-level offences to be determined by a Disciplinary Panel at a Hearing. By way of example, it may be appropriate for on-field offences at Level 1 and Level 2, or off-field offences which would constitute a Level 1 or Level 2 offence if they had been carried out on the field (e.g. dissent), to be determined using the Summary Procedure rather than at a Hearing. However, on-field offences at Level 3 and Level 4 and all other off-field offences should be determined by a Disciplinary Panel. Where the sanction potentially available is significant, for example a third Level 2 on-field breach within 24 months resulting in a 12-match ban, the case should be determined by a Disciplinary Panel rather than under the Summary Procedure.
8.2. If a Relevant Cricket Organisation decides to adopt the Summary Procedure, it should adopt clear internal guidelines on the types of cases that should be determined at a Hearing and the types of cases that should be determined using the Summary Procedure. These guidelines should then be applied consistently to all cases the Relevant Cricket Organisation has to deal with.
9.1. 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.
9.2. Any Hearing should be arranged in a timely manner. As the matters brought under the Regulations will likely involve volunteers in most instances, this 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. Although a Hearing may be rescheduled if the Respondent is not able to attend at the original date or time, this is designed to ensure that the Respondent is given an opportunity to attend and will not be used by the Respondent as a way to unreasonably delay proceedings. If the Disciplinary Officer feels that the Respondent is seeking to unreasonably delay proceedings (for example, if they have requested multiple postponements of the Hearing without very good reason) they will take this into account when deciding whether to agree to the Respondent's request to reschedule the Hearing.
9.3. It may be appropriate for Relevant Disciplinary Bodies to seek to ensure that they arrange a Hearing within 28 days of the Charge Letter. However, this timeframe may not be appropriate in all cases and a shorter timeframe may be considered more expedient in the interests of the case. A longer timeframe may also be considered in extremely complex cases.
9.4. 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 Disciplinary Panel 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:
9.5. Although it is a matter for the Disciplinary Panel 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 Disciplinary Panel Chair should make clear that the parties will have the opportunity to raise any matters they consider relevant to determining whether the charge(s) can be made out and allow for an appropriate length of Hearing to provide sufficient time for this.
9.6. 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).
9.7. The Disciplinary Panel Chair and Disciplinary Panel should:
9.8. Disciplinary Panels should seek to ensure that decisions are produced within 7 days of the respective Hearing.
E. Relevant Cricket Organisations may stipulate a set timeframe for the Respondent to respond to the Charge Letter, provided that the Disciplinary Panel Chair will have the power to grant the Respondent additional time to respond to the Charge Letter in appropriate circumstances.
F. Relevant Cricket Organisations may stipulate how a Hearing will typically proceed, provided that the Disciplinary Panel Chair will have the power to alter these directions in appropriate circumstances.
10.1. Adjudicators, Disciplinary Panels and Appeals Panels will determine matters on the "balance of probabilities". This means that when the Adjudicator or relevant 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 Adjudicator or relevant panel do not have to be absolutely sure that it took place but satisfied that it is more likely that it did.
11.1. As noted in Appendix 3, it is important for decisions to be clear about the scope of any ban, including when a specific time period starts and ends. In the interests of clarity, it is therefore suggested that Disciplinary Panels and Appeal Panels adopt the following template wording, amended as appropriate for the circumstances:
"The [Disciplinary Panel/Appeal Panel] imposes a [X match ban]. This ban will apply to all cricket, be effective immediately and remain on [the Respondent's] record for 24 calendar months from the date of the breach. The ban will therefore be served in the next [Match/X Matches] [Respondent] is due to participate in, regardless of whether [that match/those Matches] [is/are] in an ECB Competition."
OR
"The [Disciplinary Panel/Appeal Panel] imposes a ban of [X days], which will commence on [Y] and end on [Z] (the "Period"). This ban will apply to all cricket, be effective immediately and remain on [the Respondent's] record for 24 calendar months from the date of the breach. The ban will therefore apply to any matches [the Respondent] is due to participate in during the Period, regardless of whether [that match/those matches] [is/are] in an ECB Competition."
12.1. 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 Respondent against whom the Referral has been made may be reimbursed for reasonable costs as the Disciplinary Panel deems appropriate.
12.2. 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.
12.3. All parties are encouraged to keep costs to a minimum and the Appeal Panel Chair will take any unreasonable incurring of costs by either party into account when determining whether to require one party to pay more of the additional costs.
13.1. Relevant Cricket Organisations may wish to publish the outcome of disciplinary cases concluded under these Regulations on their websites. However, before doing so, Relevant Cricket Organisations should consider the data protection implications of publishing information about Respondents on a public forum.
14.1. If the Notice of Appeal or required administrative fee is not submitted within 7 days, the appeal will not proceed unless there are reasons justifying otherwise, which will 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 Appeal Body may choose to refund all or part of the fee in accordance with Regulation 57.
