Jambos Legal Challenge

[Moulin Yarns]

Here's a question, will Hearts be dealt with as a Premiership club or a Championship club? same geos for Thistle, Championship or leage 1 club?

The sanctions available are different depending on the league you are in. For Partick it is the same sanctions, but for hearts there's a difference.

For hearts it could be anything from £1000 up to expulsion

Maximum sanctions for a Premiership club

£5,000,000 and/or ejection from the Scottish
Cup and/or exclusion from the Scottish Cup
and/or any player registration restrictions
and/or suspension and/or termination of
membership and/or any sanction or disposal
not expressly provided above, provided that
such other sanctions are sanctions listed in
respect of other Rules or at Paragraph 11.5
of this Protocol.

https://www.scottishfa.co.uk/scottish-fa/football-governance/judicial-panel-protocol/


Oh yes!!

Determination of Sanction
11.4 Where the Tribunal has discretion in its Determination of the sanction(s) to be imposed
in respect of a breach of the Disciplinary Rules, the Tribunal should generally proceed
to Determine the sanction to be imposed by:
11.4.1 Considering whether the breach was committed either (i) intentionally,
with deliberate action; and/ or (ii) recklessly, where the Party’s actions were not
intentional; and/or (iii) carelessly, where the risk of committing an act of breach
was or should have been apparent.
11.4.2 Considering all issues directly relating to the incident, including:
11.4.2.1 The nature of the actions and the manner in which
the breach occurred;
11.4.2.2 The existence of provocation and whether the Party acted in retaliation
and/or self-defence;
11.4.2.3 The effect of the Party’s actions on the victim of the breach, including
any injury caused;
11.4.2.4 The vulnerability of the victim of the breach;
11.4.2.5 The effect of the Party’s actions on the game, including whether it
changed the nature of a match;
11.4.2.6 The level of premeditation;
11.4.2.7 Whether the breach was completed, or whether it amounted
to an attempt; and/or
11.4.2.8 Any other on-field (where appropriate) or general issue relevant
to the breach.
11.4.3 Weighing up the factors set out in Paragraphs 11.4.1 and 11.4.2 to Decide
the gravity of the incident and whether the gravity of the incident is such that
the appropriate sanction for the breach of the Disciplinary Rule falls within
the Lower–End, Mid-Range or Top End parts of the Scale of Sanctions range,
or whether it merits the Maximum sanction.
11.4.4 Considering any aggravating factors they Decide are established including:
11.4.4.1 Absence or lack of remorse and/or contrition on the part of the Party;
11.4.4.2 Where the Party in Breach has breached any Disciplinary Rule,
including where a censure has been awarded, within the Season
in which the breach occurred and the two immediately preceding
Seasons, then the Tribunal may increase the sanction for the breach,
having regard to the number of previous breaches of any Disciplinary
Rule within that period;
11.4.4.3 Prolongation of the incident;
11.4.4.4 The continued use of offensive, abusive and insulting language
and/or behaviour;
11.4.4.5 Calling a match official a cheat and/or calling a match official’s integrity
into question;
11.4.4.6 Failure to comply with a match official’s requests;
11.4.4.7 The adoption of aggressive behaviour towards a match official;
11.4.4.8 The need for a deterrent to combat the particular pattern of offending;
11.4.4.9 Whether the incident is sectarian, racist, sexual or otherwise
discriminatory in nature;
11.4.4.10 Whether the incident involved any element of physical violence;
11.4.4.11 Whether a single incident (insofar as such incident is not referred
as separate Breaches) comprises a breach of more than one
Disciplinary Rule;
11.4.4.12 The Party’s Conduct during proceedings, including at the hearing.
For the avoidance of doubt, examples of instances where the Party’s
Conduct may be considered an aggravating factor may include
(but not be limited to) instances where the Party:
I. is un-cooperative with any Direction by the Compliance Officer,
the Tribunal, and/or the Scottish FA;
II. submits responses or material to the Compliance Officer,
the Tribunal, and/or the Scottish FA which the Tribunal considers,
in its absolute discretion, give rise to questions about the credibility
or reliability of such;
III. is threatening or aggressive towards the Compliance Officer,
the Tribunal and/or the Scottish FA; or
IV. behaves in some other way which the Tribunal considers
to be inappropriate.
11.4.4.13 Any other general aggravating factor considered to be relevant;
and Deciding whether any such aggravating factors cause the gravity
of the breach of the Disciplinary Rule to be increased.
11.4.5 Considering all mitigating factors they Decide are established, including:
11.4.5.1 The existence and timing of an acknowledgement of the breach
by the Party;
11.4.5.2 A good disciplinary record;
11.4.5.3 Good character;
11.4.5.4 The Party’s Conduct during proceedings, including at the hearing;
11.4.5.5 The Party’s remorse for actions; and/or
11.4.5.6 Any other general mitigating factors;
and Deciding whether any such mitigating factors cause the gravity of the breach
of the Disciplinary Rule to be decreased.
11.4.6 Considering any other factors which the Tribunal considers to be relevant
to the level of sanction;
11.4.7 Weighing up the factors set out in Paragraphs 11.4.4 ,11.4.5 and 11.4.6 to Decide
the gravity of the breach of the Disciplinary Rule. In particular, the Tribunal will
consider whether the breach now falls within the Lower–End, Mid-Range or Top
End of the Scale of Sanctions range, or whether it now merits Maximum sanction,
before finally Determining the appropriate sanction.

