Let’s push for Non-Custodial law
The Vice-President, Dr Mahamudu Bawumia, yesterday announced that the government had finished work on the Non-Custodial Bill, and that it was ready to be laid before Parliament for passage into law.
Our front page lead story provides extensive coverage of Dr Bawumia’s speech, in which he highlighted the rationale behind the bill and its benefits to the country.
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There is a lot of interest in the challenges facing prison facilities in Ghana, especially the issue of congestion. As of the end of last year, prison overcrowding was about 55.49 per cent, with the prison population hovering around 15,461, as against the 9,945 standard capacity for prisons.
This over-population in the prisons has triggered a myriad of reactions and calls for non-custodial sentences for minor offences and misdemeanours in order to decongest the prisons.
Our existing laws do not make room for adequate alternative sentencing, resulting in the sentencing of minor offenders to incarceration or pre-trial detention.
A non-custodial sentence is punishment given by a court of law other than a term of imprisonment. Non-custodial sentences known include fines, probation orders and conditional discharges.
Criminal legislation in Ghana has provided for a wide range of punishments other than imprisonment (custodial sentences). Section 294 of the Criminal and Other Offences (Procedure) Act, 1960 (Act 30) lists punishments that may be imposed on a convict. These are death, imprisonment, detention, fine, payment of compensation and liability to police supervision.
One may wonder why prison sentences are more common, in spite of all these other punishments provided in our laws. This is because a quick look at the Criminal Offences Act, 1969 (Act 29) will reveal that the offences for which custodial sentences are prescribed are more than those for which non-custodial sentences are imposed.
Also, the offences which are rampant in our society, examples of which are stealing, assault, robbery, murder, rape, defrauding by false pretences, among others, usually have custodial sentences prescribed as their punishment.
Therefore, in imposing prison sentences, the judges are operating within the law. It is the law that needs reform. What we need is an overhaul of our sentencing regime to make wider provisions for non-custodial sentences.
The new bill is surely a positive response from the government. However, we still hold our horses till the bill is finally passed into law and receives Presidential assent.
Experience has taught us that sometimes it takes almost forever to get a bill passed into law by the Legislature. We hope this particular bill will not gather dust on the shelves of Parliament, as is the case with others.
We want to plead with our lawmakers to attach all seriousness and urgency to the passage of the bill to ensure that it sees the light of day soon.
The conditions in our prisons are quite harrowing as a result of their congested nature, which also affect the health of the inmates.
The introduction of a non-custodial sentencing law will go a long way to greatly reduce prison congestion and help control overcrowding by minimising the large inflow of convicts charged with misdemeanor/petty crimes.
It will also serve to promote human rights to bring Ghana in line with international and United Nations regulations for the rights of prisoners.
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