Reprinted from Caribbean Net News
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GEORGE TOWN, Cayman Islands: According to new legislation recently enacted in the Cayman Islands, an illegal gang comprises any formally associated group of three or more people who carry out crime as one of their primary activities, or have committed criminal offences in the past three years.
This is the definition of a gang according to amendments to the Cayman Islands Penal Code that became part of the law on 15 November 2005.
In addition to outlawing gangs the amendments say convicted members of such a group cannot get parole for the first part of their sentence, which is a minimum of 10 years imprisonment. Also, these changes to the law now define a restricted weapon and prohibit carrying them in public places at night; more than double the fine and prison time for carrying an offensive weapon; and make it an offence to be in possession of a bullet-proof vest or firearm for the benefit of a gang.
Amendments to the Penal Code were passed in the Legislative Assembly on 13 October along with a slew of amendments to eight other pieces of legislation. All are aimed at strengthening government’s ability to fight crime.
The other modifications are to be found in the Firearms Law, the Bail Law, the Court of Appeal Law, the Criminal Procedure Law, the Evidence Law, the Information and Communication Technology Authority Law, the Police law, and the Prisons Law.
The Penal Code Law now mandates that, unless proven otherwise, associated persons shall be regarded as belonging to a gang if they have similar tattoos or other body markings; a similar style of dress; or use similar symbols, signs, codes or mannerisms as a means of identifying themselves with the group.
Not only is participating in criminal activity with a gang now an offence that brings with it heavy fines and long terms of imprisonment, but also simply being a member of that group and knowing of their illegal activity attracts the penalty. Under the law this is now so even though that person may not have been actually involved in the criminal acts.
The relevant section of the amended Penal Code reads in part: “A person who is a member of a gang; or participates in or contributes to the activities of a gang knowing that any or all of the members of the gang engage in or have, within the preceding three years, engaged in the commission of a series of indictable offences, [offences that bring charges] or offences under the Misuse of Drugs Law (2000 Revision), for each of which the maximum punishment is imprisonment for three years or more, is guilty of an offence and is liable to a fine of five hundred thousand dollars and to imprisonment for 20 years, subject to a minimum term of imprisonment of 10 years.”
Having a firearm or a bullet-proof vest for the benefit of that gang carries the same penalty.
The law defines a bullet-proof vest as one that is capable of providing protection from the penetration of bullets.
A restricted weapon is described as a machete or knife, a softball bat, baseball bat, cricket bat or any similar bat. Additionally, such weapons include anything similar to these objects that is made or adapted for use for causing injury to any person or capable of being used for causing injury to any person. If these items are carried in certain places at night without any lawful excuse – which the carrier has to provide – that person faces a possible fine of five thousand dollars and four years’ imprisonment.
Prior to the amendments, the fine for possession of offensive weapons was two thousand dollars and the prison sentence two years. Now the penalty for this offence is the same as that of having a restricted weapon in certain places. An offensive weapon is defined in a 1981 amendment as “any object made or adapted for use for causing injury to the person or intended by the person having it with him for such use by him.”
Places where persons cannot take restricted weapons without excuse are a cinema, theatre or an area of public assembly; a club, restaurant, recreation hall or bar; and a location of public entertainment of any kind.
The ban on restricted weapons also extends to car parks or parking lots of the places mentioned or in any vehicles in these areas.
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