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‘Legitimate Sport’ or Criminal Assault? What are the Roles of the Rules and the Rule-Makers in Determining Criminal Liability for Violence on the Sports Field?

On 23 August 2006, during a Premier League football match at the City of Manchester Stadium, and as the two players chased the ball going out of play, Manchester City player Ben Thatcher hit opponent Pedro Mendes in the face with his elbow; Mendes was hospitalised as a result of the challenge, which had rendered him unconscious. Coming just six weeks after the infamous headbutt by Zinedine Zidane during the 2006 World Cup final between France and Italy, the incident has reopened the debate as to when sportspeople should face prosecution for violent behaviour during the course of a sporting contest. At the time of writing, the Greater Manchester Police have announced that they are investigating the matter, but there has been no indication as to whether a prosecution will be brought. The various criminal assaults that may be committed during a sporting contest are provided for in the common law, and under the provisions of the Offences Against the Person Act 1861. It is generally accepted by the courts that the requirements of these are relatively easy to establish at various points throughout many sporting contests, and would appear to be satisfied by Thatcher’s challenge. It is the availability