ABSTRACT

These are just some of the headlines in recent years, where sport and recreation participants may be facing disciplinary action following alleged breaches of codes or rules which can range from doping offences, violence, sexual discrimination, racism, as well as slander, fraud, eligibility to compete, a breach of sponsorship rules and the more general category of ‘bringing the sport into disrepute’. In reviewing what is meant by a ‘recognised sport’ in relation to lawful exceptions from criminal liability, the Law Commission of England and Wales noted that governing bodies would be expected to have ‘adequate disciplinary procedures’, alongside other requirements laid down by recognising authorities, such as ‘assuming responsibility for their members’, and operating democratically within the relevant constitutions, rules, codes and charters (Law Commission, 1995; Wearmouth, 1995).