Some parts of Anti-Gang Act “make no sense at all,” Bowen says – Antigua Tribune

Opposition MP Sherfield Bowen, a veteran lawyer, today gave a detailed critique of the Gangs Bill in Parliament, highlighting several concerns about the legal and social implications of the Bill.

His argument focused on the inconsistencies in the bill, its potential to undermine rehabilitation efforts for young offenders and problems with the mandatory sentencing provisions.

Criticism of the structure and focus of the bill

Bowen began by pointing out a fundamental inconsistency in the bill’s approach. He noted that the bill criminalizes gang association, creating new offenses such as gang membership, gang membership, or gang leadership, even if there is no specific criminal act associated with that association.

He argued that existing laws already target gang-related criminal activity, and that the new law effectively criminalizes affiliation without addressing the root causes of gang involvement. Bowen stated, “This bill adds being a member of a gang to another offense,” and expressed concern that mere association, without proven criminal behavior, would be punishable under the law.

Caring for minors and rehabilitation

Bowen highlighted a particularly troubling aspect of the bill: the treatment of minors involved in gangs. Under Section 17 of the bill, minors accused of being gang members or leaders would no longer be eligible for diversion under the Child Justice Act. This diversion process offers minors the opportunity for rehabilitation rather than punitive measures, which Bowen said is crucial for young people involved in gang activity.

He noted: “The person who becomes involved in a gang needs the benefits of the Child Justice Act to divert them and to rebuild their rehabilitation.” Bowen expressed deep concern that the bill would remove this vital rehabilitative option, leaving vulnerable young people at risk of further criminalisation rather than providing them with a path to reform.

Penal provisions and judicial discretion

Another important point Bowen raised was the Bill’s approach to sentencing, in particular the imposition of mandatory consecutive sentences for offences under the Act. He argued that this provision undermines judicial discretion by imposing severe sentences without regard to individual circumstances.

Bowen criticised this approach as “bad law” and argued that courts should at least be allowed to consider aggravating and mitigating factors before determining an appropriate sentence. He added: “You can’t just accuse someone who is as deluded as they might be of being a gang member; we should be rehabilitating these individuals rather than sentencing them to consecutive sentences over a long period of time.”

Inconsistencies in surety provisions

Bowen also identified discrepancies between the Act and existing laws regarding bail. Under Section 19, offences under the Anti-Gang Bill would be added to the list of non-bailable crimes, further complicating the legal landscape.

Bowen pointed out that the provisions of the Bail Act and the Magistrate Court of Procedure Act are not harmonised, creating confusion over which offences are eligible for bail. He urged Parliament to address these inconsistencies, noting that the Bill in its current form would only add to the existing legal complexity.

Lack of clarity in certain provisions

See also

During his presentation, Bowen also addressed specific parts of the bill that he felt were poorly drafted and difficult to interpret. For example, he pointed to Section 15, which outlines restrictions on the publication of certain information but gives no clear guidance or direction on what is prohibited.

Bowen noted: “It doesn’t make any sense, and you can’t enforce it because it doesn’t say anything; it’s a lot of words saying nothing.” He further criticised section 3, which also lacked clear definitions and offered no positive direction for enforcement, stating that it “serves no purpose and cannot contribute to what the intended purpose of the Act would be.”

Call for preventive solutions

Bowen argued that while criminal activity, particularly among young people, is a serious problem, the bill focuses too much on retrospective punishment rather than addressing the underlying causes of gang involvement.

He urged the government to take a more evidence-based approach by involving experts, collecting statistics and studying the underlying factors that drive criminal behaviour among young people.

“What we really need is to get a group of experts involved, study the problem, collect statistics and let the government make policy based on the evidence,” Bowen stressed, calling for a more proactive and preventive approach to gang-related crime.

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