Question to the Department for Digital, Culture, Media & Sport:

To ask the Secretary of State for Digital, Culture, Media and Sport, with reference to review of the Gambling Act 2005, what powers are currently available to the Gambling Commission to investigate and prosecute offences under section 28 of the Gambling Act 2005.

Section 28 of the Gambling Act 2005 states that the Gambling Commission may investigate whether an offence has been committed under the Act and may institute criminal proceedings for an offence in England and Wales. In Scotland, the power to institute criminal proceedings rests solely with the Crown Office and Procurator Fiscal Service (COPFS). These provisions are tied to specific powers outlined in other subsections of the Act and may be exercised whether in response to information received by the Commission or otherwise.

As a general rule, the Commission will not normally pursue a criminal investigation into a licensed operator, as in most cases the matter under investigation is likely to be dealt with by the exercise of the Commission’s regulatory powers. However, there might be circumstances where the commencement of a criminal investigation is merited. Where the Commission’s investigations uncover evidence that a serious criminal offence may have been committed, which falls outside the Commission’s jurisdiction, the Commission may pass the information it possesses to the police, or another body, for consideration by them.