Gang membership

(1) A person whoGang (a) is a gang member; or (b) in order to gain an unlawful benefit, professes to be a gang member when in fact he is not, whether by telling anyone that he is a gang member or otherwise suggests to anyone that he is a gang commits an offence by virtue of being such a member or as the case may be, making such a profession, and is liable on summary conviction to imprisonment for a term not exceeding ten years and on any subsequent conviction on indictment to imprisonment for a term not exceeding twenty-five years. (2) A person who is a gang leader commits an offence by virtue of being such a member and is liable on summary conviction to imprisonment for a term not exceeding twenty-five years and on any subsequent charge, to conviction on indictment and to imprisonment for a term not exceeding forty years. (3) In determining whether a person has committed an offence under sub-section (1) or (2) the Court may take into account all factors that appear to it to be relevant as reasonably showing or demonstrating the existence of, or membership in, a gang, including– (a) whether the person has admitted that he is a gang leader or gang member; (b) evidence of the possession by that person of articles or documents of a kind that would give rise to a reasonable inference that the articles or documents were in his possession or control for a purpose connected with an offence under this (c) evidence that the person is or has associated or been involved with a gang with the intent to facilitate the commission of a gang-related activity or to promote, further or assist in the gang-related (d) evidence of criminal activity by the person that indicates a link or involvement with the gang; (e) evidence that the person knowingly assisted in or in any way facilitated the concealment, transportation or disposal of anything of evidentiary value relating to (f) evidence that the person knowingly concealed or shared in the proceeds of (g) whether the person knowingly received any benefit from the criminal activity of the gang; (h) any statement made or information given, distributed or communicated by that person on behalf of, or in the name of the gang; (i) any statement made by or on behalf of the person, whether oral or in writing, and published or otherwise distributed by him Crime Control and Criminal Justice[CAP. 102 13 or on his behalf, indicating involvement in the commission of a crime by the gang; (j) any document emanating or purporting to have emanated from the gang from which it can be ascertained or reasonably inferred that, when the offence was alleged to have been committed– (i) the person knowingly gave direction, counsel, instruction or guidance to, or made a request of, any person involved in the gang, in furtherance of the criminal activity of the gang; or (ii) any person involved in the gang sought direction, counsel, instruction or guidance from the person in furtherance of the criminal activity of the gang. (4) For the purposes of this Part, it shall not be necessary for determining the existence of, or membership in, a gang to show that a particular grouping of persons possesses, acknowledges or is known by any common name, insignia, flag, means of recognition, secret signal or code, creed, belief, structure, leadership or command structure, method of operation or criminal enterprise, concentration or speciality, membership, age or other qualification, initiation rites, geographical or territorial sites, boundary or location, or other unifying mark, manner, protocol or method of expressing or indicating its membership when the gang’s existence can be demonstrated by a preponderance of other admissible evidence, but any evidence reasonably tending to show or demonstrate the existence of or membership in a gang shall be admissible in any action or proceedings brought under this Part 14 including evidence of the factors specified in sub-section (3). (5) Sub-section (3) (j) shall not apply to a person who counsels or gives instruction or guidance with the sole objective of encouraging participants in the activities of a gang to desist from engaging in any criminal activity. (6) Where a person who commits an offence under subsection (1) is a police officer, prison officer, member of the Belize Defence Force, member of the Coast Guard, or otherwise involved in law enforcement, he is liable on summary conviction to imprisonment for a term not exceeding ten years and on any subsequent charge therefor to conviction on indictment and to imprisonment for a term not exceeding twenty-five years. (7) A gang member who intentionally– (a) by any means whatsoever, wounds or causes grievous bodily harm to; or (b) shoots at with intent to do some grievous bodily harm, a police officer, prison officer, member of the Belize Defence Force, member of the Coast Guard, Income Tax officer, or a person who is an officer or employee of a law enforcement authority commits an offence and is liable on conviction on indictment to imprisonment for a term not exceeding thirty years.