Antigua and Barbuda to introduce legislation against crime and violence

The administration of Antigua and Barbuda indicated certain changes to a number of legislations during the Parliament proceedings. These changes have been designed with a vision to address crime and violence in the country.

During the Parliament sitting, Prime Minister Gaston Browne stated that these changes are their fight to criminals in order to act as a deterrent to youth crime and violence.

The Attorney General and Minister for Legal Affairs, Public Safety, Immigration and Labour, Steadroy Benjamin will move the first, second and third 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 has been designed with a vision to address the growing concerns surrounding the increase in crime. The Government of Antigua and Barbuda intends to reinforce the seriousness of drug-related offences and reduce the accessibility and appeal of cannabis by increasing the penalties for possession and removing the option of violation tickets.

As per the amendments, they removed the restrictions on possession of cannabis and increased the penalty to a fine not exceeding two thousand dollars.

The Government noted that these measures are a part of their broader strategy of combating crime and restoring public safety. This 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 Small Charges (Amendment) Bill, 2024 aims 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.

Under this amendment, the authorities stated that if any child will be caught committing the offence of loitering, then 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.

As per the law, if the offence is committed for the first time, the parent of the child will be subject to a fine of two thousand dollars. If the offence is committed for a second time, then the fine will be increased to three thousand dollars.

And, if the offence continues to occur, then the parent will be charged a fine of five thousand dollars and will be imprisoned for a term of two years.

The Anti-Gang Bill, 2024 is a new legislation and has been designed in order to maintain law and order by discouraging membership of gangs and punishing gangs and gang-related activities.

The areas that have been addressed in the Bill include, 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 against a rival gang and the offence of possession of bullet proof vest, firearm, ammunition or prohibited weapon for gang-related activity.

Under this law, the police officials will have the power to arrest a culprit without any warrant. Also, they have the right to enter and search any premises with the consent of the owner or occupier. The law also suggests to treat minors as adults, by giving them sentences and imprisoned them as an adult.

The Child Justice (Amendment) bill, 2024 provides for the mechanism to curb the surge in loitering in Antigua and Barbuda of persons under the age of 18. Under this bill, a child who commits an offence under the Act are to be released to a parent or be released into the care of a secure residential facility.

Under this bill, if an offence is committed under the Act and the minor 14 and older is sentenced, then the person can be prisoned for a maximum sentence of ten years.

The Magistrate’s Code of Procedure (Amendment) Bill, 2024 increases the sentencing powers and other connected matters of the Magistrate. It also adds indictable offences to the list of offences under the Anti-Gang Act 2024 in which the Magistrate is not permitted to grant bail.

Under this bill, it increases the penalty that can be imposed by a Magistrate for a single offence from 2 to five years. Meanwhile, for multiple convictions, the penalty can increase from 5 to 7 years.

Moreover, the Parliament Proceedings will also hold discussions on the Firearms Amendment Bill, 2024. It increased the penalty for several firearms offences to include possession, carrying, selling or transferring, possessing firearms or ammunition with intent to injure and the penalty for the use and possession of firearms or imitation firearms in certain circumstances.

Along with that, the House will also debate on the Airport Administration Charge Amendment Bill 2024 which will see the Airport Administration Charge (AAC) to be collected by IATA as US$4.00 instead of EC$10.