[mal]

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Here's a question, will Hearts be dealt with as a Premiership club or a Championship club? same geos for Thistle, Championship or leage 1 club?

The sanctions available are different depending on the league you are in. For Partick it is the same sanctions, but for hearts there's a difference.

For hearts it could be anything from £1000 up to expulsion

Maximum sanctions for a Premiership club



https://www.scottishfa.co.uk/scottish-fa/football-governance/judicial-panel-protocol/

Logically, they should be dealt with as a Championship club. They were officially relegated before they went to court.

[Moulin Yarns]

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Logically, they should be dealt with as a Championship club. They were officially relegated before they went to court.

In which case the maximim fine is £1,000,000 instead of £5,000,000 but every other sanction is the same.

[Pete70]

My guess is they will get a £100k fine and maybe a transfer ban.

[hibbyfraelibby]

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In which case the maximim fine is £1,000,000 instead of £5,000,000 but every other sanction is the same.

To be fair a fine would just get benifactored out of the way and prove to be no real punishment.

Personally I'd impose the player registration ban for three full windows, with the 3rd period being suspended.

That would stunt their ability to skoosh the Championship through financial doping, doesn't impose a punitive and, according to Lord Clark, potentially unlawful financial penalty and keeps them "in the game" but hamstrung.

The seeth from the glue factory neighbours would be epic.

[CapitalGreen]

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To be fair a fine would just get benifactored out of the way and prove to be no real punishment.

Personally I'd impose the player registration ban for three full windows, with the 3rd period being suspended.

That would stunt their ability to skoosh the Championship through financial doping, doesn't impose a punitive and, according to Lord Clark, potentially unlawful financial penalty and keeps them "in the game" but hamstrung.

The seeth from the glue factory neighbours would be epic.

I’ve seen this said quite a lot, mostly by Jambos. Any money James Anderson has to fund an SFA fine will be less money Hearts get for improving their squad. He makes annual contributions, he’s not given them a blank cheque book.

[mal]

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I’ve seen this said quite a lot, mostly by Jambos. Any money James Anderson has to fund an SFA fine will be less money Hearts get for improving their squad. He makes annual contributions, he’s not given them a blank cheque book.

I agree that a fine would still hurt Hearts. You'd also have to wonder whether any benefactor seeing his contributions squandered by idiots might not just decide to put his money where it might benefit worthwhile causes in future.

[Booked4Being-Ugly]

They’ll get a £5k fine and transfer ban for 6 months or something IMO.

