Two Criminals up to NO GOOD constitute a ‘Gang’; definition explained by TCIs Attorney General

By Dana Malcolm

Staff Writer

#TurksandCaicos, November 4, 2022 – For the first time in TCI history a ‘gang’ is now defined by law thanks to the new Anti-Gang legislation.

In an effort to curb the violence that has racked up dozens of deaths in the Turks and Caicos in the last eight weeks Parliament has introduced the law which has serious implications not just for gang members but their families and loved ones as well.

Since the passage of the legislation on October 21st, legally a gang in the TCI is now described as “a combination of two or more persons whether formally or informally organized who engage in gang related activity.”

That “gang related activity” includes 24 offenses which the bill range from murder to manslaughter; theft of a motor vehicle; taking conveyance without authority; arson; handling or receiving stolen goods; possession of a bulletproof vest, gun or ammunition; rape; trafficking in dangerous drugs; blackmail and a host of others.

This decision is significant in that two individuals committing a crime together can now be charged as participating in gang related activity and those who facilitate them can be charged as ‘harbourers’ under the new legislation and face up to ten years in prison.

It differs from similar laws in countries like the Cayman Islands and Jamaica where the minimum required for a group of people to be considered a gang is three individuals.

Opposition Appointed Member Alvin Garland while admitting the bill was necessary said he had some concerns with that definition

“I think this is of particular concern to parents that have kids who could be unruly or well-disciplined kids that might be out there engaging in the type of things that their parents wouldn’t know of or couldn’t know of.”

While the bill provides a defense for individuals who can prove they had no knowledge of the gang related connections and for the parents of minors for those with children, family members, lovers, roommates and anyone else with knowledge of a gang member over 18?  Attorney General Rhondalee Braithwaite-Knowles, KC, explains what could get you sent to jail.

“Harbor means supplying a person with shelter, food, drink, money or clothes, arms, ammunition or means of conveyance or assisting a person in any way to evade apprehension.”

Security leaders have consistently asked family members and friends not to protect gang members in The Turks and Caicos. Now, that warning is bolstered by tough legislation which includes significant jail time.