PART 2CRIMINAL LAW

Serious organised crime

28Involvement in serious organised crime

1

A person who agrees with at least one other person to become involved in serious organised crime commits an offence.

2

Without limiting the generality of subsection (1), a person agrees to become involved in serious organised crime if the person—

a

agrees to do something (whether or not the doing of that thing would itself constitute an offence), and

b

knows or suspects, or ought reasonably to have known or suspected, that the doing of that thing will enable or further the commission of serious organised crime.

3

For the purposes of this section and sections 29 to 31—

  • “serious organised crime” means crime involving two or more persons acting together for the principal purpose of committing or conspiring to commit a serious offence or a series of serious offences,

  • “serious offence” means an indictable offence—

    1. a

      committed with the intention of obtaining a material benefit for any person, or

    2. b

      which is an act of violence committed or a threat made with the intention of obtaining such a benefit in the future, and

  • “material benefit” means a right or interest of any description in any property, whether heritable or moveable and whether corporeal or incorporeal.

4

A person guilty of an offence under subsection (1) is liable—

a

on conviction on indictment, to imprisonment for a term not exceeding 10 years or to a fine or to both,

b

on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or to both.