Prime Minister and Minister of Finance the Hon. Philip Davis speaks, on April 17, 2024, during his Contribution to the Debate on the Anti-Gang Bill (2024) and the Penal Code (Amendment) Bill 2024, in the House of Assembly. (BIS Photos/ Ulric Woodside).
During his Contribution to the Debate on the Anti-Gang Bill (2024) and the Penal Code (Amendment) Bill 2024, in the House of Assembly, April 17, Prime Minister and Minister of Finance the Hon. Philip Davis stated that the Anti-Gang Bill (2024) represented a major effort to bring those who “actively participate in or support gangs and gang activities in our nation” to justice.
“Under Clause three, we establish the kind of evidence that may be permissible to prove a person’s involvement in a gang,” Prime Minister Davis said. “Here, we have created a comprehensive list, which includes symbols, signs, codes, markings, or clothing. So, if you enjoy displaying gang paraphernalia, take note of this provision.”
He added: “In addition, criminal activity linked to a gang, or any evidence that a person has associated with a gang to participate in gang-related activity, is also a permissible form of evidence. Should a person assist, facilitate, conceal, transport, or dispose of the evidence of gang-related activity, they too may find themselves facing charges. In addition, concealing or sharing in the proceeds of gang-related activity will be permissible as evidence, as would be any statement made or information given on behalf of a gang or indicating involvement in a gang-related activity.”
Prime Minister Davis pointed out that Clause three allowed for a wide range of evidence that reasonably demonstrated membership in a gang, allowing prosecutors to draw from a wide range of activities and behaviours by gang members. He added that the Bill also gave the Supreme Court the ability to declare a group as a gang, in order to facilitate the prosecution of its members and supporters.
“This Bill, in clauses 5 and 6, legally defines gang membership and gang activity, which includes a long list of activities related to recruitment, initiation, the commission of offences, acts of intimidation and violence, support, and other activities related to the operations of the gang,” he noted.
Prime Minister Davis pointed out that those who are found guilty may face a fine of up to $100,000 and up to a 25-year prison sentence. If someone is proven to be a gang member who, in commission of gang-related activities, ends up taking life, they will be facing a life sentence, he said.
“These are the penalties hundreds of mothers have cried out for over the years as their sons and daughters have fallen victim to gang violence,” Prime Minister Davis stated.
He added: “These penalties shall be applied to those convicted of directly participating in gang-related activities. So, for example, we see in clause 7, the criteria for retaliatory action in cases where a person may be attempting to leave the gang, give information to police officers, refuse to comply with orders from a gang leader, among other contexts in which retaliatory action may take place. Participating in retaliatory killings, apart from the charge of murder and related consequences, will now result in a prison sentence of up to twenty years.”
Prime Minister Davis pointed out that those who were professing to be in a gang or participating in a gang for benefits will face a prison term of up to seven years.
“Those who use or are in possession of bullet proof vests, firearms or other weapons for gang-related activities will also face a term of up to 25 years or a fine of up to $100,000,” he said. “Recruitment on behalf of a gang will warrant a sentence of up to 20 years, and 25 years when it is a child who is being recruited.”
Prime Minister Davis noted that those were some of the penalties for those who directly and actively participate in gang activities.
“But this Bill also addresses those who may not be in gangs themselves but support and facilitate gang activities,” he noted.
“In Clause 8, we see that a person who knowingly counsels, gives instruction to, finances, or provides support to a gang leader, gang member, or gang to facilitate gang activities or the commission of an offence will face an imprisonment for a term of up to twenty-five years,” he added.
Prime Minister Davis pointed out that the same penalty of a possible 25-year sentence applied to a person who tried to prevent a gang leader or member from leaving the gang.
“They often say once you’re in the gang, you’re in it for life,” he stated. “Unfortunately for those who think that way, they will be spending a large part of that life behind bars.”
“Clauses 10 and 11 refer to harbouring a gang member or leader or concealing the identity of a gang leader or member or gang-related activity,” Prime Minister Davis added. “Harbouring will warrant a sentence of up to 20 years and concealing can earn the convicted party up to 25 years in Fox Hill.”
