Also the judge is really doing a bad job if he asks the competitor about the penalty. When a judge asks me if I get a penalty, I tell him or her to ask another judge or the delegate.
What I find to be a more complicated situation is when you get the same scramble for the second time. In that case:
- You can never be sure if it's the same scramble again, and in theory there could be the same scramble twice in a row.
- You can't be sure if it's the wrong scramble, or the last scramble was the wrong one.
- That means, you still should solve the scramble! But if you solved it, and then tell the judge it's the same scramble, you can't prove it ...
- I'm sure this is happening many times, and people don't tell their judge, because they propably get a good time. (Someone once had a WR because of this, and admitted it years later)
- etc.
How should one react as competitor / judge?
What I do: When I inspect and think it is the same scramble, I will say to the judge "I think it is the same scramble". Then I will solve it, if possible using the same solution to go sure. If I am sure that it's the same scramble, I will tell the delegate.