Central to the success of British racing is the confidence among those participating, betting and watching our sport that what they are seeing unfold on the track is clean and fair. It is expected that all horses and jockeys competing are doing so with the sole ambition of achieving the best possible position and performing to the best of their abilities on the day. A case such as this is so serious because it strikes at the very heart of this confidence.

We are pleased, therefore, that the independent Disciplinary Panel have found Dylan Kitts and John Higgins in breach of Rule (J)25.2 for conspiring together to stop Hillsin from achieving its best possible position at Worcester on 5 July 2023.

The actions of those involved in this case are fundamentally incompatible with British racing鈥檚 values and are an affront to the many thousands of people, up and down the country, who dedicate their lives to this sport and to competing fairly. The outcome of this hearing demonstrates that our sport will not accept this sort of behaviour, and we will always do what we can to uphold our values and ensure everybody who loves racing can be confident in its integrity.

This was an extensive and complex investigation that carried potentially significant consequences not only for those involved on an individual level but also for the wider sport, as those watching British racing should never have to question whether a horse is being run on its merits. It is, therefore, absolutely correct that every effort was made to investigate these circumstances thoroughly and with the appropriate legal rigour.

Investigations of this nature are not dissimilar to complex fraud cases. Vast quantities of evidence needed to be considered, and the BHA鈥檚 investigation involved 19 formal interviews, plus a further 21 individuals that were spoken to as part of the case. This was also the first investigation in which we have carried out telephone data extractions, which, alongside the examination of banking records, is a time-consuming process that requires detailed scrutiny and analysis to translate the large quantities of data into tangible information.

We note the decision of the Panel to find Mr Honour in breach of Rule (J)24.6 of the Rules of Racing for misleading the Stewards, but not in breach of Rule (J)25.2, (J)24.5, (J)25.1 and (F)39. Any decision to charge an individual with a breach of the rules is taken extremely seriously, and charges will only ever be brought where we believe that there is a case to answer following a significant level of scrutiny. Where these charges are tested and considered before an independent disciplinary panel, there are naturally going to be instances where a panel may decide that some breaches are not proven. The BHA recognises this but will continue to bring charges in a safe, proportionate and appropriate manner where we feel satisfied that it is right to do so, as was the case in this instance.

We are also acutely aware of the impact that being charged can have on any individual. For this reason, we are always mindful of factors such as the support network around that individual, the impact on the person and their licence and any other ways in which the impact could be felt. Our safeguarding team is in place to provide this support, removed from any investigation, as well as highlighting support that is available from other independent organisations.

We thank the independent Disciplinary Panel for their time considering this case and await full written reasons following their decision. With a sanctions hearing still to follow, the BHA will be making no further comment at this time.

This extension is at the request of jockeys and the PJA, on account of the number of cancelled fixtures last week due to frozen ground.

Full implementation of the new rules will now commence in Jump racing on 13 February.

The start of the bedding-in period for Flat racing remains unchanged at 27 February, as does the 27 March full implementation date for Flat racing.

Sarah Crowther鈥檚 appointment has been confirmed by the BHA Board and she will take up her position at the conclusion of HH Brian Barker鈥檚 final term in January.

Ms Crowther brings to the position considerable experience, having regularly acted for both claimants and defendants across a range of legal practices, including a particular interest in safeguarding in sport. She has appeared in proceedings relating to horseracing, as well as in FA safeguarding cases, acting on behalf of individuals and sporting bodies in cases of non-recent abuse and recent harassment claims, including before the National Safeguarding Panel and the High Court.

The appointment of Ms Crowther will bring to an end the tenure of HH Brian Barker, which began in January 2017.听 Mr Barker was the first independent Chair of the Judicial Panel set up following the recommendation of Christopher Quinlan QC in his review of the BHA鈥檚 then Disciplinary Panel, Appeal Board and Licensing Committee, published in 2016.

Joe Saumarez Smith, Chair of the BHA, said: 鈥淚 am delighted that we have been able to appoint somebody of the calibre of Sarah Crowther KC to this most important position. Her breadth of knowledge and experience is deeply impressive and I wish her every success in her tenure.

