Jamaica Anti Gang Legislation

The Criminal Justice (Suppression of Criminal Organisations)
Act, commonly referred to as the anti-gang bill, was passed by the
House of Representatives with 22 amendments. Sections of the proposed
law now read:

Clause 2

‘Criminal Organisation’ means any
gang, group, alliance, network, combination or other arrangement among
three or more persons (whether formally or informally affiliated or
organised or whether or not operating through one or more bodies
corporate or other associations) –
(a) That has as one of its purposes the commission of one or more serious offences; or
(b)
In relation to which the persons who are a part thereof or participate
therein (individually, jointly or collectively) issue threats or engage
in violent conduct to –
(i) Create fear, intimidate, exert power
or gain influence in communities, or over other persons, in furtherance
of unlawful activity; or
(ii) Obtain, directly or indirectly, a financial or other material benefit.

Clause 6

(3)
Subject to subsection (4), in determining whether a person is part of
or a participant in a criminal organisation, the Court may take into
account all factors that appear to it to be relevant, including –
(a) Whether the person has admitted that he is part of or a participant in the criminal organisation;
(b)
Evidence that the person is or has associated or has been involved with
the criminal organisation or any of its participants with the intent to
facilitate the commission of a serious offence or to promote, further
or assist in the criminal activity of a criminal organisation;
(c) Evidence of criminal activity by the person that indicates a link or involvement with the criminal organisation;
(d)
Evidence that the person knowingly assisted in or in any way
facilitated the concealment, transportation or disposal of evidentiary
material relating to unlawful activity engaged in by the criminal
organisation;
(e) Evidence that the person knowingly concealed or
shared in the proceeds of unlawful activity engaged in by the criminal
organisation or any of its participants;
(f) Any statement made or
information given, distributed or communicated by that person on behalf
of, or in the name of, the criminal organisation; and
(g) Any
statement made by or on behalf of the person, whether oral or in
writing, and published or otherwise distributed by him or on his behalf,
indicating involvement in the commission of a crime by the criminal
organisation.

(4) Notwithstanding subsection (3), a
person’s place of residence shall not be the sole factor in determining
whether the person is part of or a participant in a criminal
organisation.

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