Gaming Act 1845

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 the Royal assent on August 8, 1845. Ss.17-18, though amended, remain in force, as of 2007.

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

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]

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]

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]

Bibliography

• Betting and Gaming Act 1960