Criminal Justice (Amendment) Act 2009

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PART 5

Miscellaneous

Directing activities of an unlawful organisation.

25.— The Offences against the State (Amendment) Act 1998 is amended by substituting the following section for section 6:

“Directing an unlawful organisation.

6.— (1) In this section—

(a) ‘ directs ’, in relation to activities, means—

(i) controls or supervises the activities, or

(ii) gives an order, instruction or guidance, or makes a request, with respect to the carrying on of the activities;

(b) ‘ serious offence ’ means an offence for which a person may be punished by imprisonment for a term of 4 years or more;

(c) ‘ unlawful organisation ’ means an organisation in respect of which a suppression order has been made under section 19 of the Act of 1939;

(d) references to activities include references to—

(i) activities carried on outside the State, and

(ii) activities that do not constitute an offence or offences.

(2) A person who directs, at any level of the organisation’s structure, the activities of an unlawful organisation shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for life or a lesser term of imprisonment.

(3) Any statement made orally, in writing or otherwise, or any conduct, by the defendant implying or leading to a reasonable inference that he or she was at a material time directing the activities of an unlawful organisation shall, in proceedings for an offence under this section, be admissible as evidence that the defendant was doing such at that time.

(4) In proceedings under this section, the court or the jury, as the case may be, in determining whether an offence under this section has been committed, may, in addition to any other relevant evidence, also consider—

(a) any evidence of a pattern of behaviour on the part of the defendant consistent with his or her having directed the activities of the organisation concerned at the material time, and

(b) without limiting paragraph (a) or subsection (3)—

(i) whether the defendant has received any benefit from the organisation concerned, and

(ii) evidence as to the possession by the defendant of such articles or documents or other records as would give rise to a reasonable suspicion that such articles, documents or other records were in his or her possession or control for a purpose connected with directing the activities of the organisation concerned.

(5) Any document or other record emanating or purporting to emanate from the organisation concerned from which there can be inferred—

(a) either—

(i) the giving, at the time concerned, of an instruction, order or guidance by the defendant to any person involved in the organisation, or

(ii) the making, at that time, by the defendant of a request of a person so involved,

or

(b) the seeking, at that time, by a person so involved of assistance or guidance from the defendant,

shall, in proceedings for an offence under this section, be admissible as evidence that the defendant was directing the activities of the organisation concerned at the material time.

(6) The expression ‘ other record ’ in this section shall receive a like construction to that which is provided for by section 2 of the Act of 1939 with respect to the expression ‘ document ’.’’.