The Aguero penalty at spurs should e been given the minute they knew it was, you shouldn’t have to wait for play to stop, what if City scored a goal after a further two minutes, would it then be disallowed and the penalty have to be taken? Or could we decline the offer? Or do we get a goal and a penalty.
I think that's not a great representation of what happened.
Quite often the ball goes out, at which point no restart is allowed while the review is made. This is essentially because the restart is a cutoff point, as the phase of play has definitely ended (exceptions for mistaken identity and serious foul play). The ref isn't really waiting for the ball to go out of play, it's that the ball going out of play is a natural breakpoint from where play doesn't continue. As an aside, this also applies in rugby if a try might be dodgy, the best think to do is to take the conversion attempt as fast as possible, as it means the try can't be disallowed.
In this case, we don't know the exact timeframe. VAR will have looked at various angles - not just the ones on the TV - and it's likely to have taken 80-90 seconds (average is around 80). A bit of communication could be 10-15 for Dean to be clear as to what he is being told - it has to be the onfield ref making the decision, so it's not just a case of VAR saying "penalty, ref" in two words. There's probably a maximum of 20 seconds, and maybe less.
I'm pretty certain if City had scored, it would have stood, and there would have been no penalty - I haven't found anything specific for it. I suggest that this is because play is continuing while the review happens, and it stops when a goal is scored. See below, as anything in that time still happens.
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From the laws, there are 12 pts to the protocol, of which these seem pertinent to questions being raised:
2. The referee must always make a decision, i.e. the referee is not permitted to give ‘no decision’ and then use the VAR to make the decision; a decision to allow play to continue after an alleged offence can be reviewed.
9. If play continues after an incident which is then reviewed, any disciplinary action taken/required during the post-incident period is not cancelled, even if the original decision is changed (except a caution/sending-off for stopping a promising attack or DOGSO).
10. If play has stopped and been restarted, the referee may not undertake a ‘review’ except for a case of mistaken identity or for a potential sending-off offence relating to violent conduct, spitting, biting or extremely offensive, insulting and/or abusive gesture(s).
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From the protocol, it is clear that there needs to be no 'finger to ear' signal made if play continues, but only if a restart is delayed:
If the restart of play needs to be delayed for a ‘check’, the referee will signal this by clearly holding a finger to the earpiece/headset and extending the other hand/arm; this signal must be maintained until the ‘check’ is complete as it announces that the referee is receiving information (which may be from the VAR or another match official)
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From law 7:
3. Allowance for time lost - time from a delayed restart should be added on; it doesn't appear that 'lost' time where play continues with the ball in play is added on.
Allowance is made by the referee in each half for all time lost in that half through:
• delays relating to VAR ‘checks’ and ‘reviews’