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The Disruption of
International Organised Crime
An Analysis of Legal and Non-Legal Strategies
Series: International and Comparative Criminal Justice
Author: Angela Veng Mei Leong
Publication Date: Dec 2007
Publisher's Title Information
Analysing the structures of transnational organized crime, this book considers whether traditional mechanisms and national jurisdictions can tackle this increasing menace. Highlighting the strengths and weaknesses in the present methods of control, the book discusses the possibilities of developing more effective national and international strategies; the creation of non-legal mechanisms outside the traditional criminal justice system and the implications of 'disruption strategies'. The roles of law enforcement officers, tax investigators, financial intelligence officers, compliance officers, lawyers and accountants - in enforcing both civil and criminal sanctions on organized crime - are also considered.
Foreword, Barry AK Rider; Preface; Introduction; Organised crime: definition and theoretical analysis; Criminal finance: money laundering and terrorist financing; Traditional law enforcement response to organised crime; Traditional legal response to organised crime; Controlling organised crime: the traditional criminal justice system; Controlling organised crime: the new perspectives; Legal implications and efficacy of 'disruption strategies'; Conclusions and policy implications: the way forward; Bibliography; Index.
Dr Angela V M Leong, formerly a Researcher for the Treasury Select Committee, House of Commons and an Accredited Financial Investigator for the Assets Recovery Agency, is a frequent speaker on subjects relating to organised crime, money laundering, terrorist financing, economic and financial crime, civil recovery and confiscation legislation. She writes regularly for the Journal of Financial Crime, Journal of Money Laundering Control, The Company Lawyer and other publications. She is currently a Consultant to the European Commission AGIS Project on Organised Crime Infiltration and Insider Fraud. She is also an Associate Research Fellow at the Institute of Advanced Legal Studies, University of London; an Associate Fellow of the Centre for Criminology at the University of Hong Kong; an International Expert for the Hong Kong Civil Forfeiture Research Project funded by the Central Policy Unit of the Government of the Hong Kong Special Administrative Region; a Fellow and Adviser for the International Compliance Association; a Secretariat for the Cambridge International Symposium on Economic Crime at Jesus College, University of Cambridge, and a Member of the Institute of Professional Investigators.
From the Preface
The purpose and aim of this book is to examine whether the deviant structures of organised crime, which are capable of operating transnationally, can be dealt with through traditional mechanisms that work within national jurisdiction and to suggest a paradigm for effective national strategies in the context of international concern in combating serious organised crime. This book also provides a detailed and comparative study of the legal and administrative control mechanisms against organised crime and will further contribute to the current understanding of the subject.
In addition to the academic analysis, I am able to draw upon my experience as an accredited financial investigator for the Assets Recovery Agency and as a lawyer working on major corruption cases referred by the Government of China in illustrating and discussing relevant issues from a practitioner's point of view. Relevant legislation is discussed in the context of the broader institutional framework focusing on enforcement and policy issues. This book is an analysis of law and practice, and is aimed at researchers, law enforcement community, compliance officers, policy makers and regulators who have a concern with organised crime, money laundering and terrorist financing.
Collection of material for this book ceased in February 2007. Attempts have been made where possible to flag up potential future changes.
Dr Angela V M Leong 2 March 2007
Edition: HB only
Author: Edited by R I Mawby
Publication Date: Dec 2007
Publisher’s Title Information
Burglary is a high-volume crime that impacts upon the general public and, particularly, on those who are victimised. This selection of readings addresses both the nature of burglary and policies directed against it. Articles from Britain, the US and across the world, describe and explain the crime and why offenders choose to commit it and provide a critical overview of programmes that have been implemented to reduce burglary and its impact.
