An individual charged with an act of misconduct can request to be formally represented by another person at a Personal Hearing; however, the charged individual must always attend the hearing, and must still answer any questions asked of them by the disciplinary commission.
Any Club charged with an act of misconduct and requesting a personal hearing must nominate an individual to represent them at a Personal Hearing.
The role of the representative
The Representative acts of behalf of the Defendant and presents their case to the commission.
They are responsible for:
- Confirming the charges;
- Asking any questions of County FA and defence witnesses;
- Presenting the Defendant’s case;
- Delivering the closing statement; and,
- Should the case be found proven, presenting the plea for leniency.
The only role the Defendant will play during the hearing is answering questions from the disciplinary commission.
Legal Representation
A Club or Individual charged with an offence can choose to be represented by a legal professional.
If you wish to be legally represented, you must inform the County FA, and confirm the name of any legal representative, when responding to the charge. Please also ensure your legal representative is aware of FA regulations regarding Personal Hearings, as these are different to criminal or civil court procedures.
Can a representative give evidence?
If an individual is being represented, that Representative cannot also act as a witness. A key principal of eyewitness testimony is that it cannot be influenced by other eyewitness evidence; as a Representative will hear all other evidence at a hearing they therefore cannot provide their own. They can however provide a written statement should they wish.
When an individual is representing a Club against a Club charge, they can still present the Club’s case and version of events. They will do so immediately following evidence provided by County FA witnesses, and prior to calling other witnesses in support of the Club.
What if I just want moral support?
Charged individuals and witnesses can request that they be accompanied by an “observer” to provide moral support. For example a player may request a Club Representative be present with them throughout a hearing, or a referee may ask to be accompanied by a mentor or representative from their local Referee Association. This role is strictly at the agreement of all parties, and the observer can play no active role and remain silent throughout the hearing.
More Information
If you need any further support on this topic, please contact us via the Support Hub.
For more information about discipline in grassroots football, please visit www.Berks-BucksFA.com. Alternatively, find us on socials @berksandbucksfa for the latest news and updates.
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