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24 May 10
09:45
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Date Joined:
24 Feb 10
For people who bet with traditional bookies, particularly high street and therefore licensed in the UK. Could be useful to quote this paragraph if in dispute. (wouldn't work here since they are based on Maltese Law):
Section 328 of the Gambling Act 2005: The Gambling Commission may make an order in relation to a bet accepted by or through the holder of a general betting operating licence...only if it is satisfied that the bet was substantially unfair ('section 336(1): In considering whether a bet was unfair the Commission must, in particular, take account of any of the following that applies:
(1) the fact that either party to the bet supplied insufficient, false or misleading information in connection with it;
(2) the fact that either party to the bet believed or out to have believed that a race, competition or other event or process to which the bet related was or would be conducted in contravention of industry rules;
(3) the fact that either party to the bet believed or ought to haev beleived that an offence under s42 (cheating) had been or was likely to be committed in respect of anything to which the bet related; and
(4) the fact that either party to the bet was convicted of an offence under s42 in relation to the bet.
Section 328 of the Gambling Act 2005: The Gambling Commission may make an order in relation to a bet accepted by or through the holder of a general betting operating licence...only if it is satisfied that the bet was substantially unfair ('section 336(1): In considering whether a bet was unfair the Commission must, in particular, take account of any of the following that applies:
(1) the fact that either party to the bet supplied insufficient, false or misleading information in connection with it;
(2) the fact that either party to the bet believed or out to have believed that a race, competition or other event or process to which the bet related was or would be conducted in contravention of industry rules;
(3) the fact that either party to the bet believed or ought to haev beleived that an offence under s42 (cheating) had been or was likely to be committed in respect of anything to which the bet related; and
(4) the fact that either party to the bet was convicted of an offence under s42 in relation to the bet.
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(3) the fact that either party to the bet believed or ought to have beleived that an offence under s42 (cheating) had been or was likely to be committed in respect of anything to which the bet related; and
Does this mean I can get a refund if Ronaldo takes a dive and gets awarded a penalty?
Does this mean I can get a refund if Ronaldo takes a dive and gets awarded a penalty?
It is cheating at betting so yes if you can prove that he dived to defraud punters and benefit from betting himself then you may well have a case. If on the other hand you can only prove that he dived because he cheats at his job then I am afraid you will have to find another avenue for your claims!
42
Cheating .(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— .
(a)
improves his chances of winning anything, or .
(b)
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, or .
(b)
a real or virtual game, race or other event or process to which gambling relates. .
(4)
A person guilty of an offence under this section shall be liable— .
(a)
on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or .
(b)
on summary conviction, to imprisonment for a term not exceeding 51 weeks, to a fine not exceeding the statutory maximum or to both. .
(5)
In the application of subsection (4) to Scotland the reference to 51 weeks shall have effect as a reference to six months. .
(6)
Section 17 of the Gaming Act 1845 (c. 109) (winning by cheating) shall cease to have effect.
Cheating .(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— .
(a)
improves his chances of winning anything, or .
(b)
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, or .
(b)
a real or virtual game, race or other event or process to which gambling relates. .
(4)
A person guilty of an offence under this section shall be liable— .
(a)
on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or .
(b)
on summary conviction, to imprisonment for a term not exceeding 51 weeks, to a fine not exceeding the statutory maximum or to both. .
(5)
In the application of subsection (4) to Scotland the reference to 51 weeks shall have effect as a reference to six months. .
(6)
Section 17 of the Gaming Act 1845 (c. 109) (winning by cheating) shall cease to have effect.
Betfair are licenced by the GC as well as the maltese.
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