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 arraigned on a criminal charge in a London court on Monday.

Kerr, 30, will face a four-day trial on February 25 after she allegedly racially abused a police officer following a night out in Twickenham. The metropolitan police say that the dispute arose as a result of a complaint about a taxi fare.

The Chelsea attacker is said to have called a police officer a ‘stupid white cop’ during a drunken night out in the south-west suburbs of London.

On Tuesday, Football Australia revealed they had no knowledge of the alleged offence, which is said to have occurred on January 30, 2023, raising questions as to why Kerr did not inform the governing body after she was charged in January this year.

Kerr entered a not guilty plea on Monday, with her legal team hoping the case would be dismissed when they return to court next month.

With many questions still to be answered about the case, Daily Mail Australia spoke to criminal law expert Danielle Reece-Greenhalgh, partner at Corker Binning, to find out more.

Why did it take so long to indict Sam Kerr?

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

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

A delay of fourteen months between the incident and the indictment is certainly not 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) if a suspect is found guilty following a trial at the Crown Court.

A legal expert says the length of time between the alleged incident and Kerr’s indictment is not unusual

There are a number of factors that may be taken into account when a judge calculates the sentence, such as the degree of alleged racist motivation and whether the complainants were employed in the public service at the time, as well as the personal characteristics and background of the suspect. .

It is rare for the maximum penalty to be imposed as it is reserved for the most egregious offences.

Can Sam Kerr be deported?

Reece-Greenhalgh: Under the Immigration Act 1971, aliens sentenced to twelve months or more in prison are automatically subject to deportation unless one of a series of exceptions applies.

The Immigration Act 1971 says that foreign nationals sentenced to twelve months or more in prison can be deported

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

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

The U.S. Embassy discourages travelers with a criminal record from attempting visa-free travel to the United States under the Visa Waiver Program.

If you are arrested. have been warned or convicted of an offense, you must indicate this when applying for a visa.

If you are convicted, you may be permanently ineligible for a visa unless you receive an exemption not to travel to the United States.