ARTICLE 6: SANCTIONS

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6.1 Where a breach of the Anti-Corruption Code is admitted by the Participantor upheld by the Anti-Corruption Tribunal, the Anti-Corruption Tribunalwill be required to impose an appropriate sanction upon the Participantfrom the range of permissible sanctions described in Article 6.2. In order to determine the appropriate sanction that is to be imposed in each case, the Anti-Corruption Tribunalmust first determine the relative seriousness of the offence, including identifying all relevant factors that it deems to:

6.1.1aggravate the nature of the offence, including (without limitation):

6.1.1.1a lack of remorse on the part of the Participant;

6.1.1.2the Participant’sbad previous disciplinary record (including where the Participanthas previously been found guilty of another offence under the Anti-Corruption Codeand/or any predecessor regulations of the ICCand/or any anti-corruption rules of any National Cricket Federation);

6.1.1.3where the amount of any profits, winnings or other Reward directly or indirectly received by the Participant as a result of the offence(s) is substantial and/or where the sums of money otherwise involved in the offence(s) were substantial;

6.1.1.4where the offence substantially damaged (or had the potential to damage substantially) the commercial value and/or the public interest in the relevant International Match(es);

6.1.1.5where the offence affected (or had the potential to affect) the result of the relevant International Match(es);

6.1.1.6where the welfare of a Participantor any other person has been endangered as a result of the offence;

6.1.1.7where the offence involved more than one Participant; and/or

6.1.1.8any other aggravating factor(s) that the Anti-Corruption Tribunalconsiders relevant and appropriate.

6.1.2mitigate the nature of the offence, including (without limitation):

6.1.2.1any admission of guilt (the mitigating value of which may depend upon its timing);

6.1.2.2 the Participant’sgood previous disciplinary record;

6.1.2.3 the youth and/or lack of experience of the Participant;

6.1.2.4where the Participantrenounced the attempt or agreement prior to it being discovered by a third party not involved in the attempt or agreement.

6.1.2.5where the Participanthas cooperated with the ACU and any investigation or Demand carried out by it;

6.1.2.6 where the offence did not substantially damage (or have the potential to substantially damage) the commercial value, integrity of results and/or the public interest in the relevant International Match(es);

6.1.2.7 where the offence did not affect (or have the potential to affect) the result of the relevant International Match(es);

6.1.2.8 where the Participantprovides Substantial Assistance to the ICC, any other National Cricket Federation, a criminal authority, or a professional disciplinary body;

6.1.2.9where the Participant has already suffered penalties under other laws and/or regulations for the same offence; and/or

6.1.2.10 any other mitigating factor(s) that the Anti-Corruption Tribunalconsiders relevant and appropriate.

6.2Having considered all of the factors described in Articles 6.1.1 and 6.1.2, the Anti-Corruption Tribunalshall then determine, in accordance with the following table, what the appropriate sanction(s) should be:

ANTI-CORRUPTION CODE OFFENCE

RANGE OF PERMISSIBLE PERIOD OF INELIGIBILITY  

ADDITIONAL DISCRETION TO IMPOSE A FINE

Article 2.1.1, 2.1.2, 2.1.3 or 2.1.4 (Corruption)

A minimum of five (5) years and a maximum of a lifetime.

In all cases, in addition to any period of Ineligibility, the Anti-Corruption Tribunal shall have the discretion to impose a fine on the Participant of such amount as it deems appropriate.  

Article 2.2.1 or 2.2.2 (Betting

A minimum of one (1) year and a maximum of five (5) years.

Article 2.3.1 or 2.3.3 (as it relates to an offence under Article 2.3.1) (Misuse of Inside Information)

A minimum of one (1) year and a maximum of five (5) years.

Article 2.3.2 or 2.3.3 (as it relates to an offence under Article 2.3.2) (Misuse of Inside Information)

A minimum of six (6) months and a maximum of five (5) years. 

Any of Articles 2.4.1 to 2.4.6, inclusive (General)

A minimum of six (6) months and a maximum of five (5) years.

Any of Articles 2.4.7 to 2.4.8 and 2.4.10 inclusive (General)

Any period from zero up to a maximum of five (5) years.

Article 2.4.9 (General)

 

Any period from zero and a reprimand up to a maximum of two (2) years.

