Criminal Law and Practice in Scotland
| Date | 01 October 1939 |
| DOI | 10.1177/0032258X3901200402 |
| Published date | 01 October 1939 |
| Subject Matter | Article |
Criminal
Law and Practice in Scotland
BETTING-CASH
OR CREDIT ?
THE decision of the High Court of Justiciary in the recent
case of Kennedy v, Hill (July 5th, 1939) is instructive to
police officersin Scotland who are particularly concerned with
the enforcement of the Betting Acts. It serves to throw light
upon the nature of the evidence required to satisfy a court that
premises are kept for the purpose of
ready-money-and
not
merely for
credit-betting.
The
Appellant was charged, in the Sheriff Courtat Paisley,
with a contravention of Section 1 of the Betting Act, 1853, as
extended to Scotland by the Betting Act, 1874. Although, in
his Complaint, the Procurator-Fiscal charged both the keeping
of premises for the purpose of betting with persons resorting
thereto and the keeping of the premises for the purpose of
ready-money betting, it was only upon the latter point (cash
or credit
?)
that the Appeal was argued.
(That
is to say, it was
agreed that the evidence led before the Sheriff fell short of
proof of betting with persons resorting to the premises.)
In
convicting the accused, after hearing evidence on a plea of not
guilty, the Sheriff would appear to have drawn the inference
of cash betting from the following facts, which are sum-
marised from the Stated Case submitted for the opinion of the
High
Court:-
The
Appellant occupied certain premises in Paisley, where
he carried on business as a bookmaker and
turf
commission
agent. On June zznd, 23rd and 24th, the premises were under
Police observation during racing hours.
The
officerswatching
the close giving access to the premises (and also to another
bookmaker's
office)
saw a considerable traffic of persons to the
close, including two known street touts, who entered on
several occasions each day. One of these men had, on a recent
apprehension for street betting (of which he was subsequently
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