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ST. JOHN’S, Antigua, CMC – The Antigua and Barbuda government is expected to table a series of anti-crime and violence legislation in Parliament later on Tuesday as the country moves to deal with an outburst of criminal activities in recent months.
The government says the introduction of new legislation as well as amendments to existing legislation is designed to take the fight to criminals and act as a deterrent to youth crime and violence.
Attorney General and Minister for Legal Affairs, Public Safety, Immigration and Labour, Steadroy Benjamin is expected to table all three readings of the Misuse of Drugs (Amendment) Bill, 2024; Small Charges (Amendment) Bill, 2024; Anti-Gang Bill, 2024; the Child Justice (Amendment) Bill, 2024; Magistrate’s Code of Procedure (Amendment) Bill, 2024; and the Firearms (Amendment) Bill, 2024.
The Misuse of Drugs (Amendment) Bill, 2024, seeks to increase the penalties for possession and removes the option of violation tickets with the Gaston Browne government intending to reinforce the seriousness of drug-related offences and reduce the accessibility and appeal of cannabis, particularly to the youth.
These measures are part of a broader strategy to combat crime and restore public safety. The Bill seeks to better align with current social realities and to enhance the deterrent effect of the law in preventing drug-related crimes, particularly among the youth. The amendments remove the restrictions on possession of cannabis. It increases the penalty to a fine not exceeding EC$2,000 (One EC dollar=US$0.37 cents).
The Small Charges (Amendment) Bill, 2024, is designed to maintain law and order by discouraging the practice of children under the age of 18 years loitering and requiring them to be accompanied by a parent between the hours of 10 pm to 6 am (local time).
If the child is caught committing the offence of loitering, the police is empowered to take action upon any child by taking the child home to the parent or to the police station where the child will be collected by the parent.
According to the legislation, if the offence is committed a first time, the parent of the child may be subject to a fine of RC$2,000, increasing to EC$3,000 for a second offence, rising to as high as EC$5,000 and to imprisonment for a term of two years for a third offence.
The government said the newly introduced Anti-Gang Bill, 2024 is designed to maintain law and order by discouraging membership of gangs and punishing gangs and gang-related activities.
Among the areas addressed in this Bill are the offence of being a gang leader, gang member, recruiting a gang member, aiding and abetting a gang, harbouring a gang member, concealing and gang leader or member, offence of taking retaliatory action and the offence of possession of bullet proof vest, firearm, ammunition or prohibited weapon for gang-related activity.
Under the law, the police will have the power of arrest without a warrant and may enter and search any premises with the consent of the owner or occupier. The law also provides for minors to be treated as adults, including being sentences for a term of imprisonment as an adult.
The Child Justice (Amendment) bill, 2024 provides for the mechanism to combat the excessive loitering in Antigua and Barbuda of persons under the age of 18. The Bill also provides for a child who commits an offence under the Act to be released to a parent or be released into the care of a secure residential facility.
In addition, if an offence is committed under the Act and the minor 14 and older is sentenced, that person can be referred to prison with a maximum sentence of 10 years.
The Magistrate’s Code of Procedure (Amendment) Bill, 2024 increases the sentencing powers of the Magistrate and for other connected matters. It adds indictable offences under Anti-Gang Act 2024 to the list of offences which the Magistrate is not permitted to grant bail.
In addition, it increases the penalty that can be imposed by a Magistrate from two years for a conviction for a single offence to five years; and for multiple convictions to be sentenced together, the penalty has increased from five to seven years.
The House will also debate the Firearms Amendment Bill, 2024 which increases the penalty for several firearms offences to include possession, carrying, selling or transferring, possessing firearms or ammunition with intent to injure and penalty for use and possession of firearms or imitation firearm in certain circumstances.
