By: Nana Kofi Hammah
The Director of the Africa Office of the Commonwealth Human Rights Initiative (CHRI), has reiterated her advocacy for the speedy passage of the Community Sentencing Bill into law.
Community Sentence or Alternative Sentencing allows a court to punish an offender in different ways other than serving a jail term. The absences of a non-custodial sentencing law mean that every breach of the law lands the offender in jail.
Speaking on “BEHIND THE NEWS” on GBC radio Unique FM 95.7, Ms. Mina Mensah grumbled on the callous conditions in Ghana’s prison and the level of congestion which has been the call for many.
Ms Mina Mensah as a matter of urgency, called on the “Attorney General and the Executive to expedite the process to lay the bill on Community Sentencing in Parliament because it’s been long overdue”.
“Research has shown that Incarceration does not necessarily deter crime, and other than the Government spending money to keep offenders in prison, a non-custodial sentencing can be the best alternative” she said.
She also called for the change in mindset of the Ghanaian public. By This assertion, she urged that the media will be needed to help educate the public.
“We will need the co-operation of the media to help educate the public that the fact that someone committed an offense and is being given a community work to do, does not mean the person is being left off the hook” she added.
Ms. Mensah indicated that stigmatization is something education can help curb.
The Director of CHRI however debunked any school of thought that suggests that Community Sentencing can enable more deviant behaviors.
She believes that “Community Sentencing will rather help serve as deterrent to the perpetrator and onlookers since nobody will like to be used for work like that without being paid”.
Ms. Minah Mensah also disclosed that when the law is passed there will be a Review Board, whose mandate will be to access the attitude of the offender, and give appropriate recommendations on their state of remorse as such offenders are prepared to be integrated back into the community.
She however added that this process will not be for all offenses but minor crimes.
The reliance on custodial sentencing in Ghana has resulted in overcrowded prisons breeding more recidivists than reformed persons.
The criminal Justice Delivery System in Ghana is mostly based on prison sentencing because the statutory provisions (The Criminal and other Offenses (Procedure) Act, 1960 (Act 30) limit Judges to impose jail terms for all types of offenses. This practice over the years has proven to be detrimental to prisoners wellbeing, especially for first time offenders and minor offenders.
Ghana’s authorized prison capacity is 9,945, however the prisons inmate population in 2020 was 15,528, representing 52% overcrowding capacity.
Civil society groups such as CDD-Ghana, Crime Check Foundation and Amnesty International are pushing for the passage of the Community Sentencing Bill into Law.