Some sections of the Anti-Gang Bill “Doesn’t make any sense whatsoever,” Bowen says

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Opposition MP Sherfield Bowen, an experienced attorney, presented a detailed critique of the proposed Anti-Gang Bill in Parliament today, emphasizing several concerns about the bill’s legal and social implications.

His argument focused on the bill’s inconsistencies, its potential infringement on rehabilitation efforts for young offenders, and issues with the mandatory sentencing provisions.

Critique of the Bill’s Structure and Focus

Bowen began by pointing out a fundamental inconsistency in the bill’s approach. He noted that the bill criminalizes association with gangs, creating new offenses such as joining a gang, being a gang member, or leading a gang, even when no specific criminal act is tied to this association.

He argued that existing laws already target criminal activities related to gangs, and the new bill essentially criminalizes affiliation without addressing the root causes of gang involvement. Bowen stated, “This bill is adding the fact that you’re a member of a gang to be another offense,” expressing concern that mere association, without proven criminal conduct, would be punishable under the bill.

Concerns for Minors and Rehabilitation

Bowen highlighted a particularly troubling aspect of the bill: its 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 allows minors the opportunity for rehabilitation rather than punitive measures, which Bowen argued is crucial for youth involved in gang activity.

He remarked, “The person who gets themselves involved in a gang needs the benefit of the Child Justice Act for diversion and for rebuilding rehabilitation.” Bowen expressed deep concern that the bill would strip away this essential rehabilitative option, leaving vulnerable youths at risk of further criminalization instead of offering them a path to reform.

Sentencing Provisions and Judicial Discretion

Another key point raised by Bowen was the bill’s approach to sentencing, particularly the imposition of mandatory consecutive sentences for offenses under the act. He argued that this provision undermines judicial discretion by mandating harsh sentences without considering individual circumstances.

Bowen criticized this approach as “bad law,” stating that courts should be allowed to evaluate aggravating and mitigating factors in each case before determining an appropriate sentence. He added, “You cannot broad brush for a person who being alleged misguided as they may be to be a member of a gang; we should seek to rehabilitate these persons rather than condemning them to consecutive sentences for some long period of time.”

Inconsistencies in Bail Provisions

Bowen also identified discrepancies between the bill and existing laws related to bail. Under section 19, offenses under the Anti-Gang Bill would be added to the list of crimes for which bail is not available, further complicating the legal landscape.

Bowen pointed out that the provisions of the Bail Act and the Magistrate Court of Procedure Act are not harmonized, creating confusion over which offenses are eligible for bail. He urged Parliament to address these inconsistencies, noting that the bill as it stands would only add to the existing legal complexities.

Lack of Clarity in Certain Provisions

Throughout his presentation, Bowen also addressed specific sections of the bill that he believed were poorly drafted and difficult to interpret. For instance, he referenced section 15, which outlines restrictions on the publication of certain information but fails to provide clear guidelines or directions on what is prohibited.

Bowen remarked, “It makes no sense, and one cannot enforce this because it does not say anything; it’s a bunch of words that says nothing.” He further critiqued section 3, which similarly lacked clear definitions and failed to provide a positive direction for enforcement, stating that it “serves no purpose and cannot advance what is purported to be the objective of the act.”

Call for Preemptive Solutions

Bowen argued that while criminal activity, particularly among youth, is a serious issue, the bill focuses too heavily on punishment after the fact rather than addressing the root causes of gang involvement.

He urged the government to take a more evidence-based approach by engaging experts, gathering statistics, and studying the underlying factors driving criminal behavior among young people.

“What is really needed is engaging a bunch of experts, studying the problem, gathering the statistics, and letting the evidence dictate the government policy,” Bowen emphasized, calling for a more proactive and preventative approach to tackling gang-related crime.

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9 COMMENTS

  1. Richard tried hard to outdo Mr. Pringle today, but that is to no avail because he has no say in UPP anyway.

    2. The Chairman made it clear thatSHE WANTS RICHARD LEWIS OUT OF THE PARTY.
    3. She revealed that a recent poll showed Richard Lewis trailing Michael Joseph in the St. John’s Rural West constituency.
    4. The Chairman expressed her LACK OF TRUST IN Richard Lewis, stating that he can no longer win his seat and should STEP ASIDE.

    https://antiguanewsroom.com/letter-captain-the-ship-has-sunk/

  2. anytime this man come on my tv, I turn it off!!! He has NO MORAL AUTHORITY to speak on gangs and SHOOTINGS!

    POW POW POW…..the blood oozed from her neck

  3. This man is a genius, a brilliant man, that is humble enough to listen to others and work with others. I am ready to support him as Prime Minister. I do not support UPP but I support Bowen. This was outright brilliant by this man.

    • what a fool! He is scared of the Man Cow too. Imagine you sign your name to a letter endorsing richard for leader, then with one phone call from the Man Cow, you change your mind faster than a gunman shooting his pregnant mistress.

      it is clearn who “WEAR THE PANTS” in the upp.

  4. Define gang. Just like during covid definitions went out the window and people were calling things as they pleased, I get the feeling that this “gang law” may be just in time for the “Sunday law”. But I guess we’ll see.

    Dan 12:10 KJV Many shall be purified, and made white, and tried; but the wicked shall do wickedly: and none of the wicked shall understand; but the wise shall understand.

    • ask the “sunshine government” PM to define it for you: “Me have plenty gang”

  5. Instead you people,yes,you people,read and comprehend what the man was saying in Parliament today.You all are cussing him.Could that be one of the reasons the country is running like COOKS DUMP.How much are you all being paid to attack without any solutions to the problems plaguing ANTIGUA AND BARBUDA.

  6. I warned the young so-called gang members out there, that this deceitful PM will turn on y’all, and here they are trying to lynch ever one of you.

    Go back to school or get a job young folks, because making any deal or even been seen in public with this Hitler, is a death sentence.

    Mark my word.

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