A sweeping new anti-gang law was introduced in Parliament on Friday, as the Mia Mottley administration moved to curb escalating gun violence and dismantle organised criminal networks operating across the island.
The Criminal Gangs (Prevention and Control) Bill was tabled in the House of Assembly by Minister of Legal Affairs and Criminal Justice Michael Lashley.
The legislation comes against the backdrop of increasing gun violence and retaliatory crimes involving young people, he said.
He revealed that the bill was developed after examining similar legislation in Jamaica, Trinidad and Tobago and The Bahamas, as well as consultations with attorneys and people directly affected by crime.
“The Bar Association was also consulted, and we received a report from the Bar Association with respect to this bill.”
The minister sought to dismiss concerns that there had been insufficient consultation on the legislation.
“Given the fact that this is really a piece of legislation for the first time, on the law books, and as you know, as a practicing attorney, that we’ve had multiple accused coming before the courts charged with conspiracy, charged with murder, charged with other offenses, but nobody has been charged with respect the particular offenses that we are now seeking, to bring before the courts.”
The legislation was informed by research conducted by the Criminal Justice Research and Planning Unit, which found evidence of gang activity among inmates at Dodds Prison, Lashley said.
“The research has been done and the research shows young ages, young men, who are on remand, who are now serving a sentence, they confessed that they joined a gang at an early age or that they know somebody who was in a gang, or that they associate with a gang, or that they were involved in gang related activities. So that is the background to this legislation.”
It also forms part of a wider regional commitment by Caribbean leaders to combat gang activity, he added.
“Crossing borders respectfully,” said the criminal justice minister. “So it will have to be a one Caribbean approach. That is why we have to get serious in Barbados.”
Responding to concerns that certain communities could be unfairly targeted, Lashley stressed that the bill contains safeguards to prevent discrimination.
“It states that where you live, where you come from, or where you lime, is not a determining factor to show or to bring proof that you’re involved in a gang, or you’re involved in gang-related activities, or that you’re associated with a gang.”
Lashley said the legislation demonstrates the government’s commitment to citizen security, public safety and the rule of law.
“It demonstrates that this government is serious about citizen security and public safety. It demonstrates that this government is interested in the upkeep of the rule of law. It demonstrates this: that this government is willing to confront frontally the gang networks and the criminal networks in this country, and not to back away.”
He argued that the penalties contained in the legislation would serve as a deterrent.
“With the stiff penalties attached to it, it is my respectful submission that these penalties would act as a deterrence because we’re not only going after the gang leader and the gang member and the associates but those persons who believe they could conceal their activities related to gangs.”
Addressing suggestions from the Democratic Labour Party that the legislation should also target unexplained wealth linked to gang activity, Lashley pointed to existing provisions under proceeds of crime legislation.
“There will be a civil asset recovery fund set up that would carry out certain aspects of the bill; that it is on our law books. If someone is convicted under this legislation once it’s passed, the DPP department or the prosecutor, they have within their armour the right to make an application on the same Act, to go after or look and see whether any wealth came about as a result of a gang-related activity.”
The bill also contains protections for jurors, judges, officers and others connected to gang-related matters before the courts.
At the same time, Lashley stressed that legislation alone cannot solve crime.
Lashley said the measure would provide police officers with additional tools to combat crime and forms part of the government’s wider legislative agenda.
He pointed to reforms already implemented, including increases in the number of criminal judges and prosecutors, amendments to the Firearms Act and changes to the Bail Act.
The minister also disclosed that several additional crime-fighting measures are ready for debate.
“I can inform that the legislation for the establishment of the gun courts is ready. I can also inform, and the Attorney General will back me on this. That the domestic terrorism legislation is ready, hopefully we debate that soon. The Evidence Amendment Bill is ready. We have a whole slew of legislation that will come to this chamber to show the government’s intentions to fight crime through legislation.”
Lashley maintained that crime prevention programmes remain central to the government’s strategy.
He said efforts must focus on preventing vulnerable young people from falling under the influence of gang leaders.
“You know who the gang leaders go after, they go after the unemployed youth. They go after the youngsters that come from an at-risk family or dysfunctional families. They go out to the youth that really is engaging in substance abuse and they go after the youth who obviously don’t have any high standard of education.”
Public policies must be designed to reach those young people and their families before they enter the criminal justice system, he suggested.
Pointing to information contained in pre-sentence reports, Lashley argued that warning signs often emerge years before serious offending occurs.
“From an early age, at the age of 11 or 13, trouble at school, into drug involvement, disrespecting teachers, from a dysfunctional home. And when you look at classifying them sometimes you have whether the person’s a low risk offender or whether the person’s a high risk offender. What are the factors that lead to this? There wasn’t any early intervention to move him out of that classification.”
The minister expressed confidence that the Ministry of Education Transformation and other social agencies would continue developing early intervention programmes aimed at supporting vulnerable families and communities.
He also underscored the need for a holistic approach to crime prevention that includes support for victims and their families.
“Somtimes we look at the accused, and we looked to see what measures we could put in place to save him and to save family. But we also have to look at the victim and the victim’s family. Because the anger that might be in that family of losing a loved one and that anger might manifest in different ways. We must have a holistic approach with respect to crime prevention.”
Anti-gang bill: What to know
– The Criminal Gangs (Prevention and Control) Bill draws on similar laws in Jamaica, Trinidad and Tobago and The Bahamas, alongside national consultations.
– Gang focus: It creates specific offences aimed at gang membership, leadership and related activities that are not currently defined in Barbados law.
– Deterrent penalties: The bill proposes stiff penalties intended to discourage participation in gangs and related crimes.
– Asset recovery: Existing proceeds of crime laws will be used to pursue wealth believed to be derived from gang activity, including through a civil asset recovery fund.
– Safeguards included: The legislation states that where a person lives or socialises cannot be used as proof of gang involvement.
– Court protections: Measures are included to protect jurors, judges and others involved in gang-related cases.
– More tools for police: The bill is designed to expand the powers available to law enforcement to investigate and prosecute gang activity.
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