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<p>Section 28 of the Gambling Act 2005 states that the Gambling Commission may investigate
whether an offence has been committed under the Act and may institute criminal proceedings
for an offence in England and Wales. In Scotland, the power to institute criminal
proceedings rests solely with the Crown Office and Procurator Fiscal Service (COPFS).
These provisions are tied to specific powers outlined in other subsections of the
Act and may be exercised whether in response to information received by the Commission
or otherwise.</p><p><strong> </strong></p><p>As a general rule, the Commission will
not normally pursue a criminal investigation into a licensed operator, as in most
cases the matter under investigation is likely to be dealt with by the exercise of
the Commission’s regulatory powers. However, there might be circumstances where the
commencement of a criminal investigation is merited. Where the Commission’s investigations
uncover evidence that a serious criminal offence may have been committed, which falls
outside the Commission’s jurisdiction, the Commission may pass the information it
possesses to the police, or another body, for consideration by them.</p><p> </p>
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