Gambling disorder and the case for mitigation in financial crime

While often seen as out of character, for those who present in court with gambling disorder in the context of financially-based crimes, mitigation is rare and contextual factors are often not fully considered. This study aimed to explore experiences of the process of gambling disorder, and its potential to constrain choices and impair decision making and self-control, as well as whether commercial factors such as product design, marketing, and loyalty programmes may have influenced participants gambling and their crimes. A total of 13 participants (10 male, 3 female) completed semi-structured interviews focussing on the disorder and wider commercial influences. Three themes emerged: (1) impact on choice, decision-making and self-control; (2) commercial and regulatory influences; and, (3) experiences of crime. Themes underline the need to consider more fully mitigation in court and for the criminal justice system to respond with greater understanding and flexibility. Implications for reform and policy are discussed.