If you have been accused of involvement in an organised crime group, obtain specialist criminal defence advice as early as possible. These investigations can involve allegations of drug supply, money laundering, fraud, firearms or serious violence. The prosecution may rely on large volumes of telephone, financial, surveillance and digital evidence.
What is an organised crime group allegation?
An organised crime group, often shortened to “OCG”, is generally described as a group whose members plan, coordinate and carry out serious crime on a continuing basis. The structure may be formal, but it can also be a loose network in which different people are alleged to perform different roles.
Section 45 of the Serious Crime Act 2015 creates an offence of participating in the criminal activities of an organised crime group. The prosecution must prove the necessary elements of the particular charge; association with other suspects does not by itself establish criminal participation.
What evidence may the police examine?
An OCG investigation may involve:
- mobile-phone attribution and call-data records;
- cell-site analysis and alleged movements;
- encrypted messages, including EncroChat material;
- bank accounts, cash, property and money transfers;
- surveillance, vehicle movements and location evidence; and
- evidence said to show association between defendants.
The CPS guidance on gang-related offending states that prosecutors should not make unsupported assumptions about membership and should guard against bias. The evidential basis for describing people as a group, and the alleged role of each defendant, should therefore be examined carefully.
Can telephone and cell-site evidence be challenged?
Yes, depending on the facts. A defence review may consider whether a phone can reliably be attributed to the accused, what the records actually establish, whether alternative explanations exist and whether the prosecution presentation overstates the evidence. Messages must also be considered in their proper context rather than viewed as isolated phrases.
What should I do if I am arrested or contacted by police?
Do not discuss the allegation with other suspects or post about it online. Preserve relevant messages and documents, follow any bail conditions and obtain advice before a police interview. Early preparation may help identify missing context and evidence that could otherwise be lost.
Speak to Ghafar Khan
Ghafar Khan is a Criminal Defence Solicitor and High Court Advocate with particular experience in complex conspiracy allegations, drug offences, money laundering, telephone attribution, call-data records, cell-site analysis and digital evidence.
Ghafar Khan, Criminal Defence Solicitor and High Court Advocate
24/7 mobile: 07500 556587
Email: notguilty@ghafarkhan.com
Acting throughout England and Wales
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This article provides general information only and is not case-specific legal advice.