Non-custodial sentencing, also known as alternative sentencing, refers to punishments given by a court that do not involve imprisonment. These sentences can take various forms, including community service, probation, parole supervision, and drug treatment programs.

Over the last 15 years, there has been a growing global interest in developing alternative sentencing frameworks to reduce prison overcrowding and promote rehabilitation, of which Ghana is not an exception. The International Conference on Prison Conditions in Africa in 1996 recommended the adoption of community service and non-custodial measures, complementing the Mandela rules in the treatment of prison in-mates. Since 2000 there have been growing calls to institute a Non-Custodial Sentence regime in Ghana.

The POS Foundation with its stakeholders under the supervision of the office of the Chief Justice of Ghana introduced the first draft of the Non-Custodial Sentencing Bill, which eventually became the Community Service Bill after consultation with stakeholders across the country.

Status of Ghana’s Community Service Bill

Ghana's current legal framework does not provide adequate provisions for Non-Custodial sentencing. The Criminal Procedure and Other Offences Act (Act 30) primarily outlines punitive measures such as death, imprisonment, detention, fines, suspension of sentence, and police supervision. This has contributed to severe overcrowding in the country’s prisons, exacerbating human rights concerns.

The POS Foundation held National multi-stakeholders and Regional consultative forums across Ghana's various regions to solicit input together with the Ministry of Interior and the Office of the Attorney General and Minister for Justice. The Bill which reached Ghana's Cabinet in two different Government regimes failed to reach Parliament for passage. The current sector ministries are being engaged by the POS Foundation and other stakeholders towards a possible review and further consideration by Cabinet and Parliament.

Rationale:

Reduce prison congestion by offering alternative punishments for minor offenses

Reduce prison congestion by offering alternative punishments for minor offenses
Strengthen the country’s criminal justice system and promote human rights to align with UN and international standards.

Ghana can improve its human rights record, decongest prisons, and enhance societal rehabilitation efforts. The POS Foundation and key stakeholders remain committed to advocating for the successful passage and implementation of the Community Service Bill.

The Development of the Community Service Bill

Advocacy and Stakeholder Engagement

Since 2002, advocacy efforts spearheaded by CHRAJ, and CDD with stakeholder dialogue called for the introduction of a Non-Custodial Sentencing regime. In 2017 the POS Foundation under the direct supervision of the then Chief Justice Sophia Akuffo with Funding from DANIDA and Open Society Foundation / OSIWA first introduced the draft by Ms. Sandra Thompson which was subsequently redrafted by Dr. Isidore Tuffour into Community Service Bail as a result of the national multi-stakeholder engagement.

Following a Regional stakeholder public consultation in six Regions by the POS Foundation and the Ministry of Interior, a validation was successfully held where a Technical Working Committee was established to oversee the various changes and subsequently forwarded to Cabinet with a joint Cabinet Memo by the Ministry of Interior and Office of the Attorney General and Minister for Justice.

Impact of adoption

The adoption of Non-Custodial Sentencing in Ghana is expected to bring transformative change to the criminal justice system. By reducing prison overcrowding, it will improve conditions in correctional facilities and uphold human rights standards. Offenders will have the opportunity to rehabilitate through community service and reintegration programs, lowering recidivism rates and fostering social responsibility. Additionally, Non-Custodial measures will ease the financial burden on the state by reducing incarceration costs while ensuring justice is served in a fair and restorative manner. Ultimately, this reform will create a more balanced and effective justice system that benefits both individuals and society as a whole.

Parole System under the Constitution of Ghana

The Constitution of the Republic of Ghana vests the Prisons Service with the authority to set up and run a parole system for convicted accused persons in Ghana. According to article 208(2), the Prisons Service Council may, with the prior approval of the President, by constitutional instrument, make regulations for the performance of its functions under this Constitution or any other law and for the effective and efficient administration of prisons and the Prisons Service. The regulations include the institution of a parole system and the periodic review of the conditions of prisoners and all other persons in legal custody at intervals of not more than one year. Like the Probation Service, the Parole system has suffered from the inaction of the Prison Service Council and still remains a mere pronouncement under the Constitution.

The POS Foundation together with the Criminal Justice State Actors, having successfully run the JFAP, IPP, and introduced the Community Service Bill, engaged the service of a consultant (Ms. Estelle Appiah) veteran Legislative drafter to develop a draft Constitutional instrument - CI / Regulation towards a holistic approach in Prison decongestion from both Legislative and programmatic intervention. The POS Foundation and Ghana Prison Service engaged several stakeholders within the public sector including the Parliamentary commitee on Subsidiary Legislation.

Non-Custodial Sentencing in Ghana - Community Service and Parole.

Status of Ghana’s Community Service Bill

The Development of the Community Service Bill

Advocacy and Stakeholder Engagement

Impact of adoption

Parole System under the Constitution of Ghana

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