Human Rights, Serious Crime and Criminal Procedure - College of ...

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Taking a "Balanced" View of the Public InterestProceeds of Crime Bill has been found by the Joint Committeeon Human Rights to contain provisions which will probably beheld to be incompatible with Convention rights under Articles 6,7 and 8 20 : even if the Committee's predictions are not borne outby subsequent judicial decisions, the Bill stands as anotherexample of the Government sailing as close to the wind aspossible, rather than promoting the spirit of the Convention.The question of organised crime is a difficult one. There isunmistakable evidence of criminal organisations at work:we should view organised crime as a cultural phenomenon ratherthan as a police problem; the local and particular manifestation ofcriminal collaborations, territorially rooted in multiple indicators ofdisadvantage, sensitive to markets yet informed by precedent. 21This depiction of organised crime as an outgrowth of povertyand the self-protection of the oppressed is a frequent theme, asare both the predominantly local nature of organised crime andits adaptability to the prized commodities of the day. Althoughorganised crime clearly exists, there is an incentive for some toexaggerate its extent and significance—for law enforcementagencies to do so in order to obtain greater powers andresources, and for governments to do so in order to bolster theirpopularity by being seen to oppose obviously evil forces. It isalso difficult to settle on a definition, and there are those whohave a clear interest in expanding the definition so as to includemore forms of behaviour.A review of the press statements of the National CriminalIntelligence Service (NCIS) demonstrates the tone of manyofficial declarations. The definition of organised crime adoptedby NCIS has four elements: it applies to criminal groups:i. which contain at least three people;ii. whose criminal activity is prolonged or indefinite;iii. where criminals are motivated by profit or power;iv. where serious criminal offences are being committed. 22The most significant current threats from organised crime aresaid to fall into seven fields, which NCIS describes thus:Class A drugs (particularly heroin, cocaine and Ecstasy)Organised Immigration CrimeFraud (particularly revenue fraud)Cross-Sector Criminal Activity100
Taking a "Balanced" View of the Public InterestMoney LaunderingPaedophile Crime (including on-line child abuse)Hi-tech crime (particularly Internet crime).NCIS is also keen to point out that the activities of organisedcriminals are not confined to inner city areas. Although thisdoes not argue against the criminological view that organisedcrime arises out of the poorer areas, it is intended as a warningto the middle classes:Let us be quite clear. Serious and organised crime is not merely'someone else's problem/ a murky business that takes place only inthe inner cities. It affects everyone in this country and its effects canbe seen everywhere you go. Counterfeit currency in busy pubs;counterfeit goods sold on trestle tables in high streets; child pornographyand advanced fee. frauds on the Internet; and Class Adrugs at teenage discos. 23There is not enough available evidence to judge whether assertionsof this kind minimise or exaggerate the extent of theproblems. What is significant in the present context is that theyare presented in a way that is designed to heighten publicawareness (fear), and to convey the impression that, if only thelaw enforcement agencies are given the powers with which totackle organised crime, then there will be significant advances incontrolling it. Indeed, the link is clear when a passage from aprevious NCIS press release on the Regulation of InvestigatoryPowers Act is considered:The criminal fraternity always exploits developing technology andorganised criminals are already using internet technology to increasethe already substantial profits from their criminality. All we areseeking is modern tools to do a modern job. 24The argument in favour of extended (or "modernised") 25powers may or may not be well founded. The key issue here iswhether the human rights of persons targeted by the measuresare adequately safeguarded.Thus, nothing here suggests that some threats from organisedcrime ought not to be taken very seriously, and that thereshould not be domestic and international initiatives against it.What Jean Pradel has described as the "angelical" liberalapproach of ignoring the phenomenon is not to be commended,but neither is the approach of "making an absolute priority ofthe fight against organised crime, without regard toprinciples." 26 The middle way is to devise strategies which may101
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THEKAMLYNHuman Rights, Serious Crim
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TABLE OF CONTENTSAcknowledgementsCo
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The Hamlyn Lectures1961 British Jus
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The Hamlyn Lectures1989 Protection
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The Hamlyn TrustProfessor N. Dawson
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Table of CasesBrown (Margaret) v. S
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Table of CasesLooseley [2001] UKHL
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Table of CasesVan Mechelen v. Nethe
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Why bother with Rights when Public
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Why bother with Rights ivhen Public
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Page 164 and 165: IndexCriminal Justice and Police Ac
Page 166 and 167: IndexFair trial rights—cont.curta
Page 168 and 169: IndexPublic interest—cont.fundame
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Does the United Kingdom StillHave a
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