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Anti-Gang Act

[ 2013

EXPLANATORY NOTE
ANTI- GANG BILL
1.

The Bill for consideration is the Anti-Gang Bill.

2...
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Anti-Gang Act

[ 2013

offence and is liable on conviction on indictment to a fine
of $200,000.00 and to impriso...
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Anti-Gang Act

]

[ 2013

SAINT LUCIA
______
No.

of 2013

ARRANGEMENT OF SECTIONS
SECTIONS
1. Short title and comm...
No.

]

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Anti-Gang Act

[ 2013
No.

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Anti-Gang Act

[ 2013

I ASSENT

Governor-General.

SAINT LUCIA
————

No.

of 2013

A N A CT to prohibit gangs, ...
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Anti-Gang Act

[ 2013

Short title and commencement

1.— (1) This Act may be cited as the Anti-Gang Act, 2013.
(...
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Anti-Gang Act

]

[ 2013

“gang member” means one of the persons who constitutes
a gang and includes a person who k...
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Anti-Gang Act

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Participation in gang

3.— (1) In this section—
“participate in gang-related activity” in...
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Anti-Gang Act

[ 2013

(6) In determining the sentence to be imposed on a person
convicted under this section, t...
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Anti-Gang Act

[ 2013

(5) In determining the sentence to be imposed on a person
convicted under this section, ...
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Anti-Gang Act

[ 2013

Harbouring or aiding criminals

6. A person who knowingly or having reason to believe th...
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Anti-Gang Act

[ 2013

Sentences to be served consecutively

9. A sentence imposed on a person for an offence u...
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Anti gang bill (silencing the saint lucian populace)

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United PAC would to implore all Saint Lucians to read carefully this piece of legislation as it may have adverse effects on our lives as a free nation. This may prove very dangerous and an attack on our freedom as a democratic nation.

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Anti gang bill (silencing the saint lucian populace)

  1. 1. No. ] 1 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
  2. 2. No. ] 2 Anti-Gang Act [ 2013 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.
  3. 3. No. 3 Anti-Gang Act ] [ 2013 SAINT LUCIA ______ No. of 2013 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
  4. 4. No. ] 4 Anti-Gang Act [ 2013
  5. 5. No. ] 5 Anti-Gang Act [ 2013 I ASSENT Governor-General. SAINT LUCIA ———— No. of 2013 A N A CT 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:
  6. 6. No. ] 6 Anti-Gang Act [ 2013 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;
  7. 7. No. 7 Anti-Gang Act ] [ 2013 “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 Deparment; (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.
  8. 8. No. ] 8 Anti-Gang Act [ 2013 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.
  9. 9. No. ] 9 Anti-Gang Act [ 2013 (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.
  10. 10. No. ] 10 Anti-Gang Act [ 2013 (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.
  11. 11. No. ] 11 Anti-Gang Act [ 2013 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.
  12. 12. No. ] 12 Anti-Gang Act [ 2013 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. Passed in the House of Assembly this 2013. day of , Speaker of the House of Assembly. Passed in the Senate this day of , 2013. President of the Senate.

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