Criminal organisation means any gang, group, alliance, network, combination, or other arrangement among three or more persons that:
Has as one of its purposes, the commission of one or more serious offences; and
(a) In relation to which the persons who are a part thereof or participate therein (individually, jointly or collectively) -
(i) Have engaged in unlawful activity in order to obtain, directly or indirectly, a financial or material benefit or to gain power or influence; or
(ii) Issue threats or engage in conduct to create fear or to intimidate or to exert power or influence in communities, or over other persons;
In determining whether a person is part of or a participant in a criminal organisation, the Court may take into account all factors that appear to it to be relevant, including:
(a) Whether the person has admitted that he is a part of or participant in the criminal organisation;
(b) Evidence that the person has been identified as associating or being involved with the criminal organisation or any of its participants;
(c) Evidence that the person has been charged or arrested for a criminal offence on more than one occasion in the company of a person or persons known to be a part of a criminal organisation;
(d) Evidence of criminal activity by the person that indicates a link or involvement with the criminal organisation;
(e) Evidence that the person knowingly assisted in or in any way facilitated the concealment, transportation or disposal of evidentiary material relating to unlawful activity engaged in by the criminal organisation.
Has as one of its purposes, the commission of one or more serious offences; and
(a) In relation to which the persons who are a part thereof or participate therein (individually, jointly or collectively) -
(i) Have engaged in unlawful activity in order to obtain, directly or indirectly, a financial or material benefit or to gain power or influence; or
(ii) Issue threats or engage in conduct to create fear or to intimidate or to exert power or influence in communities, or over other persons;
In determining whether a person is part of or a participant in a criminal organisation, the Court may take into account all factors that appear to it to be relevant, including:
(a) Whether the person has admitted that he is a part of or participant in the criminal organisation;
(b) Evidence that the person has been identified as associating or being involved with the criminal organisation or any of its participants;
(c) Evidence that the person has been charged or arrested for a criminal offence on more than one occasion in the company of a person or persons known to be a part of a criminal organisation;
(d) Evidence of criminal activity by the person that indicates a link or involvement with the criminal organisation;
(e) Evidence that the person knowingly assisted in or in any way facilitated the concealment, transportation or disposal of evidentiary material relating to unlawful activity engaged in by the criminal organisation.
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