Article 1 Scope and Application 13.2
Article 2 Code of Conduct Offences 13.3
Article 3 Reporting an Alleged Offence Under the Code of Conduct 13.9
Article 4 Notification Procedure 13.11
Article 5 The Disciplinary Procedure 13.12
Article 6 Standard of Proof and Evidence 13.19
Article 7 Sanctions on Players and Player Support Personnel 13.20
Article 8 Appeals 13.24
Article 9 Recognition of Decisions 13.27
Article 10 Amendment and Interpretation of The Code Of Conduct 13.27
Appendix 1 Definitions 13.28
Appendix 2 Minimum Over Rate Requirements, Calculation 13.30
Reporting and Disciplinary Process and Sanctions
Appendix 3 Match Fees 13.33
Appendix 4 Expedited Procedure for Code of Conduct Offences 13.34
Occurring During an ICC Even
ICC CODE OF CONDUCT FOR PLAYERS AND PLAYER SUPPORT PERSONNEL
13.2
13
INTRODUCTION
The ICC is the international federation responsible for the global governance of the
sport of cricket and the Code of Conduct for Players and Player Support Personnel (the
‘Code of Conduct’) is adopted and implemented as part of the ICC’s continuing efforts
to maintain the public image, popularity and integrity of cricket by providing: (a) an
effective means to deter any participant from conducting themselves improperly on
and off the ‘field-of-play’ or in a manner that is contrary to the ‘spirit of cricket’; and (b)
a robust disciplinary procedure pursuant to which all matters of improper conduct can
be dealt with fairly, with certainty and in an expeditious manner.
Unless otherwise indicated, references to Articles and Appendices are to articles and
appendices of the Code of Conduct. Words in italicised text in the Code of Conduct
are defined terms and their definitions are set out in Appendix 1.
ARTICLE 1 – SCOPE AND APPLICATION
1.1 All Players and Player Support Personnel are automatically bound by and
required to comply with all of the provisions of the Code of Conduct.
Accordingly, by their participation (in the case of a Player) or assistance
in a Player’s participation (in the case of a Player Support Personnel) in
an International Match, such Players or Player Support Personnel shall be
deemed to have agreed:
1.1.1 that it is their personal responsibility to familiarise themselves
with all of the requirements of the Code of Conduct, including
what conduct constitutes an offence under the Code of Conduct;
1.1.2 to submit to the exclusive jurisdiction of any Match Referee,
Judicial Commissioner or Appeal Panel convened under the Code of
Conduct to hear and determine charges brought (and any appeals
in relation thereto) pursuant to the Code of Conduct; and
1.1.3 not to bring any proceedings in any court or other forum that are
inconsistent with the foregoing submission to the jurisdiction of
the Match Referee, Judicial Commissioner or Appeal Panel.
1.2 All Players and Player Support Personnel shall continue to be bound by
and required to comply with the Code of Conduct until he/she has not
participated (in the case of a Player), or assisted a Player’s participation
(in the case of a Player Support Personnel) in an International Match for a
period of three (3) months and the ICC shall continue to have jurisdiction
over him/her under the Code of Conduct thereafter in respect of matters
taking place prior to that point.
1.3 Without prejudice to Articles 1.1 and 1.2, the ICC and the National Cricket
Federations shall be responsible for promoting Code of Conduct awareness
and education amongst all Players and Player Support Personnel.
1.4 It is acknowledged that certain Players and Player Support Personnel may
also be subject to other rules of National Cricket Federations that govern
discipline and/or conduct, and that the same conduct of such Players and/
or Player Support Personnel may implicate not only the Code of Conduct but
also such other rules that may apply. For the avoidance of any doubt, Players
and Player Support Personnel acknowledge and agree that: (a) the Code of
Conduct is not intended to limit the responsibilities of any Player or Player
Support Personnel under such other rules; and (b) nothing in such other
rules shall be capable of removing, superseding or amending in any way the
jurisdiction of the Match Referee, Judicial Commissioner or Appeal Panel to
determine matters properly arising pursuant to the Code of Conduct.
1.5 For the avoidance of any doubt:
1.5.1 all Umpires and Match Referees officiating in any International
Matches are automatically bound by and required to comply with
all of the provisions of the ICC Code of Conduct for Umpires and
Referees; and
1.5.2 where a representative side of a National Cricket Federation
participates in an International Tour Match against a domestic or
invitational team, for the purposes of their participation in such
International Tour Match:
1.5.2.1 all Players and Player Support Personnel representing
the National Cricket Federation’s representative side are
automatically bound by, required to comply with, and shall
submit themselves to the jurisdiction of this Code
of Conduct; and
1.5.2.2 all Players or Player Support Personnel representing the
domestic or invitational team shall not be bound by this
Code of Conduct. Instead, such individuals will be bound by,
required to comply with, and shall submit themselves to
the jurisdiction of the relevant National Cricket Federation’s
own applicable rules of conduct.
ARTICLE 2 – CODE OF CONDUCT OFFENCES
The conduct described in Articles 2.1 – 2.5, if committed by a Player or Player
Support Personnel shall amount to an offence by such Player or Player Support
Personnel under the Code of Conduct.
COMMENT: Where considered helpful, guidance notes have been provided in text
boxes beneath the description of a particular offence. Such notes are intended only
to provide guidance as to the nature and examples of certain conduct that might be
prohibited by a particular Article and should not be read as an exhaustive or limiting
list of conduct prohibited by such Article.
2.1 Level 1 Offences:
2.1.1 Breach of the ICC’s Clothing and Equipment Regulations during an
International Match, save for breaches relating to a ‘Commercial
Logo’ or a ‘Player’s Bat Logo’ as those terms are defined therein.
NOTE: One of the core objectives of the ICC’s Clothing and Equipment
Regulations is to ensure appropriate and professional standards of
appearance on the field of play and to prevent those practices that
undermine that objective (for example the cover up/alteration of
clothing and equipment with sticking plaster or marker pens, the
wearing of batting pads painted with paint that subsequently fades or
falls off and/or the use of prohibited logos).
For the avoidance of any doubt, there shall be no requirement that the
Umpire must first provide a warning to the offending person to remove or
cover up a prohibited logo before a breach of this Article can be established.
It shall be a defence to a charge brought under this Article to show that
a Player or Player Support Personnel was required by his/her National Cricket Federation to use the offending clothing or equipment.
2.1.2 Abuse of cricket equipment or clothing, ground equipment or
fixtures and fittings during an International Match.
NOTE: Article 2.1.2 includes any action(s) outside the course of normal
cricket actions, such as hitting or kicking the wickets and any action(s)
which intentionally or negligently results in damage to the advertising
boards, boundary fences, dressing room doors, mirrors, windows and
other fixtures and fittings.
2.1.3 Showing dissent at an Umpire’s decision during
an International Match.
NOTE: Article 2.1.3 includes: (a) excessive, obvious disappointment
with an Umpire’s decision; (b) an obvious delay in resuming play or
leaving the wicket; (c) shaking the head; (d) pointing or looking at the
inside edge when given out lbw; (e) pointing to the pad or rubbing the
shoulder when caught behind; (f) snatching the cap from the Umpire;
(g) requesting a referral to the TV Umpire (other than in the context
of a legitimate request for a referral as may be permitted in such
International Match); and (h) arguing or entering into a prolonged
discussion with the Umpire about his decision.
It shall not be a defence to any charge brought under this Article to
show that the Umpire might have, or in fact did, get any decision wrong.
2.1.4 Using language or a gesture that is obscene, offensive or insulting
during an International Match.
NOTE: Article 2.1.4 includes: (a) excessively audible or repetitious
swearing; and (b) obscene gestures which are not directed at another
person, such as swearing in frustration at one’s own poor play or fortune.
In addition, this offence is not intended to penalise trivial behaviour.
When assessing the seriousness of the breach, the Umpire shall be
required to take into account the context of the particular situation and
whether the words or gesture are likely to: (a) be regarded as obscene; (b)
give offence; or (c) insult another person.
This offence is not intended to cover any use of language or gestures
that are likely to offend another person on the basis of their race,
religion, gender, colour, descent, national or ethnic origin. Such conduct
is prohibited under the ICC’s Anti-Racism Code and must be dealt with
according to the procedures set out therein.
2.1.5 Excessive appealing during an International Match.
NOTE: For the purposes of Article 2.1.5, ‘excessive’ shall include: (a)
repeated appealing of the same decision/appeal; (b) repeated appealing
of different decisions/appeals when the bowler/fielder knows the batter
is not out with the intention of placing the Umpire under pressure; or
(c) celebrating a dismissal before the decision has been given. It is not
intended to prevent loud or enthusiastic appealing.
2.1.6 Pointing or gesturing towards the pavilion by a bowler or other
member of the fielding side upon the dismissal of a batsman
during an International Match.
2.1.7 Public criticism of, or inappropriate comment in relation to an
incident occurring in an International Match or any Player, Player
Support Personnel, Match official or team participating in any
International Match, irrespective of when such criticism or
inappropriate comment is made.
NOTE: Without limitation, Players and Player Support Personnel will breach
Article 2.1.7 if they publicly criticise the Match officials or denigrate a Player
or team against which they have played in relation to incidents which
occurred in an International Match. When assessing the seriousness of the
breach, the context within which the comments have been made and the
gravity of the offending comments must be taken into account.
2.1.8 Where the facts of the alleged incident are not adequately or clearly
covered by any of the above offences, conduct that either: (a) is contrary
to the spirit of the game; or (b) brings the game into disrepute.
NOTE: Article 2.1.8 is intended to be a ‘catch-all’ provision to cover all
types of conduct of a minor nature that is not (and, because of its
nature, cannot be) adequately covered by the specific offences set out
elsewhere in the Code of Conduct.
By way of example, Article 2.1.8(a) may (depending upon the seriousness
and context of the breach) prohibit the following: (a) the use of an
illegal bat or illegal wicket-keeping gloves; (b) deliberate time wasting; (c)
cheating during an International Match, including deliberate attempts
to mislead the Umpire; (d) failure to comply with the provisions of clause
7.1 of the ICC Standard Test Match, ODI and Twenty20 International
Match Playing Conditions; and (e) any conduct which is considered
‘unfair play’ under Law 42 of the Laws of Cricket.
By way of example, Article 2.1.8(b) may (depending upon the seriousness
and context of the breach) prohibit the following: (a) public acts of
misconduct; (b) unruly public behaviour; and (c) inappropriate comments
which are detrimental to the interests of the game.
2.2 Level 2 Offences:
2.2.1 Showing serious dissent at an Umpire’s decision during an
International Match.
NOTE: Dissent, including the examples given in Article 2.1.3 above will be
classified as ‘serious’ when the conduct contains an element of anger or
abuse which is directed at the Umpire or the Umpire’s decision or where
there is excessive delay in resuming play or leaving the wicket or where
there is persistent re-reference to the incident over time.
It shall not be a defence to any charge brought under this Article to
show that the Umpire might have, or in fact did, get any decision wrong.
2.2.2 Breach of the ICC’s Clothing and Equipment Regulations during an
International Match relating to a ‘Commercial Logo’ or a ‘Player’s
Bat Logo’ as those terms are defined.
NOTE: Article 2.2.2 only relates to breaches of the regulations regarding
‘Commercial Logos’ and ‘Player’s Bat Logos’.
For the avoidance of any doubt, there shall be no requirement that the
Umpire must first provide a warning to the offending person to remove or
cover up a prohibited logo before a breach of this Article can be established.
It shall be a defence to a charge brought under this Article to show that
a Player or Player Support Personnel is required by his/her National
Cricket Federation to use the offending clothing or equipment.
2.2.3 Serious public criticism of, or inappropriate comment in relation
to an incident occurring in an International Match or any Player,
Player Support Personnel, Match official or team participating in
any International Match, irrespective of when such criticism or
inappropriate comment is made.
NOTE: Without limitation, Players and Player Support Personnel will breach
this rule if they publicly criticise the Match officials or denigrate a Player
or team against which they have played in relation to incidents which
occurred in an International Match. When assessing the seriousness of the
breach, the context within which the comments have been made and the
gravity of the offending comments must be taken into account.
2.2.4 Inappropriate and deliberate physical contact between Players in
the course of play during an International Match.
NOTE: Without limitation, Players will breach this regulation if they
deliberately walk or run into or shoulder another Player.
2.2.5 Charging or advancing towards the Umpire in an aggressive
manner when appealing during an International Match.
2.2.6 Deliberate and malicious distraction or obstruction on the field of
play during an International Match.
NOTE: This offence supplements and does not replace ICC Standard
Test Match, ODI and Twenty20 International Match Playing Conditions
clauses 42.2 and 42.3.
2.2.7 Throwing a ball (or any other item of cricket equipment such as a
water bottle) at or near a Player, Player Support Personnel, Umpire,
Match Referee or any other third person in an inappropriate and/or
dangerous manner during an International Match.
NOTE: This regulation will not prohibit a fielder or bowler from returning
the ball to the stumps in the normal fashion.
2.2.8 Using language or gesture(s) that is seriously obscene, seriously
offensive or of a seriously insulting nature to another Player, Player
Support Personnel, Umpire, Match Referee or any other third person
during an International Match.
NOTE: It is acknowledged that there will be verbal exchanges between
Players in the course of play. Rather than seeking to eliminate these
exchanges entirely, Umpires will be required to report such conduct
that falls below an acceptable standard. This offence is not intended to
penalise trivial behaviour.
When assessing the seriousness of the breach, the Umpire shall be
required to take into account the context of the particular situation and
whether the words or gesture are likely to: (a) be regarded as seriously
obscene; or (b) give serious offence; or (c) seriously insult another person.
This offence is not intended to cover any use of language or gestures
that are likely to offend another person on the basis of their race,
religion, gender, colour, descent, national or ethnic origin. Such conduct
is prohibited under the ICC’s Anti-Racism Code and must be dealt with
according to the procedures set out therein.
2.2.9 Changing the condition of the ball in breach of Law 42.3 of the
Laws of Cricket, as modified by ICC Standard Test Match, ODI and
Twenty20 International Match Playing Conditions clause 42.1.
NOTE: This offence supplements and does not replace ICC Standard Test
Match, ODI and Twenty20 International Match Playing Conditions clause 42.1
Any action(s) likely to alter the condition of the ball which were not
specifically permitted under Law 42.3(a) may be regarded as ‘unfair’.
The following actions shall not be permitted (this list of actions is not
exhaustive but included for illustrative purposes): (a) deliberately throwing
the ball into the ground for the purpose of roughening it up; (b) applying
any artificial substance to the ball; and applying any non-artificial
substance for any purpose other than to polish the ball; (c) lifting or
otherwise interfering with any of the seams of the ball; (d) scratching the
surface of the ball with finger or thumb nails or any implement.
The Umpires shall use their judgment to apply the principle that actions
taken to maintain or enhance the condition of the ball, provided no
artificial substances are used, shall be permitted. Any actions taken with
the purpose of damaging the condition of the ball or accelerating the
deterioration of the condition of the ball shall not be permitted.
2.2.10 Any attempt to manipulate an International Match for inappropriate
strategic or tactical reasons.
NOTE: Article 2.2.10 is intended to prevent the manipulation of
International Matches for inappropriate strategic or tactical reasons
(such as when a team deliberately loses a pool Match in an ICC Event
in order to affect the standings of other teams in that ICC Event). It
might also apply to the inappropriate manipulation of a net run rate or
accumulation of bonus points or otherwise.
Article 2.2.10 is not intended to cover any corrupt or fraudulent acts
(including any use of inside information and/or related betting activity).
Such conduct is prohibited under the ICC’s Anti-Corruption Code and
must be dealt with according to the procedures set out therein.
The Team Captain of any team guilty of such conduct shall be held
responsible (and subject to sanction) for any offence found to have been
committed under this Article.
2.2.11 Where the facts of the alleged incident are not adequately or clearly
covered by any of the above offences, conduct that either: (a) is contrary
to the spirit of the game; or (b) brings the game into disrepute.
NOTE: Article 2.2.11 is intended to be a ‘catch-all’ provision to cover all
types of conduct of a serious nature that is not (and, because of its
nature, cannot be) adequately covered by the specific offences set out
elsewhere in the Code of Conduct.
See guidance notes to Article 2.1.8 for examples of conduct that
may (depending upon the seriousness and context of the breach) be
prohibited under Article 2.2.11.
2.3 Level 3 Offences:
2.3.1 Intimidation of an Umpire or Match Referee whether by language
or conduct (including gestures) during an International Match.
NOTE: Includes appealing in an aggressive or threatening manner.
