Serious and violent crimes have spiked since the beginning of 2024. With the gruesome killings of two minor girls, several gun related deaths and the prevalence of youth gangs. The police alone say they are unable to curb the increase and in some instances juvenile law acts against public interest when it comes to safeguarding law-abiding residents.
The government has since proposed tough measures that they believe will deter crime and violence. Today, one new bill and amendments to five existing pieces of legislation will be tabled in parliament. Here’s what you need to know.
When government members meet on Tuesday, they will introduce the Anti-Gang Bill – a new legal framework to combat gang-related activities comprehensively, with severe penalties, and extensive powers for law enforcement. Under the new legislation, minors involved in gang activities will be treated as adults, facing adult sentences. This change will eliminate certain protections previously offered under the Child Justice Act 2015.
Bills that hold parents criminally liable for the actions of their minor children will also be tabled.
Parliamentarians on both sides of the Lower House will debate this and other measures and finally pass it down to the Senate for a final decision before it becomes law.
Here are the key points of the Anti-Gang Bill 2024
The bill defines a gang as two or more persons engaged in illegal activity, and the bill outlines what constitutes gang-related activities, including the use of social media for intimidation. A gang does not need to have common symbols, structure, or location. Various forms of evidence, such as admissions, associations, criminal activity, and communication on behalf of a gang, can establish gang involvement.
- Up to 10 years in prison for forming a gang.
- 15 years for being a gang leader.
- 10 years for falsely claiming gang membership to intimidate or gain personal benefits.
- Even stiffer penalties for recruiting children into gangs, especially near schools and churches.
Additionally, anyone caught helping gangs or hiding their activities will face up to 10 years behind bars. Possessing weapons or bulletproof vests for gang-related purposes could lead to a 15-year sentence.
The bill also introduces harsh penalties for retaliating against those who refuse to join a gang or help law enforcement, with offenders facing up to 10 years in prison.
Police Powers
- Police officers can arrest without a warrant if they suspect gang-related activities.
- Magistrates may issue search warrants for suspected gang leaders or members.
Judicial Procedures
- High Court Jurisdiction: The court may protect witness identities and restrict trial information publication.
- Mandatory minimum sentences: Convictions under this Act must result in a sentence of at least 50% of the maximum penalty, unless exceptional circumstances apply.
- Minors: Persons under 18 involved in gang activities are tried as adults.
Sentencing
- Sentences for gang-related offenses must be served consecutively to other sentences.
- Certain existing laws, including the Bail Act and several criminal laws, are amended to align with the provisions of this Bill.
Additional Bills Target Firearms, Child Justice, and Drugs
In addition to the Anti-Gang Bill, the government will also table the Firearms (Amendment) Bill, Child Justice (Amendment) Bill, Small Charges (Amendment) Bill, Misuse of Drugs (Amendment) Bill, 2024 and Magistrate’s Code of Procedure (Amendment) Bill.
The Small Charges (Amendment) Bill 2024 introduces measures to discourage loitering by children and protect public safety. The key points are:
- Children under 18 are not allowed to loiter or congregate in public places between 6 am and 10 pm unless participating in lawful activities organized by registered sports or community groups.
- If found loitering, police may take the child home, to a police station for parental collection, or charge the child.
- Children under 18 are prohibited from being in public places between 10 pm and 6 am unless accompanied by a parent or guardian.
- Parents can be fined $2,000 for a first offense, $3,000 for a second, and $5,000 and up to two years imprisonment for subsequent offenses if their child is found loitering.
The Firearms (Amendment) Bill 2024 proposes changes to Antigua and Barbuda’s existing firearms legislation to increase penalties for various firearms-related offenses. The key amendments include:
- The penalties for possessing a firearm without a license have been increased, with imprisonment terms of up to 15 years for some offenses and 25 years for more severe cases.
- Non-authorized individuals found carrying firearms in designated public places will face up to four years in prison.
- Illegal sales or transfers of firearms, especially to individuals underage, intoxicated, or unlicensed, carry penalties of up to 20 years in prison.
- Anyone found with a firearm or ammunition with intent to harm faces up to 20 years in prison.
- Individuals who use firearms or imitation firearms during criminal activities may face up to 15 years in prison.
- Manufacturing prohibited firearms could result in up to 20 years in prison, with lesser penalties for non-prohibited firearms.
- Unlawful importation, exportation, or transshipment of firearms carries imprisonment terms up to 20 years.
Misuse of Drugs (Amendment) Bill 2024
The key points are:
- The amendment increases the penalty for offenses related to cannabis possession, particularly in public spaces. Smoking cannabis in public or allowing it to be smoked on public premises now incurs a fine of up to $2,000.
- The bill removes the provision that allowed for the issuance of violation tickets for certain drug-related offenses. The rationale is that these tickets were seen as lenient, and their removal is aimed at imposing stricter penalties to deter drug-related crimes.
- The amendments focus on addressing concerns about rising crime, particularly among youth, by reinforcing the seriousness of drug-related offenses and reducing the appeal and accessibility of cannabis.
- The bill seeks to align the legal framework with current social conditions, emphasizing a tougher stance on cannabis-related offenses as part of a broader strategy to combat crime and improve public safety.