but that law is antiquated - in the modern game from pros to u13s you never see a kicker build a mound to kick from.
consider
1 - I indicate PK red
2 - capt says 'we'll have shot'
3 - I signal the TJs and make a mark on the ground
4 - the ball is som metres away where the oppo left it, so the 10, before he fetches it, he enlarges my mark a bit so that he doesn't misplace it
5 - the 10 returns with ball and waits at the mark for the tee
6 - tee arrives
7 - 10 takes kick
In that every-day entirely normal sequence
- the moment he is committed to the kick is (2)
- the one minute countdown starts at (6)
It would be a pedantic ref indeed who started his 1 minute countdown at (4) in accordance with 21.4(b)
I am that pedantic ref. I am aware of nothing in law or clarification that would say I am wrong.
it's not just unconventional - - its actually wrong though
-- there was a a law clarification to answer the question of exactly when the minute starts, and the answer was the arrival of the tee, or sand, or making mark on ground.
That clarification must have preceded 2002, as it does not appear on the iRB website - or at least, not in relation to Law 21. What we now have, nine years later, is a clear statemetn in Law 9.B.1 that the minute starts when the kicker makes a mark on the ground as an indication of his intention to kick. IMO, the fact that the drafter didn't include as an "indication to kick" the situation in which the kicker says "I'm going to kick" does
not mean that this statement is NOT, in fact, an indication to kick. I have reffed on plenty of rutted pitches in midwinter, where it is perfectly possible for the kicker to upend a ball in one of the myriad pockmarks on the pitch. If he says to the ref: "I'm kicking for goal, ref", and then tees up his ball on a pre-existing pockmark, lines it up for 57 seconds and then a tee comes on, it would be a foolish ref indeed who allowed a further minute with the oppo reminding him of the minute.
IMO, the intention to kick is indicated by the verbalisation of that intention. I offer as support Ruling 3 of 2005, 2which is actually very much on point for Donal's original post:
Request
The FPR has requested a ruling with regard Law 21-Penalty & Free Kicks
Black team are penalised for a tackle infringement 30 metres from their goal line; Blue team opt for a kick at goal, placing the ball on the mark and informing the referee as to this intention. Black team gather behind their goal posts. Blue team kicks (chips) the ball forward a few metres from the mark, allowing for an on-side team member to gather the ball and run unhindered across the goal line to score a try.
1. Law 21.5(b) states that ‘If the kicker indicates to the referee the intention to kick at goal, the kicker must kick at goal. Once the kicker has made the intention clear, there can be no change of the intention. The referee may enquire of the kicker as to the intention.’ Does this mean that the abovementioned scenario is illegal, and if so how would the referee restart the match? Can the interpretation of Law 21.5(b) be that once the kicker has made his intention to kick at goal clear, he may not then change his intention by then kicking to touch, taking a tap kick and passing or running with the ball himself? If this is correct then the abovementioned situation is legal and the referee should award a try.
Ruling of the Designated Members of the Rugby Committee
The abovementioned scenario is illegal, and the referee would order a scrum at the place of the original penalty, with the put in to the black team.