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Home Office seeks Control Orders for ordinary criminals and companies on the periphery of organised crime and even more Data Mining and Data Sharing

The Home Office has published Yet Another Public Consultation Demanding Even More Police Powers.

This time it is called "New Powers Against Organised and Financial Crime" (1Mb .pdf, 51 pages)

Thankfully, unlike other recent Home Office Consultations, this one, at least, uses standard Arial fonts in the .pdf file.

The Public Consultation ends on October 17th 2006

The Serious Organised Crime Agency and the Assets Recovery Agency have not yet been going for long enough to determine whether they are working as planned , or are Yet Another Home Office Disaster.

What possible, quantitative case is there that numerous criminals are not already being dealt with by these agencies, and that the only way forward is for even more legal powers, which sacrifce the civil liberties and privacy and security of the vast majority of innocent people ?

See also this BBC report

Some obvious worries:

The Public Consultation contains several evil proposals:

  • The Home Office seems set to try to extend the the regime and of Control Orders currrently abusing the human rights of terrorist suspects, who have not been charged with any crime, to also apply to "ordinary" serious criminals, and to companies or voluntary organisations or individuals, merely on the periphery of serious organised crime.

  • The Consultation document tries to justify these abominable "Crime Prevention Orders" in cases where there is insufficient evidence to prosecute suspected criminals. However, the Home Officie is suggesting that they will be High Court and Court of Appeal will be involved which will be very expensive in terms of lawyers fees and of senior police officiers time. Surely, the Judges will demand some actual evidence, which could have been used for a prosecution in the first place.

  • Protesting your innocence, or ignorance of allegedly peripheral activities , not themselves illegal, but simply allegedly "supporting" criminal activities, will be of little use to you if you are subjected to such a Crime Prevention Order, as no actual proof will need to be supplied against you.

    Only in the ivory towers of Marsham Street or Downing Street, could there be the idea that a Crime Prevention Order applied to some part of a company or organisation's activities, would, magically, have no effect whatsover on the reputation of the company with its other legitimate customers.

  • There are also proposals for a massive increase in Data Sharing and Data Mining of Government information, and private sector blacklists. There is no proper re-assurance about speculative "fishing expiditions".

  • There also seems to be a proposal to privatise the confiscation of allegedly criminal assets, presumbaly because the Assets Recovery Agency is failing.

    How long before NuLabour reverts to a policy of 18th Century "thief takers" who informed on criminals, and took a share of their confiscated property and money, with obvious opportunities for bribery, corruption and false allegations as a result.

  • There are references to the Human Rights Act and to the Data Protection Act, and fundamental principles like "innocent until proven guity", but the impression that this document gives is that these are seen merely as obstacles, which can be worked around, and that the public perception about likely misuses can be spun and "managed" .

  • There are literally no suggestions or proposals for any detailed safeguards to protect the innocent from the abuse of such extraordinary powers by faceless bureaucrats, e.g. increased criminal penalties for the abuse of power by the police or other agencies. Somehow, a token discussion with the largely toothless Information Commissioner, is meant to be some reassure to the public.

  • There is no mention whatsoever of the Criminal Records and Disclosure aspects of such Crime Prevention Orders, which will be, just like ASBOs, civil orders with the civil standard of proof "on the balance of probailities", but with criminal penalties

  • Just as with the controversial Prevention of Terrorism Act 2005 Control Orders, there are claims that "up to 1000" people might be the targets of such Orders, a figure which has not yet been borne out in practice.

    Just as with the anti-terrorism Control Orders, the surveillance resources which will need to be devoted to ensure that the Crime prevention Orders are not being breached, are an utter waste, Surely these resources could have been better used for secret surveillance of the criminal suspects, without tipping them and their possible criminal contacts off that they are under investigation ?

    This seems to be a further extension of the utterly bogus concept of "disruption". The Home Office has extreme difficulty in producing meaningful statistics on actual crimes and convictions, let alone wolly concepts like "disruption" of possible future crimes which may never have been realised in practice anyway.

  • There is also mention of the "Lander review" of the anti-money laundering red tape system imposed on the financial industry and its customers:

    Under the Proceeds of Crime Act and related legislation on terrorist financing, the regulated sector is required to submit Suspicious Activity Reports (SARs) to SOCA where there are reasonable grounds for suspicion that money laundering has occurred or is in prospect, or an offence under sections 15 to 18 of the Terrorism Act 2000 has been committed. The reporting system has recently been reviewed by Sir Stephen Lander. The key conclusion of this review was that the reports are a potentially invaluable resource and could be used much better.

