Organised Crime Act 630 KC

Organised Crime Act 630 KC

Kingdom of Stormwind

A. R. Selwood

An Act to make provision about organised crime, the preservation of order and the prosecution of certain offences; the powers and duties of law enforcement; the powers of the courts to authorise further custody of suspected offenders; and for connected purposes.

[11th of May, 630 KC]

Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Council of the King’s Royal Court, in this present Parliament assembled, and by the authority of the same, as follows:—

Part I Introductory

s1. Organised Crime: Interpretation

1. For the purposes of this Act, organised crime is defined as a group that—
   1. has as its purpose, or as one of its purposes, the carrying on of criminal activities, and
   2. consists of three or more persons who act, or agree to act, together to further that purpose.

Part II Proscription and Deproscription of Organisations

s2. Proscription

1. For the purposes of this Act an organisation is proscribed if—
   1. It is listed in the Schedule of Proscribed Organisations of this Act (hereinafter Schedule 1), or
   2. it operates under the same name as an organisation listed in the Schedule
2. The Crown Prosecution Service of the Office of Justice may by order
   1. Add an organisation to Schedule 1.
   2. Remove an organisation from Schedule 1.
   3. Amend Schedule 1 in some other way.
3. The Crown Prosecution Service may exercise its power under subsection (2)(a) in respect of an organisation only if there is reason to believe that it is concerned in organised crime.
4. For the purposes of subsection (3) an organisation is concerned in organised crime if it—
   1. Commits or participates in acts of organised crime,
   2. Prepares for organised crime,
   3. Promotes or encourages organised crime,
   4. Is otherwise concerned in organised crime.
5. Where the Crown Prosecution Service believes—
   1. that an organisation listed in Schedule 1 is operating wholly or partly under a name that is not specified in Schedule 1 (whether as well as or instead of under the specified name); or
   2. that an organisation that is operating under a name that is not so specified is otherwise for all practical purposes the same as an organisation so listed,
   3. it may, by order, provide that the name that is not specified in that Schedule is to be treated as another name for the listed organisation.
6. Where an order under subsection (5) provides for a name to be treated as another name for an organisation, this Act shall have effect in relation to acts occurring while—
   1. the order is in force, and
   2. the organisation continues to be listed in Schedule 1, as if the organisation were listed in that Schedule under the other name, as well as under the name specified in Schedule 1.
7. The Crown Prosecution Service may at any time by order revoke an order under subsection (5) or otherwise provide for a name specified in such an order to cease to be treated as a name for a particular organisation.
8. Nothing in subsections (5) to (7) prevents any liability from being established in any proceedings by proof that an organisation is the same as an organisation listed in Schedule 1, even though it is or was operating under a name specified neither in Schedule 1 nor in an order under subsection (5).

s3. Deproscription

1. A proscribed organisation or any person affected by the organisation’s proscription (or by the treatment of the name as a name for the organisation) may make an application to the Crown Prosecution Service for an order under subsections (s2)(2) or (s2)(5) to be repealed,—
   1. Removing an organisation from Schedule 1; or
   2. Providing for a name to cease to be treated as a name for an organisation listed in Schedule 1.
2. The Office of Justice shall make regulations prescribing the procedure for applications under subsection (1). The regulations shall, in particular—
   1. Require the Crown Prosecution Service to determine an application within a specified period of time, and
   2. Require an application to state the grounds on which it is made.
3. Where an application under subsection (1) has been refused, the applicant may appeal to the Crown Court.
4. The Crown Court shall allow an appeal against a refusal to deproscribe an organisation or to provide for a name to cease to be treated as a name for an organisation if it considers that the decision to refuse was flawed when considered in the light of the principles applicable on an application for judicial review as outlined in section (s2).

Part III Offences Relating to Proscribed Organisations

s4. Membership

1. A person is guilty of the offence of Membership in a Proscribed Organisation if they belong or profess to belong to a proscribed organisation.
2. It is a defence for a person charged with an offence under subsection (1) to prove—
   1. that the organisation was not proscribed on the last (or only) occasion on which they became a member or began to profess to be a member, and
   2. that they have not taken part in the activities of the organisation at any time while it was proscribed.
3. A person guilty of Membership in a Proscribed Organisation shall be liable on conviction on indictment—
   1. A fine not exceeding one-hundred (100) silver; or
   2. Corporal punishment not exceeding twenty-four (24) lashes; or
   3. In exceptional circumstances as defined in subsection (4), capital punishment.
4. For the purposes of subsection (3)(c), capital punishment is permitted as a sentence solely for the offence under this section in the case of members that—
   1. Belong to proscribed organisations that participate or engage in activities that—
      1. Involve serious violence against a person or crown officer, or
      2. endanger a person’s life, other than that of the person committing the action, or
      3. create a serious risk to the health or safety of the public or a section of the public.
   2. Direct, at any level, the activities of an organisation which is concerned in the commission of organised crime.

