Friday, March 29, 2019
Organised Crime Affecting The United Kingdom Essay
nonionic Crime Affecting The United terra firma EssayIn b alone club to assess the extent to which nonionic curse is affecting the UK mavin must initiative try to define the confines itself. A recent definition by Interpol describes it as Any multitude having a corporate structure whose primary objective is to obtain bullion through abominable activities, often surviving on fear and rotting1. UK based SOCA app bently states that nonionic offence covers a precise extensive align of activity and individuals involved in a consequence of offense sectors. The close damaging sectors to the UK be judged to be trafficking of Class A drugs, unionised immigration crime and fraud. In addition, there is a wide range of other threats, including high-tech crime, counterfeiting, the sociable function of firearms by dear crooks, skilful robbery, arrange vehicle crime, cultural property crime and others.2There ar legion(predicate) terms brandished intimately for nonio nised crime and it is trying to come up with one definition, therefore, this makes it difficult to similarly assess what is macrocosm taked as faraway as the UK in concerned.As the SOCA definition above salutes there argon more different types of crimes which stooge be called nonionised crime so therefore in order to assess of how there being tackled one will choose to assess them individually, for the purposes of this essay one will commission on Trafficking i.e. drugs and how bullion clean is being dealt with in the UK as a big part of organised crime are its harvest-time. organise crime generates a long income and as crime becomes more sphericised and so taxation generated from it increases more and more every day. Profits are usually in the form of cash so therefore need to be masked in a way to blend into the banking system. The ultimate aim of the capital launder is to get the harvesting of the crime into the financial world legitimately, so the shep herds crooks tidy sum benefit from it and not get caught. The process is long and perplex as the cash has to moved several times in order to cover its tracks. Different r emergees the money might take are being transferred in between various different accounts and through front companies which are set up to disguise the illegitimate profits in a legal business form, this process is repeated m whatever times until the abominables can extract their profits legitimately. There are three stages to money laundering, maidenly placement, whereby the illegitimate profit is put into the banking system, followed by layering, where the cash is passed through many different areas in order to perplex its origins, and the final step is integration, where the cash is put through legitimate companies and accounts. Money laundering in the UK is a criminal offence, and as much(prenominal)(prenominal)(prenominal), any person involved in any k instantlyn or suspected money laundering activity ris ks a criminal conviction carrying a jail term of up to 14 forms. It is significant that exclusivelyton up innocent involvement on the part of professionals such as bankers and lawyers can provoke a criminal charge.Money laundering is an offence covered by many different parts of rule United Kingdom and can be found in statutes such as the Criminal Justice stage 1988 (as amended), and the Terrorism Act 2000 (as amended). The intimately significant change made by these two pieces of statute is that they employ two new obligations to shape Suspicious Transaction Reports. The legislation, then, increases the responsibility on professionals dealing with big financial business of any kind to be cautious in detecting suspicious transactions, and this in effect helps view criminals when such occasions do arise, so, in essence, this is an congressman of the UK favoredly applianceing legislation in order to tackle organised crime . This attack on money laundering is huge part of tackling organised crime as it is suggested that the economic and social impact of organised crime in the UK is amazing and statistics show that global profits from people smuggling are estimated to be $10 billion annually, 280,000 problem drug users cause half of all crime, every 1 spent on heroin is estimated to generate about 4 of damage to the national economy and there are most 400 organised crime bosses in the UK with an amassed criminal wealth of some 440 million.3The economic and social cost of organised crime is estimated to be in the region of 20 to 40 billion per year.The role of recovering criminal assets fell upon the Assets Recovery Agency which was set up under the restoration of Crime act 2002 and played an important part in the governments plans to apprehend the profit out of crime, and separate and prevent the criminal organizations from continuing with their activities by removing the money which motivates their activities and their major source of income4Th e Assets Recovery Agency had three strategical aims to disrupt organised criminal enterprises through the recovery of criminal assets, thereby alleviating the effect of crime on communities, to promote the use of financial investigation as an integral part of criminal investigation, within and outside the Agency, domestically and internationally, through training and continuing professional development and to operate the internal representation in accordance with its vision and values.5The UK is a founding member of the monetary Action Task Force (FATF), established in 1989 to develop global measures to prevent money laundering. The FATF has 40 recommendations, engineered to combat money laundering and create the best resources to do so internationally. UK money laundering experts regularly inscribe in FATF mutual evaluations of its members, showing that the UKs initiatives against money laundering are crocked as not only are they tackling the fuck internally solely are looki ng at the international impact money laundering has.On the 1st April 2008 the Assets Recovery Agency merged with the Serious Organised Crime Agency. Commenting on the nuclear fusion Hughes, of SOCA said we are gaining important skills and expertness with the arrival of Assets Recovery Agency staff and we welcome them into SOCA. Now that the merger has taken place we will get on with the job that sevens want us to do, namely depriving crooks of their ill-gotten gains6. In keep up of this the star sign Office minister Coaker said that assets recovery is critical in the advertize against all levels of crime and we are inflexible to stop criminals profiting from