Stakeholders have been called upon to create awareness about the need for quick enactment of the Community Service Bill.
The Bill which has been considered as standard practise in internationational justice system which when passed is expected to ensure that custodian sentence for minor or petty offences are replaced with a more productive sanctions.
In Ghana there are five degrees of offenses that are recognized by the constitution .For example capital offenses, for which the maximum penalty is death by hanging include murder, treason, and piracy. Also there is First-degree felonies punishable by life imprisonment which is also limited to manslaughter, rape, and mutiny.
However, Second-degree felonies, punishable by ten years’ imprisonment, include intentional and unlawful harm to persons, perjury, and robbery. Misdemeanors, punishable by various terms of imprisonment, include assault, theft, unlawful assembly, official corruption, and public nuisances. Increased penalties apply to individuals with a prior criminal record.
The bone of contention has been certain minor offences that falls under second degree felonies which could take a victim to prison for not more than 10years.
The unproductive aspect of Custodian Sentencing has become a major concern to all stakeholders within the justice fraternity which many believe when replaced with community Sentence will rather reform offenders, benefit society, victims and reduce the cost burden on government.
In a sensitisation workshop for key stakehoders on Community Service Sentence in Ghana by the United States Agency For International Development(USAID) Under the Jusitce support activity at Akroma Plaza Hotel, Takoradi on 24th June, 2022 Madam Mina, Director, Common Wealth Human Right Initiative who spoke on the topic Community Service Sentencing: A Prerequisit to Enhance Justic delivery in Ghana emphasised on why Community Service Sentencing is the way to go, according her, even though there are disadvantages of Community Service Sentencing its advantages outweigh the problems assosociated with Custodial Sentencing so why keep custodial sentencing? She asked.
She also added that the community Sentence is more productive since offender does not only become cost to the nation but they pay back for the offence.
“For custodial sentencing, the victim doesn’t get anything, so offenders should be made to work for their community instead of putting them in prison”.
According to legal practitioner lawyer Samuel Adinkra, who took his turn to talk about the essence of Community Service sentencing, he said that community service sentencing is a way of punishing minor offenders where they will not be in prison but would be made to work for their communities which is a better option.
“We should not let people go to prison for minor offences or misdemeanors. They should be made to do community works to even benefit their communities.”
He further charged stakeholders to put pressure on Executive and Parliament to speed up the passage of the bill since judges will continue to excercise their discretion untill the law allows them to do the otherwise.
Representing the prison service was the paralegal officer of Prison Service, Sekondi, Supt. Ibrahim Yakub who lamented on overcrowding in the sekondi prison and asserted that the community sentencing is indeed the way to go.
“We believe that when the community centence come into being it will decongest the prisons, for example Sekondi Prisons was build to accommodate 400 inmates but currently it is hosting over 500 inmates, apart from the congestion it is also a cost to the government therefore I think the community Service is the way to go” .
Finally, Esther Poku-Aduhene, Programme Manager Common Wealth Human Right institute explained that community Sentence is not expected to be too long to a point that it could take the victim back to the prison therefore it is important for countries to adopt international standard practise
” I will not propose a fixed time. Like I said, the duration of the community Sentence is internationally determined . For the best practices you are supposed to commit the person to serve at the community level for a particular minimum or period of time, but not for a very long time because that can also serve as a discouragement to the person not to do the order”
She also added that sometimes people only limit community service to sweeping, cleaning and other menial jobs but it is important to note that community Sentence takes into consideration the occupation of the offender to attach him to an institution where offender’s service is best needed.
This also comes with strict supervision and periodic report on the performace of the offender to the court to ensure that offender is performing.
