§ 15 — Meaning of “possession”

15.—(1) For the purposes of this Act, a person has “possession” of a gambling article if —(a)

the person, being an individual, carries or has an object or a thing on his or her person, including something carried or worn by the person (called in this section physical possession), and the individual knows or has reason to believe that the object or thing is a gambling article;

(b)

the person has the care, control or management of the gambling article;

(c)

the person has the gambling article in the care, control or management of another person, including storing it with that other person;

(d)

the person drives, flies or otherwise operates (even by remote control) any conveyance carrying the gambling article;

(e)

the gambling article is in or on any place or premises, owned, leased or occupied by, or in the care, control or management of, the person; or

(f)

the gambling article is within any container owned or in the care, control or management of, the person.

(2) Without limiting subsection (1), for the purposes of this Act, a person has possession of a gambling article if —(a)

any major part of the gambling article is in the person’s possession;

(b)

other major parts of the gambling article are in the possession of another person or persons;

(c)

at least one of the other persons is in possession of the other major part or major parts of the gambling article for an agreed purpose with the person; and

(d)

those parts would make up the gambling article if fitted together,

and each of the persons is taken to be possessing the gambling article.

(3) However, for the purposes of any proceedings for an offence under this Act, a person is not taken to have possession of a gambling article just because the gambling article is at a place or premises owned, leased or occupied by the person if the court is satisfied, on a balance of probabilities, that —(a)

the person did not know and could not reasonably be expected to have known that the gambling article is at the place or premises;

(b)

someone else who is authorised to possess the gambling article —(i)

is also at the place or premises; or

(ii)

has the care, control or management of the gambling article;

(c)

someone else who is not authorised to possess the gambling article has the care, control or management of the gambling article; or

(d)

on the evidence, the person was otherwise not in possession of the gambling article.

(4) In addition to subsection (3), for the purposes of any proceedings for an offence under this Act, a person is not taken to have possession of a gambling article just because the gambling article is in a container owned by the person if the court is satisfied, on a balance of probabilities, that —(a)

the person did not know and could not reasonably be expected to have known that the gambling article is in the container;

(b)

someone else has the care, control or management of the gambling article; or

(c)

on the evidence, the person was otherwise not in possession of the gambling article.

(5) A defendant to a prosecution for an offence under this Act who wishes to rely on a matter mentioned in subsection (3) or (4) has the evidential burden in relation to the matter.

(6) To determine whether a person has the care, control or management of a gambling article, for the purposes of this Act, each of the following must be considered:(a)

whether the person knows about the gambling article;

(b)

whether the person can use or transfer the gambling article;

(c)

whether the person can control or prevent someone else from using or having physical possession of the gambling article.

—(1) For the purposes of this Act, a person has “possession” of a gambling article if —(a)

the person, being an individual, carries or has an object or a thing on his or her person, including something carried or worn by the person (called in this section physical possession), and the individual knows or has reason to believe that the object or thing is a gambling article;

(b)

the person has the care, control or management of the gambling article;

(c)

the person has the gambling article in the care, control or management of another person, including storing it with that other person;

(d)

the person drives, flies or otherwise operates (even by remote control) any conveyance carrying the gambling article;

(e)

the gambling article is in or on any place or premises, owned, leased or occupied by, or in the care, control or management of, the person; or

(f)

the gambling article is within any container owned or in the care, control or management of, the person.

(2) Without limiting subsection (1), for the purposes of this Act, a person has possession of a gambling article if —(a)

any major part of the gambling article is in the person’s possession;

(b)

other major parts of the gambling article are in the possession of another person or persons;

(c)

at least one of the other persons is in possession of the other major part or major parts of the gambling article for an agreed purpose with the person; and

(d)

those parts would make up the gambling article if fitted together,

and each of the persons is taken to be possessing the gambling article.

(3) However, for the purposes of any proceedings for an offence under this Act, a person is not taken to have possession of a gambling article just because the gambling article is at a place or premises owned, leased or occupied by the person if the court is satisfied, on a balance of probabilities, that —(a)

the person did not know and could not reasonably be expected to have known that the gambling article is at the place or premises;

(b)

someone else who is authorised to possess the gambling article —(i)

is also at the place or premises; or

(ii)

has the care, control or management of the gambling article;

(c)

someone else who is not authorised to possess the gambling article has the care, control or management of the gambling article; or

(d)

on the evidence, the person was otherwise not in possession of the gambling article.

(4) In addition to subsection (3), for the purposes of any proceedings for an offence under this Act, a person is not taken to have possession of a gambling article just because the gambling article is in a container owned by the person if the court is satisfied, on a balance of probabilities, that —(a)

the person did not know and could not reasonably be expected to have known that the gambling article is in the container;

(b)

someone else has the care, control or management of the gambling article; or

(c)

on the evidence, the person was otherwise not in possession of the gambling article.

(5) A defendant to a prosecution for an offence under this Act who wishes to rely on a matter mentioned in subsection (3) or (4) has the evidential burden in relation to the matter.

(6) To determine whether a person has the care, control or management of a gambling article, for the purposes of this Act, each of the following must be considered:(a)

whether the person knows about the gambling article;

(b)

whether the person can use or transfer the gambling article;

(c)

whether the person can control or prevent someone else from using or having physical possession of the gambling article.