More than 100 arrests under 'gangland' laws as gardaí target human traffickers and fraudsters

The 2009 act has been used to tackle a wide range of crimes, including human trafficking, drug trafficking, economic crime, firearms offences, and associated money laundering.

Assistant Commissioner John O’Driscoll, head of Special Crime Operations. Picture: Leah Farrell / RollingNews.ie

The use of special ‘gangland’ laws has quadrupled over the last two years, with human traffickers and serious fraudsters joining drug traffickers and killers as targets of gardaí.

Official figures show the powers were used 104 times in the last year, compared to 24 occasions two years ago.

Garda bosses told the Irish Examiner that the legislation — the Criminal Justice (Amendment) Act 2009 — has proven to be “particularly effective” in disrupting and dismantling organised crime groups.

The act — introduced against a background of a rise in gangland crime — also provides for the automatic prosecution of certain offences in the non-jury Special Criminal Court, unless otherwise directed by the DPP.

The 2009 law amended the Criminal Justice Act 2006 and provides for a range of gang offences, including directing gang activities, participating in or contributing to gang activities, or committing an offence for a criminal group.

Official figures covering the period June 2020 to May 2021 show:

• 104 arrests under the act, compared to 72 arrests in the June 2019 - May 2020 period, and 24 arrests in the year before that;
• Of the 104 arrests, 74 were for participation in a criminal organisation (Section 72 of the act), 24 were for committing an offence for a gang (Section 73), and six were for directing a criminal organisation (Section 71A);
• In the previous year, there were 29 arrests for participation and 43 arrests for committing an offence for a criminal organisation and none for directing.

Assistant Commissioner John O’Driscoll, head of Special Crime Operations, said: “The Criminal Justice (Amendment) Act 2009 provides for additional measures with respect to combating organised crime.

These measures have proved particularly effective in implementing An Garda Síochána’s strategy designed to disrupt and ultimately dismantle organised crime groups, through gathering sufficient evidence to support prosecution of OCG [organised crime group] members.” 

He added: “In recent times the measures have been utilised to tackle a wide range of criminality, including human trafficking, drug trafficking, economic crime, firearms offences, and associated money laundering.” 

The three offences have been used by the Garda National Drugs and Organised Crime Bureau in prosecuting associates, at all levels, of the Kinahan cartel before the Special Criminal Court.

The offence of directing under Section 71A includes controlling or supervising the activities of a criminal organisation or giving an order or instruction or guidance, and can be at “any level” of the organisation’s structure.