2.3.2 Threat of assault on another Player, Player Support Personnel or any
other person (including a spectator) during an International Match.
NOTE: This offence is not intended to cover threats of assault against
Umpires or Match Referees, which are prohibited under Article 2.4.1.
2.3.3 Where the facts of the alleged incident are not adequately or clearly
covered by any of the above offences, conduct that either: (a) is contrary
to the spirit of the game; or (b) brings the game into disrepute.
NOTE: Article 2.3.3 is intended to be a ‘catch-all’ provision to cover all
types of conduct of a very serious nature that is not (and, because of its
nature, cannot be) adequately covered by the specific offences set out
elsewhere in the Code of Conduct.
See guidance notes to Article 2.1.8 for examples of conduct that
may (depending upon the seriousness and context of the breach) be
prohibited under Article 2.3.3.
2.4 Level 4 Offences:
2.4.1 Threat of assault on an Umpire or Match Referee during an
International Match.
2.4.2 Physical assault of another Player, Player Support Personnel,
Umpire, Match Referee or any other person (including a spectator)
during an International Match.
2.4.3 Any act of violence on the field of play during an International Match.
2.4.4 Where the facts of the alleged incident are not adequately or clearly
covered by any of the above offences, conduct that either: (a) is contrary
to the spirit of the game; or (b) brings the game into disrepute.
NOTE: Article 2.4.4 is intended to be a ‘catch-all’ provision to cover all
types of conduct of an overwhelmingly serious nature that is not (and,
because of its nature, cannot be) adequately covered by the specific
offences set out elsewhere in the Code of Conduct.
See guidance notes to Article 2.1.8 for examples of conduct that
may (depending upon the seriousness and context of the breach) be
prohibited under Article 2.4.4.
2.5 Minimum Over Rate Offences:
Failure by a fielding team participating in an International Match to meet
the Minimum Over Rate requirements contained in Appendix 2 constitutes
an offence under this Code of Conduct by the relevant Team Captain and
each of the Players in that fielding team according to the following:
2.5.1 where the actual over rate in any Test Match or any other
International Match of at least four days in duration is up to (and
including) five overs short of the Minimum Over Rate, or, in any One
Day International Match, Twenty20 International Match or any other
International Match of fifty (50) or twenty (20) overs per side, up to
(and including) two overs short of the Minimum Over Rate, such an
offence shall be considered a ‘Minor Over Rate Offence’.
2.5.2 where the actual over rate in any Test Match or any other
International Match of at least four days in duration is more than
five overs short of the Minimum Over Rate, or, in any One Day
International Match, Twenty20 International Match or any other
International Match of fifty (50) or twenty (20) overs per side, is
more than two overs short of the Minimum Over Rate, such an
offence shall be considered a ‘Serious Over Rate Offence’.
NOTE: Subjective intent on behalf of the Team Captain to waste time is
not required. It is sufficient to establish that the Minimum Over Rate was
not met. To avoid liability under this offence the Team Captain would need
to establish, on the balance of probabilities, that the shortfall was due to
factors beyond his control and that the time allowances permitted by the
Match officials in calculating the required over rate were not sufficient.
The presence or absence of subjective intent and the extent of the shortfall
shall be relevant in relation to the issue of penalty.
ARTICLE 3 – REPORTING AN ALLEGED OFFENCE UNDER THE CODE OF CONDUCT
NOTE: Where a Code of Conduct offence is alleged to have occurred during, or in relation to
an International Match that is played as part of an ICC Event, the Code of Conduct shall
apply in full, but with a series of amendments to the reporting process (Article 3), disciplinary
procedure (Article 5) and appeal process (Article 8) in order to ensure that any matters arising
can be dealt with expediently. Such amendments are described in detail in Appendix 4.
Where a Minimum Over Rate Offence may have occurred, see Appendix 2 for the
reporting process, disciplinary process and sanctions that are to be applied.
3.1 Any one of the following individuals can report an alleged offence under the
Code of Conduct (other than Minimum Over Rate Offences – as to which see
Appendix 2) by lodging a report in the manner described in Article 3.2, below
(a ‘Report’):
3.1.1 an Umpire that officiated in the International Match during which
the alleged offence was committed;
3.1.2 the Team Manager or CEO of either of the two National Cricket
Federations whose representative teams participated in the International
Match during, or in relation to which, the alleged offence was committed;
3.1.3 the ICC’s Chief Executive Officer; or
3.1.4 provided it is a Level 3 Offence or Level 4 Offence that is alleged
to have been committed, the Match Referee that was appointed
to officiate in the International Match during which the alleged
offence was committed. (For the avoidance of any doubt, the
Match Referee is not entitled to lodge a Report in relation to an
alleged Level 1 Offence or Level 2 Offence).
3.2 All Reports must be completed on Form ‘Rep 1’ (or such other form as may
be made available for such purpose by the ICC from time to time).
All Reports must be signed and dated by the person lodging the Report.
3.2.1 Where the Report is lodged by any of the individuals described in
Articles 3.1.1 or 3.1.2 in relation to:
3.2.1.1 a Level 1 Offence or a Level 2 Offence that is alleged to have
been committed on the field of play during an International
Match, then the Report must be lodged with the Match
Referee (or, where, for logistical reasons, it is impractical to
lodge with the Match Referee, the ICC’s Cricket Operations
Department) within eighteen hours of the close of the day’s
play in the relevant International Match or prior to the start
of the following day’s play or the start of the next relevant
International Match, whichever is the sooner; or
3.2.1.2 a Level 1 Offence or a Level 2 Offence that is alleged to
have been committed at any time or place other than
on the field of play then the Report must be lodged with
the Match Referee (or, where, for logistical reasons, it is
impractical to lodge with the Match Referee, the ICC’s
Cricket Operations Department) as soon as reasonably
practicable, and in any event, no later than forty-eight
(48) hours (where the Report is lodged by an Umpire)
or ninety-six (96) hours (where the Report is lodged by
the Team Manager or CEO of either of the two National
Cricket Federations) after: (a) the commission of the alleged
offence; or (b) the alleged offence was brought to the
attention of the person lodging the Report; or
3.2.1.3 a Level 3 Offence or a Level 4 Offence that is alleged to have
been committed, then the Report must be lodged with the
ICC’s Head of Legal as soon as reasonably practicable, and
in any event no later than seven (7) days after either: (a) the
commission of the alleged offence; or (b) the alleged offence
was brought to the attention of the person lodging the Report.
3.2.2 Where the Report is lodged by the individual described in Article
3.1.3 in relation to:
3.2.2.1 a Level 1 Offence or a Level 2 Offence that is alleged to have
been committed at any time or place (whether on the
field of play or otherwise), then the Report must be lodged
with the Match Referee (or, where, for logistical reasons,
it is impractical to lodge with the Match Referee, the ICC’s
Cricket Operations Department) within five (5) days of the
commission of the alleged offence; or
3.2.2.2 a Level 3 Offence or a Level 4 Offence that is alleged to have
been committed at any time or place (whether on the field
of play or otherwise), then the Report must be lodged with
the ICC’s Head of Legal as soon as reasonably practicable,
and in any event no later than seven (7) days after: (a)
the commission of the alleged offence; or (b) the alleged
offence was brought to the attention of the ICC’s Chief
Executive Officer.
3.2.3 Where the Report is lodged by the individual described in Article
3.1.4 in relation to a Level 3 Offence or a Level 4 Offence that is
alleged to have been committed, then the Report must be lodged
with the ICC’s Head of Legal as soon as reasonably practicable, and
in any event no later than seven (7) days after: (a) the commission
of the alleged offence; or (b) the alleged offence was brought to
the attention of the Match Referee.
3.3 Where it is alleged that a Player or Player Support Personnel has
committed more than one offence under the Code of Conduct during,
or in relation to an International Match (whether arising out of the
same set of facts or otherwise), then a separate Report should be filed in
accordance with this Article 3 for each of the offences that are alleged to
have been committed.