Introduction; Part I Burglary: Risk and Impact: Repeat victimisation: offender accounts, Julie Ashton, Imogen Brown, Barbara Senior and Ken Pease; Prospective hot-spotting: the future of crime mapping?, Kate J. Bowers, Shane D. Johnson and Ken Pease; Residential burglary in the United States: life-style and demographic factors associated with the probability of victimization, Lawrence E. Cohen and David Cantor; The rational and opportunistic burglar, Paul F. Cromwell, James N. Olsen and D'Aunn Wester Avary; The effect of criminal victimization on a household's moving decision, Laura Duggan; Ecological and behavioural influences on property victimization at home: implications for opportunity theory, James P. Lynch and David Cantor; The impact of burglary upon victims, Mike Maguire; The impact of burglary: a tale of 2 cities, R.I. Mawby and S. Walklate; Residential burglary in the Republic of Ireland: a situational perspective, C. Nee and M. Taylor; State differences in burglary victimisation in Australia: a research note, Timothy Phillips and John Walker; The time course of repeat burglary victimisation, Natalie Polvi, Terah Looman, Charlie Humphries and Ken Pease; Burglary revictimisation: the time period of heightened risk, Matthew B. Robinson; Burglary victimization, perceptions of crime risk and routine activities: a multilevel analysis across Seattle neighbourhoods and census tracts, Pamela Wilcox Rountree and Kenneth C. Land; Repeat burglary victimization: spatial and temporal patterns, Michael Townsley, Ross Homel and Janet Chaseling; Property crime victimisation: the roles of individual and area influences, Alan Trickett, Denise R. Osborn and Dan Ellingworth; Commercial burglars in the Netherlands: reasoning decision-makers?, Eric Wiersma; A snowball's chance in hell: doing fieldwork with active residential burglars, Richard Wright, Scott H. Decker, Allison K. Redfern and Dietrich L. Smith; How young house burglars choose their targets, Richard Wright and Robert H. Logie. Part II Policy Response: Small business crime; the evaluation of a crime prevention initiative, Kate J. Bowers; Critically reviewing the theory and practice of secured-by-design for residential new-build housing in Britain, P.M. Cozens, T. Pascoe and D. Hillier; Solving residential burglary, Timothy Coupe and Max Griffiths; Safer cities and domestic burglary, Paul Ekblom, Ho Law and Mike Sutton; Helping the victims, Martyn J. Gay, Christopher Holton and M.S. Thomas; Police response to crime: the perceptions of victims from 2 Polish cities, R.I. Mawby, Z. Ostrihanska and D. Wojcik; House burglaries and victims, D. Nation and J. Arnott; Private cops on the block: a review of the role of private security in residential communities, Lesley Noakes; The Kirkholt project: preventing burglary on a British public housing estate, Ken Pease; The theory and research behind Neighbourhood Watch: is it a sound fear and crime reduction strategy?, Dennis P. Rosenbaum; Name index.
Robert Mawby is Professor at the School of Sociology, Politics and Law, University of Plymouth, UK.
Since this a book about burglary it makes sense to say what in this jurisdiction it is, how the law of England & Wales defines it.
Theft Act 1968, s. 9
(1) A person is guilty of burglary if-
(a) He enters any building or part of a building as a trespasser and with intent to commit any such offence as is mentioned in subsection (2) below; or
(b) Having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person therein any grievous bodily harm.
(2) The offences referred to in subsection (1)(a) above are offences of stealing anything in the building or part of a building in question, of inflicting on any person therein any grievous bodily harm, and of doing unlawful damage to the building or anything therein.
Section 9 creates two groups of offences: one of entering a building (or part of a building) as a trespasser with the requisite intent, contrary to s. 9(1)(a); the other of having entered a building (or part of a building) as a trespasser and committing a specified offence, contrary to s. 9(1)(b). In each case there are now (by s. 9(4) as amended) two offences dependent upon whether the building is or is not a dwelling.
What you should expect to see on a charge sheet is as follows, 'on or about the . . . day of . . ., having entered a dwelling [or part of a dwelling, or a building or part of a building], namely . . ., as a trespasser, stole therein [or attempted to steal therein, or inflicted grievous bodily harm upon . . . therein]'
In the Introduction we are reminded that 'Burglary, is a common crime in most industrial societies - one that evokes anxiety among the public and, particularly, its victims.
Yet in spite of this the CPS Sentencing Manual gives the following guidelines and quotes R v McInerney R v Keating  EWCA Crim 3003, Dwelling House Burglary - Use of threat of force is a high aggravating factor. First Time standard domestic burglary - starting point 18 months, Second Time starting point 3 years. Third Time - 4 ½ years (54 months). The Court of Appeal has provided the following guidelines on the starting point for sentences after trial in cases of domestic burglary by adults, the application of which will be subject to all the circumstances of the particular case.
(1) For a low level domestic burglary committed by a first-time domestic burglar (and for some second-time domestic burglars) where there is no damage to property and no property (or only property of very low value) is stolen, the starting point should be a community sentence.
(2) For a domestic burglary in which a custodial sentence of up to 18 months would otherwise have been the starting point, the initial approach of the courts should be to impose a community sentence subject to conditions that ensure an effective punishment which offers action on the part of the Probation Service to tackle the offender's criminal behaviour and, when appropriate, will tackle the offender's underlying problems such as drug addiction. The court should resort to a custodial sentence if, and only if, it is satisfied that the offender has demonstrated by his or her behaviour that community punishment is not practicable. Where a custodial sentence is necessary, it should be no longer than necessary. In the case of repeat offenders and aggravated offences, long sentences will still be necessary.
