Wednesday, 20 April 2005

Making cheating illegal

Malcolm Speed has called on world governments to make cheating in sports illegal. This follows British gambling legislation which makes it illegal to rig the outcome of a game for profit. At first glance it seems a sensible suggestion, but in my view the borders between "rules" (such as the Laws of Cricket) and "laws" (such as the UK Gambling Act) should be kept as distant as possible.

Cricket is an international sport. And making laws which govern international contests raised interesting questions. Does the law change in the UK mean that an Indian cricketer touring England needs to be made aware of the Gambling Act? What if New Zealand passes a slightly different law? Do cricketers have to learn the relevant laws in all countries in which they play? What happens if the Indian cricketer breaks the Gambling Act while on tour in the UK but the crime isn't detected until after he leaves? It would be unlikely that he would be extradited so presumably he could just avoid touring England again to avoid being punished. And if this isn't the case then doesn't the law raise the spectre of double jeopardy? Could a player punished under the Gambling Act (with a fine presumably) argue that further punishment by the ICC or a cricket board would effectively mean he is being punished twice for the same offence? Dan might correct me, but my understanding is that this is not permissible in the eyes of the law. And could any punishment that the British courts impose be the equal of the life-ban from the game from the ICC?

To me, Speed's suggestion raises too many questions and doesn't appear to provide any deterrent that a life-ban from the ICC already provides. The only thing it does add is to legislate for non-cricketers (such as bookies who attempt to bribe cricketers) who are outside the jurisdiction of the ICC. I believe that for these persons national law would (and is) an appropriate forum for legislation. But the Laws of Cricket are international, have teeth and those teeth are used. Introduction of national laws will do little to prevent future corruption in the game.

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