Rule 160 – GRB Inquiry – notification, procedure, penalties

iv)  Unless the Director of Regulation directs otherwise, no later than 14 Days before any Inquiry to be held under this Rule, the Affected person shall:

a)  Notify the Director of Regulation in writing of his/her intention to attend the Inquiry and the name(s) of any Counsel, Solicitors or other person who shall represent the Affected Person at the Inquiry;

b)  Provide to the Director of Regulation a copy of each document upon which the Affected Person intends to rely at the Inquiry;

c)  Provide to the Director of Regulation a copy of any statement in writing from any witness upon which the Affected Person intends to rely at the Inquiry. Each witness statement shall state the name and address of the proposed witness and shall be signed and dated;

d)  Provide to the Director of Regulation a written summary of the submissions of fact and/or law that the Affected Person intends to make at the Inquiry.

v)  At an Inquiry to which this sub-rule applies the Disciplinary Authority:

a)  shall receive all relevant material evidence related to the Inquiry;

b)  may examine any witness themselves

c)  may limit the cross-examination of any witness giving oral evidence at the Inquiry and/or the oral submissions made to the Disciplinary Authority at any Inquiry

d)  has the right and power to decide on procedure, admissibility of evidence and the conduct of the proceedings

(Subject to any direction of the Disciplinary Authority, the general rule is that the evidence of any witness is to be given orally at the Inquiry.)

The Racing Manager or other person nominated by the Racecourse Executive shall be entitled to attend any GRB Inquiry emanating from that Racecourse when it is being considered by the Disciplinary Authority.

vi)  The Disciplinary Authority, when determining a breach of the Rules of Racing, must determine a penalty only in accordance with the GRB Guidelines, Processes and Penalties attached at Appendix VI.

If the Disciplinary Authority shall at an Inquiry held under this Rule decide that the Affected Person has committed any breach of these Rules they may order such person

a)  be subject to no further action; cautioned; reprimanded or severely reprimanded,

b)  have his/her Licence withdrawn and no such further licence be granted for a minimum period of six months/or greater period, including indefinitely, as the Disciplinary Authority thinks fit,

c)  if he/she is an Owner, Authorised Agent or Licence Holder to be disqualified for any specific period or indefinitely from owning or being the Authorised Agent for that Owner of a registered Greyhound and the provisions of Rule 177 shall have effect: or

d)  to be warned off for any specific period or indefinitely, namely to be excluded from any premises licensed by the GBGB, and the provisions of Rule 178 shall have effect. In any case where the Disciplinary Committee are minded to make an order warning off any person who is not otherwise subject to these Rules by virtue of Rule 2, that person shall have the right to show cause at an Inquiry why he/she should not be warned off; the provisions of Rule 1(vi) shall apply.

provided that in addition to any of the above orders, the Disciplinary Committee may order such person to pay to the GBGB a fine of any sum not exceeding £5,000 or postpone or suspend any penalty for such time or times whether in whole or in part as the Stewards may think fit, and such decision and order shall subject to Rule 163 be final.

vii)  If at any time it appears to the GRB or Director of Regulation that, having regard for the seriousness of the alleged matters, the circumstances justify the temporary suspension of a Licence or temporary warning off of the Affected Person or temporary suspension of a Greyhound until an Inquiry held under this Rule, unless thereafter revoked, or until such earlier date as may be appropriate, pending the outcome of the Inquiry, the GRB or Director of Regulation shall have power to make such temporary order with immediate effect and any Affected Person or Owner or Authorised Agent in the case of a Greyhound may apply upon reasonable notice in writing to the GRB or Director of Regulation for the revocation of such order, and the GRB or Director of Regulation shall have power to revoke such order.

The procedures laid down by sub-Rules (i) to (v) above shall not apply to the making of an order under this sub-Rule, but the making of such an order shall be without prejudice to the conduct and outcome of an Inquiry. An order under this sub-Rule shall remain in effect until an Inquiry is held, save that no order shall remain in effect for a period exceeding 56 Days unless an Inquiry has been fixed to be heard within that period and has subsequently been adjourned at the request of the Affected Person or for some reason beyond the reasonable control of the Disciplinary Authority.

viii)  The Disciplinary Committee tries cases on the Civil Standard of Proof i.e. the balance of probability. The burden of proof is accepted to lie on the GBGB. Accordingly in each case the GBGB must prove that it is more likely than not that the breach alleged has occurred.