“I would also like to place on record the thanks of the BHA Board to His Honour Brian Barker for his six years of service as independent Chair of the Judicial Panel. He was appointed at a time of considerable change for the sport and has overseen the Panel鈥檚 development into one of the leading bodies of its kind anywhere in sport. We are grateful for his diligence and hard work and wish him all the best for the future.”

Notes to editors:

1. Details of the operation and make-up of the Judicial Panel can be found .

With immediate effect, the BHA will apply the following internationally agreed residue limits for Methylsulfonylmethane (MSM) and Dimethyl Sulphoxide (DMSO), both prohibited substances, as recommended by the International Federation of Horseracing Authorities (IFHA):

Methylsulfonylmethane (MSM)

• Urine 鈥� 1200 ug/l (micrograms per litre)

MSM is a naturally occurring substance which can be found in various feedstuffs and supplements. MSM can be a metabolite of Dimethyl Sulphoxide (DMSO). It is a Prohibited Substance, as it has been demonstrated to reduce oxidative stress and hepatotoxicity in horse liver cells and cortisol-induced stress in racehorse skeletal muscle.

Dimethyl Sulphoxide (DMSO)

• Urine 鈥� 15 ug/l (micrograms per litre)
• Plasma 鈥� 1000 ng/l (nanograms per litre)

DMSO is a Prohibited Substance which was previously controlled by International Thresholds in urine and plasma.

19.听听(Paragraph 15)听will be amended accordingly to reflect the updated thresholds.

QUALIFICATION RULES FOR CLASS 1 AND 2 HANDICAP HURDLES

础蝉听, from 1 October 2022 novice and juvenile horses will be required to run a minimum of four times (up from three) prior to competing in a Class 1 or Class 2 handicap hurdle race, which is not restricted to novices or juveniles

罢丑别听(15.2 and 15.3) has been updated to reflect this change.

PERMIT TRAINERS 鈥� HORSES THAT HAVE RUN IN A HUNTERS鈥� CHASE

An adjustment to wording of Paragraph 14 of the听, to make specific reference to Permit Trainers being permitted to run a horse in their care in a Hunters鈥� Chase and then in any other chase during the same season. This is a clarification of an existing Rule.

AMENDMENT TO APPROVED LIST OF SKULL CAPS

Skull caps must comply with certified safety standards, as specified in Paragraph 25 of the听.

From 1 January 2023,听SNELL E2001 will be removed from the approved list of skull caps. This will ensure that riders are wearing the most up-to-date headgear, with SNELL E2001 no longer accepted due to the age of the equipment made to this standard.

The implementation date of 1 January 2023 has been agreed to give jockeys and trainers currently using SNELL E2001 the opportunity to purchase new hats where necessary prior to the Rule coming into effect.

British Eventing, The Pony Club and British Riding Clubs will also remove SNELL E2001 from its accepted standards from 1 January 2023. The SNELL E2001 is not an approved standard with the Irish Horseracing Regulatory Board (IHRB).

INCLUSION OF ADDITIONAL ITEMS IN DEFINITION OF EXCLUDED EQUIPMENT

Effective immediately, gloves, goggles and other face protection items will be added to the definition of equipment to be excluded from a jockey鈥檚 weight when weighing-in and weighing-out.

While it is already unlikely that these items will be worn when a jockey weighs, their inclusion in the Rules definition ensures consistency with internationally agreed classifications.

We are grateful to the Disciplinary Panel for their time in considering this case and acknowledge the penalty handed down this afternoon. As Sir Mark has himself recognised in public statements since the video emerged and in accepting that he was in breach of Rule (J)19, his behaviour on this occasion fell short of the standard expected of all licensed individuals and ran contrary to the values of care and respect for the horse that underpin British racing.

