362 Evidence of bookmaking


The presence of a document or thing designed, adapted, or intended for use in bookmaking at a place is, in the absence of evidence to the contrary, sufficient proof—


that the owner or occupier of the place was causing or permitting the place to be used for bookmaking in contravention of section 19(1):


that the owner or occupier was conducting bookmaking in contravention of section 19(1).


In proceedings for a bookmaking offence, it is not necessary for the prosecution to prove that a bet was made in the presence of a gambling inspector or constable.


However, it is sufficient evidence, unless the contrary is proved, that the person was carrying on the business of bookmaking if it is shown that the person—


has offered, directly or indirectly, to receive or negotiate any bet or to lay any odds; or


has issued or has been party to the issue of any card, circular, advertisement, or other document (including in electronic form) indicating or purporting to indicate, in any manner, where or with whom or at what odds a bet may be made.

Compare: 1977 No 84 s 122

Section 362(1)(b): amended, on 3 March 2015, by section 118 of the Gambling Amendment Act 2015 (2015 No 3).

Section 362(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).