Should Criminal Law stop at the touchline? : a comparative analysis of how Criminal Law is applied in the sports field

Abstract

Recent developments in both law and sport have intertwined the two. The aim of this thesis is to provide a comparative analysis on the possibility of applying criminal law in incidents which either occur on the sports field, in the spectator stands or within the sporting environment. This thesis takes into account the legislation which has been enacted around the world, how this legislation is being applied and whether such legislation may be improved. The main significant question that is explored, and answered, in this thesis is where to draw a predictable line and when to resort to the intervention of criminal law, in the event of an act going beyond the scope of the game and becoming criminal in nature. The suitability of using criminal law to sanction sporting misconduct has been discussed in length and had become a worldwide point of contention, since sport has its own disciplinary bodies to tackle such transgressions. Thus, this thesis discusses the possible application of criminal law in the sporting environment within four specific topics: violence, doping, match-fixing and hate crime. Furthermore, the thesis analyses each subject individually, in relation to different sports, and how the application of criminal law is the appropriate legal mechanism available to tackle any incidents that take place within the sport setting. Once this is established, there follows an analysis at the end of every Chapter, which evaluates Malta’s position on the respective subject, the current legislation which may be used, how it may be put to use and how it can be amended, if necessary. Finally, this thesis concludes on why criminal law is the most appropriate legislative mechanism to act as a deterrent to both athletes and third parties and to handle sporting misbehaviour whenever it arises.