Cheshire Cricket League Handbook 2018

representative)/club may question the witnesses. 10. The accused person/club should be asked to give his/their account and may call witnesses. The Panel may question the witnesses. Once the witnesses have given their evidence and answered any questions, they should either leave the room or, with the permission of the Chairman, they may remain but should take no further part in the hearing. 11. The Panel may question the accused person/club. 12. The Panel should deliberate in private. The Panel’s decision should be by majority vote; where necessary the Panel Chairman shall have a casting vote. 13. The accused person/club should be called back in and the Panel should give their decision as to whether the case is proved or not proved. If proved, the accused person/club should be asked to give any mitigation which might affect the Panel’s decision as to sentence, if they have any discretion in this area. 14. The Panel should consider the sentence in private. 15. The accused person/club should be called back in and the Panel Chairman should announce the sentence. The accused person/club should be made aware of the Appeals Process, particularly the time within which an appeal should be lodged. 16. The decision of the Disciplinary Panel and if appropriate the penalty should be communicated to the accused person/club in writing within 21 days. Appeals Process 1. Notice of appeal against the decision of the Disciplinary Panel, whether as to verdict or sentence, to be given in writing to the Secretary of the League within 7 days of the decision of the Panel (together with a deposit of £X (to be set by the League) if appropriate). The notice of appeal should record the decision or part of the decision against which the appeal is made and the grounds and basis of the appeal. 2. Any penalty imposed by the Disciplinary Panel should not take effect until the appeal has been heard. 3. The appeal must be heard by a different Panel from those who sat on the original Disciplinary Panel. The Appeal Panel must consist of not less than three people, none of whom should be connected with the individual or the club or their opponents, or a club which might directly benefit from any disciplinary action (e.g. by the deduction of points). 4. An appeal against the verdict should take the form of a complete re-hearing. The accused person or club shall have the same rights of attendance and representation and the ability to call witnesses as they did at the first hearing. 5. At an appeal against the sentence, the accused person or club shall have the same rights of attendance and representation as they did at the first hearing. 6. Decisions of the Appeal Panel shall be by majority vote with the Chairman having a casting vote where necessary. The decision of the Appeal Panel is final and binding. 7. The Appeal Panel can confirm the Disciplinary Panel’s decision, vary it or reverse it. It has the power to increase the penalty and award costs. 8. The decision of the Appeal Panel and if appropriate the penalty should be communicated to the accused person/club in writing within 21 days. 122