Leeds likely to escape points deduction over 'spygate'

Leeds United are unlikely to be hit with a points deduction over the 'spygate' controversy.

A member of Leeds staff was caught attempting to watch Derby train prior to their match last week. Manager Marcelo Bielsa then admitted he had sent the member of staff and added last week that he had done this for every team in the Championship this season.

The FA and EFL are both investigating the incident. The Football League could charge Leeds under rule 83, which allows for a fixed penalty - a fine or deducting money from central payments - or ask for the case to be referred to the FA. They also have scope under their club charter.

Sportsmail understands the FA have not ruled out any possible punishment in that case - including a points deduction.

On Friday, Bristol City's owner Steve Lansdown called for one: 'They ought to seriously consider it but I don't think that will happen as I don't think the EFL will be strong enough to do something like that.'

Eleven Championship sides, including second-places Norwich, Millwall and Blackburn, have also sent letters to the EFL asking for full disclosure on what Leeds did.

It is likely that the Championship leaders would be charged under the FA's rule E3 on misconduct.

But sports lawyer David Seligman of Brandsmiths told Sportsmail: 'When you look at how misconduct is defined by the FA, they have to show this brings the game into disrepute.

'You could argue that this is commonplace outside of the UK and therefore you could argue that it is not bringing the game as a whole into disrepute.

'The punishment for misconduct is relatively low and they have specific rules for aggravating that and those specific factors would not apply in this scenario - like homophobia, racism and other discrimination.

'They could charge for a breach of fair play in football, but the FA would be acting outside of previous cases by doing that and handing out a deduction.

'When a player dives, does a club get a points deduction?

'It'd be highly unlikely, unfair and it could be argued that the FA could be acting outside of its powers to give Leeds a points deduction.

'I don't think there's a legal basis to really harshly punish the club.

'If Leeds are punished harshly, they would have a strong basis to appeal the decision. As something like this has not been punished before, a strong sanction such as a points deduction could be argued to be excessive.

'Furthermore, it could be argued that in handing out a points deduction, the FA disciplinary committee has handed out a sanction that no reasonable competent tribunal could have come to based on the facts in the case, particularly as the alleged 'spy' was on public property.'

The governing bodies may also struggle to hand down a significant fine, according to Seligman.

'Who do you punish? The scout? The coach? Bielsa is not the one who was caught. He sent someone, not him.'