A BILL introducing further measures aimed at organised criminal gangs has been published by Minister for Justice Dermot Ahern. It is expected to pass both Houses of the Oireachtas this month, and become law before the summer recess.
It includes a new offence of directing or controlling a criminal organisation, and provides for organised crime offences to be tried in the Special Criminal Court unless the DPP directs otherwise.
The Bill amends a number of existing pieces of criminal justice legislation, including the 2006 Criminal Justice Act, which already made it an offence to be a member of a criminal gang. This Bill further defines “criminal organisation”, and introduces a new offence of “directing” its activities, which carries a sentence of up to life imprisonment. An actual crime does not have to be committed to invoke the commission of this offence.
The penalty for involvement in organised crime is increased to a maximum of 15 years’ jail.
Organised crime offences will be “scheduled offences”, bringing them within the ambit of the Offences Against the State Act so that they will be tried in the non-jury Special Criminal Court.
It will also be possible to refuse bail to those suspected of involvement in a gang in certain circumstances.
Expert Garda opinion on the existence and operations of criminal gangs will be admissible in evidence, including hearsay evidence.
A person arrested under these provisions can be detained for 48 hours, with an extension up to seven days, when authorised by a court.
Such an application may be held in private at the discretion of the judge, and no information may be published about the application other than the fact that it has been made.
There is also a provision that certain information supporting the application may be given in the absence of the suspect and his or her legal representative.
Higher sentences may be imposed for repeat offences and for offences linked with the activities of criminal organisations.
There is also provision for post-release supervision and post-release orders, directing those convicted away from certain activities and areas.
There is a further extension of a provision in the Criminal Justice Act 2007, providing for a court to draw inferences from a failure to answer questions or to account for movements, actions, activities or associations.
The penalty for intimidation of a witness or juror will be increased under the legislation from 10 to 15 years’ imprisonment.
Mr Ahern said: “This is groundbreaking legislation we are publishing today.
“It is something we do not do lightly but we have a duty to protect our citizens and ensure the rule of law.
“We cannot tolerate a situation where citizens live in fear of crime gangs. This new legislation sends out a clear message to those involved in criminal gangs that we are taking you head on.
“These so-called crime lords have shown a blatant disregard for human life and an arrogance that they in some way believe they can operate outside the criminal justice system because of intimidation and threats.”