Anti-Gang
Act [2013]
EXPLANATORY
NOTE
ANTI-
GANG BILL
1.
The Bill for consideration is the Anti-Gang Bill.
2.
The purpose of the Bill is to prohibit gangs, gang-related activity and for
other connected purposes.
3.
Clause 1 of the Bill provides the short title and commencement.
4.
Clause 2 of the Bill provides the interpretation.
5.
Clause 3 of the Bill makes it an offence for a person to participate in a gang.
A person commits an offence if they are a gang member, aids or abets another to
be a gang member or prevents someone from leaving a gang.
6.
Clause 4 of Bill makes it an indictable offence if someone commits an offence
for the benefit of, at the direction of or in association with, a gang.
7.
Under clause 4 it is also an offence for a person to have a bullet proof vest,
firearm, ammunition or any equipment, instrument, material or other device,
whether lawfully obtained or not, with the intention that it may be used in committing
an offence for the benefit of, at the direction of or in association with, a
gang. A person who commits this offence is liable on conviction on indictment
to a fine of $300,000.00 and to imprisonment for twenty years.
8.
Clause 5 of the Bill provides that person who knowingly aids and abets,
directly or indirectly, any person to commit an offence under the Bill commits
an offence and is liable on conviction on indictment to a fine of $300,000.00
and to imprisonment for twenty years.
9.
Clause 6 of the Bill provides that a person who, knowingly or having reason to
believe that another person has committed or has been convicted of any crime
under the Bill, aids, conceals or harbours that person commits an offence and
is liable on conviction on indictment to a fine of $200,000.00 and to
imprisonment for fifteen years.
10.
Clause 7 of the Bill provides for the forfeiture of any rights to gratuity or
pension benefits of a law enforcement officer who is convicted of an offence
under the Bill.
11.
Clause 8 of the Bill gives a judge the discretion to make an order for
forfeiture in respect of anything or any movable property, by means of which,
or in relation to which, an offence was committed.
12.
Clause 9 of the Bill provides that a sentence imposed on a person for an
offence shall be served consecutively to any other punishment imposed on that
person for an offence arising out of the same event or series of events.
ARRANGEMENT
OF SECTIONS
SECTIONS
1.
Short title and commencement
2.
Interpretation
3.
Participation in gang
4.
Committing and preparing to commit an offence for benefit of gang
5.
Aiding and abetting commission of an offence
6.
Harbouring or aiding criminals
7.
Loss of benefits
8.
Forfeiture
9.
Sentences to be served consecutively
AN
ACT
to prohibit gangs, gang-related activity and for connected purposes.
BE
IT ENACTED by the Queen’s Most Excellent Majesty, by and with the
advice and consent of the House of Assembly and the Senate of Saint Lucia, and
by the authority of the same, as follows:
Short
title and commencement
1. —
(1) This Act may be cited as the Anti-Gang Act, 2013.
(2)
This Act shall come into force on the date or dates to be fixed by order of the
Minister responsible for home affairs and national security.
Interpretation
2. In
this Act—
“aid
and abet” means — (a) directly or indirectly instigating, commanding, counselling,
procuring or soliciting; (b) in any manner intentionally aiding, facilitating, encouraging
or promoting; or (c) doing any act for the purpose of aiding, facilitating, encouraging
or promoting, the commission of a crime by any other person;
“ammunition”
has the same meaning as in the Firearms Act, Cap.14.12;
“bullet-proof
vest” means clothing that is capable of providing protection from the
penetration of bullets or similar projectiles;
“facilitation
of an offence” does not require knowledge of a particular offence the
commission of which is facilitated, nor that an offence is actually committed;
“firearm”
has the same meaning as in the Firearms Act, Cap.14.12;
“gang”
means a group, however organised, that—
(a)
is composed of three or more persons in or outside of Saint Lucia; and
(b)
has as one of its main purposes or main activities the facilitation of a criminal
offence or the commission of a criminal offence;
“gang
leader” means a gang member who initiates, plans forms, directs, organises
or manages, supervises or finances a gang;
“gang
member” means one of the persons who constitutes a gang and
includes a person who knowingly:
(a)
participates in, aids or abets, or associates with, one or more gang-related
activities, whether by an act or omission;
(b)
acts as an agent for, or as an accessory to, a gang; or
(c)
participates in or associates with a gang;
“gang-related
activity” means any activity, whether criminal or not, that would likely
result in the direct or indirect receipt, by the gang or by a gang member, of any
advantage, including—
(i)
increase in the gang’s prestige, reputation, influence, dominance, control or
the number of persons who constitute the gang;
(ii)
retribution or revenge for the benefit of, at the direction of or in
association with, the gang or a gang member;
(iii)
obstruction of justice for the benefit of, at the direction of or in
association with, the gang or gang member;
(iv)
a financial benefit; or
(v)
enhancing the ability of a gang to facilitate or commit an offence;
“law
enforcement officer” includes—
(a)
a police officer;
(b)
a port police officer;
(c)
a customs officer;
(d)
a correctional officer;
(e)
an officer of the Inland Revenue Department;
(f)
a person comprising the Financial Intelligence
Authority
established under the Money Laundering
(Prevention)
Act, No. 8 of 2010, or its secretariat; and
“minor”
means a person under the age of 18 years.
Participation
in gang
3. —
(1) In this section — “participate in gang-related activity” includes
joining a gang, being a gang member or a gang leader, recruiting persons to
participate in gang activity, preventing another person from ending his or her
gang membership, or affiliation and contributing to gang activity.