14.2. 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 9 of this guidance) will also apply to Appeal Hearings.
G. An Appeal Body may stipulate an appropriate fee in respect of appeals. The maximum fee that would be considered appropriate is £150, but the Appeal Body may stipulate a lower figure. An Appeal Body may also stipulate a different timeframe for a Notice of Appeal to be filed.
H. An Appeal Body may stipulate a set timeframe for the Relevant Disciplinary Body to respond to the Notice of Appeal, if it chooses to do so, provided that the Appeal Panel Chair will have the power to grant the Relevant Disciplinary Body additional time to respond to the Notice of Appeal in appropriate circumstances.
I. It may be appropriate for the Disciplinary Panel Chair to suspend a Respondent from participating in cricket until the Hearing has concluded, or the Appeal Panel Chair to impose a sanction imposed by a Disciplinary Panel until an appeal has concluded, where the allegations which have been made are serious, the sanctions imposed (or likely to be imposed) are severe and it would potentially bring the sport into disrepute for the Respondent to participate in cricket whilst the disciplinary process is ongoing.
J. An Appeal Body may stipulate how an Appeal Hearing will typically proceed, provided that the Appeal Panel Chair will have the power to alter these directions in appropriate circumstances.
K. An Appeal Body may stipulate a different limit for any award of costs.
15.1. In instances where a Participant discloses a Relevant Criminal Offence, in accordance with Regulation 11, the Relevant Cricket Organisation receiving that disclosed information must abide by its duty of confidentiality and all applicable data protection laws.
15.2. 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.
15.3. Full information about the relevant ECB contacts for referring any safeguarding concerns can be found here: https://www.ecb.co.uk/about/policies/safeguarding.
16.1. The UK GDPR and the Data Protection Act 2018 are the primary data protection legislation in the United Kingdom. It is a legal requirement for all Relevant Cricket Organisations (including Disciplinary Panels and Appeal Panels) to comply with data protection law when processing personal data. If Relevant Cricket Organisations do not comply with their obligations under data protection law, the Information Commissioner can impose various sanctions on the Relevant Cricket Organisation including preventing the use of the personal data and/or imposing a significant financial penalty on the Relevant Cricket Organisation. Relevant Cricket Organisations may wish to obtain independent legal advice to ensure they meet their obligations.
16.2. The UK GDPR provides that, where personal data is obtained, the person or organisation receiving the personal data must provide transparency 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.
16.3. 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. The UK GDPR provides a list of what information must be included in a privacy notice, but in the context of these Regulations it will be important to explain the collection, processing, disclosure and use of information relating to the particular individual and their activities. In particular, this should address the conduct of any applicable disciplinary procedures and any associated issuing and recognition of penalties. Independent legal advice should be sought on this point where necessary.
16.4. A template privacy notice, which can be adopted and amended as appropriate for use by Relevant Cricket Organisations, appears in Appendix 5. The privacy notice should be provided to each person whose personal data is obtained, either at the point that their data is obtained or, if the personal data is not obtained directly from the individual, within a reasonable period (e.g. when the relevant Participant is notified of any allegation made against them).
17.1. 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 or adults at risk can be found on the ECB's website: https://www.ecb.co.uk/about/policies/safeguarding/kit-bag-resources.
17.2. Reasonable adjustments should be made for anyone with a disability. Whilst the reasonable adjustments that may be required will differ depending on the nature of the disability, we have set out below some examples of the ways in which a person's disability may affect the application of these Regulations and practical steps that can be taken to assist when such issues arise:
This Template privacy notice and Guidance Notes provide an outline of the key things your Cricket Organisation will need to set out to satisfy the transparency obligations in data protection law when obtaining personal data.
This is a summary guide to the ECB's suggested approach only. It is provided to you merely to give you an introduction to some of the things your Cricket Organisation should tell individuals when obtaining their personal data.
It does not include a full list of the things you have to do to satisfy the rules and should not be relied on as a substitute for specific legal, financial and/or other advice, which will vary according to your Cricket Organisation's commercial practices and use of personal data.
The ECB is not liable for the actions taken as a result of this Template or Guidance Notes and you should take your own advice before making any decisions or acting on the content.
[INSERT NAME OF CRICKET ORGANISATION]
This privacy notice explains how your personal data will be used and protected and your legal rights in respect of it.
[More information about this and details of how to exercise your rights can be found in our privacy policy at [state URL or other place at where this can be obtained]] [SEE GUIDANCE NOTE GN1]
[insert full legal name of cricket organisation] ("us" or "we" or "our") is [explain what your organisation does in respect of cricket].