    So why does this document not mention that Sir Stephen Lander was the former Director General of the Security Service MI5, and that he is currently the Chair of the Serious Organised Crime Agency i.e. the very agency which would be making use of increased opportunities for Data Mining and "fishing expiditions" ? Surely those are facts which are relevant to the impartiality of the quotatiton above ?

  • There is also a throwaway line mentioning Identity Cards, but no mention of the National Identity Register centralised biometric database, as being of any use in fighting organised crime.

Will the Opposition parties oppose these evil proposals more effectively than they did with the Prevention of Terrorism Act 2005 Control Orders ?

If they do not, who can doubt, that next year, there will be a further widening of the scope of such Control Orders, without the need to prove a case, on actual evidence, in court, beyond reasonable doubt ?

Who will be next for "house arrest" and restrictions on mobile phones, on the internet and on financial transactions, without any actual proof of criminal activity ? Peaceful demonstrators ? Political opponents ? Journalists who embarrass the Governnment ? Readers of this blog ?

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Comments

First they came for the Communists, but I was not a Communist so I said nothing...


So, does this mean that you are going to mirror their websites, wear their t-shirts and defend their right to free speech until the end?

Rolling out that quote doesnt actually DO anything to protect you or your freedom. Freedom is not about talk, or knowing what the most appropriate qoute to deliver is. It is about taking action, and in this case, wearing a t-shirt and republishing the words of those people who are being shut down immorally.


18th Century Thief Takers - Aren't they now called baliffes?


@D-NOTICE - Couldn't put it better myself.


@ Jason - what t-shirt and slogan are you suggesting, that will actually defend our freedoms from the Labour Government ?


Who will be next for "house arrest" and restrictions on mobile phones, on the internet and on financial transactions, without any actual proof of criminal activity ? Peaceful demonstrators ? Political opponents ? Journalists who embarrass the Governnment ? Readers of this blog ?

Things are cetainly heading in that direction. Slowly but surely Blair is taking us down the road to a police state. He is disregarding the fundamental legal principles which underpin our democracy. But he's doing it ever so slowly, and only when it's done will the dozy people notice, and then it will be too late.


I know that UniQlo are selling t-shirts with "Ich bin ein Berliner" across the middle... Would that help preserve our freedom?


Oh dear. The mad legislator of the Home Office still hasn't been found and had his pen prised out of his twitching fingers then.

How about this for a scenario. You're Mr. Big of some city crime outfit, and Mr. Nasty of another troupe of baddies is making life difficult. So you set up a subsidiary company, bid for some 'proceeds of crime' work, get the contract and, via the subsidiary, dob in Mr. Nasty to the rozzers. Your company gets to go in, under police protection, and trash your rival's business, while you trouser a fat cheque from a grateful nation. It's a recipe for *more* organised crime, not less, as I see it.


ZDNet are carrying a story that claims the super-ASBOs will affect hackers and spammers.

"The proposals would give extensive powers [to the courts and police]. Suspected hackers could be banned from the Internet, or banned from entering Internet cafés," a Home Office spokesman told ZDNet UK.

Those suspected of hacking or spamming could also have computer equipment taken away by the police.

"Equipment can be seized [if the proposals go through]," said the Home Office spokesman.


They won't only affect spammers and hackers. Ultimately the ASBO will merge with the super ASBO and become a device whereby the burden of proof for ALL offences is based on likelyhood of offence having been committed, rather than beyond all reasonable doubt.


I've posted an article on this to the Magna Carta Plus news blog (http://www.magnacartaplus.org/news), I tried to do a trackback ping but the trackback link for your article was broken.

I note that these orders are to be imposed on the basis that, on balance of probabilities, an individual or organisation has acted in a manner which facilitates or was likely to facilitate the commission of serious crime.

Surely this means that they don't need to show that you acted unlawfully and they don't need to show that you did in fact facilitate a serious crime?

I agree with Tom, there is a distinct possibility that this will facilitate serious crime as unscrupulous businesses (in cahoots with corrupt or gullible officials) act to disrupt or remove their rivals' businesses.


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