Police Professional | Worrying lack of knowledge or targeted activity to address crime linked to problem gambling

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Worrying lack of knowledge or targeted activity to address crime linked to problem gambling

Crime related to problem gambling represents “unplumbed depths” of which there is a worrying lack of knowledge or targeted activity within the criminal justice system to address it, warns a new report published today (Wednesday October 27).

Oct 27, 2021

By Paul Jacques

Lord Goldsmith QC

The briefing by the Commission on Crime and Problem Gambling found that although problem gambling is recognised as a mental health disorder, offending related to it is not being dealt with in an appropriate way.

GamCare, the gambling support service, says there are “recognised links between harmful gambling and crime, whether crime is committed to support gambling or to pay off gambling-related debts”. Gambling-related offending typically includes fraud, theft, domestic and financial abuse, and links into wider criminality.

For the past two years, the Commission, set up by the Howard League for Penal Reform and chaired by Lord Goldsmith QC, has been investigating the links between problem gambling and crime; what impact they have on communities and wider society; and what steps could be taken to reduce crime and make people safer.

The Commission’s briefing, State of Play, summarises the evidence uncovered so far and makes some initial recommendations to government and policymakers.

Lord Goldsmith QC said: “Crime related to problem gambling represents unplumbed depths of which the criminal justice system seems largely unaware.

“For example, although there has been a growing understanding that gambling addiction is a behavioural disorder, and one which can lead to crime, problem gambling is not considered to be a mitigating factor in sentencing in the way mental health problems or drug and alcohol addiction are.

“Prisons do not screen for signs of problem gambling when people arrive, and it would be up to individual probation practitioners to pick up on problem gambling from their caseload – with limited guidance to support the people they are supervising or to advise on what treatment services might be available locally.

“Pockets of good practice do exist, particularly where the police first make contact with people who may have committed offences linked to problem gambling, but far more work needs to be done across the system to tackle this issue and reduce crime.”

The Commission is the UK’s first inquiry to focus specifically on the links between problem gambling and crime. Lord Goldsmith QC leads a panel that includes experts in criminal justice, public health and the gambling sector, and people with ‘lived experience’ of problem gambling.

Commissioners have heard evidence from a wide range of witnesses including regulators, gambling companies, police, prison and probation workers, and academics, as well as personal testimony from people whose lives have been affected by crime linked to problem gambling.

The Commission heard that limited mental health and addiction support was available in police settings for people with gambling problems. Witnesses said that there was a lack of understanding about gambling addiction, among both police and mental health practitioners.

The briefing gives details of a pilot project in Cheshire, which indicated that as many as one in eight people arrested may have a gambling problem. The Commission is currently undertaking research to understand whether each police force in England and Wales routinely screens for problem gambling when people are brought into custody suites and, if so, what happens.

Witnesses described having to educate their own legal teams about problem gambling when their cases came to court. One told the Commission that their hearing had to be adjourned while the judge researched the matter.

Commissioners heard that hardly any support was available for people in prison and, where it was, there were barriers to getting it. Witnesses said that gambling was a significant part of prison culture, making recovery more challenging.

Giving evidence about probation, witnesses again highlighted a lack of understanding and knowledge among practitioners. But while no tailored support was available, the probation service was at least helpful in accommodating needs, such as allowing changes to electronic monitoring conditions so that people could attend Gamblers Anonymous meetings.

The Commission found that the Ministry of Justice (MoJ) could take important steps that would not only improve practice but also help to build a picture of the prevalence of crime related to problem gambling.

The briefing recommends that the MoJ reviews what improvements can be made to: training and raising awareness among practitioners; assessing individuals in the criminal justice system for problem gambling behaviours linked to their offending; identifying the availability of specialist services locally; and guiding people to those services.

It also highlighted problems with the Proceeds of Crime Act 2002 in relation to financial crimes that arise through problem gambling, and the Commission recommends the use of this legislation in these cases should be reviewed.

Problem gamblers typically turn to financial crime to maintain their addiction once all other assets have been exhausted and any stolen finances are in turn consumed through gambling. A confiscation order in such circumstances disproportionately lands on families and actively hampers the rehabilitation of an individual attempting to rebuild their life.

Finally, the Commission’s new research with sentencers points to the important role played by the Sentencing Council. The Commission recommends that the Sentencing Council should consider what improvements can be made to sentencing guidelines to ensure that the courts deal with problem gambling appropriately.

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