 

6.3 For the avoidance of doubt:

6.3.1 the Anti-Corruption Tribunal has no jurisdiction to adjust, reverse or amend the results of any Match;

6.3.2where a Participant is found guilty of committing two offences under the Anti-Corruption Codein relation to the same incident or set of facts, then (save where ordered otherwise by the Anti-Corruption Tribunalfor good cause shown) any multiple periods of Ineligibilityimposed should run concurrently (and not cumulatively);

6.3.3where a fine and/or costs award is imposed against a Participant, such fine and/or costs award must be paid: (a) by the Participant(and not, unless the ICCagrees*,* by any other third party, including a National Cricket Federation); (b) directly to the ICCno later (subject to Article 6.7) than one calendar month following receipt of the decision imposing the fine; and

6.3.4 the ICCwill provide the National Cricket Federationof the Participantwith written notice of (and a full written copy of) the findings and decisions of the Anti-Corruption Tribunal (including any sanctions imposed by the Anti-Corruption Tribunal) at the same time as such decision is provided to the Participant and prior to publicly announcing such decision.

6.4Any period of Ineligibility imposed on a Participantshall commence on the date that the decision imposing the period of Ineligibility is issued; provided that any period of Provisional Suspension served by the Participantshall be credited against the total period of Ineligibility to be served.

6.5NoParticipantwho has been declared Ineligible may, during the period of Ineligibility, play, coach, officiate or otherwise participate or be involved in any capacity in any Matchor any other kind of function, event or activity (other than authorised anti-corruption education or rehabilitation programs) that is authorised, organised, sanctioned, recognised or supported in any way by the ICC, a National Cricket Federation, or any member under the jurisdiction of a National Cricket Federation, or receive accreditation to provide media or other services at any official venue or Match. National Cricket Federationsshall take all reasonable steps within their powers to give effect to this Article 6.5 to the extent that they have the jurisdiction, power or ability to do so.

6.6AParticipantwho is subject to a period of Ineligibility shall remain subject to this Anti-Corruption Codeand the anti-corruption rules of all National Cricket Federationsduring that period. If a Participantcommits Corrupt Conductduring a period of Ineligibility, this shall be treated as a separate offence and new proceedings will be brought pursuant to Article 4.6 of this Anti-Corruption Codeor under the anti-corruption rules of the relevant National Cricket Federation, as applicable.

6.7Once any period of Ineligibility has expired, the Participantwill automatically become re-eligible to participate or be otherwise involved in Matches provided that he/she has first: (a) completed an official anti-corruption education session to the reasonable satisfaction of the ACU; (b) agreed to subject him/herself to such additional reasonable and proportionate monitoring procedures and requirements as the ACU General Manager may reasonably consider necessary given the nature and scope of the offence committed; and (c) satisfied in full any fine and/or award of costs made against him/her by any Anti-Corruption Tribunal or the CAS. However, the ICCwill consider any request from any Participant, on the grounds of financial hardship, to make the payment of such fines and/or costs over a prolonged period of time. Should any fine and/or costs award (or agreed part-payment or instalment thereof) not be paid to the ICCwithin such deadline or by the time of the next agreed payment date, then, unless the ICCagrees otherwise, the Participantmay not play, coach or otherwise participate or be involved in any capacity in any Matchuntil such payment has been satisfied in full.

6.8The Chairman of the ACUshall, only after obtaining the prior written agreement of any relevant National Cricket Federation(s)and the prior approval of the ICC Board, have discretion to permit a Participantwho is subject to a period of Ineligibilityto participate or otherwise be involved in Domestic Matches at any time prior to the end of that period of Ineligibilitywhere in the opinion of the Chairman of the ACUthe early reinstatement of such eligibility is warranted by the conduct of the Participantsince the period of Ineligibilitywas imposed, taking into account such factors as the ACUChairman in his absolute discretion considers appropriate and given the underlying objectives of this Anti-Corruption Code. Such factors may include (without limitation) the fact and timing of any expressions of apology, remorse and/or contrition by the Participant, the Participant'scooperation with ACUeducation programmes, and/or the Participant'sfull disclosure of any and all information known to the Participantthat may be helpful to the ACUin enforcing the Anti-Corruption Codeor in otherwise furthering its objectives. For the avoidance of doubt, the Chairman of the ACUshall not in any circumstances have discretion to reinstate the Participant'seligibility to participate or otherwise be involved in International Matchesprior to the end of the period of Ineligibility.