ARTICLE 4 – NOTIFICATION PROCEDURE
Level 1 Offences, Level 2 Offences and Minimum Over Rate Offences:
4.1 Where a Match Referee receives a Report lodged under Articles 3.2.1.1,
3.2.1.2, 3.2.2.1 or Article 3.2 of Appendix 2 (in the case of Minimum Over
Rate Offences), he/she must promptly provide a copy of the Report,
together with a completed Form ‘Not 1’, (such documents comprising the
‘Notice of Charge’), to the following individuals:
4.1.1 the Player or Player Support Personnel named in the Report, or,
where appropriate in the case of an offence under either Article
2.2.9 (changing the condition of the ball), 2.2.10 (manipulating an
International Match), or 2.5.1/2.5.2 (failure to meet the Minimum
Over Rate), the relevant Team Captain; and
4.1.2 the Team Manager of the relevant Player or Player Support
Personnel named in the Report.
4.2 The Notice of Charge shall specify that the Player or Player Support
Personnel shall have the following three options:
4.2.1 he/she may admit the offence charged and accede to the
proposed sanction specified in the Notice of Charge (which
sanction shall be strictly at the Match Referee’s discretion, but at
all times within the appropriate range for the level of offence). In
such circumstances, and provided that such admission has been
received by the Match Referee prior to the commencement of
the hearing at the time/place specified in the Notice of Charge,
the hearing before the Match Referee shall not be required and
no further action shall be taken, save that the ICC shall promptly
issue a public statement confirming: (a) the commission of an
offence under the Code of Conduct; and (b) the imposition of the
applicable sanction specified in the Notice of Charge; or
4.2.2 he/she may admit the offence charged but dispute the proposed
sanction specified in the Notice of Charge, in which case the
matter shall proceed to a hearing in accordance with Article 5.1; or
4.2.3 he/she may deny the offence charged, in which case the matter
shall proceed to a hearing in accordance with Article 5.1.
Level 3 Offences and Level 4 Offences:
4.3 Where the ICC’s Head of Legal receives a Report lodged under Articles
3.2.1.3, 3.2.2.2 or 3.2.3, he/she must promptly conduct a review to
determine whether the Player or Player Support Personnel named in the
Report has a case to answer.
4.4 If the initial review of the Report reveals that there is no case to answer,
then the ICC shall notify the person who filed the Report of that fact, and
the matter shall not proceed any further.
4.5 If the initial review of the Report reveals that there is a case to answer,
then the ICC shall promptly provide a copy of the Report, together with a
completed Form ‘Not 1’ (such documents comprising the ‘Notice of Charge’)
to the following individuals:
4.5.1 the Player or Player Support Personnel named in the Report; and
4.5.2 the Team Manager of the relevant Player or Player Support
Personnel named in the Report; and
4.5.3 the CEO of the National Cricket Federation to which the relevant
Player or Player Support Personnel is affiliated.
4.6 The Notice of Charge shall specify that the Player or Player Support
Personnel shall have the following options:
4.6.1 he/she may admit the offence charged and accede to the
proposed sanction specified in the Notice of Charge (which
sanction shall be strictly at the ICC’s discretion, but at all times
within the appropriate range for the level of offence). In such
circumstances, and provided that such admission has been
received by the ICC’s Head of Legal prior to the commencement of
the hearing at the time/place specified in the Notice of Charge, the
hearing before the Judicial Commissioner shall not be required and
no further action shall be taken, save that the ICC shall promptly
issue a public statement confirming: (a) the commission of an
offence under the Code of Conduct; and (b) the imposition of the
applicable sanction specified in the Notice of Charge; or
4.6.2 he/she may admit the offence charged but dispute the proposed
sanction specified in the Notice of Charge, in which case the
matter shall proceed to a hearing in accordance with Article 5.2; or
4.6.3 he/she may deny the offence charged, in which case the matter
shall proceed to a hearing in accordance with Article 5.2.
ARTICLE 5 – THE DISCIPLINARY PROCEDURE
NOTE: Where a Match Referee appointed to adjudicate any matter brought under this
Code of Conduct is not physically present at the relevant International Match (and
therefore required to perform his/her duties remotely) then all hearings arising under
Article 5.1 will be held by telephone conference or video conference (if available) and
the provisions of Article 5.1 are to be interpreted accordingly.
Level 1 Offences, Level 2 Offences and Minimum Over Rate Offences:
5.1 Where a matter proceeds to a hearing under Article 4.2.2 or 4.2.3, then
the case shall be referred to the Match Referee for adjudication in
accordance with the following procedure:
5.1.1 Subject to the discretion of the Match Referee to order otherwise
for good cause shown by the Player or Player Support Personnel, the
hearing will take place at the time specified in the Notice of Charge
(which should, in the absence of exceptional circumstances, be no
more than thirty-six (36) hours after the receipt by the Player or
Player Support Personnel of the Notice of Charge) and, subject to
the note to Article 5, in the country in which the alleged offence
was committed. For the avoidance of doubt, nothing in this Article
5.1.1 prevents a hearing from being convened at a time during
which the International Match in relation to which the alleged
offence took place, remains in progress.
5.1.2 The procedure followed at the hearing shall be at the discretion
of the Match Referee, provided that the hearing is conducted in
a manner which offers the Player or Player Support Personnel a
fair and reasonable opportunity to present evidence (including
the right to call and to question witnesses by telephone or
video-conference where necessary), address the Match Referee and
present his/her case.
5.1.3 The hearing before the Match Referee shall be in English, and
certified English translations shall be submitted of any non-English
documents put before the Match Referee. The cost of the translation
shall be borne by the party offering the document(s).
5.1.4 Where video evidence of the alleged offence is available at the
hearing before the Match Referee, then it may be relied upon by
any party, provided that all other parties shall have the right to
make such representations in relation to it that they may see fit.
5.1.5 Unless exceptional circumstances apply, each of the following
individuals must attend any hearing before the Match Referee: (a)
the Player or Player Support Personnel who has been charged with
the alleged offence; and (b) the person who lodged the Report (or, in
the case of the ICC’s Chief Executive Officer, his/her representative/
nominee). Where any such individual has a compelling justification
for his/her non-attendance, then they shall be given the opportunity
to participate in the hearing before the Match Referee by telephone
or video conference (if available). Without prejudice to the Player
or Player Support Personnel’s ability to call and to question such
witnesses as may be necessary and/or to be represented by such
other person of his/her own choosing pursuant to Article 5.1.6,
one of the Team Captain, Team Vice-Captain or Team Manager of
the team that the Player or Player Support Personnel represents
may also attend such a hearing to provide additional support and
assistance to the Player or Player Support Personnel.
5.1.6 Each of the individuals described in Article 5.1.5(a) and (b) shall
have the right (at his/her or its own expense) to be represented
at the hearing before the Match Referee by such representative
(including legal counsel) of his/her or its own choosing. Where
the person lodging the Report is an Umpire that officiated in
the International Match in question or the ICC’s Chief Executive
Officer, then such person shall be entitled to be represented prior
to, and during, the hearing (if he/she considers necessary) by a
representative of the ICC’s Legal Department.
5.1.7 The non-attendance of any Player or Player Support Personnel or
his/her representative at the hearing, shall not prevent the Match
Referee from proceeding with the hearing in his/her absence and
issuing a ruling in relation to the offence charged.
5.1.8 At the end of a hearing, where the Match Referee considers
that further evidence is necessary or further time is required
to consider the evidence that has been presented, he/she shall
adjourn the hearing for an appropriate period of time and make
such directions as may be necessary.
5.1.9 Alternatively, at the end of a hearing:
5.1.9.1 brought under Article 4.2.2:
a) as soon as possible after the conclusion of the hearing
(and, in any event, no later than forty-eight (48) hours
thereafter), the Match Referee will confirm the Player or
Player Support Personnel’s admission that he/she had
committed a Code of Conduct offence and announce his/
her decision in writing, with reasons, setting out: (a) what
sanctions, if any, are to be imposed (including any fine
and/or period of suspension); (b) the date that any period
of suspension shall come into force and effect; and (c) any
rights of appeal that may exist pursuant to Article 8
5.1.9.2 brought under Article 4.2.3 (or where the Player or Player
Support Personnel has failed to respond in a timely fashion
to the Notice of Charge):
a) the Match Referee shall adjourn the hearing (for a
period of no less than ten (10) minutes and no more
than twenty-four (24) hours), following which he/she
will reconvene the hearing and verbally announce his/
her finding as to whether a Code of Conduct offence
has been committed;
b) where the Match Referee determines that a Code
of Conduct offence has been committed, the Player
or Player Support Personnel may request a short
adjournment (of no more than thirty (30) minutes)
to prepare any submissions that he/she might wish
to make in relation to the appropriate sanction that
ought to be applied; and
c) as soon as possible after the conclusion of the hearing
(and, in any event, no later than forty-eight (48) hours
thereafter), the Match Referee will announce his/
her decision in writing, with reasons, setting out: (a)
the finding as to whether a Code of Conduct offence
had been committed; (b) what sanctions, if any, are
to be imposed (including any fine and/or period of
suspension); (c) the date that any period of suspension
shall come into force and effect; and (d) any rights of
appeal that may exist pursuant to Article 8.
