Gambling Commission investigation and Gambling Commission Court Prosecution Solicitors 

The Law

Section 42 Gambling Act 2005.
S42(1) A person commits an offence if he:a. cheats at gambling, or b. does anything for the purpose of enabling or assisting another person to cheat at gambling.
(2) For the purposes of subsection (1) it is immaterial whether a person who cheats: 1. improves his chances of winning anything, or 2. wins anything.
(3) Without prejudice to the generality of Subsection (1) cheating at gambling may, in particular, consist of actual or attempted deception or interference in connection with:a. the process by which gambling is conducted, orb. a real or virtual game, race, or other event or process in which gambling relates. c. Suspicious activity in betting markets is usually connected with manipulation of results in sports (in forms such as match fixing). In the UK, allegations about that activity are handled via the Gambling Commission’s Sports Betting Intelligence Unit. However, the Commission has long recognised that bets also can be placed on political markets.
All betting companies licensed by the UK’s Gambling Commission (including remote betting intermediary licensees, or trading rooms), are required to report suspected offences (LCCP 15.1.2). Licensed operators are also required to carry out enhanced due diligence on the gambling of ‘politically exposed persons’ or family members or close associates of such persons – this would include individuals who work closely with such persons.

Penalty

Regulatory and Criminal Investigations
The prevention of illegal gambling is a key priority for the Gambling Commission. By virtue of section 28 of the Act, the Commission has the power to investigate whether an offence has been committed under the Act and may institute criminal proceedings in respect of offences under the Act.
The Commission has powers to investigate allegations related to misuse of ‘inside information’ in bets on non-sporting events, such as elections. ‘Inside information’ would be known by an individual or individuals as a result of their role in connection with the event, and which is not in the public domain – such as knowing the winner of a TV competition, or that an election is going to be held on a particular date.Following an interview under caution of the suspect and at the conclusion of the criminal investigation, the case will be thoroughly reviewed before a decision is taken.
It can take some time for a decision to be reached following your interview under caution, dependant on the nature of the particular case and of course every case is dealt with on its own facts. Once the investigators are satisfied that they have collated all of the relevant evidence following their investigation, a decision will be reached from the following options:
1. To take No Further Action; 2. To issue a Caution; 3. To instigate court proceedings; and4. In addition to the above, the Commission has the power to void bets accepted by licensed operators that involve misuse of inside information (the standard of proof needed to void a bet is lower than to proceed with a criminal investigation).
The decision will be reached based on the seriousness of the allegation, the offender’s cooperation and personal circumstances and whether a criminal prosecution is in the public interest.
There may be circumstances where the Commission’s investigations uncover evidence that a serious criminal offence may have been committed, which falls outside the Commission’s jurisdiction to investigate. In such cases the Commission may pass the information it possesses to the police, or another body, for consideration by them.
According to Section 42 of the Gambling Act 2005, the maximum penalty for gambling offences is up to 2 years in prison.