[hibbyfraelibby]

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I’ve seen this said quite a lot, mostly by Jambos. Any money James Anderson has to fund an SFA fine will be less money Hearts get for improving their squad. He makes annual contributions, he’s not given them a blank cheque book.

Remember Anderson is only one contributor. Benny Factor jnr or Phil Anthropist or Don Hater are also in the background throwing money at them not to mention their far eastern investor Ban Ki Roller.😉

[grunt]

Will we get an announcement today?

[calumhibee1]

A transfer ban would be outstanding. That squad they’ve got would made hard work of that league.

[Sammy7nil]

https://www.hmfckickback.co.uk/uploa...5d67876ff.jpeg

Don’t know if the pic will work but this has the jambos seething 😁

[Kato]

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https://www.hmfckickback.co.uk/uploa...5d67876ff.jpeg

Don’t know if the pic will work but this has the jambos seething 😁

Had a look for the first time since they were relegated/expelled/deleted/sent to coventry/sent to a leper colony. 29 Pages on boycotting away grounds with them all at each others throats. Nice.

[Peevemor]

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Had a look for the first time since they were relegated/expelled/deleted/sent to coventry/sent to a leper colony. 29 Pages on boycotting away grounds with them all at each others throats. Nice.

Especially when you consider that their season doesn't start for another couple of months and we've no idea when supporters will be allowed back in to watch matches.

[Bostonhibby]

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Especially when you consider that their season doesn't start for another couple of months and we've no idea when supporters will be allowed back in to watch matches.

I imagine Mrs doctor Budge will do a sermon from the mount telling them that as they'll only be able to watch the games on telly their boycott will mean chucking their TV's out the window.

That'll teach the SPFL not to relegate the bottom team.

Sent from my SM-A750FN using Tapatalk

[Moulin Yarns]

Can't have the thread disappear, so,

https://www.lawinsport.com/topics/it...sh-premiership

[grunt]

Result should be posted here https://www.scottishfa.co.uk/scottis...inary-updates/

[Moulin Yarns]

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Result should be posted here https://www.scottishfa.co.uk/scottis...inary-updates/

Here's where you will find it first


https://www.hmfckickback.co.uk/index.php?/topic/188814-spfl-declare-league-due-to-covid-arbitration-panel-upholds-spfl-decision/page/1799/

[theonlywayisup]

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Result should be posted here https://www.scottishfa.co.uk/scottis...inary-updates/

It's interesting that they give a 5 match ban for "No member of Team Staff shall commit Misconduct at a match". I wonder what punishment they'll give for "No member or Associated Person shall take a dispute which is referable to arbitration in terms of Article 99 to a court of law except as expressly permitted by the terms of Article 99."

Disciplinary Tribunal Update | Richard Cheyne, Assistant Manager, Huntly FC
Friday 27 March 2020
Alleged Party in Breach: Richard Cheyne, Assistant Manager, Huntly FC


Match: Buckie Thistle FC v Huntly FC
Date: Saturday 7 March 2020
Competition: Highland Football League
Disciplinary Rule allegedly breached: Disciplinary Rule 203 – No member of Team Staff shall commit Misconduct at a match.
Principal hearing date: Thursday 26 March 2020


Outcome: Suspension of 5 matches immediate

[660]

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Can't have the thread disappear, so,

https://www.lawinsport.com/topics/it...sh-premiership

Can you post the article. I can’t be bothered registering

[Ryan91]

It's too long to post on here, so I've stuck in on pastebin, feel free to read it on there at the following link -

https://pastebin.com/tsciPxnk

[Brummie_Hibs]

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It's too long to post on here, so I've stuck in on pastebin, feel free to read it on there at the following link -

https://pastebin.com/tsciPxnk

Is that the official Arbitration documentation?

Not have time to read it yet, but I can't imagine an official, legal document would end:

"It therefore won’t be long until the Hearts and Partick Thistle legal teams will be fighting their corner again………"

[Ryan91]

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Is that the official Arbitration documentation?