5.1.10 The Match Referee shall have the discretion to announce the
substance of his/her decision prior to the issue of the written
reasoned decision referred to in Article 5.1.9.
5.1.11 A copy of the written reasoned decision will be provided to the
Player or Player Support Personnel, the CEO of the Player or Player
Support Personnel’s National Cricket Federation, and the ICC’s
Cricket Operations Manager.
5.1.12 Subject only to the rights of appeal under Article 8, the Match
Referee’s decision shall be the full, final and complete disposition
of the matter and will be binding on all parties.
Level 3 Offences and Level 4 Offences:
5.2 Where a matter proceeds to a hearing under Article 4.6.2 or 4.6.3, then
the case shall be referred to a Judicial Commissioner for adjudication in
accordance with the following procedure:
5.2.1 As soon as reasonably possible, the ICC shall appoint one member
from the ICC’s Code of Conduct Commission to sit as the Judicial
Commissioner to hear the case sitting alone. The appointed member
shall be independent of the parties, have had no prior involvement
with the case and shall not, unless otherwise agreed between the
parties, be from a country participating in the International Match,
during, or in relation to which, the alleged offence was committed.
5.2.2 The Judicial Commissioner shall convene a preliminary hearing with
the ICC and its legal representatives, together with the Player or
Player Support Personnel and his/her legal representatives (if any). The
preliminary hearing should take place as soon as possible by telephone
conference call unless the Judicial Commissioner determines otherwise.
The non-participation, without compelling justification, of the Player
or Player Support Personnel or his/her representative at the preliminary
hearing, after proper notice of the preliminary hearing has been
provided, shall not prevent the Judicial Commissioner from proceeding
with the preliminary hearing, whether or not any written submissions
are made on behalf of the Player or Player Support Personnel.
5.2.3 The purpose of the preliminary hearing shall be to allow the
Judicial Commissioner to address any preliminary issues that need
to be resolved prior to the hearing date. In particular (but without
limitation), the Judicial Commissioner shall:
5.2.3.1 determine the date(s) upon which the full hearing shall
be held. Save in exceptional circumstances or where the
parties otherwise agree, the full hearing should take place
no longer than fourteen (14) days after the receipt by the
Player or Player Support Personnel of the Notice of Charge.
5.2.3.2 establish dates reasonably in advance of the date of the
full hearing by which:
a) the ICC shall submit an opening brief with argument
on all issues that the ICC wishes to raise at the hearing
and a list of the witnesses that the ICC intends to call
at the hearing (and a summary of the subject areas
of the witness’s anticipated testimony), and enclosing
copies of the exhibits that the ICC intends to introduce
at the hearing;
b) the Player or Player Support Personnel shall submit an
answering brief, addressing the ICC’s arguments and
setting out argument on the issues that he/she wishes to
raise at the hearing, as well as a list of the witnesses that
he/she intends to call at the hearing (and a summary of
the subject areas of the witness’s anticipated testimony),
and enclosing copies of the exhibits that he/she intends
to introduce at the hearing; and
c) the ICC may (at its discretion) submit a reply brief,
responding to the answer brief of the Player or Player
Support Personnel and listing any rebuttal witnesses that
the ICC intends to call at the hearing (and a summary of
the subject areas of the witness’s anticipated testimony),
and enclosing copies of any other exhibits that the ICC
intends to introduce at the hearing; and
5.2.3.3 make such order as the Judicial Commissioner shall deem
appropriate in relation to the production of relevant
documents and/or other materials between the parties.
5.2.4 Subject to the discretion of the Judicial Commissioner to order
otherwise for good cause shown by either party, or if otherwise
agreed between the parties, hearings before the Judicial
Commissioner shall take place in the country in which the alleged
offence was committed.
5.2.5 The procedure followed at the hearing shall be at the discretion of
the Judicial Commissioner, provided that the hearing is conducted
in a manner which offers the Player or Player Support Personnel a
fair and reasonable opportunity to present evidence (including the
right to call and to question witnesses by telephone or videoconference where necessary), address the Judicial Commissioner
and present his/her case.
5.2.6 The hearing before the Judicial Commissioner shall be in English,
and certified English translations shall be submitted of any
non-English documents put before the Judicial Commissioner. The
cost of the translation shall be borne by the party offering the
document(s). If required by the Judicial Commissioner (at his/her
discretion), the ICC shall make arrangements to have the hearing
recorded or transcribed. If requested by the Player or Player Support
Personnel, the ICC shall also arrange for an interpreter to attend
the hearing. Such costs of transcription and interpretation shall be
paid by the ICC.
5.2.7 Where video evidence of the alleged offence is available at the
hearing before the Judicial Commissioner, then it may be relied upon
by any party, provided that all other parties shall have the right to
make such representations in relation to it that they may see fit.
5.2.8 Unless exceptional circumstances apply, each of the following
individuals must attend any hearing before the Judicial
Commissioner: (a) the Player or Player Support Personnel who has
been charged with the alleged offence; (b) the person who lodged
the Report (or, in the case of the ICC’s Chief Executive Officer, his/
her representative/nominee); and (c) a representative of the ICC’s
Legal Department. Where any such individual has a compelling
justification for his/her non-attendance, then they shall be given
the opportunity to participate in the hearing before the Judicial
Commissioner by telephone or video conference (if available).
Without prejudice to the Player or Player Support Personnel’s
ability to call and to question such witnesses as may be necessary
and/or to be represented by such other person of his/her own
choosing pursuant to Article 5.2.9, one of the Team Captain, Team
Vice-Captain or Team Manager of the team that the Player or
Player Support Personnel represents may also attend such hearing
to provide additional support and assistance to the Player or Player
Support Personnel.
5.2.9 Each of the individuals described in Article 5.2.8(a) and (b) shall have
the right (at his/her or its own expense) to be represented at the
hearing before the Judicial Commissioner by such representative
(including legal counsel) of his/her or its own choosing. Where
the person lodging the Report is an Umpire or Match Referee
that officiated in the International Match in question or the ICC’s
Chief Executive Officer, then such person shall be entitled to be
represented prior to, and during, the hearing (if he/she considers
necessary) by a representative of the ICC’s Legal Department.
5.2.10 The non-attendance of the Player or Player Support Personnel or his/
her representative at the hearing, after proper notice of the hearing
has been provided, shall not prevent the Judicial Commissioner from
proceeding with the hearing in his/her absence, whether or not any
written submissions are made on his/her behalf.
5.2.11 At the end of a hearing, where the Judicial Commissioner considers
that further evidence is necessary or further time is required
to consider the evidence that has been presented, he/she shall
adjourn the hearing for an appropriate period of time and make
such directions as may be necessary.
5.2.12 Alternatively, at the end of a hearing:
5.2.12.1 brought under Article 4.6.2:
a) as soon as possible after the conclusion of the hearing
(and, in any event, no later than forty-eight (48) hours
thereafter), the Judicial Commissioner will confirm the
Player or Player Support Personnel’s admission that
he/she had committed a Code of Conduct offence and
announce his/her decision in writing, with reasons,
setting out: (a) what sanctions, if any, are to be imposed
(including any fine and/or period of suspension); (b)
the date that any period of suspension shall come into
force and effect; and (c) any rights of appeal that may
exist pursuant to Article 8.
5.2.12.2 brought under Article 4.6.3 (or where the Player or Player
Support Personnel has failed to respond in a timely fashion
to the Notice of Charge):
a) the Judicial Commissioner shall adjourn the hearing
(for a period of no less than ten (10) minutes and no
more than twenty-four (24) hours), following which
he/she will reconvene the hearing and verbally
announce his/her finding as to whether a Code of
Conduct offence has been committed;
b) where the Judicial Commissioner determines that a
Code of Conduct offence has been committed, the
Player or Player Support Personnel may request a short
adjournment (of no more than thirty (30) minutes)
to prepare any submissions that he/she might wish
to make in relation to the appropriate sanction that
ought to be applied; and
c) as soon as possible after the conclusion of the hearing
(and, in any event, no later than forty-eight (48) hours
thereafter), the Judicial Commissioner will announce
his/her decision in writing, with reasons, setting out:
(a) the finding as to whether a Code of Conduct offence
had been committed; (b) what sanctions, if any, are
to be imposed (including any fine and/or period of
suspension); (c) the date that any period of suspension
shall come into force and effect; and (d) any rights of
appeal that may exist pursuant to Article 8.
