APPENDIX 4
PROCEDURE TO BE USED IN DISCIPLINARY HEARINGS – FLOW CHART
     
 (for cases of Citing, or to consider action following Red/Yellow Cards)

Check that behaviour constitutes breach of Laws and ensure charge(s) is (are) properly drafted.

Do you object to either the composition or constitution of this Panel (see note 1)?

Charge(s) read out by Chairman.

Do you admit or deny the charge(s)?

IF ADMIT (guilty plea)

Referees report read out.  In citing cases, citing Club outline facts.  Video evidence (if available) may be shown.  Witnesses may be called (normally only where accused admits the offence(s) but disagrees substantially with the prosecution version of facts)(Note 2).

IF DENY (not guilty plea)

READ WARNING 1

Hear prosecution witnesses, Evidence of referee and see video.  In case of citing allow accused or rep to ask questions of each.  In case of yellow/red card ask questions through Chair.

DECIDE (in citing cases)

Citing Club has failed to make a case: Dismiss the charge(s), no order for costs.

Citing Club has made out case whch needs to be answered: READ WARNING 2

Hear accused.  Hear defence witnesses.  Allow citing club to cross-examine.  Chairman asks questions of each.

Clear room to consider.

DECIDE

Charge(s) not proved: Dismiss the charge(s), no order for costs.

Charge(s) proved: Inform accused.

Examine disciplinary record.
Hear mitigation.

Clear room to consider penalty.
Complete Discipline Judgment form.

Reconvene to announce penalty/costs.

Note 1. Each application should be considered on its own merits, but the panel should be objectively and demonstrably impartial.  

Note 2. And where the penalty is likely to be different depending on which version of events is accepted.

WARNING 1. You will have the opportunity to put your side of the case after the prosecution case has been heard.  You will be given the opportunity to ask questions of each witness.

WARNING 2. (In case of citing).  You may now give evidence on your own behalf.  If you do the citing Club representatives will be given the opportunity to cross-examine you.

SPECIMEN CHARGE SHEET

To be prepared after reference to match official report and current iRB Law Book.

STATEMENT OF OFFENCE

Striking, contrary to Law 10(4)(a).

PARTICULARS OF OFFENCE

On the 1st May 2007, Joe BRAND, BLACK RFC, struck an opponent to the head during the match (29th minute of the second half) BLACK RFC V WHITE RFC.”

DISCIPLINE JUDGEMENT FORM
                                                                         
DISCIPLINARY HEARING

VENUE:

DATE:

JUDGMENT

Player:   (Name)

Club:      (Name of player’s club)

Match:   

Venue:       

Date Of Match:
   
Panel:             (Members making up Panel, i.e. Chairman, followed by Panel)

In attendance: (List of those who attend the hearing, i.e. club personnel, witnesses, referees advisor, etc.)
        
To consider:   (i.e. “The sending off of (player’s name and club) for an act of (give reason) during (… minute of second half) the match between (clubs names) on the (date) contrary to Law (as found in the Law Book).

EVIDENCE AS TO FACT

The Panel has considered:

1. Sending off report and oral evidence from the referee.
2. Oral evidence and written statement from the player (name).
3. Written witness statements from (names).

DECISION

The Panel finds the player guilty/not guilty.  The reasons for their decision are particular attention should be paid to paragraph 8.2 of the Regulations in relation to aggravating and mitigating features.

MITIGATION

The Panel took into account the following points…

SANCTION

The player is suspended for …weeks, running from …date…to ….. date.  The player is free to play again on (date).
 
COSTS

The Panel  makes an award of costs against…..(player/club).

RIGHT OF APPEAL

The right of, and procedure on, appeal is set out in the RFU Disciplinary Regulations 12.1.1.

Signed: (Signature)

Date: