We have witnessed on TV players involved in punch-ups which attract negative comments about the club or players involved. But can such assaults result in criminal prosecutions?
The answer is ‘yes’ because such actions are clearly outside the sport's rules. Where there are no significant injuries inflicted, the matter is usually resolved on the pitch by the referee. However, where a player suffers a more serious injury, then the ordinary rules of law apply, and the matter can be investigated by the gardai which could result in a criminal charge.
When an injury is caused during play and the gardai become involved, they will investigate the incident, interview other players and the referee, and send their report to the Director of Public Prosecutions (DPP). It is that office, on reviewing the gardai’s file, which will make the decision whether to proceed or not with a prosecution. If the DPP believes there is a good chance of a successful prosecution, then they will have the offender charged.
If the DPP decides not to prosecute, the injured party can still take a civil case against the offender for personal injuries. The civil case can always be taken anyway and if it is heard after a successful criminal prosecution, the conviction of the offender will assist in their civil case.
It is a fact that many sports involve a level of physical contact, so in deciding on whether a prosecution can be made, the DPP has to look at the facts and decide whether, if the offending player stepped over the line, his/her actions changed from the rough and tough physicality of the game, to a criminal act.
In 2004 a court considered an injury caused by a Co. Down Gaelic footballer where the defendant broke the jaw of a player in the opposing team. In this case, where the defendant was found guilty, the judge said, ‘to strike someone without legal justification is a crime, whether it takes place in a street, in the family home, or the football pitch or elsewhere.’
In England, there have been prosecutions resulting in jail terms for serious assaults on the sports field.
In Ireland, there is no specific legislation dealing with injuries arising from sporting activities so the law that exists is case law. If a case arises that may not have been judicially decided on here before, then a court may follow English decisions. One of these is R v Barnes a 2004 decision. This case involved an amateur footballer who was seriously injured while playing a match. This case is important because it sets out the principles to be applied regarding player liability. This case also considered what is regarded as the ‘Playing Culture’ and what is and is not acceptable.
Sport law is not straight forward so consult your solicitor for advice if considering any action or advising a sports club on incidents occurring on the field.
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