Organised crime prevention order
Encyclopedia
Organised crime prevention orders are proposed new powers which the UK Home office
would like to introduce in order to help combat serious and organised crime.
The new orders will give the UK court
s power to restrict an individual's financial dealings such as setting a limit on the amount of cash an individual can carry and allowing them only to use "notified financial instruments", when that individual has not committed any offence. The proposed new organised crime prevention orders will, if enacted, introduce new powers which will also enable the state to compulsorily to purchase businesses or property belonging individuals subject to the orders as well as prevent them from working in certain industries. An application could be made for an order to prevent an individual from using the internet, or working in the financial sector.
The proposed new powers appear not to limit the scope of orders which could be made under them, this is to be left up to the courts. Examples given by the Home Office indicate that they expect the new powers to be used to prevent individuals from travelling and meeting others. Such powers are already seen in the highly controversial terrorist control order
s - which have been described by a High Court Judge
as "conspicuously unfair", another judge has ruled that terrorist control orders restricting individuals freedoms in the same way as the proposed new orders breach a subjects human rights. The organised crime prevention orders are being billed by the Home office as somewhere in between an ASBO
and the terrorism control orders, none of the orders require a criminal offence to have been committed before they are used.
The Home Office consultation document explains the circumstances in which an organised crime prevention order could be sought:
The courts would be able to impose an organised crime prevention order if they believe on the balance of probability an individual (or a group) had acted in a way which facilitated or was likely to facilitate the commissioning of serious crime. This wording means that even if no crime had taken place an individual could face the effects of the draconian proposed powers.
There is a lot of potential for abuse inherent in these new regulations. As an example an individual providing a discussion forum, open mail relay
, free webmail, chat service, web proxy
or other online service which while having legitimate uses would likely be used for the commission of serious crime online could find themselves unable to meet others, carry cash or travel. There is also potential for these new rules to push technology companies out of the UK, would companies feel comfortable launching services such as hotmail
, or myspace
feel comfortable launching their services in an environment where those responsible could face draconian measures if their services were judged "likely to facilitate the commissioning of serious crime", a popular free web based email service could quite easily be judged to fit that criteria.
Home Office
The Home Office is the United Kingdom government department responsible for immigration control, security, and order. As such it is responsible for the police, UK Border Agency, and the Security Service . It is also in charge of government policy on security-related issues such as drugs,...
would like to introduce in order to help combat serious and organised crime.
The new orders will give the UK court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
s power to restrict an individual's financial dealings such as setting a limit on the amount of cash an individual can carry and allowing them only to use "notified financial instruments", when that individual has not committed any offence. The proposed new organised crime prevention orders will, if enacted, introduce new powers which will also enable the state to compulsorily to purchase businesses or property belonging individuals subject to the orders as well as prevent them from working in certain industries. An application could be made for an order to prevent an individual from using the internet, or working in the financial sector.
The proposed new powers appear not to limit the scope of orders which could be made under them, this is to be left up to the courts. Examples given by the Home Office indicate that they expect the new powers to be used to prevent individuals from travelling and meeting others. Such powers are already seen in the highly controversial terrorist control order
Control order
A control order is an order made by the Home Secretary of the United Kingdom to restrict an individual's liberty for the purpose of "protecting members of the public from a risk of terrorism". Its definition and power were provided by Parliament in the Prevention of Terrorism Act 2005...
s - which have been described by a High Court Judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
as "conspicuously unfair", another judge has ruled that terrorist control orders restricting individuals freedoms in the same way as the proposed new orders breach a subjects human rights. The organised crime prevention orders are being billed by the Home office as somewhere in between an ASBO
Åsbo
Åsbo can refer to:*Åsbo Northern Hundred, a hundred in Scania*Åsbo Southern Hundred, a hundred in Scania...
and the terrorism control orders, none of the orders require a criminal offence to have been committed before they are used.
The Home Office consultation document explains the circumstances in which an organised crime prevention order could be sought:
These sort of orders might be used in cases where there was a strong weight of evidence but either not enough for a prosecution, [or where] prosecution was planned but additional measures were urgently needed to prevent harms in the interim, prosecution had been ruled not appropriate on public interest grounds, or the evidence of criminal activity could not be prosecuted (eg because it took place overseas). These sorts of orders could be imposed to prevent criminal activity in the first place, but they might also constitute an alternative disposal for those individuals at the fringe of major cases who were not targeted for prosecution, but from whom specific assurances of future good behaviour are needed, or for individuals preparing to agree a deal under the Queen’s Evidence provisions in SOCPA.[The Serious Organised Crime and Police Act 2005Serious Organised Crime and Police Act 2005The Serious Organized Crime and Police Act 2005 is an Act of the Parliament of the United Kingdom aimed primarily at creating the Serious Organised Crime Agency, it also significantly extended and simplified the powers of arrest of a constable and introduced restrictions on protests in the...
]
The courts would be able to impose an organised crime prevention order if they believe on the balance of probability an individual (or a group) had acted in a way which facilitated or was likely to facilitate the commissioning of serious crime. This wording means that even if no crime had taken place an individual could face the effects of the draconian proposed powers.
There is a lot of potential for abuse inherent in these new regulations. As an example an individual providing a discussion forum, open mail relay
Open mail relay
An open mail relay is an SMTP server configured in such a way that it allows anyone on the Internet to send e-mail through it, not just mail destined to or originating from known users...
, free webmail, chat service, web proxy
Proxy server
In computer networks, a proxy server is a server that acts as an intermediary for requests from clients seeking resources from other servers. A client connects to the proxy server, requesting some service, such as a file, connection, web page, or other resource available from a different server...
or other online service which while having legitimate uses would likely be used for the commission of serious crime online could find themselves unable to meet others, carry cash or travel. There is also potential for these new rules to push technology companies out of the UK, would companies feel comfortable launching services such as hotmail
Hotmail
Windows Live Hotmail, formerly known as MSN Hotmail and commonly referred to simply as Hotmail, is a free web-based email service operated by Microsoft as part of its Windows Live group. It was founded by Sabeer Bhatia and Jack Smith and launched in July 1996 as "HoTMaiL". It was one of the first...
, or myspace
MySpace
Myspace is a social networking service owned by Specific Media LLC and pop star Justin Timberlake. Myspace launched in August 2003 and is headquartered in Beverly Hills, California. In August 2011, Myspace had 33.1 million unique U.S. visitors....
feel comfortable launching their services in an environment where those responsible could face draconian measures if their services were judged "likely to facilitate the commissioning of serious crime", a popular free web based email service could quite easily be judged to fit that criteria.