Gaming Act (Cap. 583)

Gaming Act (Cap. 583), article 26

Official PDF on legislation.mt

26. (1) In the case of any infringement of any provision of this Act or any other regulatory instrument, any moneys or e ffects representing the gaming activity, as well as any instruments or other means used in gaming and which ma y have been found and seized b y the Police and, or the Authority on the occasion of any search effected on any person suspected of having committed such infringement or which may have been found in any place suspected of being used for such purpose, may, until the contrary is prov ed, be taken as sufficient evidence that such moneys, effects or place were actually used for gaming and that the persons found therein and located within direct proximity of the moneys or effects used f or gaming at the time of the search were taking part in such gamin g, even though no such bets or wagers were actually going on in th e presence of the Police officers a nd, or officers of the Authori ty. (2) Where any Police officer or any officer of the Authority lawfully authorised to enter any premises suspected to be used in contravention of any regulatory instrument is wilfully prevente d from or obstructed or delayed in entering the same or any part there of, or where any door or any contrivance whatsoever is found in such premises for preventing, delaying or obstructing the entry into t h e same, or for giving an alarm or warning in case of such entry, or if any such premises or part thereof is found fitted or provided w ith any means or contrivance for unlawful betting or wagering or for concealing, removing or destroying any instruments used for such unlawful purposes, it shall be evi dence, until the contrary is made to appear, that such premises are u sed for bets or wagers and that the persons found therein were taking part in activities in contrav ention of the relevant regulatory instrument. (3) In the case of a prosecution under the provisions of this Act or any other regulatory instrument, any person who in any w ay whatsoever has taken part in or has been a partner of any perso n in any bet or wager, and whose evidence is required in support of such charge as aforesaid, shall be compellable to answer any questio n respecting that charge, notwithstanding that the answer thereto will expose him to criminal prosecution; but in any such event, any person who shall have given evidence in respect of such charge, and wh o shall have made a true and faithful statement touching such cha rge, to the best of his knowledge, shall thereupon obtain from the cour t a GAMING [CAP. 583. 21 certificate to that effect, and he shall, in consequence, be ex empted from all criminal responsibility in respect of his participatio n in the bet or wager forming the subject-matter of the charge upon whic h he gave evidence as witness. Forfeiture in favour of the Authority.

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Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.