Whats is Firefox ??? </p> Its somehow found its way onto my internet home page on my laptop.... dunt know how !!!</p>
You need someone who knows abart this Nice chap at BT sorted me out when my old browser was laiking up. </p> It's supposed to be better than other browsers, but dunno why mate. </p>
Just out of interest for all you legal eagles What the **** has it got to do with Barnsley football club or the FA whether or not the police investigate an alleged criminal offence??
It doesn't really only in as far as Hume belongs to the club. For the police to be involved then Hume would need to make a complaint but BFC don't technically need to be involved as such. Not sure how it works on the civil side though. I would guess that SYP and liaised with FA and BFC to be clear about what each party plans to do (or not do) just to make sure they're all singing off the same hymn sheet e.g. if BFC are taking a civil action then SYP won't pursue a criminal one at the same time but it's only courtesy, the police don't have to involve either the club or the FA as far as I know.
Its a bizarre statement I'm sure there's other grounds under which morgan could be charged, public order act etc.
We were discussing it at work today and concluded that if it wasn't on a football pitch Morgan would have been nicked for ABH or possibly GBH although would probably have been charged with the lesser of the two (ABH) or even common assault if the CPS were a bit nervous about getting a conviction. In terms of Public Order Act the only section which comes close is s.3 (Affray) but it would really be pushing it a bit and would be a lot harder to get to court. Affray tends to be used when fists and elbows are flying on one or both sides and you can't prove exactly who did what to who (though not always) but for something as clear cut as what Morgan did you'd go for an assault because it would be a lot easier to prove but of course the sporting defence and the lack of a victim complaint would knock it on the head at a very early stage.
If hume decides to press charges Morgan's toast.</p> I hope Hume brings a civil case if nowt else. </p>
In plain English for those who are interested... Here's the current guidance on assaults in sport from the Court of Appeal: "The Court expressed the view that in the light of the fact that most organised sports have their own disciplinary procedures and the fact that an injured player could use the civil courts to seek to obtain damages, criminal prosecution should be reserved for those situations where the conduct was sufficiently grave to be categorised as criminal. If what occurred went beyond what a player could reasonably regarded as having accepted by taking part in the sport, this would indicate that the action was not covered by the defence of consent. Whether conduct reached this level depended on all circumstances which included the type of sport, the level at which it was played, the nature of the act, the degree of force used, the extent of the risk of injury, and the state of mind of the defendant. In highly competitive sports, conduct outside the rules could occur in the heat of the moment; the fact that the conduct was penalised and even resulted in a warning or sending off, did not necessarily mean that the threshold level for it to be considered criminal had been reached. In a case where the victim had sustained a serious leg injury as a result of a bad tackle by the defendant, the jury needed to consider whether the contact had been so obviously late and/or violent that it could not have been an instinctive reaction, error, or misjudgment in the heat of the game." In other words, where civil damages or the sport's own disciplinary route were options then there is little or no need for a criminal prosecution. If a criminal prosecution were pursued then it would be down to the court to decide whether what Morgan did was an outright criminal act or something that might reasonably be expected to occur within a footy match. There's also the fact that a civil case would hurt Morgan a lot more (£££££££) and Hume would benefit financially. We may never know but I suspect that's one reason why Hume hasn't pushed the police route.
personally I think 1. the conduct was sufficiently grave to be categorised as criminal 2. what occurred went beyond what Hume could reasonably regarded as having accepted by taking part in the sport. The evidence is damning. However, I suppose it all depends on what Hume feels about it. If the civil route, should he wish to take it, is likely to result in financial recompense then I can see why perhaps this would be better area to focus legal efforts.
I think you're basically right with both points 1 & 2 but it would be relatively easy for Morgan to defend himself against them in court and the chances of success are very slim. No idea what sort of payouts go on for things like this in civil law but I hope Morgan gets shafted if Hume goes that route.
