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30 October 2024
Disputes Quick Read – 7 of 101 Insights
Essex Cricket Club charged by Cricket Regulator
- Quick read
In June 2024, Essex County Cricket Club (Essex) was charged by the Cricket Regulator over allegations relating to historic racist or discriminatory conduct at the club between 2001 and 2010. The case was heard by the independent Cricket Discipline Commission (CDC) and Essex have recently been fined £100,000 (half the fine suspended for two years) after admitting to a "systemic use" of inappropriate language which the club failed to deal with.
Regulatory framework
The England and Wales Cricket Board (ECB) is the national governing body of the sport of cricket in England and Wales. The overarching rules and regulations of the game are set out in the Directives of the ECB. Until recently, the ECB had a dual role as both promoter and regulator of domestic cricket. However, in December 2023, an independent Cricket Regulator was set up following recommendations from the Independent Commission for Equity in Cricket (ICEC) that a new regulatory body be established to investigate alleged regulatory breaches and make decisions about whether to bring charges.
When a case is brought, the Cricket Regulator conducts its own investigation and determines whether there is sufficient evidence to put the case before the CDC. The CDC - which likewise operates at arm's length from the ECB - is responsible for dealing with alleged breaches of the ECB's Rules and Regulations and will hear the case.
The CDC can take action against registered cricketers, coaches employed by a club (for acts after March 2018), umpires and match referees, registered agents, ECB committee members and any others who have agreed in writing to be bound by the CDC Regulations. The CDC is empowered to impose the broad range of sanctions set out in the CDC Regulations, including, but not limited to, reprimands, fines and suspensions.
The alleged breaches by Essex
Charges were brought against Essex for breaches of ECB Directive 3.3, which states that "no participant may conduct themselves in a manner, do any act or make any omission at any time which is improper or which may be prejudicial to the interests of cricket or which may bring the ECB, the game of cricket or any cricketer or group of cricketers into disrepute."
These charges follow a report published by Katharine Newton KC, at the request of the club, which concluded that several players were subject to racist abuse and racially discriminatory behaviour during their time at Essex. The report made a series of recommendations, including the introduction of compulsory EDI training, prompt and thorough investigations of allegations of discriminatory conduct, and the revision of sanctions imposed by the Club for discriminatory behaviour.
The charges come in the wake of the racism scandal that hit Yorkshire Cricket Club (Yorkshire), which culminated in the club being docked 48 points from the 2023 County Championship and receiving a £400,000 fine. The ECB had previously brought charges against Yorkshire and seven individuals in June 2022 for breaches of the same ECB Directive 3.3. This followed an ongoing dispute which saw former Yorkshire player Azeem Rafiq raise allegations of institutional racism in September 2020.
Looking ahead
Essex was fined £100,000 – half of it suspended for two years – by the CDC. However, the CDC has stated that the decision ought not to be considered a form of precedent, which suggests that the CDC may well consider each matter on a case-by-case basis, rather then follow a more mechanical approach to sanctions.
Still being in its early stages, the Cricket Regulator is under pressure to thoroughly investigate all allegations, reach decisions supported by evidence, and decide whether to formally bring charges. It must be seen not only to get to a position which is correct, but must also gain the confidence of all members of the sport that cases will be dealt with fairly and efficiently. This will allow members to feel that they can engage with the Cricket Regulator and in turn encourage cooperation. It should be noted that in 2023, the ICEC recommended that the sanctions available to the CDC be strengthened, including the power to suspend or cancel the right to host high profile matches. That being said, the ECB has not directly addressed this recommendation, only confirming that it will be considering the sanctions made available to the CDC.
These cases represent some of the first significant charges brought by the newly established Cricket Regulator and demonstrate this regulator's growing importance and influence on the sport. In an evolving regulatory landscape, it is important that clubs and players are aware of the game's fast-changing disciplinary processes and the potential ramifications for breaches of the Directives. Clubs should have their own internal compliance and disciplinary processes which ensure strict compliance with the ECB Rules and Regulations and we would recommend advisers with experience dealing with regulators are involved from the outset should the Cricket Regulator bowl up with questions.
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