crimes which affect the lives of observing majority.7Adding to this Goggins, said this merger will strengthen the fight against crime in Northern Ireland as it combines the intelligence information expertise of SOCA with the hands-on practical generate of ARA. This combination will make the recovery of assets even more sound and strengthen our fight against those who profit from organised crime.8This important merger highlights the go in the UK lose taken to try to successfully tackle aspects of organised crime, by merging unneurotic these two fundamental laws it showed that the UK has acknowledged the fact the money laundering linked with organised crime is a very well(p) burn that needs to be dealt with.A further offence as introduced in the Drug Trafficking Act 1994 and the Terrorism Act 2000 which states the offence of unsuccessful person to report. This occurs where the person suspects that another person is involved in laundering the proceeds of drug trafficking or terrorism, and fails to report it. In the case of the Terrorism Act 2000, this offence is freeened to those who have reasonable grounds for knowing or suspecting. These statutory offences have amplified the range of money laundering offences within the UK legislation, and have alike en giantd the mandatory degree of vigila nce on financial professionals. By increasing the legislation to include those or whitethorn not even be involved directly in the crime or its proceeds it eliminates any sort chains there may in a particular organised crime groups structure. This offence highlighted is very similar to offences place out in the USs Racketeer Influenced and Corrupt Organizations (RICO) whereby prosecutors could arrest group leadership based on the activities of those who takeed with them. This shows another way in which the Uk is successfully exhausting to tackle the issue by looking at all aspects of weakening organised crime.Overall the legislation on tackling money laundering is effective, with agencies such as SOCA recognising its importance Money is at the heart of all organised crime. The lifestyle and status it influences are the main motivation for most criminals.9. SOCA states that it is determined to condition that criminals cant enjoy their profits10. According to the report release d by SOCA 2009/10 317.5 million was seized from organised crimes groups in the UK. A recent example of SOCA in action in April 2011 where SOCA was granted the Confiscation Order in Leeds Crown Court for 933,422 against Paul Anthony Romano Morgan from Leeds11, this is a significant achievement for the UK in tackling the issue of organised crime.In order for the UK to continue being protect the effects of money laundering, authorities, however, must work stronger at identifying criminals that are still accessing the financial system. Only by exploitation more advanced system will criminals and money launderers become more hesitant. professor Bill Gilmore tell for the first time, to take co-ordinated and effective worldwide action to undermine the financial power of drug trafficking networks and other criminal organisations, is now in smoke if not, as yet, fully within our reach.12Highlighting there is still way for the UK to improve to completely eradicate organised crime.One of the most lumbering of activities undertaken by organised crimes groups is the trafficking of illegal narcotics. The drug trade has the capability to pass across all aspects of society and can threaten the social, political and economic gage of any nation, so it is not surprising that it is becoming an increasing issue in the UK.The impact of the drug trade may not inevitably be the most threatening to social security, but it is probably the most threatening to the people of the country. The problems with drug trafficking are not simply mattered of criminal activities taking place but what the drugs trafficked into the country are causing, such as addiction and furthermore diseases being spread through improper use and then furthermore the crime associated with drug abuse as more and more people depends on these trafficked narcotics. McFarlane points to another interesting threat which may emerge from an increase in crime Furthermore, with increasing crime, a step down press an d civil rights tend to be ignored both by the criminals and by the hard-pressed law enforcement agencies.13The threat that drug trafficking brings is potentially very large and is affecting the economic stability of the UK and therefore has become a focus of major law enforcement to tackle and one will now review on whether attempts to combat drug trafficking have been successful.The Serious Organised Crime Organisation (SOCA), takes a role in the gathering of development about major drug syndicates that control the UK drug trafficking scene. Created in 2007, SOCA is trusty for the collection, analysis, research and dissemination of intelligence relating to major criminals involved in serious crime, including the distribution and trafficking of drugs.14And in the yearly SOCA Plan 2010/2011 they mention that Class A drugs, poses the greatest single threat15showing that they realise that it is a serious target to be dealt with. SOCA has been working heavily on tackling drug traffick ing with a recent case in again in April 2011 highlighting the beget and trial of one of SOCAs most-wanted, Edward Morton, who went on the run for more than three years,and has been sentenced to 24 years in prison for his part in a organised crime group which trafficked illegal narcotics worth millions of pounds into the UK. SOCAs Gerry Smyth said This operation succeeded in breaking up highly organised professional drugs trafficking gang who brought large quantities of controlled drugs onto the streets of the North East of England. Morton tried to evade justice by covert in Amsterdam. He failed. SOCA and its national and international partners are determined to bring fugitives back to the UK courts to face justice.16, this highlights SOCA and UKs enthusiasm on working with international organisation to tackle the problem, which is a positive factor as most drugs are trafficked into the country so therefore it is not enough to tackle the issue internally and from this case we can see the UK has picked up on this and is using this to tackle organised crime successfully.Important organisations that help deal with the international aspect of the problem is HM Customs and Excise National investigation Service. There are two principal aspects of Customs control for drugs. The first is preventive control at ports and airports and through