European Rugby discipline hearings

[irishref]

I need some help, I'm totally confused here. It concerns 2 incidents from the same match, Wasps v Harlequins. Wasps no.8 Nathan Hughes was cited for a dangerous tackle on the quins no.10 and Harlequins flanker Dave Ward was cited for a headbut.

Dave Ward pleaded not guilty, the committee reduced his ban by 1 week for a clean previous record

Nathan Hughes pleaded not guilty, however to quote the EPCR webpage:

There were no aggravating factors, however, as the player did not plead guilty, the Committee was not able to reduce the sanction by the maximum allowable of 50 per cent, and a suspension of two weeks

My understanding was that if you plead not guilty, you cannot receive a reduction for a clean record etc etc. And this would seem to be the case with Nathan Hughes.

But the Dave Ward decision, am I missing something?

 

[Camquin]

Hughes does not have a clean record - he got a red card v Norhampton 27 March 2015.

 

[didds]

am I missing something?

presumably the only thing you are missing is that they presumably stuffed up...

 

[SimonSmith]

I need some help, I'm totally confused here. It concerns 2 incidents from the same match, Wasps v Harlequins. Wasps no.8 Nathan Hughes was cited for a dangerous tackle on the quins no.10 and Harlequins flanker Dave Ward was cited for a headbut.

Dave Ward pleaded not guilty, the committee reduced his ban by 1 week for a clean previous record

Nathan Hughes pleaded not guilty, however to quote the EPCR webpage:

There were no aggravating factors, however, as the player did not plead guilty, the Committee was not able to reduce the sanction by the maximum allowable of 50 per cent, and a suspension of two weeks

My understanding was that if you plead not guilty, you cannot receive a reduction for a clean record etc etc. And this would seem to be the case with Nathan Hughes.

But the Dave Ward decision, am I missing something?

The DC has wide latitude:

Thereafter, the Disciplinary Committee or Judicial Officer shall identify anyrelevant off-field mitigating factors and determine if there are grounds forreducing the period of suspension and subject to Regulations 17.19.6 and17.19.7 the extent, if at all, by which the period of suspension should bereduced. Mitigating factors include the following:
(a) the presence and timing of an acknowledgement ofculpability/wrong-doing by the offending Player;
(b) the Player’s disciplinary record and/or good character;
(c) the youth and inexperience of the Player;
(d) the Player’s conduct prior to and at the hearing;
(e) the Player having demonstrated remorse for his conduct to the victimPlayer including the timing of such remorse;
and(f) any other off-field mitigating factor(s) that the Disciplinary Committeeor Judicial Officer considers relevant and appropriate.

There isn't a formal requirement to cop a plea.

 

[irishref]

Hi Simon,

I understand the list of possible mitigating factors, but my puzzlement is that the EPCR statement says, clearly to me, that the only reason for not giving Hughes a discount was his not-guilty plea.

Yours head-scratchingly,
Bemused from weird-on-sea

 

[Pegleg]

Hearings and their outcomes are as easy to understand and make as much sense as The X Factor.

 

[TigerCraig]

Hi Simon,

I understand the list of possible mitigating factors, but my puzzlement is that the EPCR statement says, clearly to me, that the only reason for not giving Hughes a discount was his not-guilty plea.

Yours head-scratchingly,
Bemused from weird-on-sea

that sounds pretty normal - certainly how most professional sports here work. Plead guilty get a reduced penalty.

At our level the ref can put a note on the send off report to recommend acceptance of a guilty plea for low range offences. If the tribunal agree then the player can take a 1 week suspension without the need for a hearing

 

[Camquin]

You have not mentioned the fact that Mahler's ban was for three weeks, but was extended to four as he would not be picked for the AW Cup.
But Hughes' ban counted the AWC match.
Quins and England have appealed and it is now expected Mahler will be available in 3 weeks.

This also happens at lower levels - Cambridge player coach Darren Fox was banned for an incident last season when he was still with Peterborough.
He thought that the County Cup games counted - but was then told they didn't count as only league games matter.
Now I am not sure what would have happened if he had played.

 

[crossref]

that sounds pretty normal - certainly how most professional sports here work. Plead guilty get a reduced penalty.

But the point in the OP is that Dave Ward pleased NOT guilty , and still managed to get his sentence reduced by a week

 

[TigerCraig]

But the point in the OP is that Dave Ward pleased NOT guilty , and still managed to get his sentence reduced by a week

Ahh. Sorry I misread