5.2.13 The Judicial Commissioner shall have the discretion to announce
the substance of his/her decision prior to the issue of the written
reasoned decision referred to in Article 5.2.12.
5.2.14 A copy of the written reasoned decision will be provided to the
Player or Player Support Personnel, the CEO of the Player or Player
Support Personnel’s National Cricket Federation, and the ICC’s
Cricket Operations Manager.
5.2.15 Subject only to the rights of appeal under Article 8, the Judicial
Commissioner’s decision shall be the full, final and complete
disposition of the matter and will be binding on all parties.
General Principles of Procedure
5.3 Where a Report is filed by more than one of the individuals described
in Article 3.2 in relation to the same alleged offence under the Code of
Conduct, then the Player or Player Support Personnel alleged to have
committed the offence will only be served with one Notice of Charge
in accordance with the procedures set out in Article 4. However, all
persons who filed a Report (or, in the case of the ICC’s Chief Executive
Officer, his/her representative/nominee) in relation to the alleged
offence are required to attend the hearing before the Match Referee or
Judicial Commissioner unless there is a compelling justification for his/
her non-attendance, in which case they shall be given the opportunity to
participate in the hearing by telephone or video conference (if available).
5.4 Where two or more Players or Player Support Personnel are alleged to
have committed offences under the Code of Conduct, they may both
be dealt with at the same hearing where the proceedings arise out of
the same incident or set of facts, or where there is a clear link between
separate incidents, provided that the Code of Conduct permits the
alleged offences to be determined by the same adjudicator. For the
avoidance of doubt:
5.4.1 any number of Level 1 Offences and/or Level 2 Offences can all be
determined by a Match Referee at the same hearing; and
5.4.2 any number of Level 3 Offences and/or Level 4 Offences can all be
determined by a Judicial Commissioner at the same hearing; but
5.4.3 a Level 1 Offence or Level 2 Offence cannot be determined at the
same hearing as a Level 3 Offence or a Level 4 Offence (and vice
versa), and separate proceedings should therefore be issued in
relation to each alleged offence.
5.5 Where a Player or Player Support Personnel is alleged to have committed
more than one breach of the Code of Conduct during, or in relation to the
same International Match, then all of the alleged offences may be dealt
with at the same hearing, provided that the Code of Conduct permits the
offences that are alleged to have been committed to be determined by
the same adjudicator. For the avoidance of doubt:
5.5.1 any number of Level 1 Offences and/or Level 2 Offences can all be
determined by a Match Referee at the same hearing; and
5.5.2 any number of Level 3 Offences and/or Level 4 Offences can all be
determined by a Judicial Commissioner at the same hearing; but
5.5.3 a Level 1 Offence or Level 2 Offence cannot be determined at
the same hearing as a Level 3 Offence or a Level 4 Offence, and
separate proceedings should therefore be issued in relation to
each alleged offence.
5.6 Any failure or refusal by any Player or Player Support Personnel to provide
assistance to a Match Referee or Judicial Commissioner in connection with
any charge made pursuant to this Code of Conduct may constitute a separate
offence (depending upon the seriousness and context of such failure or
refusal) under Articles 2.1.8, 2.2.12, 2.3.3 or 2.4.3 of the Code of Conduct.
5.7 Where a Match Referee is, or becomes unwilling or unable to hear a case
(for example, where he/she finds him/herself in a position of conflict),
then the ICC’s Head of Legal shall have the discretion to appoint the ICC’s
Chief Referee or such other referee as the ICC deems to be appropriate in
all the circumstances. Where the ICC’s Chief Referee (or such other referee)
is unwilling or unable to hear the case, a member of the ICC’s Code of
Conduct Commission (who shall have had no prior involvement with the
case and shall not, unless otherwise agreed between the parties, be from
a country participating in the International Match during, or in relation to
which, the alleged offence was committed) as a replacement to the Match
Referee and all of the remaining procedure will apply accordingly.
5.8 Where a Judicial Commissioner is, or becomes unwilling or unable to
hear a case (for example, where he/she finds him/herself in a position
of conflict), then the ICC’s Head of Legal shall have the discretion to
appoint another member of the ICC’s Code of Conduct Commission (who
shall have had no prior involvement with the case and shall not, unless
otherwise agreed between the parties, be from a country participating
in the International Match during, or in relation to which, the alleged
offence was committed) as a replacement to the Judicial Commissioner
and all of the remaining procedure will apply accordingly.
5.9 The ICC will issue a public announcement regarding any decision of
the Match Referee or Judicial Commissioner made under the Code of
Conduct, as soon as is reasonably practicable after the decision has
been communicated to the parties. The public announcement of the
decision may include details of the offences committed under the Code
of Conduct and of the sanctions imposed, if any. Until such time as a
public announcement is published, all parties and participants in the
proceedings shall treat such proceedings as strictly confidential. For the
avoidance of doubt, nothing in this Article shall prevent any party (or any
relevant National Cricket Federation) publicly confirming the date of the
hearing, the offence that is alleged to have been committed and/or the
name of the Player or Player Support Personnel charged.
ARTICLE 6 – STANDARD OF PROOF AND EVIDENCE
6.1 Unless otherwise described herein, the standard of proof in all cases
brought under the Code of Conduct shall be whether the Match Referee
or Judicial Commissioner is comfortably satisfied, bearing in mind the
seriousness of the allegation that is made, that the alleged offence has
been committed. This standard of proof in all cases shall be determined
on a sliding scale from, at a minimum, a mere balance of probability (for
the least serious offences) up to proof beyond a reasonable doubt (for
the most serious offences).
6.2 The Match Referee or Judicial Commissioner shall not be bound by judicial
rules governing the admissibility of evidence. Instead, facts relating to an
offence committed under the Code of Conduct may be established by any
reliable means, including admissions.
6.3 The Match Referee or Judicial Commissioner may draw an inference
adverse to the Player or Player Support Personnel who is asserted to
have committed an offence under the Code of Conduct based on his/
her refusal, without compelling justification, after a request made in
a reasonable time in advance of the hearing, to appear at the hearing
(either in person or telephonically as directed by the Match Referee or
Judicial Commissioner) and/or to answer any relevant questions.
ARTICLE 7 – SANCTIONS ON PLAYERS AND PLAYER SUPPORT PERSONNEL
7.1 Where a Match Referee or Judicial Commissioner determines that an offence
under the Code of Conduct has been committed, he/she will be required to
impose an appropriate sanction on the Player or Player Support Personnel.
7.2 In order to determine the sanction that is to be imposed in each case,
the Match Referee or Judicial Commissioner must first consider whether
the Player or Player Support Personnel has previously been found guilty
of an offence under the same Article of the Code of Conduct (or any
predecessor regulations that may have applied) within a period of twelve
months prior to the date on which the alleged offence took place.
7.3 Once the Match Referee or Judicial Commissioner has established whether
this is a repeat offence within the relevant twelve month period, then he/
she shall go on to take into account any other factors that he/she deems
relevant and appropriate to the mitigation or aggravation of the nature
of the Code of Conduct offence (including, without limitation, the nature
and frequency of any previous offences under the Code of Conduct)
before determining, in accordance with the following table, what the
appropriate sanction(s) should be:
7.4 Where a Match Referee or Judicial Commissioner imposes a period of
suspension on any Player or Player Support Personnel, then, unless such
period is for a fixed period of time (for example, one year) then, any such
period of suspension shall be referenced by Suspension Points, which shall
carry the following weightings:
7.4.1 a Test Match or any other International Match of at least four days
in duration is given a weighting of two (2) Suspension Points;
7.4.2 a One Day International Match or Twenty20 International Match is
given a weighting of one (1) Suspension Point; and
7.4.3 all other International Matches are given a weighting of one (1)
Suspension Point.
