Opposition senator calls for public education on gangs bill

Opposition senator Karina Goodridge backed the anti-gang bill in the Senate on Friday, while calling for a broad national education campaign and stronger community involvement, warning that key provisions could present legal and practical challenges if not carefully implemented.

Saying that help would be needed from churches and other organisations, Senator Goodridge agreed with the introduction of crime prevention programmes before calling for a wider public information initiative on the Criminal Gangs (Prevention and Control) Bill.

“We need to have more national public information campaigns that would target everyone, because, of course, the legislation is being passed now, but there would have been the persons before this legislation that would have been involved in gangs, whether in membership or in association.”

The leader of the Friends of Democracy voiced concerns about the difficulties that could be created by the criminalisation of gang membership, suggesting that focus instead be placed on participation in criminal organisations, as has happened in some countries.

“I was also concerned about the approach taken toward gang membership, because while the criminalisation of gang membership may appear attractive from a public policy perspective, international experience suggests that membership alone is often difficult to prove and may create constitutional difficulties. 

“So, tattoos, clothing, social media associations, friendships or presence within certain communities may all be cited as indicators of membership. Yet many law-abiding citizens could find themselves fitting one or more of these descriptions. 

“Countries such as Canada have largely moved toward criminalising participation in criminal organisations rather than mere membership. Such an approach may provide a stronger evidentiary basis, while reducing the risk of guilty by association, because, as I said, it is difficult to prove.”

Judicial scrutiny should be required regarding the police’s ability to detain people without a warrant to prevent abuse, she suggested.

“As the bill is written, the police may choose not to apply to a judge and therefore keep that person in custody for a long time. I know the legislation speaks to 72 hours, but we know that in Barbados, there is always some tug of war. It happens between the police officers and the suspects. This scenario may be effectively addressed by not giving the police that option, but requiring them to apply to a judge for a detention extension.”

(JB)