Not have time to read it yet, but I can't imagine an official, legal document would end:

"It therefore won’t be long until the Hearts and Partick Thistle legal teams will be fighting their corner again………"

it's not, just some lawyer's opinion, not anything official at all, don't think the arbitration info will be available for public consumption.

[grunt]

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It's interesting that they give a 5 match ban for "No member of Team Staff shall commit Misconduct at a match".

Yeah but that was Huntly FC, they always seem to come down heavy on the lower league clubs.

[MrSmith]

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it's not, just some lawyer's opinion, not anything official at all, don't think the arbitration info will be available for public consumption.

appears to me like some disgruntled hearts fan wrote that pile of self serving poor me rubbish!

[Hibs90]

£2500 fine?

Disciplinary Tribunal Update | Heart of Midlothian FC
Thursday 6 August 2020
Alleged Party in Breach: Heart of Midlothian FC

Disciplinary Rule allegedly breached: Disciplinary Rule 78 - No member or Associated Person shall take a dispute which is referable to arbitration in terms of Article 99 to a court of law except as expressly permitted by the terms of Article 99.

Principal hearing date: Thursday 6 August 2020

Outcome: £2500 fine

Disciplinary Tribunal Update | Partick Thistle FC
Thursday 6 August 2020
Alleged Party in Breach: Partick Thistle FC

Disciplinary Rule allegedly breached: Disciplinary Rule 78 - No member or Associated Person shall take a dispute which is referable to arbitration in terms of Article 99 to a court of law except as expressly permitted by the terms of Article 99.

Principal hearing date: Thursday 6 August 2020

Outcome: £2500 fine


https://www.scottishfa.co.uk/scottis...inary-updates/

[Billy Whizz]

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£2500 fine?

Disciplinary Tribunal Update | Heart of Midlothian FC
Thursday 6 August 2020
Alleged Party in Breach: Heart of Midlothian FC

Disciplinary Rule allegedly breached: Disciplinary Rule 78 - No member or Associated Person shall take a dispute which is referable to arbitration in terms of Article 99 to a court of law except as expressly permitted by the terms of Article 99.

Principal hearing date: Thursday 6 August 2020

Outcome: £2500 fine

Disciplinary Tribunal Update | Partick Thistle FC
Thursday 6 August 2020
Alleged Party in Breach: Partick Thistle FC

Disciplinary Rule allegedly breached: Disciplinary Rule 78 - No member or Associated Person shall take a dispute which is referable to arbitration in terms of Article 99 to a court of law except as expressly permitted by the terms of Article 99.

Principal hearing date: Thursday 6 August 2020

Outcome: £2500 fine


https://www.scottishfa.co.uk/scottis...inary-updates/

That’s a paltry fine, but we don’t know the costs they’ll have to pay to the other clubs

[DaveF]

Two and a half grand? Yip, that'll teach them 😂

[Gorebridge Hibb]

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£2500 fine?

Disciplinary Tribunal Update | Heart of Midlothian FC
Thursday 6 August 2020
Alleged Party in Breach: Heart of Midlothian FC

Disciplinary Rule allegedly breached: Disciplinary Rule 78 - No member or Associated Person shall take a dispute which is referable to arbitration in terms of Article 99 to a court of law except as expressly permitted by the terms of Article 99.

Principal hearing date: Thursday 6 August 2020

Outcome: £2500 fine

Disciplinary Tribunal Update | Partick Thistle FC
Thursday 6 August 2020
Alleged Party in Breach: Partick Thistle FC

Disciplinary Rule allegedly breached: Disciplinary Rule 78 - No member or Associated Person shall take a dispute which is referable to arbitration in terms of Article 99 to a court of law except as expressly permitted by the terms of Article 99.

Principal hearing date: Thursday 6 August 2020

Outcome: £2500 fine


https://www.scottishfa.co.uk/scottis...inary-updates/

What a waste of time !!

[Billy Whizz]

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What a waste of time !!

Not really, they lost the case, and will have to pay the costs involved