Contribution
My Lords, in moving Amendment 70 I will also talk to the other amendments in my name. I am grateful to the noble Lords, Lord Bourne of Aberystwyth and Lord Gold, for their support. I have indicated my support for the amendment in this group from the noble Lord, Lord Bach. With one caveat, which I will come to, I am also attracted by the amendments in the name of the noble Lord, Lord Brooke of Alverthorpe. I declare my interest as the chairman of Peers for Gambling Reform because the thrust of this group of amendments is about the lack of reference to tackling gambling disorder in the criminal justice system and the need to do something about it.
Anyone who was looking at the BBC News headlines only today may have noticed the headline, “Skipton gambling addict fuelled habit with company funds”. The article goes on to point out:
“A web developer has been jailed for fraud after siphoning more than £500,000 from the company he worked for to fuel his gambling addiction”.
Disorders caused by drug and alcohol addiction are frequently referred to in all the legislation, procedures and processes, and in all the support, help and guidance that is given about how the Probation Service, the Prison Service and the judiciary should handle various stages when a suspect or offender engages with the criminal justice system. Gambling disorder is not; I believe it should be, and these amendments offer a way forward.
Part of the role of sentencing is to consider how best to reduce the likelihood of an offender reoffending. Where, for example, it has been identified that a person is a drug addict or that he or she committed crime to raise funds to pay for the habit, that is frequently taken into account, for example by adding a treatment condition or giving a non-custodial sentence rather than a custodial one, so that more effective treatment can be provided to reduce the likelihood of reoffending. Since screening for gambling disorder rarely happens, it is not taken into account in the sentencing process, or in any subsequent stages during either a custodial or a non-custodial sentence. Indeed, judges, for example, do not routinely consider gambling disorder as a mitigating factor in the same way that they do for drugs and alcohol disorders.
In the other place, when a similar concern was raised, Ministers argued that gambling is a mental health issue, and since mental health forms part of the screening and sentencing decision, therefore gambling is covered and there is no need to take any further action. To some extent, that is actually true. Both the World Health Organization and the internationally recognised Diagnostic and Statistical Manual of Mental Disorders put alcohol and drugs and gambling disorders under the umbrella of mental health disorders. But critically, all three are then linked under a sub-category, “Substance-Related and Addictive Disorders”. It is clear that the WHO and the diagnostic manual treat drug, alcohol and gambling as a separate group in which all three need to be considered. For quite a long time, however, we have referred in all the documentation to mental health and drug and alcohol issues only, separating out drug and alcohol from other forms of mental health issues since they require a separate approach—gambling is not mentioned.
This is actually borne out in the official documents that are currently used in the main offender assessment system, OASys, which is used by both prison and probation staff. Guides on OASys say it is used by prison and probation officers to assess the needs and risks of offenders, specifically the risk of reoffending and the risk of harm. The resulting assessment then helps formulate plans designed to reduce those risks. Chapter 3 of the latest OASys guide lists “factors linked to offending” under section 3.2.1, “Likelihood of Reoffending Assessment”. The list covers things like accommodation, education, training, employability and relationships. Drug misuse and alcohol misuse also appear, but there is no reference to gambling despite the very clear evidence, as we heard from that quote, of the links between gambling disorder and crime.
Currently, the system fails in multiple interrelated ways. First, identification is inconsistent and unreliable. Many individuals enter court or prison without any assessment of whether gambling disorder contributed to their offence. Secondly, courts rarely have access to gambling-specific psychological reports, leaving judges without the evidence needed to make informed decisions about sentencing. Thirdly, there is no statutory gambling treatment requirement, leaving courts without structured, clinically guided alternatives to custodial sentences. Fourthly, within prisons, treatment and peer support are largely absent and gambling culture remains pervasive. Fifthly, upon release, continuity of care is inconsistent: individuals are discharged without referral to community gambling services, without peer support and without family support frameworks, leaving them highly vulnerable to relapse and to reoffend.