Justice Bill

Organised crime groups

New clause

After clause 19 insert—

‘PART 2A ORGANISED CRIME GROUPS

Organised crime groups: definitions

19A.—(1) The following definitions apply for the purposes of this Part.

(2) An “organised crime group” means a group that⁠—

1. has as its purpose, or as one of its purposes, the carrying on of criminal activities with a view to obtaining (directly or indirectly) any gain or benefit, and
2. consists of three or more persons who act, or agree to act, together to further that purpose.

3. A person participates in the criminal activities of an organised crime group if the person does an act and knows, or has reasonable cause to suspect, that⁠—
   1. the act is part of criminal activities of an organised crime group, or
   2. the act will facilitate, or is likely to facilitate, an organised crime group to carry on criminal activities.
4. Criminal activities are activities falling within subsection (5) or (6).
5. Activities fall within this subsection if⁠— (a) they are carried on in Northern Ireland, and

(b) they constitute an offence in Northern Ireland punishable on conviction on indictment with imprisonment for a term of 4 years or more.

(6) Activities fall within this subsection if⁠—

1. they are carried on in a country or territory other than Northern Ireland,
2. they constitute an offence under the law in force of the country or territory where they are carried on, and
3. they would constitute an offence in Northern Ireland of the kind mentioned in subsection (5)(b) if the activities were carried on in Northern Ireland.

7. The Department of Justice may by regulations amend the definition of criminal activities.
8. Regulations under subsection (7) may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.’

New clause

After clause 19 insert—

‘Participating in the criminal activities of an organised crime group

19B.—(1) A person who participates in the criminal activities of an organised crime group commits an offence.

(2) For a person to be guilty of an offence under this section, it is not necessary⁠—

1. for any criminal activities capable of being facilitated by the person’s act to be carried on,
2. for the person to know any of the persons who are members of the organised crime group, or
3. for all of the acts or omissions comprising participation in the group's criminal activities to be carried on in Northern Ireland (provided that at least one of them is).

(3) A person guilty of an offence under this section is liable on conviction on indictment to imprisonment for a term not exceeding 10 years or to a fine or to both.’

New clause

After clause 19 insert—

‘Directing the criminal activities of an organised crime group

19C.—(1) A person who directs the criminal activities of an organised crime group commits an offence.

(2) For this purpose, a person directs the criminal activities of an organised crime group if the person⁠—

(a) participates in the criminal activities of an organised crime group, and (b) does so by directing criminal activities of the group, at any level.

(3) Directing criminal activities of an organised crime group includes⁠—

1. instructing one or more persons to participate in the criminal activities of an organised crime group;
2. controlling one or more persons participating in the criminal activities of an organised crime group.

(4) In subsection (3)(a), “instructing” includes threatening another person and any other means of putting pressure on the other person.

(5) For a person to be guilty of an offence under this section it is not necessary⁠—

1. for any criminal activities capable of being directed by the person’s act to be carried on,
2. for the person to know any of the persons who are members of the organised crime group, or
3. for all of the acts or omissions comprising participation in the group's criminal activities to be carried on in Northern Ireland (provided that at least one of them is).

(6) A person guilty of an offence under this section is liable on conviction on indictment to imprisonment for a term not exceeding 14 years or to a fine or to both.’

New clause

After clause 19 insert—

‘Organised crime groups: amendments

19D. Schedule 5 makes further amendments relating to the offences of participating in the criminal activities of an organised crime group and directing the criminal activities of an organised crime group.’

New Schedule  

After Schedule 4 insert—

‘SCHEDULE 5

Section 19D.

ORGANISED CRIME GROUPS: AMENDMENTS

Criminal Justice and Public Order Act 1994

1. In Part 3 of Schedule 7A to the Criminal Justice and Public Order Act 1994 (cross-border powers of arrest: Northern Ireland offences), after paragraph 68 insert⁠—

“69. An offence under either of the following provisions of the Justice Act (Northern

Ireland) 2025⁠—

1. 1. section 19B (participating in the criminal activities of an organised crime group);
   2. section 19C (directing the criminal activities of an organised crime group).”.

Proceeds of Crime Act 2002

2. In Schedule 5 to the Proceeds of Crime Act 2002 (lifestyle offences: Northern Ireland) after paragraph 9A insert⁠—

“Organised crime

9B. An offence under either of the following provisions of the Justice Act

(Northern Ireland) 2025⁠—

1. section 19B (participating in the criminal activities of an organised crime group);
2. section 19C (directing the criminal activities of an organised crime group).”.

Serious Crime Act 2007

3.—(1) The Serious Crime Act 2007 is amended as follows.

2. In Part 2 of Schedule 1 (serious offences in Northern Ireland), after paragraph 29A insert⁠—

“Organised crime

29B An offence under either of the following provisions of the Justice Act (Northern Ireland) 2025⁠—

2. 1. section 19B (participating in the criminal activities of an organised crime group);
   2. section 19C (directing the criminal activities of an organised crime group).”.
3. In Part 4 of Schedule 3 (offences under particular enactments: Northern Ireland), after paragraph 49 insert⁠—

“Organised crime

49A An offence under either of the following provisions of the Justice Act

(Northern Ireland) 2025⁠—

1. section 19B (participating in the criminal activities of an organised crime group);
2. section 19C (directing the criminal activities of an organised crime group).”.

Criminal Justice (Northern Ireland) Order 2008

4. In Schedule 1 to the Criminal Justice (Northern Ireland) Order 2008 (serious offences), after paragraph 31B insert⁠—

“Justice Act (Northern Ireland) 2025

31C. An offence under either of the following provisions of the Justice Act

(Northern Ireland) 2025⁠—

1. section 19B (participating in the criminal activities of an organised crime group);
2. section 19C (directing the criminal activities of an organised crime group).”.

Procurement Act 2023

5. In Schedule 6 to the Procurement Act 2023 (mandatory exclusion grounds), after paragraph 28 insert⁠—

“28A. An offence under either of the following provisions of the Justice Act (Northern

Ireland) 2025⁠—

(a) section 19B (participating in the criminal activities of an organised crime group);

(a) section 19C (directing the criminal activities of an organised crime group).”.’

 Long Title

After ‘detention;’ insert ‘to make provision about involvement in organised crime groups;’