The independent Disciplinary Panel of the British Horseracing Authority will convene on Tuesday 22 February 2022听to consider the following:

1. Whether Mr Murphy breached Rule (J)24.6 of the Rules by misleading or attempting to mislead the BHA or one of its employees regarding the destination of his travel in order to circumvent Coronavirus (鈥楥ovid鈥�) restrictions

2.听Whether Mr Murphy breached Rule (J)24 of the Rules by failing to comply with the BHA鈥檚 COVID-19 Requirements, namely:

i.听misleading BHA Officials by deliberately providing incorrect information to access racecourses contrary to Rule (J)24.6; and/or
ii.听entering racecourses whilst failing to comply with Government requirements and Racecourse Terms of Condition and Entry contrary to Rule (J)24.4

3.听Whether Mr Murphy breached Rule (J)19 of the Rules by acting in a manner which is prejudicial to the proper integrity, conduct and good reputation of the sport.

4. Whether licensed jockey Oisin MURPHY breached Rule (K)55 (Alcohol) due to the presence of alcohol above the threshold level of 54 milligrams of alcohol per 100 millilitres of urine in a sample collected from Mr. MURPHY at Chester racecourse on 5 May 2021.

5. Whether licensed jockey Oisin MURPHY听 breached Rule (K)55 (Alcohol) due to the presence of alcohol above the threshold level of 32 milligrams of alcohol per 100 millilitres of breath in a sample collected from Mr. MURPHY at Newmarket Racecourse on 8 October 2021.

Notes to Editors:

1. The Panel for the Enquiry听will be: HH James O’Mahony, Rachel Spearing and Anthony Connell.听

2. 罢丑别听hearing will be held in person at the head offices of the British Horseracing Authority. To ensure a safe environment for all attendees due to limited space in the enquiry room, and fairness in terms of access, media attendance will be via Zoom only. Those media members wishing to attend the hearing virtually should express a desire to do so in writing to Mark Scully on听mscully@britishhorseracing.com听by Friday 18 February 2022.

3. Details of relevant rules and penalties:

• Rules (J)19, (J)24.4 and (J)24.6 can be read here:听
• Rule (K)55 can be read here:听
• Details of the penalty structure for breaches of Rules (J)19, (J)24.4 and (J)24.6 can be found here:听
• Details of the penalty structure for breaches of Rule (K)55 can be found here:听

4. The BHA and Oisin Murphy released听听in December 2021.

Please note, the BHA Judicial Panel is an independent听body which encompasses the Disciplinary Panel, Appeal Board and Licensing Committee. It receives administrative support from the BHA via the Judicial Panel Secretary.听

• A transition from a majority amateur panel quorum model to a majority professional panel quorum model of stewarding in Britain;
• Mandatory competency-based training, developed externally in collaboration with legal training experts, has been introduced for all stewards;
• State-of-the-art technology introduced on course that allows for more enhanced analysis of races;
• Updated guidance provided to stewards as part of the competency-based training on enquiry procedure, and specifically regarding the adjournment of enquiries where material witnesses are unable to be present.

Work is already underway, following the adoption of the new Rules of Racing in 2019, to review British racing鈥檚 sanctions framework and guidance. This work will address the full range of sanctions, including those for interference, and discussions with stakeholders have already begun on this process.

During the hearing, it was suggested that there exists an informal code of conduct, whereby jockeys do not 鈥済et too involved or [say] too much鈥� try to stay as neutral as possible鈥� when giving evidence to stewards following a race. Evidence given by Jockeys during enquiries is just one piece of the evidence stewards are required to carefully consider and weigh against all other evidential material. Experienced and trained Stewards objectively undertake this task and make decisions based on the required standard at every fixture every day. The BHA is committed to furthering the professional development of all stewards in line with international best practice, enabling them to develop the skills required to hear, test, interrogate where appropriate, and balance all evidence given in enquiries.

Further implications

Away from stewarding, it is considered that there could be implications for jockeys鈥� insurance arising from this ruling, something the BHA and PJA have met to discuss.

The BHA has committed to supporting the PJA in whatever way necessary in their discussions with their insurer, in particular by providing whatever material they may need to demonstrate the level of risk mitigation that is now in place in British racing. It is essential for all sectors of our sport that jockeys are provided with adequate cover to allow them to compete.