Prime Minister Davis stated that disposing of or sharing in gang-related proceeds, providing or obtaining a benefit from a gang, and aiding, abetting, promoting or facilitating gang-related activity all will earn terms of 20 years or more.
“Tipping off a gang member who is under investigation can earn the guilty party a twenty-year prison term,” he continued. “A person who obstructs justice, obstructs a police officer in carrying out their duties, falsifies, conceals, or destroys documents related to an investigation, makes false statements or seeks to intimidate others in relation to this Bill will face similar sentences.”
“These are harsh penalties, but they are here because these are harsh times,” Prime Minister Davis stated.
He added: “I know there are those who, when they see the mother or grandmother or girlfriend or boyfriend in handcuffs may feel a sense of sympathy for their situation, knowing they were not in the gangs themselves. But, it is an unfortunate situation. We are at the point where we cannot allow others to continue to support their loved ones in the commission of crimes without being held accountable.
“The toughness of our approach reflects the seriousness of the gang problem in our communities.”
Prime Minister Davis said that he wanted to ask those who harbour or cloak, aid, and abet gang members to “think seriously about their own complicity in perpetuating crime in our communities.”
“You may not have pulled the trigger, but when you support someone who did, you share the same amount of responsibility – and you must be held accountable,” he said.
“Too much blood has been shed.”
Prime Minister Davis stressed that his Government was “bringing the hammer down” on the gangs, their leaders, members, and supporters.
He said: “I understand the natural inclination to help our loved ones when they are in trouble. But there is a difference between helping and abetting. We can support the good in them without condoning criminality. We can help them to turn their lives around without encouraging them to avoid accountability. It is in the best interest of all involved to learn this distinction and learn it very well.”
“I hope that the prospect of facing many years in prison is enough for the supporters of gang members to finally understand that our society will no longer tolerate their support of chaos and destruction,” Prime Minister Davis added. “We have more than enough positive avenues for someone to turn their life around, supporting them in continuing to participate in crime and violence just turns you into a criminal as well.”
He stated that the Bahamian people “are tired and angry”.
“We can no longer accept a reality in which thousands of young men participate in gangs like it’s cool or somehow makes them tougher,” Prime Minister Davis said. “We can no longer accept the cries of those who aid and abet and then play victim when the consequences finally land at their door.”
He stated that there can be no more excuses.
“The Bahamian people deserve to feel safe and secure in their communities,” Prime Minister Davis said.
He noted that The Anti-Gang Bill (2024) was “an important step forward in our fight against crime that I believe will be remembered as a turning point in which we began to take serious action against local gangs”.
“The Penal Code (Amendment) Bill (2024) accompanying the Anti-Gang Bill today simply deletes and repeals definitions and sections within the Penal Code to make room for the changes brought forward for the Anti-Gang Bill,” Prime Minister Davis said.
“Now the way forward toward a safer Bahamas is clearer than ever.”
He noted that all people wanted to build a society where everyone had a fair chance at a fulfilling and happy life.
Prime Minister Davis added: “But not at the expense of our peace. Not at the expense of our safety. Not at the expense of living in the grip of fear.”
“Crackdown 2024 is still ongoing.”
Prime Minister Davis noted that he remained optimistic that his Government can significantly lower crime in the short and long term through its approach to prevention, policing, prosecution, punishment, and rehabilitation.
“We note the statistics – we are trending down, but it is still too high,” he added.
Prime Minister Davis stated that he wanted to say to all the young men who were just struggling for survival and dignity, “I know how many challenges you face already”.
“That’s why I want to make it easier to say no to those first steps in the wrong direction, by penalizing those steps heavily,” he said.
He added: “If that sounds harsh, consider this: when the consequences for engaging in criminal activity finally arrive – whether in the form of death in the streets or incarceration – that is a penalty that must be faced alone. Once that sentence is pronounced, once that bullet is fired from that gun, no one will do the time or take that bullet for you.
“Today, I support the Anti-Gang Bill (2024), and I support it as a critical step forward as we make our communities safer and more prosperous.”
By ERIC ROSE/Bahamas Information Services