s5. Support

1. A person is guilty of the offence of Supporting a Proscribed Organisation if—
   1. They invite support for a proscribed organisation; or
   2. They express an opinion or belief:
      1. that is supportive of a proscribed organisation, and
      2. in doing so is reckless as to whether a person to whom the expression is directed will be encouraged to support a proscribed organisation.
2. A person commits an offence under this section if they arrange, manage or assist in arranging or managing a meeting which they know is—
   1. to support a proscribed organisation,
   2. to further the activities of a proscribed organisation, or
   3. to be addressed by a person who belongs or professes to belong to a proscribed organisation.
3. A person commits an offence under this section if they address a meeting and the purpose of their address is to encourage support for a proscribed organisation or to further its activities.
4. Where a person is charged with an offence under subsection (2)(c) in respect of a private meeting it is a defence for them to prove that they had no reasonable cause to believe that the address mentioned in subsection (2)(c) would support a proscribed organisation or further its activities.
5. A person commits an offence under this section if they intentionally or knowingly assist or further the goals of a proscribed organisation in the commission of its activities directly or indirectly through their actions.
6. A person in a public place commits an offence under this section if they—
   1. wear an item of clothing, or
   2. wear, carry or display an article
   3. in such a way or in such circumstances as to arouse reasonable suspicion that any of their items of clothing bear reasonable resemblance to that of the proscribed organisation.
7. In subsections (2) to (4)—
   1. “meeting” means a meeting of three or more persons, whether or not the public are admitted, and
   2. a meeting is private if the public are not admitted.
8. A person guilty of Supporting a Proscribed Organisation shall be liable on conviction on indictment—
   1. A fine not exceeding thirty (30) silver; or
   2. Corporal punishment not exceeding twelve (12) lashes.

Part IV General

s6. Powers to search and arrest

1. A constable may arrest without a warrant a person whom they reasonably suspect to have committed an offence under sections (s4) or (s5) of this Act.
2. A constable may stop and detain to search a person whom they reasonably suspect to have committed or possess evidence relevant to the commission of an offence under sections (s4) or (s5) of this Act.
3. A constable may enter and search without a warrant—
   1. Any premises or other place; or
   2. Any vessel, boat, hovercraft aircraft, or vehicle of any other description
   3. which they reasonably suspect—
      1. to harbour, have recently harboured, or belong to a person defined in subsection (2); or
      2. to contain evidence relevant to an offence under sections (s4) or (s5) of this Act.
4. A constable may give the driver of a vehicle a lawful order to stop moving or operating the vehicle in order for the constable to enforce the provisions of subsections (2) and (3).

s7. Warrants of further detention

1. A person arrested and detained under this Act, or under any other Act, shall (unless detained under any other power or charged and indicted) be released not later than—
   1. If an application under subsection (2) has not been submitted, the end of the period of 48 hours beginning with the time of their detention under this section, or
   2. If an application under subsection (2) has been submitted but has not yet been reviewed, the end of the period of 72 hours beginning with the time of their detention under this section, or
   3. The end of the period stipulated by a Warrant of Further Detention, as specified in subsections (2) to (5).
2. A Crown Prosecutor may apply to a judicial authority for the issue of a Warrant of Further Detention under this Section, which—
   1. Shall authorise the further detention of a specified person for a specified reason, and
   2. Shall state the time at which it is issued and explain the basis for the decision.
3. An application for a warrant under subsection (2) may not be heard unless—
   1. The person to whom it relates has been given a notice stating—
      1. That the application has been made,
      2. The time at which the application was made,
      3. The estimated time at which it is to be heard, and
      4. The grounds upon which further detention is sought.
   2. It was submitted within the period of 48 hours beginning with the time of the person’s detention under subsection (1).
4. The period of extended detention authorised by a warrant under subsection (2) shall not exceed a total of 120 hours beginning with the time of the person’s detention under subsection (1).
5. A judicial authority may issue a warrant under section (2) only if satisfied that—
   1. There are reasonable grounds for believing that the further detention of the person to whom the application relates is necessary, such as:
      1. To obtain relevant evidence whether by questioning them or otherwise;
      2. To preserve relevant evidence; or
      3. Pending the result of an examination or analysis of any relevant evidence.
      4. The investigation in connection with which the person is detained is being conducted diligently and expeditiously.

SCHEDULES

SCHEDULE 1 Proscribed Organisations

• The Defias Brotherhood
• The Scarlet Crusade
• Wastewander Bandits
• The Syndicate
• Felsworn
• Cult of the Damned
• The Copper Crown
• The Red Jackals
• The Browncloaks