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Moves to tackle organised crime
21/09/2008
New offences targeting people who direct serious organised crime and those who have any involvement in it are among measures to be included in the forthcoming Criminal Justice and Licensing Bill.
The measures targeting criminals will include:
- a new offence of directing or controlling serious organised crime
- a new offence of being involved in serious organised crime
- a further offence of failing to report or knowingly living off serious organised criminal activity including any dishonest lawyer or accountant who facilitates such crime
- higher sentences for being involved in a serious organised crime group
- encouraging Financial Reporting Orders for convicted criminals and
- Improved arrangements for police surveillance to save on time-consuming bureaucracy
Speaking ahead of the latest meeting of the Scottish Government's Serious Organised Crime Taskforce, Justice Secretary Kenny MacAskill said:
"Serious organised crime poses a real threat to our communities and legitimate businesses.
"The criminal godfathers, their lieutenants and foot soldiers who prey on our citizens should be under no illusion that this Government is determined to put them out of business.
"Working with the police and other law enforcement agencies in the Serious Organised Crime Taskforce, we are committed to ensuring that there is no hiding place for organised criminals in Scotland.
"The Taskforce has identified a number of measures that would make life more difficult for these people.
"Our forthcoming Criminal Justice and Licensing Bill will include these measures and send these gangsters and the people who help them control their empires and manage their financial affairs a strong message that they will not be able to operate in Scotland with impunity.
"By targetting those people who direct crime, or those, who chose to turn a blind eye to it, and monitoring these crooks financial affairs, we are putting them on notice that this Government is determined to take them on and take them down."
The new offence of directing serious organised crime is aimed at making it easier to convict those who direct crime but distance themselves from the activity on a day to day basis.
The Scottish Government also wishes to see convicted gang members who commit crimes on behalf of their serious organised crime group.
A new statutory aggravation will allow the courts to impose higher sentences if criminal activity has taken place on behalf of a serious organised crime group
The bill will also include powers to convict those living off the benefits of serious organised criminal activity and those people who facilitate such activity.
A Financial Reporting Order can be imposed by the court- we will make it explicit that a prosecutor can directly apply to the court to impose an order. The order would require an offender who is likely to repeat an offence of fraud or money laundering to provide details of their financial transactions to the police for a specified period.
The Scottish Government also plans to streamline the authorisation process for surveillance operations involving two or more police forces.