7.5 Where Suspension Points are imposed against a Player or Player Support
Personnel, then such Suspension Points will be applied in accordance with
the following principles:
7.5.1 the Match Referee or Judicial Commissioner shall have regard
to the Player’s or Player Support Personnel’s participation in the
various formats of International Matches over the previous two
years in order to determine (to the best of his/her ability) which
of the forthcoming International Matches the Player is most likely
to participate in or the Player Support Personnel is most likely to
assist the participation of a Player in;
7.5.2 where necessary, the Match Referee or Judicial Commissioner shall
be entitled to consult with the ICC in order to make a determination
as to which of the forthcoming International Matches the Player is
most likely to participate in or the Player Support Personnel is most
likely to assist the participation of a Player in;
7.5.3 in so far as is reasonably possible, the Match Referee or Judicial
Commissioner shall apply the Suspension Points to the subsequent
International Matches in which the Player is most likely to
participate in or the Player Support Personnel is most likely to
assist the participation of a Player in, on a chronological basis
immediately following the announcement of the decision;
7.5.4 where a Player or Player Support Personnel has his/her Suspension
Points applied to an International Match that is subsequently
cancelled, postponed or otherwise abandoned prior to the actual
day on which it is scheduled to take place, then such Suspension
Points must be reallocated to the next subsequent International
Matches in which the Player is most likely to participate in or the
Player Support Personnel is most likely to assist the participation of
a Player in. Where an International Match is cancelled, postponed
or otherwise abandoned at any time on the actual day on which
it is scheduled to take place, then the Suspension Points will
remain allocated to that International Match, irrespective of such
cancellation, postponement or abandonment.
Examples of the Application of Suspension Points:
1 Where a Player’s playing history suggests that he/she is most likely to
represent his National Cricket Federation in Test Matches only, then
the Suspension Points shall be applied to his/her future participation
in Test Matches only, so that six (6) Suspension Points would be
applied to the three (3) Test Matches immediately following the
announcement of the decision, notwithstanding that the National
Cricket Federation might be participating in intervening One Day
International Matches and/or Twenty20 International Matches.
2 Where a Player’s playing history suggests that he/she is likely to be
selected to represent his National Cricket Federation in all formats of
International Matches, then the Suspension Points shall be applied
to his/her future participation in all International Matches in the
sequential order in which such International Matches take place
immediately following the announcement of the decision. The
examples set out below, would apply to the following chronological
list of potential playing fixtures:
- Code of Conduct decision
- One-Day International Match – weighting 1 Suspension Point
(‘Match A’) - One-Day International Match – weighting 1 Suspension Point
(‘Match B’) - Test Match – weighting 2 Suspension Point (‘Match C’)
- Test Match weighting 2 Suspension Point (‘Match D’)
- Twenty20 International Match – weighting 1 Suspension Point
(‘Match E’) - Twenty20 International Match – weighting 1 Suspension Point
(‘Match F’)
a) One (1) Suspension Point would be applied to Match A;
b) Two (2) Suspension Points would be applied to Matches A and B;
c) Three (3) Suspension Points would be applied to Matches A, B and E;
d) Four (4) Suspension Point would be applied to Match A, B and C;
e) Five (5) Suspension Points would be applied to Matches A, B, C and E;
f) Six (6) Suspension Points would be applied to Matches A, B, C and D;
g) Seven (7) Suspension Points would be applied to Matches A, B, C, D
and E;
h) Eight (8) Suspension Points would be applied to Matches A, B, C, D,
E and F.
7.6 For the avoidance of any doubt:
7.6.1 the Match Referee or Judicial Commissioner will have no jurisdiction
to adjust, reverse or amend the results of any International Match;
7.6.2 where a Player or Player Support Personnel is found guilty of
committing two separate Code of Conduct offences that do not
relate to the same incident or set of circumstances arising during
an International Match and sanctioned separately for each offence,
then any sanctions should run cumulatively (and not concurrently);
7.6.3 where a Player or Player Support Personnel is found guilty of
committing two Code of Conduct offences in relation to the same
incident or set of circumstances arising during an International
Match and sanctioned separately, then any sanctions imposed
should run concurrently (and not cumulatively);
7.6.4 nothing in this Code of Conduct shall permit plea bargaining in
relation to any alleged offence committed under this Code of Conduct;
7.6.5 where the Match Referee or Judicial Commissioner finds a Player
or Player Support Personnel not guilty of the offence allegedly
committed under the Code of Conduct, then it remains open to
him/her, at his/her discretion, to find the Player or Player Support
Personnel guilty of an offence of a lower level than that with
which he/she has been charged. For example where a Player or
Player Support Personnel has been charged with (but been found
not guilty of) the Level 2 Offence of ‘showing serious dissent at an
Umpire’s decision’ (Article 2.2.1), the Match Referee may, instead,
find the Player or Player Support Personnel guilty of the Level 1
Offence of ‘showing dissent at an Umpire’s decision’ (Article 2.1.3)
and impose an appropriate sanction; and
7.6.6 where a fine and/or costs award is imposed against a Player or
Player Support Personnel, then such fine and/or costs award must
be paid: (a) by the Player or Player Support Personnel (and not any
other third party, including a National Cricket Federation); (b) to
the Player or Player Support Personnel’s National Cricket Federation
(for onward transmission to the ICC) within one calendar month
of receipt of the decision imposing the fine. However, the ICC will
consider any request from any Player or Player Support Personnel
to make the payment of such fines and/or costs over a prolonged
period of time on the grounds of financial hardship. Should any fine
and/or costs award (or agreed part-payment or instalment thereof)
not be paid to the relevant National Cricket Federation within
such deadline or by the time of the next agreed payment date, the
Player or Player Support Personnel may not play, coach or otherwise
participate or be involved in any capacity in any International Match
until such payment has been satisfied in full.
7.7 Where a Player or Player Support Personnel has had Suspension Points
imposed against him/her or has been suspended for a fixed period of
time, he/she may not play, coach or otherwise participate or be involved in
any capacity in the International Match(es) which: (a) are covered by the
application of his/her Suspension Points as determined in accordance with
Article 7.7; or (b) take place during the fixed period of his/her suspension.
NOTE: For the avoidance of any doubt, a Player or (where relevant) Player Support
Personnel who has had Suspension Points imposed against him/her or has been
suspended for a fixed period of time shall not, during the International Matches
which are covered by his/her Suspension Points or the period of suspension:
a) be nominated as, or carry out any of the duties or responsibilities
of, a substitute fielder; or
b) enter any part of the playing area (which shall include, for the
avoidance of doubt, the field of play and the area between the
boundary and perimeter boards) at any time, including during any
scheduled or unscheduled breaks in play.
In addition, Player Support Personnel so sanctioned shall not be permitted
to enter the players’ dressing room (including the viewing areas) during
any International Match covered by his/her Suspension Points or the
period of suspension. Players so sanctioned will, however, be permitted to
enter the players’ dressing room provided that the players’ dressing room
(or any part thereof) for the relevant International Match is not within
the player area described in (b) above (for example, no such Player shall
be permitted access to an on-field ‘dug-out’).
Finally, any Player or Player Support Personnel so sanctioned shall not be
prevented from attending any post-match ceremonies or presentations
taking place anywhere on the field of play or otherwise following the
conclusion of an International Match covered by his/her Suspension Points
or the period of suspension unless the suspension or Suspension Points have
been imposed in respect of a Level 3 or Level 4 Offence under this Code of
Conduct. In such circumstances, the Player or Player Support Personnel shall
not be permitted to attend such ceremonies or presentations.
7.8 Once any Suspension Points or fixed period of suspension has expired, the
Player or Player Support Personnel will automatically become re-eligible
to participate (in the case of a Player) or assist the participation (in the
case of a Player Support Personnel) in International Matches provided that
he/she has paid, in full, all amounts forfeited under the Code of Conduct,
including any fines, compensatory awards
or award of costs that may have been imposed against him/her.
ARTICLE 8 – APPEALS
8.1 Appeals from decisions in relation to a first Level 1 Offence
8.1.1 Decisions made under the Code of Conduct by a Match Referee in
relation to a first Level 1 Offence shall be non-appealable and shall
remain the full and final decision in relation to the matter.
8.2 Appeals from decisions in relation to: (a) a second,third or fourth Level 1
Offence; (b) a Level 2 Offence; or (c) a Minimum Over Rate Offence
8.2.1 Decisions made under the Code of Conduct by a Match Referee in
relation to: (a) a second, third or fourth Level 1 Offence within the
applicable twelve month period; or (b) a Level 2 Offence; or (c) a
Minimum Over Rate Offence, may be challenged solely by appeal as
set out in this Article 8.2. Such decision shall remain in effect while
under appeal unless any Judicial Commissioner properly convened
to hear the appeal orders otherwise.
