The Senate chamber became the backdrop of a spirited debate as Attorney General Wilfred Abrahams robustly defended the Criminal Gangs (Prevention and Control) Bill in the first appearance by a minister from the lower House of Assembly in the upper legislature.
Abrahams blasted opposition critics, unveiled a suite of severe mandatory minimum sentences, and declared that the state is officially finished playing games with violent crime as the bill neared final passage.
”We are sending a message at the end of the day—we are not playing with you,” the attorney general said. “Bajans must feel comfortable going about their business, and we the government have a duty to make sure we put the framework in place to secure that comfort for you.”
The AG’s appearance before Senate lawmakers, was the second following December’s constitutional amendments, giving the government’s chief legal adviser the right to speak on any legislative matters and providing for ministers to appear across chambers. Earlier on Friday, criminal justice minister Michael Lashley was the first MP to appear before the Senate as he piloted the bill through its second reading.
His speech followed a lengthy address by opposition senator Ryan Walters. While voicing support for the bill, he accused the administration of failing to provide immediate solutions, while simultaneously claiming credit for the Democratic Labour Party (DLP) in forcing the government to lower the statutory definition of a gang from five members to three.
Abrahams immediately rejected that narrative, accusing the opposition of trying to politicise national security while refusing to participate in broader, bipartisan consultations.
”The exact comment made by the honorable senator… was that we, the Democratic Labour Party, want to make crime a political issue,” Abrahams said.
“Why would they not participate in the national effort that had all of the relevant stakeholders there so that the fullest possible perspective can be gained and the maximum benefit achieved? If the honorable member wants to make crime a political issue, then I suggest he goes ahead because the public of Barbados already took note of their position.
Turning his attention directly to the text of the bill, Abrahams sharply dismissed the notion that it lacked immediate, short-term impact. He argued that the sheer severity of the newly established judicial frameworks would send an instant shockwave through the criminal underworld, noting that the act contains some of the most stringent penalties ever drafted in Barbadian history.
”Had [Senator Walters] read the bill, [he] would realise from the tone of the bill that this bill has the most severe sentences of any piece of legislation in Barbados,” the attorney general said.
“Almost every single offense under this bill is attended by a minimum sentence. That’s the government saying, ‘We have heard Barbados. We have heard the cries of the people. We accept what is going on and recognise it. And we are now taking steps to deal decisively with this and to send a message.’”
Abrahams then detailed the uncompromising nature of the penalties, explaining that individuals facing conviction under the new anti-gang framework will look at an automatic baseline of ten years behind bars for almost any associated offense. The law scales upward aggressively based on aggravating factors. For example, individuals who utilise bulletproof vests, law enforcement paraphernalia, or military camouflage during the commission of gang-related activities will trigger mandatory sentences ranging from ten to 25 years.
The legislation also takes aim at the logistical networks keeping gangs operational. Passive assistance, such as harbouring a known fugitive or allowing gang members to utilise personal vehicles, will no longer be tolerated under the law.
”If you know that your friend is the most wanted and you choose to let him hide under your cellar, if you are found guilty of that, you will go to jail,” Abrahams warned. “Concealing gang-related activity or tipping off suspects ahead of a police raid will net offenders between ten to 25 years.”
The AG also addressed concerns regarding potential community profiling, assuring citizens that the legislation features explicit safeguards to prevent individuals from being unfairly targeted based on where they reside.
”Where you live or the community in which you live cannot be a factor in whether or not you’re a member of a gang,” Abrahams said. “It is not evidence. Don’t care where you live. You are not caught up in this… it is what it is that you do.”
The bill also introduces a major structural change to judicial discretion. In the past, judges could easily avoid mandatory minimum sentences using various mitigating loopholes.
Under this new legislation, an offender must satisfy an exhaustive, multi-layered checklist to receive any leniency. The individual must be under the age of 18, a first-time offender, and prove that public safety will not be compromised.
”So it is not a matter of ours anymore for the judge to exercise their discretion to come below the mandatory minimum,” Abrahams said. “The person has to tick all of the boxes. We also acknowledge that a lot of the persons perpetrating crimes in Barbados are minors. If you’re between 16 and 18 and you have committed an offense before, don’t expect any leniency with this.”
Additionally, if a judge does choose to deviate below the statutory minimums, they are now legally required to submit their written reasons to the state. This mechanism grants the prosecution unprecedented power to appeal sentences it deems too lenient.
The legislative framework is designed entirely to reclaim the public sphere for law-abiding citizens, Abrahams declared.
(RR)
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