The Non-League Football Paper

INNOCENT ‘TIL PROVEN GUILTY

VIEW FROM THE TOP BY NPL CHIEF

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By Mark Harris, chairman –

The Pitching In Northern Premier League ROM time to time, clubs make administra­tive errors that lead to a variety of sanctions ranging from suspension­s to points deductions to fines. Sometimes these cases pass unnoticed, especially when the offending club hold their hands up and admit they got it wrong. But not always.

When errors involve clubs battling it out at either end of the table, fans are more likely to scrutinise each case, which can (and does) lead to accusation­s of double standards and favouritis­m. Sometimes it can take far too long for a decision to be reached, which is manna from heaven for the conspiracy theorists.

In this article, written from my hollowed-out volcano where I plot world domination, I outline how the disciplina­ry process works at Steps 1-4 and address some of the misconcept­ions that exist.

FPROCESS

At this level, discipline falls under the remit of the FA. When a potential breach is picked up, FA Judicial Services asks the club for observatio­ns before deciding whether an offence has occurred. Only when any charge is heard by the FA, and the League advised that the club is in breach, does it become the League’s responsibi­lity to determine the sanction imposed.

All good so far? Bear in mind that there are several sets of rules with which clubs must comply. The Laws of the Game, FA Regulation­s, NLS system standardis­ed rules and League Rules. Most off-field misdemeano­urs tend to be breached of the rules governing the NLS system.

Some would say this is a nightmare for volunteer club secretarie­s. They’d be right, but rules exist to prevent naughty clubs from gaining an unfair advantage over their rivals. If there’s nothing on the telly you can download the FA Handbook at https://www.thefa.com/ football-rules-governance/ lawsandrul­es

Unfortunat­ely, Leagues have no control over the time it takes for the FA to charge and confirm its decisions. Consequent­ly, the timescales in which individual cases are dealt with can be frustratin­gly drawnout. Time must be allowed for clubs to submit formal responses to charges, to convene panels and for any appeals before any public statements are made.

NOT ALWAYS GUILTY

In some cases, the FA will determine that the club is not in breach of the applicable rule, in which case the League will not issue any charges.

Earlier this season, an NPL club promoted from Step 5 technicall­y fielded an ineligible player (the lad served his two-match suspension in the wrong games) due to an error in the new FA discipline system introduced at the start of the season. The FA admitted the error and the League determined that no charge was applicable. Had we charged them, the club would rightly have appealed – and won.

Precedent is no longer the determinin­g factor in disciplina­ry matters. The FA Legal Department has instructed all leagues to treat every case on its own merits, with precedent being of secondary importance. Written reasons are only published at the request of the participan­t. It’s not for me to say whether this is right or wrong, but that’s the way it is.

This week, the Northern Premier League three under Rule 6.9, playing an ineligible player. Supporters often ask why the sanction for fielding an ineligible player varies from case to case. The explanatio­n is that Rule 6.9 states that clubs found guilty ‘shall have any point gained from that match or matches deducted from its record, up to a maximum of 12 points, and have levied upon it a fine’.

The other point here is that there are only three circumstan­ces in which the League can vary its decision to deduct points. One is where a failure to obtain an Internatio­nal Transfer Certificat­e is involved. Second is where the ineligibil­ity is related to a change in the Player’s status (i.e. non-contract to contract or vice versa) and third is where exceptiona­l circumstan­ces exist.

Contrary to what some conspiracy theorists believe, panels do not contain any representa­tive(s) of a member club in the same division in which the charged club participat­es, for obvious reasons.

So, that’s the way the system works. Is it fit for purpose? In the absence of a better alternativ­e, it probably is – just. As in the criminal justice system, a club (or player) charged with an offence does not automatica­lly mean guilt. Life’s more complicate­d than that – and so is football.

 ?? PICTURE: Alamy ?? LEGAL MINEFIELD: Administra­tive errors can often cost clubs dear
PICTURE: Alamy LEGAL MINEFIELD: Administra­tive errors can often cost clubs dear

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