A detailed review of disciplinary proceedings at the Japan 2019 Rugby World Cup (Part 2)

This is the second part of the authors’ deep-dive into the multitude of interesting legal issues arising from the disciplinary decisions taken during last year’s Rugby World Cup in Japan.

 Part 1, available here, examined:

1. an overview of the disciplinary process; and
2. a substantive interpretation of the Laws and Regulations in relation to the decision-making framework for high tackles and intention vs recklessness.

 Part 2 below moves on to look at:

3. the ultimate outcome of any disciplinary action - the sanctions, including:
   1. on-field factors – the assessment of seriousness
   2. determining the “entry point”
   3. off-field aggravating factors
   4. off-field mitigating factors
   5. matches included in the period of suspension
4. the procedural matters which have practical applicability for other disciplinary processes and hearings in sport, including:
   1. composition of disciplinary commissions
   2. appearance and representation of players at hearings
   3. citing Commissioner’s role
   4. nature of an appeal
   5. transparency

The authors shall then bring together the analysis from across all areas considered (in both Parts 1 and 2) to draw a number of thought-provoking conclusions of importance to legal practitioners, academics and stakeholders alike.