Assessing International Approaches to Tackling Serious and Organised Crime in the UK: Insights from Italy and Somalia
Italian Approach to Hierarchical Organised Crime
Cultural Background and Structure
Italian organised crime is deeply rooted, with strict hierarchies and a code of silence (omertà). Groups like the ‘Ndrangheta are family-based and resistant to infiltration. UK crime groups are more flexible.
Legal Framework and Anti-Mafia Laws
Italy's Rognoni-La Torre Law (1982) criminalises Mafia association and allows asset confiscation. The Maxi Trial (1986-1992) convicted hundreds using informants (pentiti) with witness protection. The UK's Proceeds of Crime Act 2002 (POCA) doesn't operate as efficiently.
Crime Markets: Financial Crime and Corruption
Italian groups infiltrate legal markets via money laundering and public contract manipulation. The UK faces similar threats, especially in real estate. Italy’s National Anti-Mafia Directorate (DIA) coordinates investigations.
Witness Protection and Informants
Italy uses pentiti, but struggles with leaks and resource constraints. The UK is reluctant to adopt informant-based strategies due to credibility and risk concerns.
Challenges in Implementing the Italian Approach in the UK
- Legal and cultural differences: The UK lacks an equivalent to associazione di tipo mafioso.
- Judicial efficiency: UK courts struggle with SOC prosecution delays.
- Localised policing structure: The UK has fragmented law enforcement.
Conclusion
Italy’s approach offers insights for the UK, emphasising financial disruption, legal frameworks, and community engagement. The UK can learn from Italian anti-mafia legislation (Article 416-bis). Integrate asset seizure laws and intelligence-led policing.
Recommendations for UK Policy Adaptation
- Enhance Financial Crime Monitoring by establishing a national anti-mafia style financial crime directorate.
- Improve witness protection programs with secure relocation schemes.
- Increase collaboration with European agencies like Europol.
Somalian Approach to Enterprise-Based Organised Crime
Introduction
Somalia's enterprise-based SOC is shaped by weak governance, clan structures, and economic instability. Activities include piracy, human trafficking, and arms smuggling.
Cultural Background and Structure
Somali SOC operates through fluid networks, leveraging clan affiliations. The UK's SOC groups are more structured. Strategies relying on disrupting clan affiliations may not translate to the UK.
Legal Framework and Law Enforcement
Somalia uses formal laws, customary practices (xeer), and Islamic law (Sharia). Non-state actors play a role in justice. The UK has a robust legal system and specialized law enforcement.
Crime Markets: Human Trafficking and Arms Smuggling
Human trafficking and arms smuggling are significant in Somalia. The UK faces similar issues but focuses on border controls and international collaboration.
Financial Systems: The Role of Hawala
Hawala is used for remittances but is exploited for money laundering. The UK faces challenges in regulating hawala. Stricter oversight and registration could help.
Community and Non-State Approaches
Non-state actors are integral in Somalia, but their capacity to combat organised crime is limited. The UK uses community policing initiatives.
Challenges of Implementing Somali Approaches in the UK
- Structural Differences: UK institutions differ from Somalia’s informal mechanisms.
- Cultural Variations: The UK lacks clan-based structures.
- Regulatory Frameworks: Hawala operates outside the UK's regulated environment.
Conclusion
Somalia highlights the role of non-state actors and informal financial systems. Direct applicability to the UK is limited due to structural and cultural differences. Tighter regulation of hawala could strengthen the UK's approach.
Recommendations for UK Policy Adaptation
- Strengthen Financial Oversight of informal financial systems like hawala.
- Enhance Community Engagement to improve intelligence gathering.
- Increase International Cooperation to tackle transnational organised crime.