ABSTRACT

The Government aims to provide a criminal justice system which is, and is seen to be, modern, in touch with the community, efficient and fair. To this end it is committed to a continuing programme of reform. Within this context, the prosecution of organised crime is an extremely important area in which reform may be particularly beneficial. This chapter examines the operation of the US Racketeer Influenced and Corrupt Organisations (RICO) legislation and similar legislation from elsewhere in the world, and considers the applicability of like legislation for England and Wales. It focuses on the aspects of legislation dealing with incrimination and proof of organised crime activity. Until the RICO Reform Act 1989 and recent court rulings, either the RICO enterprise or the pattern of racketeering was required to have an economic goal. In a drugs case, the defendants were charged with conspiracy to Import and to traffic in cocaine, but not with organised crime offences.