(3) In the case of a standard domestic burglary which additionally displays any one of the high-level aggravating features (ie the use or threat of force against the victim, injury to the victim, an especially traumatic effect on the victim in excess of the trauma generally associated with a standard burglary, professional planning, vandalism of the premises in excess of the damage generally associated with a standard burglary, the offence was racially aggravated and a vulnerable victim had been deliberately targeted), the starting point should be a custodial sentence of (i) 18 months if the offence has been committed by a first-time domestic burglar, (ii) 36 months if committed by a second-time domestic burglar and (iii) 54 months if committed by an offender with two or more previous convictions for domestic burglary. The presence of more than one high-level aggravating feature may bring the sentence for an offence at that level significantly above the starting points.
Explaining the 'The offence The Court of Appeal said,'Domestic burglary is, and always has been, regarded as a very serious offence. It may involve considerable loss to the victim. Even when it does not, the victim may lose possessions of particular value to him or her. To those who are insured, the receipt of financial compensation does not replace what is lost. But many victims are uninsured: because they may have fewer possessions, they are the more seriously injured by the loss of those they do have. The loss of material possessions is, however, only part (and often a minor part) of the reason why domestic burglary is a serious offence. Most people, perfectly legitimately, attach importance to the privacy and security of their own homes. That an intruder should break in or enter, for his own dishonest purposes, leaves the victim with a sense of violation and insecurity. Even where the victim is unaware, at the time, that the burglar is in the house, it can be a frightening experience to learn that a burglary has taken place; and it is all the more frightening if the victim confronts or hears the burglar. Generally speaking, it is more frightening if the victim is in the house when the burglary takes place, and if the intrusion takes place at night; but that does not mean that the offence is not serious if the victim returns to an empty house during the daytime to find that it has been burgled. The seriousness of the offence can vary almost infinitely from case to case. It may involve an impulsive act involving an object of little value (reaching through a window to take a bottle of milk, or stealing a can of petrol from an outhouse). At the other end of the spectrum it may involve a professional, planned organisation, directed at objects of high value. Or the offence may be deliberately directed at the elderly, the disabled or the sick; and it may involve burglaries of the same premises. It may sometimes be accompanied by acts of wanton vandalism. The record of the offender is of more significance in the case of domestic burglary than in the case of some other crimes. There are some professional burglars whose records show that from an early age they have behaved as predators preying on their fellow citizens, returning to their trade almost as soon as each prison sentence has been served. Such defendants must continue to receive substantial terms of imprisonment. There are, however, other domestic burglars whose activities are of a different character, and whose careers may lack any element of persistence or deliberation. They are entitled to more lenient treatment. It is common knowledge that many domestic burglars are drug addicts who burgle and steal in order to raise money to satisfy their craving for drugs. This is often an expensive craving, and it is not uncommon to learn that addicts commit a burglary, or even several burglaries, each day, often preying on houses in less affluent areas of the country. But to the victim of burglary the motivation of the burglar may well be of secondary interest. Self-induced addition cannot be relied on as mitigation. The courts will not be easily persuaded that an addicted offender is genuinely determined and able to conquer his addiction. Generally speaking domestic burglaries are the more serious if they are of occupied houses at night; if they are the result of professional planning, organisation or execution; if they are targeted at the elderly, the disabled and the sick; if there are repeated visits to the same premises; if they are committed by persistent offenders; if they are accompanied by vandalism or any wanton injury to the victim; if they are shown to have a seriously traumatic effect on the victim; if the offender operates as one of a group; if goods of high value (whether actual or sentimental) are targeted or taken; if force is used or threatened; if there is a pattern of repeat offending. It mitigates the seriousness of an offence if the offender pleads guilty, particularly if the plea is indicated at an early stage and there is hard evidence of genuine regret and remorse.'
That then is some of the law of England & Wales, however these 28 essays cover very many jurisdictions and since this book in part of the series of International library of Criminology, Criminal Justice and Penology you will as you should expect find it covers a very wide selection of readings which address both the nature of burglary and policies directed against it. There are articles from Britain, the US and across the world. The book should provide much valuable material for anyone researching this area.
For those wishing to keep their studies more focused on the Law of England and Wales another book by the same author might suffice, viz, 'Burglary' Published by Willan Publishing 2001 £16.99 paperback. See http://www.rjerrard.co.uk/law/willan/willan2.htm#burglary