This document discusses integrity in sport and the issues around match fixing and spot fixing. It outlines the current legal framework around gambling and corruption offenses and examines recommendations from the Parry Report to strengthen regulation. It provides examples of cases involving Robert Heys, Daniel Koellerer, and Mervyn Westfield to illustrate the application of integrity rules in different sports. The document concludes that corruption threatens the health and existence of sports by undermining public support and damaging commercial partnerships.
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Integrity in sport
1. Integrity in Sport
3 April 2014
Clare Hoskins Nathan Talbott
Dolmans Wright Hassall
2. What is integrity in Sport?
• Fairness
–the manipulation of a sports result in order to
obtain financial advantage, for oneself or for
another, and remove all or part of the
uncertainty normally associated with the results
of a competition
• Commercial interests
4. Degrees of offence
Match Official/ NGB NGB/CPS CPS/NGB
NGB
1. Not trying
2. Strategic
results
3. Fixing an
event within a
competition
4. Intentionally
trying to lose
5. Current legal framework
• No specific criminal offence
• Piecemeal - difficult to succeed in prosecution
- s 1 Prevention of Corruption Act 1906
- s 42 Gambling Act 2005 - cheating
- s 2 Fraud Act 2006 – false representation
- s 1 and 2 Bribery Act 2010
- conspiracy – common law or Criminal
Law Act 1977
6. Gambling Act 2005
• Gambling Commission
regulates gambling in UK
licences
• Not spread betting
7. Parry Report – 2010
• The definition of cheating in the GA 2005 be reviewed.
Criminalise match fixing – specific offence
• The extent of the powers available to the Gambling
Commission be reviewed
• A sports betting intelligence unit to be set up by the
Gambling Commission
• A sports betting group to be set up to provide
leadership to Sports
8. Parry Report
Recommendations of specific relevance to Sports
• Sports provide a comprehensive education
programme for competitors
• There should be a new code of conduct on
sports betting integrity for all Sports NGBs
• Every Sport to have a system capturing
intelligence and reporting to the new
intelligence unit
9. Sports betting intelligence unit
Set up by the Gambling Commission
• Reports of suspicious activities to
sbiu@gamblingcommission.gov.uk – 0121
2306655.
10. Sports Betting Group
Its purpose is twofold:-
• To act as an interface with the Government –
involved in submissions to the government on
the Gambling Bill.
• To provide support and advice to NGBs
dfoster@sportandrecreation.org.uk
11. THE GAMBLING (licensing and advertising) BILL
(“GB”)
• Specific offence amendment – shelved
• Overseas betting operations
• Spread betting to be policed by Gambling
Commission
12. Sports’ responsibility
• Criminal matter for law enforcers or disciplinary
matter for Sport?
• Or both? – Amir and Butt
• Collaboration – Stephen Lee
• Prosecution under Sports’ rules
• Prevention and education
13. SBG – Voluntary Code
Rules and regulations – identifying what is and is not acceptable in
betting and who they apply to. In particular:-
• Perform to best ability in any event in which he/she participates
• Shall not use in relation to betting any inside information that is not
publicly available which has been obtained by virtue of the
participant’s position within the sport. Define what constitutes
inside information, misuse and specify sanctions
• Not to place a bet or facilitate another person to place a bet on any
event in which the person is participating
• Not to give or receive a bribe to fix a result in which person is
participating
• Report any contraventions of rules by others
14. Voluntary Code
2. Designate a person
3. Set up an integrity unit
4. Establish an Education programme
5. Competition contracts
6. Information sharing/data protection
15. Robert Heys
• Managing Director of Accrington Stanley
• 735 bets placed, 231 on Accrington, 33 on Accrington to lose (net loss
of £2,318)
• FA Rule E8(b):
“Save for those Participants subject to the prohibition in sub-paragraph (a), a Participant shall not bet, either directly or indirectly, or instruct, permit,
cause or enable any person to bet on –
(i) the result, progress or conduct of a match or competition:
(A) in which the Participant is participating or, has participated in that season; or
(B) in which the Participant has any influence, either direct or indirect; or
(ii) any other matter concerning or related to any Club participating in any league Competition, as defined in Rule A2, that the
Participant is participating in or has participated in during that season, including, for example and without limitation, the transfer of players,
employment of managers, team selection or disciplinary matters.
For these purposes, without limitation to the application of this Rule to other circumstances, all Employees of a Club are deemed to participate in every
match played by that Club while they are so employed; all Players registered with a Club are deemed to participate in every match played by that Club
while they are so registered.”
• 21 month suspension from all football activity and £1,000
fine
16. Daniel Koellerer
• Allegations of approaching players
• Article D of the 2010 Uniform Tennis Anti-corruption
program –
• Contriving or attempting to contrive the outcome of an Event;
• Soliciting or facilitating a Player not to use his or her best efforts in an Event; and;
• Soliciting, offering or providing money, benefit or Consideration to any other covered person with the
intention of negatively influencing a Player’s best efforts in any Event
• Banned for life and fined €100,000
• CAS appeal only overturned the fine
17. Mervyn Westfield
• Paid £6,000 to deliberately concede 12 runs
• ECB 2009 Directive 3.8.15
– received a reward, resulting from his conduct in a match, which could bring him or the game of cricket into
disrepute
• 5 year ban
• Criminal Sanction
• Section 1(1) of the Prevention of Corruption Act 1906 (repealed
by the Bribery Act 2010)
– If any agent corruptly accepts or obtains, or agrees to accept or attempts to obtain, from any person, for
himself or for any other person, any gift or consideration as an inducement or reward for doing or
forbearing to do… [any] act in relation to his principal’s affairs or business
• Guilty plea, 4 months sentence and confiscation order for £6,000
18. Conclusion
Self evidently, corruption, specifically spot fixing, in cricket or any other sport
for that matter, is a cancer that eats at the health and very existence of the
game. For the general public, supporting the game and their team within it,
there is no merit or motivation to expend time, money or effort to watch a
match whose integrity may be in doubt. The consequences of the public’s
disengagement from cricket would be catastrophic.
Furthermore, the game of cricket simply cannot afford to have its reputation
tarnished in the eyes of commercial partners. These partners could not and
would not link their brand to a sport whose integrity had been so undermined.
Cricket Disciplinary Panel