8.2.2 The only parties who may appeal a decision of this nature shall
be: (a) the Player or Player Support Personnel found guilty of the
offence or, where appropriate in the case of an offence under
either Article 2.2.9 (changing the condition of the ball), 2.2.10
(manipulation of an International Match), or 2.5.1/2.5.2 (failure to
meet the Minimum Over Rate), the relevant Team Captain; and (b)
the ICC’s Chief Executive Officer (or his/her designee).
8.2.3 Any notice to appeal under this Article must be lodged with
the ICC’s Head of Legal within 48 hours of receipt of the written
decision of the Match Referee. In all cases, a copy of such notice
will also be provided to the CEO of the National Cricket Federation
to which the Player or Player Support Personnel is affiliated.
Thereafter, the following will apply:
8.2.3.1 Within 48 hours of receipt of a notice to appeal: (a) the
ICC’s Head of Legal will appoint a member of the ICC’s
Code of Conduct Commission who is (unless otherwise
agreed between the parties) from a country other than
those participating in the International Match during, or in relation to which, the alleged offence was committed, to act
as Judicial Commissioner and hear the appeal sitting alone;
and (b) the Match Referee will provide a written statement
to the ICC’s Head of Legal setting our any relevant facts (to
be copied to the Player or Player Support Personnel).
8.2.3.2 The provisions of Articles 5.1.2 to 5.1.11, applicable to
proceedings before the Match Referee, shall apply mutatis
mutandis (ie with changes deemed to have been made as
required to reflect the different context) to appeal hearings
before the Judicial Commissioner.
8.2.3.3 The Judicial Commissioner shall hear and determine all issues
arising from any matter which is appealed pursuant to this
Article on a de novo basis, ie he/she shall hear the matter over
again, from the beginning, without being bound in any way
by the decision being appealed. For the avoidance of doubt,
the Judicial Commissioner shall have the power to increase
or decrease, amend or otherwise substitute a new decision on
the appropriateness (or otherwise) of the sanction imposed at
first instance, provided that any new sanction must be within
the permitted range of sanctions set out in the table in Article
7.3 (or, where applicable, Article 4 of Appendix 2).
8.2.3.4 Appeal hearings pursuant to this Article 8.2 should be
completed expeditiously. Save where all parties agree
or fairness requires otherwise, the appeal hearing shall
be commenced no later than seven (7) days after the
appointment of the member of the Judicial Commissioner.
8.2.3.5 The Judicial Commissioner shall have the power to
order some or all of the costs of the appeal proceedings
(including the costs of holding the hearing, any interpretation costs, the legal and/or travel/accommodation costs
of the Judicial Commissioner and/or any other relevant
parties) to be paid by the appealing party if he/she
considers that such party has acted spuriously, frivolously
or otherwise in bad faith.
8.2.3.6 Any decision made by the Judicial Commissioner under this
Article 8.2, shall be the full, final and complete disposition
of the matter and will be binding on all parties.
8.3 Appeals from decisions in relation to a Level 3 Offence or Level 4 Offence
8.3.1 Decisions made under the Code of Conduct by a Judicial Commissioner
in relation to a Level 3 Offence or Level 4 Offence may be challenged
solely by appeal as set out in this Article 8.3. Such decision shall
remain in effect while under appeal unless any properly convened
Appeal Panel orders otherwise.
8.3.2 The only parties who may appeal a decision made in relation to a
Level 3 Offence or Level 4 Offence shall be: (a) the Player or Player
Support Personnel found guilty of the offence; and (b) the ICC’s
Chief Executive Officer.
8.3.3 Any notice to appeal under this Article must be lodged with the
ICC’s Head of Legal within seven (7) days of receipt of the written
decision of the Judicial Commissioner. In all cases, a copy of such
notice will also be provided to the CEO of the National Cricket
Federation to which the Player or Player Support Personnel is
affiliated. Thereafter, the following will apply:
8.3.3.1 Within forty-eight (48) hours of receipt of a notice to appeal:
(a) the ICC’s Head of Legal will appoint three members of the
ICC’s Code of Conduct Commission each of whom are (unless
otherwise agreed between the parties) from a country other
than those participating in the relevant International Match
to sit as the Appeal Panel to hear the appeal; and (b) the
Judicial Commissioner will provide a written statement to the
ICC’s Head of Legal setting our any relevant facts (to be copied
to the Player or Player Support Personnel).
8.3.3.2 The provisions of Articles 5.2.2 to 5.2.14, applicable to
proceedings before the Judicial Commissioner, shall apply
mutatis mutandis (ie with changes deemed to have been
made as required to reflect the different context) to appeal
hearings before the Appeal Panel.
8.3.3.3 The Appeal Panel shall hear and determine all issues arising
from any matter which is appealed to it pursuant to this Article
on a de novo basis, ie it shall hear the matter over again, from
the beginning, without being bound in any way by the decision
being appealed. For the avoidance of doubt, the Appeal
Panel shall have the power to increase or decrease, amend or
otherwise substitute a new decision on the appropriateness (or
otherwise) of the sanction imposed at first instance, provided
that any new sanction must be within the permitted range of
sanctions set out in the table in Article 7.3.
8.3.3.4 Appeal hearings pursuant to this Article 8.3 should be
completed expeditiously. Save where all parties agree
or fairness requires otherwise, the appeal hearing shall
be commenced no later than thirty (30) days after the
appointment of the Appeal Panel.
8.3.3.5 The Appeal Panel shall have the power to order some or
all of the costs of the appeal proceedings (including the
costs of holding the hearing, any interpretation costs, the
legal and/or travel/accommodation costs of the Appeal
Panel and/or any other relevant parties) to be paid by the
appealing party if it considers that such party has acted,
spuriously, frivolously or otherwise in bad faith.
8.3.3.6 Any decision made by the Appeal Panel under this Article
8.3, shall be the full, final and complete disposition of the
matter and will be binding on all parties.
8.4 No appeal in relation to an accepted sanction
8.4.1 For the avoidance of doubt, where a Player or Player Support
Personnel admits the offence charged and accedes to the proposed
sanction specified in the Notice of Charge in accordance with the
procedure described in Articles 4.2.1 or 4.6.1, the Player or Player
Support Personnel waives his/her right to any appeal against the
imposition of such a sanction.
ARTICLE 9 – RECOGNITION OF DECISIONS
9.1 Any hearing results or other final adjudications under the Code of Conduct
shall be recognised and respected by the ICC and its National Cricket
Federations automatically upon receipt of notice of the same, without
the need for any further formality. Each of the ICC and its National Cricket
Federations shall take all steps legally available to it to enforce and give effect
to such decisions.
9.2 It shall be a condition of membership of the ICC that all National Cricket
Federations shall comply with the Code of Conduct.
ARTICLE 10 – AMENDMENT AND INTERPRETATION OF THE CODE OF CONDUCT
10.1 The Code of Conduct may be amended from time to time by the Executive
Board of the ICC, with such amendments coming into effect on the date
specified by the ICC.
10.2 The headings used for the various Articles of the Code of Conduct are for
the purpose of guidance only and shall not be deemed to be part of the
substance of the Code of Conduct or to inform or affect in any way the
language of the provisions to which they refer.
10.3 The Code of Conduct shall come into full force and effect on 1 October
2012 (the ‘Effective Date’). It shall not apply retrospectively to matters
pending before the Effective Date; provided, however, that any case
pending prior to the Effective Date, or brought after the Effective Date but
based on an offence that is alleged to have occurred before the Effective
Date, shall be governed by the predecessor version of the Code of Conduct
in force at the time of the alleged offence, subject to any application of
the principle of lex mitior by the hearing panel determining the case.
10.4 If any Article or provision of this Code of Conduct is held invalid,
unenforceable or illegal for any reason, the Code of Conduct shall remain
otherwise in full force apart from such Article or provision which shall be
deemed deleted insofar as it is invalid, unenforceable or illegal.
10.5 The Code of Conduct is governed by and shall be construed in accordance
with English law. Strictly without prejudice to the arbitration provisions
of Articles 5 and 8 of the Code of Conduct, disputes relating to the Code of
Conduct shall be subject to the exclusive jurisdiction of the English courts .