New laws psychopaths would be proud of *

Wise Up Journal
02.07.2009
By Benjamin Smith-Kavanagh

This new bill in Ireland is something the “highest” psychopath would be proud of. It redefines what a gang is and makes helping someone in a “gang” in any way a crime you can be imprisoned for. Articles of this law are shown below. By redefining important words it states a criminal gang is a group of 3 or more people who might carry out an activity and you can be imprisoned for an offence that is not an offence, even if the group don’t commit that activity. Would you call being imprisoned for not committing an offence psychopathic? Like a good psychopathic piece of legislation it says “any activity (whether constituting an offence or not)”.

RTE: “Those who help criminal gangs also face up to 15 years in prison even if the gang never get to commit the crime they were helped with. Minister Ahern said the legislation will be rushed through the Dáil. He hopes it will be on the statute books by Friday week.”

Individuals deemed by the court to have given “guidance” “at any level” to a group planning “activities” face “life or a lesser term of imprisonment.” Those activities are defined as: “activities that do not constitute an offence or offences.”

No Jury would allow such a thing, right? That has been taken care of too. Irish Times: “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.”

Political groups like Shell to Sea in Mayo and others can be deemed a criminal-gang under these laws and people helping one of their individuals “at any level” with a non-offence can be charged under these laws. Justice for the 1st century or the 21st century?

The Bill’s text from the legislator’s website:

http://www.oireachtas.ie/viewdoc.asp?DocID=12289PART 2

Organised Crime

3.—(1) Section 70(1) of the Act of 2006 is amended—

(a) by substituting the following for the definition of “criminal organisation”:

“‘criminal organisation’ means a structured group, however organised, that has as its main purpose or activity the commission or facilitation of a serious offence;”, and

(b) by substituting the following for the definition of “structured group”:

‘structured group’ means a group of 3 or more persons, which is not randomly formed for the immediate commission of a single offence, and the involvement in which by 2 or more of those persons is with a view to their acting in concert in relation to the commission of an offence; for the avoidance of doubt, a structured group may exist notwithstanding the absence of all or any of the following:

(a) formal rules or formal membership, or any formal roles for those involved in the group;

(b) any hierarchical or leadership structure;

(c) continuity of involvement by persons in the group.”.

5.—The Act of 2006 is amended by inserting the following section71A.—(1) In this section—

5 (a) ‘directs’, in relation to activities, means

(i) controls or supervises the activities,

or

(ii) gives an order, instruction or guidance, or makes a request, with respect to the carrying on of the activities;

(b) references to activities include references to—

(i) activities carried on outside the State, and

(ii) activities that do not constitute an offence or offences.

(2) A person who directs, at any level of the organisation’s structure, the activities of a criminal organisation is guilty of an offence and shall be liable on conviction on indictment to imprisonment for life or a lesser term of imprisonment.

(5)

(i) the giving, at the time concerned, of an instruction, order or guidance by the defendant to any person involved in the organisation,

6.—The Act of 2006 is amended by substituting the following

section for section 72:

72.—(1) A person is guilty of an offence if, with knowledge of the existence of the organisation referred to in this subsection, the person participates in or contributes to any activity (whether constituting an offence or not)—

(2) A person guilty of an offence under this section shall be liable on conviction on indictment to a fine or imprisonment for a term not exceeding 15 years or both.

____________

Part 4 deals with detention. Currently the Garda/police can detain someone for seven days without charge. With this bill if after six days of being detained the Garda can accuse you of another crime while being detained for being accused of the original crime and detain you for another seven days without charge and this can be continued for as long as the Garda likes.

PART 4

Amendments concerning detention and re-arrest powers

20.—(1) Section 30 of the Act of 1939 is amended—

(a) by inserting the following subsection after subsection (3):

“(3A) If at any time during the detention of a person pursuant to this section a member of the Garda Sı´ocha´ na, with reasonable cause, suspects that person of having committed an offence (the ‘other offence’) referred to in subsection

(1) of this section, being an offence other than the 40 offence to which the detention relates, and—

(a) the member of the Garda Sı´ocha´na then in charge of the Garda Sı´ocha´na station, or

(b) in case the person is being detained in a place of detention, other than a Garda Sıochana station, an officer of the Garda Sıochana not below the rank of inspector who is not investigating the offence to which the detention relates or the other offence, has reasonable grounds for believing that the continued detention of the person is necessary for the proper investigation of the other offence, the person may continue to be detained in relation to the other offence as if that offence was the offence for which the person was originally detained, but nothing in this subsection authorises the detention of the person for the other offence for any period longer than that which is authorised by or under the other provisions of this section.

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