Integrity in sport

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Clare Hoskins from Dolmans and Nathan Talbot from Wright Hassall discuss integrity in sport – from the Sport and the Law Conference 2014.

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Integrity in sport

  1. 1. Integrity in Sport 3 April 2014 Clare Hoskins Nathan Talbott Dolmans Wright Hassall
  2. 2. What is integrity in Sport? • Fairness –the manipulation of a sports result in order to obtain financial advantage, for oneself or for another, and remove all or part of the uncertainty normally associated with the results of a competition • Commercial interests
  3. 3. Categories of Integrity 1. Performance advantage 2. Dealing in information 3. Reputation
  4. 4. Degrees of offence Match Official/ NGB NGB/CPS CPS/NGB NGB 1. Not trying 2. Strategic results 3. Fixing an event within a competition 4. Intentionally trying to lose
  5. 5. Current legal framework • No specific criminal offence • Piecemeal - difficult to succeed in prosecution - s 1 Prevention of Corruption Act 1906 - s 42 Gambling Act 2005 - cheating - s 2 Fraud Act 2006 – false representation - s 1 and 2 Bribery Act 2010 - conspiracy – common law or Criminal Law Act 1977
  6. 6. Gambling Act 2005 • Gambling Commission  regulates gambling in UK  licences • Not spread betting
  7. 7. Parry Report – 2010 • The definition of cheating in the GA 2005 be reviewed. Criminalise match fixing – specific offence • The extent of the powers available to the Gambling Commission be reviewed • A sports betting intelligence unit to be set up by the Gambling Commission • A sports betting group to be set up to provide leadership to Sports
  8. 8. Parry Report Recommendations of specific relevance to Sports • Sports provide a comprehensive education programme for competitors • There should be a new code of conduct on sports betting integrity for all Sports NGBs • Every Sport to have a system capturing intelligence and reporting to the new intelligence unit
  9. 9. Sports betting intelligence unit Set up by the Gambling Commission • Reports of suspicious activities to sbiu@gamblingcommission.gov.uk – 0121 2306655.
  10. 10. Sports Betting Group Its purpose is twofold:- • To act as an interface with the Government – involved in submissions to the government on the Gambling Bill. • To provide support and advice to NGBs dfoster@sportandrecreation.org.uk
  11. 11. THE GAMBLING (licensing and advertising) BILL (“GB”) • Specific offence amendment – shelved • Overseas betting operations • Spread betting to be policed by Gambling Commission
  12. 12. Sports’ responsibility • Criminal matter for law enforcers or disciplinary matter for Sport? • Or both? – Amir and Butt • Collaboration – Stephen Lee • Prosecution under Sports’ rules • Prevention and education
  13. 13. SBG – Voluntary Code Rules and regulations – identifying what is and is not acceptable in betting and who they apply to. In particular:- • Perform to best ability in any event in which he/she participates • Shall not use in relation to betting any inside information that is not publicly available which has been obtained by virtue of the participant’s position within the sport. Define what constitutes inside information, misuse and specify sanctions • Not to place a bet or facilitate another person to place a bet on any event in which the person is participating • Not to give or receive a bribe to fix a result in which person is participating • Report any contraventions of rules by others
  14. 14. Voluntary Code 2. Designate a person 3. Set up an integrity unit 4. Establish an Education programme 5. Competition contracts 6. Information sharing/data protection
  15. 15. Robert Heys • Managing Director of Accrington Stanley • 735 bets placed, 231 on Accrington, 33 on Accrington to lose (net loss of £2,318) • FA Rule E8(b): “Save for those Participants subject to the prohibition in sub-paragraph (a), a Participant shall not bet, either directly or indirectly, or instruct, permit, cause or enable any person to bet on – (i) the result, progress or conduct of a match or competition: (A) in which the Participant is participating or, has participated in that season; or (B) in which the Participant has any influence, either direct or indirect; or (ii) any other matter concerning or related to any Club participating in any league Competition, as defined in Rule A2, that the Participant is participating in or has participated in during that season, including, for example and without limitation, the transfer of players, employment of managers, team selection or disciplinary matters. For these purposes, without limitation to the application of this Rule to other circumstances, all Employees of a Club are deemed to participate in every match played by that Club while they are so employed; all Players registered with a Club are deemed to participate in every match played by that Club while they are so registered.” • 21 month suspension from all football activity and £1,000 fine
  16. 16. Daniel Koellerer • Allegations of approaching players • Article D of the 2010 Uniform Tennis Anti-corruption program – • Contriving or attempting to contrive the outcome of an Event; • Soliciting or facilitating a Player not to use his or her best efforts in an Event; and; • Soliciting, offering or providing money, benefit or Consideration to any other covered person with the intention of negatively influencing a Player’s best efforts in any Event • Banned for life and fined €100,000 • CAS appeal only overturned the fine
  17. 17. Mervyn Westfield • Paid £6,000 to deliberately concede 12 runs • ECB 2009 Directive 3.8.15 – received a reward, resulting from his conduct in a match, which could bring him or the game of cricket into disrepute • 5 year ban • Criminal Sanction • Section 1(1) of the Prevention of Corruption Act 1906 (repealed by the Bribery Act 2010) – If any agent corruptly accepts or obtains, or agrees to accept or attempts to obtain, from any person, for himself or for any other person, any gift or consideration as an inducement or reward for doing or forbearing to do… [any] act in relation to his principal’s affairs or business • Guilty plea, 4 months sentence and confiscation order for £6,000
  18. 18. Conclusion Self evidently, corruption, specifically spot fixing, in cricket or any other sport for that matter, is a cancer that eats at the health and very existence of the game. For the general public, supporting the game and their team within it, there is no merit or motivation to expend time, money or effort to watch a match whose integrity may be in doubt. The consequences of the public’s disengagement from cricket would be catastrophic. Furthermore, the game of cricket simply cannot afford to have its reputation tarnished in the eyes of commercial partners. These partners could not and would not link their brand to a sport whose integrity had been so undermined. Cricket Disciplinary Panel

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