Such risk mitigation includes the introduction of saliva testing in 2021, whereby oral swabs are used to provide on-the-day screening for cocaine and a range of other banned substances at racecourses. Over 900 saliva samples were taken in 2021.

Saliva testing is designed to be used in addition to breath and urine testing, which is capable of detecting a broad range of substances. Raceday saliva and breath tests act as a preliminary screen, and any jockey who does not test negative on raceday is stood down from riding that day, as well as being subject to further investigation.

Funding has also been made available by the Levy Board for hair sampling to become a mandatory element of any jockey鈥檚 licensing process in the future, as part of a widening of the matrices used to test for prohibited substances.

The BHA would like to thank all of those who have contributed to discussions on the topic of this ruling in the last month and would also like to place on record once again its very best wishes for the future for Freddy Tylicki and his family.

A pilot programme to assess the use of saliva testing as a method of screening for cocaine and some other banned substances is now under way on British racecourses.

The testing method uses oral swabs to provide a near-instant indication as to whether substances are present in a rider鈥檚 system, above the existing thresholds.

British racing will become the first major sport in Britain to utilise on-the-day screening for banned substances through oral swabs, should the pilot prove successful.

Under the pilot, any jockey who does not test negative would be stood down from riding for the day, which brings with it added benefits in safeguarding human and equine welfare on raceday.

Tests have taken place at Kempton Park on Monday and Lingfield Park on Tuesday this week, with all jockeys returning a negative sample.

The pilot will continue over a period of two months, during which time the testing methodology and raceday procedures can be assessed and improved where necessary, prior to a decision being taken as to whether the matrix can be rolled out on a more permanent basis.

Saliva testing is highly cost effective, and if the pilot proves successful there could result a significant increase in raceday testing, which would be further supported by increased budget being allocated to testing.

Brant Dunshea, Chief Regulatory Officer for the BHA, said:

鈥淪aliva testing is a progressive next step for our testing and surveillance of prohibited substances. In particular, the fact that it provides near-instant results means that we are now able to screen for the substance on the day of race.

鈥淭he fact that it is a more cost-effective methodology will also allow us to significantly ramp up our testing capacity 鈥� something that we are supporting further through the allocation of an enhanced testing budget. This should serve to act both as a deterrent to those who might consider using prohibited substances and provide reassurance to those who are competing on raceday.

鈥淲e are grateful to the Professional Jockeys Association for working alongside us in developing this methodology. It is important that it is assessed through a substantive trial period before we commit to it in the longer term, but this trial period is the final step in what has been an extensive process.鈥�

Paul Struthers, Chief Executive of the Professional Jockeys Association, who assisted with the development of the pilot, said:

鈥淲e see the introduction of saliva testing as a tremendously important development, and it is supported by our members.

鈥淎n effective deterrent against the use of prohibited substances is an essential piece of the jigsaw in terms of keeping our jockeys healthy and safe. The increased testing which this methodology will allow, alongside the ability for on-the-day screening, represents a significant step towards that ambition.鈥�

Notes to Editors

1. Saliva testing will be used alongside urine testing with a broad range of substances detectable. Raceday saliva tests will act as a preliminary screen, and any jockey who does not test negative on raceday would then be required to take a confirmatory test for the purposes of any further investigation or disciplinary action.
2. Any jockey who returns a non-negative test will also be contacted by the BHA鈥檚 Chief Medical Adviser to discuss any care and support that may be appropriate.

We welcome the fact that the Irish authorities have acted swiftly. The suspension will be reciprocated here in Great Britain. The existing restriction on Mr Elliott having runners in Great Britain will stay in place until the suspension takes effect on 9 March.

The IHRB Referrals Committee pointed to the fact that the photo showed appalling bad taste and demonstrates a complete absence of respect for the horse. We endorse these comments, and the view that respect is an integral and essential part of the duty of those in charge of animals.

Today鈥檚 decision confirms that horses will not be able to run at the Cheltenham Festival or Grand National Festival in the name of Gordon Elliott.

However, if horses are transferred directly to other licensed trainers prior to 9 March 鈥� when the suspension is due to commence 鈥� they will be able to run.