How Sam Kerr could be jailed and deported: Legal expert answers all the burning questions surrounding Matildas star’s legal scandal

Sam Kerr is the name on everyone’s lips in Australia after the Matildas captain was criminally charged in a London court on Monday.

Kerr, 30, will face a four-day trial on February 25 after he allegedly racially abused a police officer after a night out in Twickenham. He metropolitan police They say the dispute arose over a complaint about a taxi fare.

The Chelsea striker allegedly called a police officer a “stupid white PC” during a drunken night out in a south-west London suburb.

On Tuesday, Football Australia revealed they had no knowledge of the alleged offence, which allegedly took place on January 30, 2023, questioning why Kerr did not inform the governing body after she was charged in January this year.

Kerr pleaded not guilty on Monday and his legal team expects the case to be dismissed when they return to court next month.

So, with many questions still to be answered surrounding the case, Daily Mail Australia spoke to criminal law expert Danielle Reece-Greenhalgh, partner at Corker Binning, to find out all the details.

Why did it take so long to charge Sam Kerr?

Reece-Greenhalgh: Unfortunately, the criminal justice system is facing a huge backlog of cases.

The impact of this is felt by police officers tasked with investigating crimes, the Crown Prosecution Service and the justice system.

A delay of 14 months from incident to prosecution is by no means unusual or excessive by recent standards, although it causes enormous problems for both suspects and complainants.

How bad is the worst outcome for Sam Kerr?

Reece-Greenhalgh: The offense of racially or religiously aggravated harassment carries a maximum statutory prison sentence of two years (or a fine, or both) when the accused is found guilty following a trial before the Crown Court.

There are a number of factors that could be taken into account when a judge calculates the sentence, such as the level of any alleged racial motivation and whether the complainants were working in public service at the time, as well as the personal characteristics and background of the accused. .

It is rare that the maximum sentence is handed down, because they are reserved for the most heinous crimes.

Could Sam Kerr be deported?

Reece-Greenhalgh: Under the Immigration Act of 1971, foreigners sentenced to 12 months or more in prison are automatically subject to deportation, unless a number of exceptions apply.

If she is convicted, will she be able to enter the United States?

This is where Reece-Greenhalgh’s experience ends, as she specializes solely in criminal law.

The U.S. Embassy does not recommend travelers who have criminal records attempt visa-free travel to the United States under the Visa Waiver Program.

If you have been arrested. reprimanded or convicted of an infraction, he must declare it when applying for the visa.

If you have been convicted, you may be permanently ineligible to receive a visa unless you are granted a waiver of ineligibility to travel to the United States.