Use of gaming machines in registered clubs

article 106(10) of The Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985

• Revoked
• Objective fault
• Alcohol licensing, gambling, smoke-free and public health

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

10 Where any of the provisions of this Article or of any regulations made under this Article is contravened in relation to

a gaming machine, then (without prejudice to any liability of any other person under paragraph (8)) any person who, knowing or having reasonable cause to suspect that the provision in question would be contravened in relation to the gaming machine, supplied the gaming machine shall be guilty of an offence.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds

a person

Conduct

contravening a requirement of the instrument

Fault element

Objective fault

Burden of proof

No statutory defence — prosecution proves everything

The prosecution must prove that the conduct happened and that it fell below the standard the provision sets. That is an objective test - what a reasonable person in the same position would have done, not what this defendant actually thought.

What a person personally believed or intended is not the question; the standard is what was reasonable.

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: objective standard in the offence-creating words: reasonable cause to suspect.

What would breach article 106(10)?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

1. Doing the thing the provision prohibits under the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985, whatever the reason for doing it.
2. Where the requirement is a positive duty, letting the time for performing it pass without performing it.

Penalty

Mode of trial

Not determined

Maximum fine

Not determined

Maximum prison (summary)

Not determined

no penalty is stated in this instrument; it may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence.

No penalty was determined from this instrument. It may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence. Absence of a figure here is not evidence that the offence carries no penalty.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

• Health and safety offences, corporate manslaughter and food safety and hygiene offences: definitive guideline Magistrates' courts and the Crown Court in England and Wales · in force from 1 February 2016

  Covers breaches of duty under the Health and Safety at Work etc. Act 1974 and the regulations made under it, and food safety and food hygiene offences. Sentencing turns on culpability and on the seriousness and likelihood of harm risked, not only on the harm that happened.

• Reduction in sentence for a guilty plea: definitive guideline All courts in England and Wales · in force from 1 June 2017

  The sliding scale of credit for pleading guilty, from one third at the first stage of proceedings downwards.

• General guideline: overarching principles All courts in England and Wales · in force from 1 October 2019

  The guideline a court uses when there is no offence-specific guideline, which is the position for the overwhelming majority of offences created by statutory instrument. It sets out how culpability and harm are assessed from first principles.

• Totality: definitive guideline All courts in England and Wales

  How to sentence more than one offence at once so that the total is just and proportionate - frequently in point here, because regulatory prosecutions commonly charge several breaches of the same instrument.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status

Revoked

Revoked by

The Licensing (Register of Licences) Regulations (Northern Ireland) 1988

Revoked on

5 December 1988

Made

31 July 1985

In force from

Not determined

Extent

N.I.

How this was established: the instrument was revoked by a later instrument found in this corpus.

Other offences in the same instrument

• SCHEDULE 5SCHEDULE 5
• Use of gaming machines in registered clubsarticle 106(8)
• Use of gaming machines on other premisesarticle 108(11)
• Use of gaming machines on other premisesarticle 108(12)
• Use of gaming machines on other premisesarticle 108(14)
• Where a condition to which an amusement permit is subject is contravened or a requirement imposed under…article 120(1)
• Use of gaming machines at exempt entertainmentsarticle 122(6)
• Use of gaming machines at exempt entertainmentsarticle 122(8)
• Removal of money from gaming machines on certain premisesarticle 123(3)
• Regulation of gaming machinesarticle 124(2)
• Regulation of gaming machinesarticle 124(3)
• Regulation of gaming machinesarticle 124(4)

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.92.

Basis

the provision says a person is “guilty of an offence”

Confidence

0.92 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source

• This provision on legislation.gov.uk The authoritative text. Check it before relying on anything here.
• The Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 Every offence this instrument creates, and its explanatory note
• Alcohol licensing, gambling, smoke-free and public healthOther offences on the same subject
• Offences created in 1985