The recent activities of the Port-of-Spain jail break (Friday, July 24, 2015) and the charging of 11 people for the killing of Senior Counsel Dana Seetahal (for murder as well as for being a gang leader and/or gang member) is of high national interest. It is also widely believed that some of the people involved in the jail break may allegedly be part of a gang.
The Anti-Gang Act of 2011 is of extreme relevance. This Act was assented to on May 23, 2011 and later proclaimed on August 15, 2011. Let us examine some of the basic elements of this critical law.
What is a gang?
It is a "combination of two or more people, whether formally or informally organised, that through its membership or through an agent, engage in gang-related activity."
What are gang-related
activities?
It is "any criminal activity, enterprise, pursuit or undertaking in relation to any of the offences listed in the First Schedule (26 offences) acquiesced in, or consented or agreed to, or directed, ordered, authorised, requested or ratified by any gang member, including a gang leader."
Who is a gang leader?
It is "a person who knowingly initiates, organises, plans, finances, directs, manages or supervises any gang-related activity."
Who is a gang member?
It is "a person who belongs to a gang, or a person who knowingly acts in the capacity of an agent for or an accessory to, or to voluntarily associate himself with any gang-related activity, whether in a preparatory, executory, or concealment phase of any such activity or a person who knowingly performs, aids or abets any such activity."
Gangs and punishment:
For being a gang member:
Upon summary conviction, 10 years imprisonment; upon conviction on indictment, 20 years imprisonment.
For being a gang leader:
Upon conviction on indictment, 25 years imprisonment.
For a member of the protective services being a gang member:
Upon conviction on indictment, 25 years imprisonment. Note, the punishment is much higher for these peoples than for non-servicemen/women.
Wounding/causing grievous bodily harm/shooting a member of the protective services:
If a gang member causes the above, upon conviction on indictment, he/she can get 30 years imprisonment.
Harbouring a person that you know/ought to know is a gang member or is wanted by law enforcement for gang related activities:
Upon summary conviction, five years imprisonment. Yes, if you keep a gang member in your home for example, you can be jailed.
Concealing a person you know/ought to know is a gang member or is wanted by law enforcement for gang related activities:
Upon summary conviction, ten years imprisonment. Again, if you hide a gang member, you can be jailed.
Possessing a bullet-proof vest/firearm/ammunition whether lawfully obtained or not and using such for the benefit of a gang or at the direction of a gang member:
Upon conviction on indictment, 15 years imprisonment. Important, those who can lawfully possess such items can also be jailed.
Recruiting/attempting to recruit a person who is not a child into a gang:
We often hear that people are being forced to join a gang. Upon conviction on indictment, the recruiter/attempted recruiter can get ten years imprisonment.
Recruiting/attempting to recruit a person who is a child into a gang:
Upon conviction on indictment, 15 years imprisonment. The punishment is more serious for recruiting a child into a gang. In this law, a child is taken to be under 18 years of age.
Recruiting a person into a gang within 500 metres from as school or place of worship:
Upon conviction on indictment, 20 years imprisonment. Are the close environs of some schools more prone to this recruitment?
Preventing/attempting to prevent a gang member from leaving the membership of a gang:
We often hear that a person cannot leave a gang and they are in it for life. Well, it is an offence to prevent or attempt to prevent leaving. Upon conviction on indictment, it is 25 years imprisonment.
Do you know that whether a person is a gang member or not but commits the following, upon conviction on indictment, can receive 20 years imprisonment?
�2 a gang related activity at the direction of a gang member;
�2 assists, aids or abets a gang member to carry out a gang related activity;
�2 assists in concealing a gang related activity by a gang;
�2 knowingly commits, aids or abets in the commission of an activity at the direction of, or in concert with, or for the benefit of the gang or conceals or assists in the concealment of the same.
2016, end of the anti-gang law or renewal?
There is also a sunset clause in the Act that states that this law will end five years after it commenced. It took effect in 2011. Thus, it is scheduled to end next year. One wonders if it will be brought back to Parliament for a renewal for another five years, be permanently placed on our law books or left to die.
Contact the Caribbean Institute for Security and Public Safety for its full range of courses on law enforcement, security officer, supervisor and manager training, HSE/OSH courses, corporate security, and general courses for the public. Tel: 223-6999, info@caribbeansecurityinstitute.com or www.caribbeansecurityinstitute.com
?Ian Ramdhanie MSc,
Principal, CISPS