Organised crime—core details for organisations

The following Risk & Compliance practice note provides comprehensive and up to date legal information covering:

  • Organised crime—core details for organisations
  • Participation
  • Criminal activities
  • Organised crime group
  • Knows or reasonably suspects
  • SCA 2015, POCA 2002 and anti-money laundering
  • Defences
  • Penalties
  • Concerns
  • Practical implications for organisations

Organised crime—core details for organisations

The Serious Crime Act 2015 (SCA 2015) introduced an offence of participating in the activities of an organised crime group, the aim of which is to:

  1. reduce the level of serious and organised crime affecting the UK, and

  2. send a clear message to discourage corrupt and complicit professionals and others who provide the materials, services, infrastructure, information and other support that organised crime groups need

The participation offence is committed if an individual takes part in any activities they know or reasonably suspect are criminal activities of an organised crime group, or that the person knows or reasonably suspects will help an organised crime group to carry on criminal activities.

This Practice Note explains the various elements of the offence and provides guidance on the practical implications for organisations.

Participation

Participation means taking part in any activities that the person knows or reasonably suspects:

  1. are criminal activities of an organised crime group, or

  2. will help an organised crime group to carry on criminal activities

This is very general in nature. It captures not only a person who is a member of the organised crime group but also any person who is not themselves a member of the group but who takes part in any activities which help the group to carry on criminal activities. It is this second limb that causes concerns for professionals.

The offence

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