coastal surveillance. The second is specializer investigations based on information and intelligence gathered from various sources at home and overseas, designed to anticipate and intercept consignments of drugs and arrest the organisers of smuggling attempts.17With this work continuing it will add the to work with other agencies such as SOCA to deter drug traffickers in the UK. However one may beak that the HM customs side of operations does need substantial expediency if today the figure of the profits of drugs being trafficked into the country remains at a staggering 4-6.6 billion a year, this emphasises aspects of the UK op erations that needs to be improved in order to tackle organised crime successfully.In fulfilling its aims, the UK works as a partner or member in a number of leading international organisations, The UK is part of United Nations world(prenominal) Drug Control Programme (UNDCP), formed in 1991, which acts as the central point in the United Nations for international support and battle against drugs.The UK is too an active member of the Dublin Group, which merges the EU and other countries to bring together individual country policies and give assistance to source country of the illegal narcotics. Many actions have been implemented throughout local Dublin Groups to ensure more commitment from national governments in assisting producer countries but also assistance from the actual source countries themselves in order to successfully tackle organised crime.In particular, the UK plays an important role in the 1988 UN Drugs Convention, which provides a broad framework for intercontinenta l cooperation against drug trafficking. The UK ratified the Convention in June 1991, extending it to UK helpless Territories.The UK participates in the G8 Group on Transnational Organised Crime (TOC) chase the G7/8 Halifax Summit in 1995. The groups objective was to recognise gaps in intercontinental cooperation against TOC and put antecedent realistic actions for improvement. All of these movements and actions were taken by the UK show their intent on successfully tackling drug trafficking and in essence organised crime as they have again acknowledged that the problem is not entirely internal and international aid needed to be address as most organised crime groups have a non-British ethnicity and in order to administer actions against them and to deter them in it important that the UK seek support of source countries and on reflection it seems that they have done this successfully.There are other arguments that state that the UK cannot tackle the issue of drug trafficking alone simply but regret the source or even the supply, some may argue that present legislation needs to be revisited and weaknesses in it need to be addressed, Steve Rolles of Transform Drug Policy said When prohibition of something collides with huge demand for it, you just create an economic opportunity and illegal criminal entrepreneurs will inevitably exploit the opportunity that it creates18Lord Mancroft agreed by stating We have controlled drugs in this country but you only have to mountain pass a mile of this palace to realise that the controls do not work, because anyplace on the streets of London you can buy any of these drugs The way forward is a range somewhere from the way we control alcohol or indeed the most touch-and-go object in our everyday lives, the motorcar. If you go outside in the street and step in front of a moving motor car you will find out how dangerous it is, so what do we do? We do not prohibit it. We clear the vehicle, we license the users, we made them p ass a test, we make them have policy so if they damage anybody they have to pay up, we tell them how fast they can use it, on which side of the road. That is control.19However to argue in save of what is already being done and its benefits and arguing against controlling drugs trade Professor Strang of the National Addiction Centre told states, There is no question that the illegality of a substance is a major deterrent to its useone would have to presume that if legal constraints were taken away the level of use would nigh certainly increase20, these two arguments highlight different approaches the UK can implement the second being what is being actioned now, however despite how drastic the first argument that Rolles and Mancroft mat be one may have to run into its possible effectiveness in aiding the UKs campaign in tackling organised crime, by eliminating the opportunity for organised crime groups.To conclude is seems on a all the UK is successfully trying to tackle organised crime, but there are some hole so to speak and from looking at SOCA Annual report 2010/11 one can see that the UKs weakness when it comes to tackling organised crime is its intellect of the inner workings of an organised crime group, Organised crime is identified in the National Security Strategy as a major threat to the UK. Broad estimates value the economic and social costs to the UK, including the costs of combating it, at between 20 billion and 40 billion a year. Whilst the understanding of organised crime is becoming clearer year on year, there are however still gaps. To be successful in reducing the harm caused by organised crime it is of the essence(p) that trials to combat it are well-directed. This requires investment in developing knowledge and understanding of the threats and of those responsible for them. The harm to the UK comes in particular from a large number of individuals and groups operating in tactically astute ways, in response to this the UK has recognize that it needs to improve and will do so by rescue together a wide range of departments and agencies, each with specialist skills and powers21but whether or not this proves to be successful is yet to be seen. However, in 2010, the Home Office published an evaluation named Drugs Value for Money Review. It pointed out that there was a lack of factual data being accumulate by the government on the effectiveness of its drug policy against the trafficking of drugs it tell that policies to reduce the availability of drugs produced the greatest analytical challenge. The absence of robust and recognised measures of success, combined with a limited base of research evidence, makes it particularly difficult to draw conclusions about supply-side policy.22, so this reiterates the point that in order for the UK to successfully tackle organised crime it needs to put more effort into its research in order to create a higher intelligence to what they are actually trying to tackle.
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