Presentation on theme: "Sporting Violence Sgt Andy Gosling Sgt Mardi Foweraker Crime Prevention Section Western Adelaide Local Service Area SAPOL."— Presentation transcript:
Sporting Violence Sgt Andy Gosling Sgt Mardi Foweraker Crime Prevention Section Western Adelaide Local Service Area SAPOL
Responsibility Sporting Organisation Safety of members and visitors Code of Behaviour Investigate Breaches Penalise Offenders Players/Officials Comply with laws Comply with Rules Respect rights of others Not engage in misconduct Abide by decisions
Sporting Organisations Duty of care to ensure that people can participate in safe environment, free from discrimination, harassment and abuse. Clubs and associations can be held responsible for the behaviour of their staff and club members (vicarious liability) unless: –it can be shown that reasonable steps were taken to prevent the behaviour from happening in the first place. –There are appropriate policies and procedures in place for dealing with the behaviour if it occurs.
Laws Internal Constitution Codes of Conduct Rules of the Game Tribunals External Criminal law Civil law Discrimination Harassment Vicarious Liability
Physical Assault Use of physical force with intent to harm or frighten. Assault is a criminal matter dealt with by Police Sports can use their tribunal to deal with incidents that involve physical contact between players during the game. (melee, punch up) May also deal with off field incidents (fight in club room) A victim of assault may elect to report to Police
Events on the field no longer always stay on the field Criminal consequences can apply in sporting situations Consent is an issue that must be considered No consent can be given to serious offences or incidents that fall so far outside the spirit of the game Players, coaches, officials and clubs are all potentially responsible for criminal actions that occur in a sporting contest.
Parties to Offences Positive encouragement to commit a crime can amount to another person being charged as an accessory. In sporting terms a coach, team mate or captain could be charged as an accessory if they encourage someone to engage in aggressive or violent play that results in another participants' injury
Parties to Offences Jan the Kidman Park Coach instructs her players to Stop Smith at all costs. Some players interpret this as an instruction to commit violence Jones deliberately king hits Smith behind play causing serious injury. Coach could be found legally responsible for inciting violent or aggressive behaviour in others and potentially charged as an accessory at criminal law.
Real Cases 1878 – Soccer player struck another player in the abdomen with his knee. Player died and charge of manslaughter resulted. Court found not guilty as he had been playing within the rules of the game. Death was accidental. 1986 – Rugby player was convicted of wounding and sentenced to 6 months imprisonment after biting off part of another players ear. 1995- Soccer player spent three months in jail after head butting an opponent during a match 2006 – Goalkeeper found guilty of assault in an Austrian Court following a tackle on an opposing player during a game. Fined $100 000.
Officials Responsible: –ensuring the rules of the game are followed –Participants are not subject to discrimination or unsafe practices Not responsible: –Monitor the behaviour of unruly spectators or parents
Officials If you are being abused or children participating are being subjected to foul language or verbal abuse: –Stay calm –Speak to the coach –Call time out –Suspend play –Call the police –Report the behaviour
Verbally Abusive Coach All verbal abuse is inappropriate Verbal abuse will become unlawful when it involves: –harassment, –vilification, –threat of physical harm –emotional abuse of children
Codes of Behaviour Most players (In particular children) participate in sporting activities for fun. They are not participating for entertainment of spectators. Codes of behaviour for spectators and parents attending the sporting event –Condition of entry to abide by the code of behaviour –Designated officials are authorised to request a person to leave if Code of behaviour is breached.
Breach Of Peace A breach of the peace involves certain behaviour. For example a breach of the peace occurs when: - Someone is harmed - Someone is in imminent danger of being harmed - Someones property is harmed in their presence - Someone is in fear of being harmed
Breach Of Peace Police Action –If A is about to assault B Police may restrain and temporarily detain A until the threat to B is over –Police can take A sufficient distance so as to allow A to cool down. This effectively prevents A from assaulting B –Use reasonable force to do this –Action may take place in public or private places.
Offences On Licensed Premises Section 108 Liquor Licensing Act –offence to sell or supply liquor on licensed premises to a person who is intoxicated; Section 124 Liquor Licensing Act –authority to an authorised person, if necessary, to use reasonable force to - remove from licensed premises any person who is intoxicated or behaving in an offensive or disorderly manner; or prevent the entry of such a person onto licensed premises.
Offences On Licensed Premises Barring From Licensed Premises –If a person commits an offence (e.g. theft, assault), or behaves in an offensive or disorderly manner on, or in an area adjacent to, the licensed premises, then grounds would exist for the purposes of barring a person from those premises. –Police can issue a Barring Order barring that person from those premises for 72 hours or 3 months dependant on circumstances.