B069 - The Organised Crime Investigative Powers Bill

A Bill To

Give Civil Police Forces and other Civil Intelligence Organisations more power in order to investigate suspected organised criminals and suspected criminal organisations.

BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:—

1. Definitions

(1) "Organised Crime" is defined as any criminal act carried out by, or at at the orders of, a non-government affiliated organisation or group

(2) "Criminal Organisation" is defined as a group that carrys out organised crime

(3) "Organised Criminals" is defined as the collective term for those belonging to a Criminal Organisation

(4) "Member(s)" is defined as individuals belonging to a Criminal Organisation

(5) "Powers" is defined as the rights or abilities a government organisation has (proposed or existing) in order to investigate potential acts of terrorism or organised crime

2. Powers

(1) Civil Policing and Civil Intelligence Organisations are given the following powers to investigate suspected organised criminals following authorisation from The Devolved Parliment of Northen Ireland:

(a) The Power to conduct armed raids on the suspected headquaters of suspected criminal organisations without a warrent.

(b) The Power to monitor any and all digital activity of suspected criminal organisations and its members without a warrent.

(c) The Power to install video and audio surveillance systems and phoneline monitoring on the buildings which are suspected residences or headquarters of suspected criminal organisations and its members without a warrent.

(d) The Power to use any evidence seized by any of the above means in a court of law to prosecute individuals or organisations without proving the source of the evidence, as to not put the secrets of the methods used at risk

(e) The Power to go to The Devolved Parliament of Northern Ireland to request extra powers not included in This Bill or any other bill without the knowledge of these powers being provided becoming common knowledge.

3. Exemptions

The investigatory powers this bill provides cannot be used against:

(1) Any government organisation (2) Any individual in the government (3) Any organisation that has been mandated by the government to perform a specific task

4. Extent, commencement, and short title  (1) This Act extends to the entirety of Northern Ireland.

(2) The Powers provided by this Act come into force immediately after Royal Assent.

(3) This Act may be cited as the Investigative Powers Bill of 2019. —-

Written and submitted by u/Confessions_GB_ on behalf of the Ulster Unionist Party

This vote will end on the 15th of May.

AMENDMENTS

A01 submitted by /u/LeChevalierMal-Fait

Omit section 2 (1) (b), (c) and (e)

A02 submitted by /u/LeChevalierMal-Fait

For Section 2 substitute

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2. Power to search and investigate in cases of urgent need

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(1) A police officer if there is an urgent need may —

(a) search any person,

(b) enter into and search of any premises,

(c) enter into and search of any vehicles,

(d) the search of anything the constable may find in the course of (a) to (c).

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(2) An urgent need is a circumstance in which the officer has a reasonable belief that an activity of a crime organisation —

(a) poses an immediate threat to the life of another person, or

(b) risks destroying evidence or information related to an attempt to murder or the murder of a person.

(3) In subsection (2) the evidence or information must be relevant to mitigating this threat.

(4) In subsection (2) the action urgently required to meet the purpose meaning that it is impossible for a judge to be able to grant a warrant before a persons life may be put at risk or evidence destroyed.

(5) An action under subsection one must be approved by the police superintendent within the district in which the search will take place or higher.

(6) A constable who enters any unoccupied premises by virtue of an order under this act must leave the premises as effectively secured against unauthorised entry as the constable found them.

(7) A police officer who takes an action under subsection (1) is also authorised to use reasonable force.

(8) A constable before deciding to use reasonable force take all must take appropriate steps to obtain the cooperation of any relevant person before resorting to force.

(9) A constable may use reasonable force in to achieve a lawful purpose and only where only the minimum amount of force necessary is used.

(10) Evidence gathered by virtue of a search that did not meet subsection (2) will be inadmissible in court.

A03 submitted by /u/Estoban06

Omit section 2 (1) (b) & (c)

Please vote as:

Bill:

A01:

A02:

A03: