Gambling Bill

Overview

The Gambling (Amendment) Bill, 2022 has been amended in line with Government’s efforts to foster safer communities across the Cayman Islands. The increased sanctions and fines for a range of illegal gambling offences contained in the new Bill intend to serve as a very strong deterrent to disincentivise illegal gambling activity, and subsequently protect individuals and families from financial and emotional harm.

Under the new Bill, penalties are proposed to increase for a range of general gambling offences, including the use and ownership of premises for gambling, the publication of lottery numbers, and dealing with money resulting from gambling activities.

The proposed amendments support Government’s broad outcomes, predominantly strengthening good governance for more effective government, and promoting the stronger enforcement of current legislation.

The recommendations provided to improve enforcement are as follows:

a.    Dismantle criminal organisations involved in illegal gambling by committing resources to conduct long-term investigations, relentless prosecutions and asset forfeiture;

b.    Increase the use of civil forfeiture of assets from beneficiaries of illegal gambling.

Under the new legislation, it has also been proposed to add the crime of gambling/crimes related to gambling to Schedule 1 of the Proceeds of Crime Act (2020 Revision). Currently, Schedule 1 of the Proceeds of Crime Act (“POCA”) mirrors Schedule 2 of the UK legislation, with slight changes on where gambling is regulated. By adding gambling to Schedule 1 of the POCA, it makes all gambling offences a lifestyle offence. This amendment to the POCA will also allow for confiscation orders to be made by the Courts, in the case where one is found to have taken part in or facilitated illegal gambling activity. In addition, this will support the dismantling of criminal organisations involved in illegal gambling across the Cayman Islands by committing resources to conduct long-term investigations, relentless prosecutions and asset forfeiture.

This amendment to the POCA will also allow for confiscation orders to be made by the Courts, in the case where one is found to have taken part in or facilitated illegal gambling activity.