SERIOUS AND ORGANISED CRIME (CONTROL) ACT 2008 - SECT 35
SERIOUS AND ORGANISED CRIME (CONTROL) ACT 2008 - SECT 35
(1) A person who
associates, on not less than 6 occasions during a period of 12 months,
with a person who is—
(a) a
member of a declared organisation; or
(b) the
subject of a control order,
is guilty of an offence.
Maximum penalty: Imprisonment for 5 years.
(2) A person does not
commit an offence against subsection (1) unless, on each occasion on
which it is alleged that the person associated with another, the person knew
that the other was—
(a) a
member of a declared organisation; or
(b) a
person the subject of a control order,
or was reckless as to that fact.
(a) has
a criminal conviction (against the law of this State or another jurisdiction)
of a kind prescribed by regulation; and
(b)
associates, on not less than 6 occasions during a period of 12 months,
with another person who has such a criminal conviction,
is guilty of an offence.
Maximum penalty: Imprisonment for 5 years.
(4) A person does not
commit an offence against subsection (3) unless, on each occasion on
which it is alleged that the person associated with another, the person knew
that the other had the relevant criminal conviction or was reckless as to that
fact.
(5) A person may be
guilty of an offence against subsection (1) or (3) in respect of
associations with the same person or with different people.
(6) The following
forms of associations will be disregarded for the purposes of this section
unless the prosecution proves that the association was not reasonable in the
circumstances:
(a)
associations between close family members;
(b)
associations occurring in the course of a lawful occupation, business or
profession;
(c)
associations occurring at a course of training or education of a prescribed
kind between persons enrolled in the course;
(d)
associations occurring at a rehabilitation, counselling or therapy session of
a prescribed kind;
(e)
associations occurring in lawful custody or in the course of complying with a
court order;
(f)
associations of a prescribed kind.
(7) Without derogating
from subsection (6) but subject to subsection (8), a court hearing a
charge of an offence against this section may determine that an association
will be disregarded for the purposes of this section if the defendant proves
that he or she had a reasonable excuse for the association.
(8) In proceedings for
an offence against this section, subsection (7) does not apply to an
association if, at the time of the association, the defendant—
(a) was
a member of a declared organisation; or
(b) was
a person the subject of a control order; or
(c) had
a criminal conviction (against the law of this State or another jurisdiction)
of a kind prescribed for the purposes of subsection (3).
(9) For the avoidance
of doubt, in proceedings for an offence against this section, it is not
necessary for the prosecution to prove that the defendant associated with
another person for any particular purpose or that the association would have
led to the commission of any offence.
(10) If a police
officer has reasonable cause to suspect that 2 people are or have been
associating with each other and that at least 1 of those people is—
(a) a
member of a declared organisation; or
(b) the
subject of a control order; or
(c) a
person who has a criminal conviction referred to in subsection (3),
the police officer may require 1 or both of those people to state all or any
of their personal details.
(11) For the purposes
of this section—
(a) a
person may "associate" with another person by any means including
communicating with that person by letter, telephone or facsimile or by email
or other electronic means; and
(b) a
person is a "close family member" of another person if—
(i)
1 is a spouse or former spouse of the other or is, or has
been, in a close personal relationship with the other; or
(ii)
1 is a parent or grandparent of the other (whether by
blood or by marriage); or
(iii)
1 is a brother or sister of the other (whether by blood
or by marriage); or
(iv)
1 is a guardian or carer of the other.
(12) In this
section—
"close personal relationship" has the same meaning as in Part 3 of the
Family Relationships Act 1975 ;
"spouse"—a person is the spouse of another if they are legally married.