Crime fighting in the twenty‐first century? A practitioner's assessment of the Serious Organised Crime and Police Act 2005

Abstract

Purpose

The purpose of the paper is to examine the Organised Crime and Police Act 2005 (the Act), in particular, the sections of the Act that establish the serious organised crime agency (SOCA) and to anticipate the effectiveness of the Act against organised and serious crime in the UK.

Design/methodology/approach

The methodology employed is to examine Parts 1 and 2 of the Act, in light of the response of concerned professionals to the Act's passage through Parliament, concerns expressed both in the press and in legal journals, and to critically examine the novel features of the Act from the perspective of a professional who has worked in this same field (organised and serious crime) in Hong Kong for more than 20 years.

Findings

The Act is to be welcomed, in particular, gathering the investigative and intelligence functions of the police, customs and immigration service in one body SOCA, an elite limit to assist other UK police forces and law enforcement agencies. The introduction of statutory mechanisms to promote the co‐operation of defendants as potential witnesses is also to be welcomed. However, it is feared that the investigative powers created will be ineffective as the judiciary are not directly involved and the powers that are given to SOCA will be easily evaded by ruthless or experienced criminals.

Originality/value

It is hoped, the paper will promote interest in SOCA when it is “rolled out” operationally in April 2006. It is also hoped that SOCA will be appreciated from the outset as only a half‐hearted adoption of the US organised crime “model”. The UK has decided not to use telephone taps as a source of evidence, nor has it granted effective investigative powers to SOCA. Furthermore, there has been no comprehensive clean‐up of the present confusion of objectives that is so obvious in the sentencing policy as it concerns offenders who commit serious crime or are involved in organised criminal behaviour in the UK.

Citation

Fitzpatrick, D. (2006), "Crime fighting in the twenty‐first century? A practitioner's assessment of the Serious Organised Crime and Police Act 2005", Journal of Money Laundering Control, Vol. 9 No. 2, pp. 129-140. https://doi.org/10.1108/13685200610660952