We are the data controller for the purposes of data protection law and can be contacted as follows:
| [insert address] | |
| [insert email address] | |
| Phone | [insert phone number] |
| Website | [insert URL] |
We may process the following categories of personal data:
[We do not normally make any solely automated decisions about you]
[We may make the following automated decisions about you:
| # | Purpose | Legal basis |
|---|---|---|
| 1 | [insert purpose] | [insert legal basis] |
| 2 | [insert purpose] | [insert legal basis] |
| 3 | [insert purpose] | [insert legal basis] |
| 4 | [insert purpose] | [insert legal basis] |
| 5 | [insert purpose] | [insert legal basis] |
| # | Who we may disclose to | Legal basis |
|---|---|---|
| 1 | [insert details] | [insert legal basis] |
| 2 | [insert details] | [insert legal basis] |
| 3 | [insert details] | [insert legal basis] |
| 4 | [insert details] | [insert legal basis] |
| 5 | [insert details] | [insert legal basis] |
[insert details].
[insert details].
Where you have given your consent to any processing of personal data you have the right to withdraw that consent at any time. If you do, it will not affect the lawfulness of any processing for which we had consent prior to your withdrawing it.
You also have the right of access to your personal data and, in some cases, to require us to restrict, erase or rectify it or to object to our processing it, and the right of data portability.
To exercise your rights or if you have any concerns or complaints about how we are handling your personal data please contact us at [insert details]. You can also lodge a complaint at the Information Commissioner's Office (see www.ico.gov.uk) for details.
The requirement for a privacy notice comes from Articles 13 and 14 of the UK GDPR. These Articles set out very specific information that you have to provide when you obtain personal data about an individual whether from the individual themselves or from somebody else. You also need to consider:
If you have a privacy policy (for example on your website) that provides more general information that may be relevant, you could include a link to it from the privacy notice. If you do not want to do this, delete the wording in yellow highlighting.
When making your decision on this — it is important you check whether your privacy policy is consistent with the privacy notice you are preparing. If it is not, you will need to either change your privacy policy or do not link to it from the privacy notice.
It is important that you specify the full legal entity name of your organisation. This is used by individuals to check the official Register of Fee Payers maintained by the Information Commissioner.
It is helpful to provide a short description of what your cricket organisation does for example, explaining that yours is a local cricket club based in Cheshire.
You will need to set out details of the categories of personal data you get about the individual. Examples include:
There may be others and you will need to give some thought to this to ensure you mention all categories of personal data.
Also remember — if you get personal data about different types of individual (e.g. players, parents, coaches), you will need to show the differences. One way of doing this is to have a heading for each category of individual and then listing the different categories of data under each heading.
You will need to set out details of where you get personal data about the individual from. Examples include:
There may be others and you will need to give some thought to this to ensure you mention all categories of potential sources of the personal data.
Also remember — if you get personal data about different types of individual, you will need to show the differences. One way of doing this is to have a heading for each category of individual and then listing the different sources under each heading.
If you make any decisions about individuals that are wholly automated (e.g. you select players for a match solely using a computer algorithm or artificial intelligence (AI)) you will need to provide meaningful information about the logic involved as well as the envisaged consequences for the individual.
You will need to set out the purposes for which you process personal data about the individual. Examples include:
You will probably be able to think of many more purposes for which you will process personal data. The important thing is that you have to set out all purposes in the privacy notice.
This point is a little more complicated to explain than the others so it is important that you read this Guidance Note very carefully.
The law sets out the potential legal bases for processing personal data. The options differ depending on the nature of the personal data.
Most personal data is "ordinary" personal data but some categories are designated as "special category data" or "sensitive personal data". Special category data includes things like medical information, race or ethnicity, sexual orientation. You can find a list of special category data in Article 9 of the UK GDPR.
There are many legal bases for processing personal data. Some examples that may be relevant are:
For ordinary personal data
For special category data
There are many other legal bases and you should consult Articles 6 and 9 of the UK GDPR and Schedule 1 Part 2 of the Data Protection Act 2018 to see which ones apply.
If you process any personal data relating to criminal conviction or offences, you should consult Article 10 of the UK GDPR and Schedule 1 Part 2 of the Data Protection Act 2018 to see which legal bases may apply.
You will need to specify who you will share personal data with. Where you can provide a name you should do so (for example, you may state that you share particular categories with the ECB / Cricket Regulator) but you could list categories of recipient (for example, with leagues in which the player participates).
If the personal data is only processed in the UK you should state this. If the personal data may be processed elsewhere — you should specify where. Transferring data to some countries (especially those outside the European Economic Area or Switzerland) require additional measures to be put in place and you have to specify these in the privacy notice.
There are rules for how long you can keep personal data for (generally — not for longer than necessary to achieve the purpose for which you received it).
It is a legal requirement for you to specify how long you will keep the personal data for in the privacy notice. If you do not have a specific retention date — you can explain the criteria you will use for disposing of the personal data.
