Prevention of Organised Crime Bill [B118-98]: discussion

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Justice and Correctional Services

02 November 1998
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Meeting report

 

JUSTICE PORTFOLIO COMMITTEE
3 November 1998
PREVENTION OF ORGANISED CRIME BILL [B118-98]: DISCUSSION

Documents handed out:
Prevention of Organised Crime Bill (Fourth draft) [ORG 51]
Prevention of Organised Crime Bill (Fourth draft) [ORG 51]
Prevention of Organised Crime Bill (Fourth draft) [ORG 51]

SUMMARY
The committee looked at the different options for the definition of "pattern of racketeering activity" in Clause 1(xii), as well as the different options for gang-related offences in Clause 12(1) and the definition of "criminal gang" in Clause 1(1)(iii) of the Bill.

DETAILED MINUTES
The various options for the definition of "pattern of racketeering activity" (as they appear in Clause 1(xii) of the fourth draft of the Bill) were considered.

Mr Nel, the law advisor , was asked to draft carefully Option 2 and Option 4 with slight amendments.

The committee looked at the crimes outlined in Chapter 4 (Offences relating to criminal gang activities). The four options for Clause 12 (1) (a) were considered. Option 4 (the Iowa Code) was chosen which requires a person to belong to or actively participate in a gang and to aid and abet criminal activity but does not does not require proof of knowledge.

The alternative for Clause 12 (1) (b) was chosen for the time being but with the removal of the phrase "by criminal gangs". Paragraph (b) deals with non-gang members.

Option 1 was chosen for paragraph (c) which captures threats in general.

The Chairperson phrased a further paragraph to capture threats, nicknamed the ‘Staggie clause’, which will now become (d):
any person who "actively participates in or is a member of a criminal gang and who threatens to commit, bring about or perform any act or any possible act of violence or to retaliate in any manner or by any means to any act or alleged act of violence in respect of any specific person or any person in general."

Option 1 was chosen for the current paragraph (d) which is the flipside of (b) and involves conspiracy by a person to get a non-gang member to participate in criminal gang activity. Paragraph (d) will now become (f).

Option 2 was chosen for the paragraph (e) which ensures that a person does not need to be a member of a gang to be guilty of the offence of causing people to join a criminal gang.

The committee then deliberated at length on the definition of "criminal gang" of Clause 1 (1) (iii) for which five options had been provided. no decision had been reached by the time the monitor left at 5pm. Deliberations continued until 7.30pm.

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