The role and extent of criminal sanctions in sport

The Swiss Federal Court recently upheld the criminal conviction of an amateur footballer following a tackle he made during a game of football, which resulted in injury to an opposing player. The fact that a player could receive a criminal sentence for making a tackle in a football game may well be surprising.

This article considers the relevant law in this area and when a tackle in football becomes criminal, from a UK perspective. Specifically, it looks at:

• Facts of the Swiss case

• The difference between on the ball offences and off the ball offences

• Consent, UK criminal law and football cases

  • Principles from R v Brown and R v Bradshaw

  • The footballing case of R v Barnes

• The approach post Barnes

  • Lord Woolf’s guidance on the concurrent role of sports disciplinary bodies and civil proceedings

  • Agreement on the handling of incidents falling under both criminal and football regulatory jurisdiction