Gaming Act 1845

From Wikipedia, the free encyclopedia

Acts of Parliament of predecessor
states to the United Kingdom

Acts of English Parliament to 1601
Acts of English Parliament to 1641
Ordinances and Acts (War & Interregnum) to 1660
Acts of English Parliament to 1699
Acts of English Parliament to 1706
Acts of Parliament of Scotland
Acts of Irish Parliament to 1700
Acts of Irish Parliament to 1800
Acts of Parliament of the United Kingdom

1707–1719 | 1720–1739 | 1740–1759
1760–1779 | 1780–1800 | 1801–1819
1820–1839 | 1840–1859 | 1860–1879
1880–1899 | 1900–1919 | 1920–1939
1940–1959 | 1960–1979 | 1980–1999
2000–Present
Acts of the Scottish Parliament
Acts of the Northern Ireland Parliament
Acts of the Northern Ireland Assembly
Measures of the National Assembly for Wales
Orders in Council for Northern Ireland
United Kingdom Statutory Instruments

The Gaming Act 1845 (8&9 Vict., c. 109) is an Act of Parliament passed by the Parliament of the United Kingdom. The act's principle provision was to deem a wager unenforceable as a legal contract. The Act received Royal Assent on August 8, 1845. Ss.17-18, though amended, remain in force, as of 2007.

As of 2007, the UK government has accepted that wagers should continue to he unenforceable as contracts.[1]

Contents

[edit] Background

Increasing concern as to the damaging social effects of gambling[2] gave rise to a select committee of the House of Commons whose recommendations were implemented by the Act.[3]

[edit] Gambling contracts deemed void (s.18)

The Act provides that:

All contracts or agreements, whether by parole or in writing, by way of gaming or wagering, shall be null and void; and no suit shall be brought or maintained in any court of law and equity for recovering any sum of money or valuable thing alleged to be won upon any wager, or which shall have been deposited in the hands of any person to abide the event on which any wager shall have been made: Provided always, that this enactment shall not be deemed to apply to any subscription or contribution, or agreement to subscribe or contribute, for or towards any plate, prize, or sum of money to be awarded to the winner or winners of any lawful game, sport, pastime, or exercise.

However, a bet on the The Tote does not fall within the scope of the Act.[4]

[edit] Cheating at play (s.17)

The Act provides that it is a crime to:

... by any fraud or unlawful device or ill practice in playing at or with cards, dice, tables, or other game, or in bearing a part in the stakes, wages, or adventures, or in betting on the sides or hands of them that do play, or in wagering on the event of any game, sport, pastime, or exercise, win from any other person to himself, or any other or others, any sum of money or valuable thing ...

In 2005, Kwong Lee, Martin Fitz and Shuhal Miah were found guilty of cheating at roulette under this section.[5]

[edit] References

  1. ^ Gambling Review (2002)4.7/ r.108
  2. ^ Miers (2002) p.20
  3. ^ House of Commons (1844)
  4. ^ Tote Investors v. Smoker [1968] 1 QB 509
  5. ^ Trapped by a sting that won too much (HTML). TimesOnline. Retrieved on 2007-08-04. - this article implies that the three were the first to be convicted under the Act but many cases are cited in Richardson, P.J. (ed.) (2007). Archbold: Criminal Pleading, Evidence and Practice. London: Sweet & Maxwell, 22-70. ISBN 0-421-94830-2. 

[edit] Bibliography

  • Official text of the statute as amended and in force today within the United Kingdom, from the UK Statute Law Database
  • Gambling Review (2002) A Safe Bet for Success Cm.5397
  • House of Commons (1844) Report from the Select Committee on Gaming HC1844/297
  • Miers, D. (2004). Regulating Commercial Gambling: Past, Present, and Future. London: Oxford University Press. ISBN 0199276153. 
  • Smith, C. & Monckom, S. (2001). Smith and Monckom's The Law of Betting, Gaming and Lotteries. London: LexisNexis. ISBN 0406903131. 

[edit] See also

  • Betting and Gaming Act 1960