(2)
Every person who, by act or omission, knowingly participates in gang-related
activity commits an indictable offence.
(3)
A person who commits an offence under this section is liable on conviction on
indictment to a fine of $500,000.00 and to imprisonment for 30 years.
(4)
In a prosecution for an offence under this section, it is not necessary to
prove that—
(a)
the gang actually facilitated or committed an offence;
(b)
the participation of the accused actually enhanced the ability of the gang to
facilitate or commit an offence;
(c)
the accused knew the specific nature of any offence that may have been
facilitated or committed by the gang; or
(d)
the accused knew the identity of any of the persons who constitute the gang.
(5)
In determining whether an accused participates in any gang-related activity,
the Court may consider, among other factors, whether the accused—
(a)
uses a name, word, symbol or other representation that identifies or is
associated with, the gang;
(b)
frequently associates with any of the persons who constitute the gang;
(c)
receives any benefit from the gang; or
(d)
engages in activities at the instruction of any of the persons who constitute
the gang.
(6)
In determining the sentence to be imposed on a person convicted under this
section, the Court may consider, among other factors any of the following
circumstances as aggravated circumstances, justifying a severe sentence—
(a)
the person who was aided or abetted, or who was prevented from leaving the
gang, was a minor at the time of the offence;
(b)
the offence involved gang-related activity within one mile of a school or place
of worship;
(c)
the person convicted was a law enforcement officer at the time the offence was
committed; or
(d)
the person convicted is a gang leader.
Committing
and preparing to commit an offence for benefit of gang
4. —
(1) A person who commits an offence for the benefit of, at the direction of, or
in association with, a gang commits an indictable offence.
(2)
A person who —
(a)
prepares or supplies;
(b)
has in his or her possession, custody or control; or
(c)
has in the possession, custody or control of another person on his or her
behalf, a bullet-proof vest, firearm, ammunition, equipment, instrument,
material or any device, whether lawfully obtained or not, with the intention
that such bullet-proof vest, firearm, ammunition, equipment, instrument,
material or device may be used by him or her or any other person in committing
an offence for the benefit of, at the direction of or in association with a
gang, commits an offence.
(3)
A person who commits an offence under this section is liable on conviction on
indictment to a fine of $300,000.00 and to imprisonment for 20 years.
(4)
In the prosecution for an offence under this section, it is not necessary to
prove that the accused knew the identity of any of the persons who constitute
the gang.
(5)
In determining the sentence to be imposed on a person convicted under this
section, the Court may consider, among other factors any of the following
circumstances as an aggravated circumstance, justifying a severe sentence—
(a)
a minor was involved in the commission of the offence or that the offence was
against a minor;
(b)
any part of the offence was conducted within one mile of a school or place of
worship;
(c)
the person convicted was a law enforcement officer at the time the offence was
committed; or
(d)
the person convicted is a gang leader.
Aiding
and abetting commission of an offence
5.—
(1) A person who knowingly aids and abets, directly or indirectly, any person
to commit an offence under this Act commits an offence and is liable on
conviction on indictment to a fine of $300,000.00 and to imprisonment for 20
years.
(2)
In a prosecution for an offence under subsection (1), it is not necessary to
prove that—
(a)
an offence other than the offence under subsection (1) was actually committed;
(b)
the accused knew the identity of all of the persons who constitute the gang.
(3)
In determining the sentence to be imposed on a person convicted under this
section, the Court may consider, among other factors, any of the following
circumstances as an aggravated circumstance, justifying a severe sentence—
(a)
the person who was aided or abetted, or who was prevented from leaving the
gang, was a minor at the time of the offence;
(b)
the offence involved gang-related activity within one mile of a school or place
of worship;
(c)
the person convicted was a law enforcement officer at the time the offence was
committed; or
(d)
the person convicted is a gang leader.
Harbouring
or aiding criminals
6. A
person who knowingly or having reason to believe that another person has
committed or has been convicted of any crime under this Act, aids, conceals, or
harbours that person commits an offence and is liable on conviction on
indictment to a fine of
$200,000.00
and to imprisonment for 15 years.
Loss
of benefits
7.
—
(1) Where a law enforcement officer is convicted of an offence under this Act,
then in addition to any sentence imposed by the Court, he or she shall forfeit
any rights to—
(a)
gratuity to which he or she is entitled as a public officer or a police
officer, otherwise than under the Pensions Act, Cap. 15.26; and (b) pension
benefits and gratuity and allowances, to which he or she is entitled under the
Pensions Act, Cap. 15.26 as a public officer or a police officer; provided that
the relevant authority concurs with the withholding of the pension, subject to
section 98 of the Constitution of Saint Lucia, Cap. 1.01.
(2)
In this section ‘ relevant authority’ means the authority responsible
for withholding pension benefits for misconduct under section 5(2) of the
Pensions Act, Cap. 15.26.
Forfeiture
8. —
(1) Where a person is convicted of an offence under this
Act,
a judge may, in addition to any other punishment imposed, order the forfeiture
to the Crown of anything or any movable property by means of which, or in
relation to which, the offence was committed.
(2)
If a person, other than the convicted person, claims ownership, wholly or
partly, in anything or any movable property referred to in section (1) above,
the judge shall afford the person an opportunity to be heard, prior to making
an order of forfeiture.
Sentences
to be served consecutively
9. A
sentence imposed on a person for an offence under this Act shall be served
consecutively to any other punishment imposed on the person for an offence
arising out of the same event or series of events.
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