Madina MP introduces new bill to allow community sentencing

Reports show that in Ghana prison population has increased from 9507 in the year 2000 to 15,228 in 2023. According to Ghana Prison Authority, the Prison system accommodates 15, 228 individuals including remand prisoners and pre trial detainees showing an excess of 4963 (Over 30% congestion)

Nsawam Medium-Security Prison is the most populous. It accommodates 4000 people which is over 5 times its original capacity of 700.

Same could be said of Kumasi Central Prison which was originally constructed for about 400 people now houses about 2000 inmates and same applies to other prisons across the country. The levels of congestions in our prisons are unacceptable and need urgent legislative intervention.

These matters of overcrowding are matters of serious human rights violations particularly for those who are petty offenders or those who end up in prison for poverty Offences or misdemeanors, they turn to be violated the most. Overcrowding in the prisons violate Article 15 of the 1992 Constitution.

Article 15 (1) provides that ”The dignity of all persons shall be inviolable.” It means every Ghanaian whether in prison or not has human dignity that must be protected

Article 15(2) provides that “No person shall, whether or not he is arrested, restricted or detained, be subjected to- torture or other cruel, inhuman or degrading treatment or punishment; any other condition that detracts or is likely to detract from his dignity and worth as a human being. This provisions clearly shows that the mere fact that you are in prison does not mean you lose your humanity and can be treated any how. The overcrowding state of our prisons is a serious violation of this provision because the current conditions of our prisoners amounts to torture, cruel and inhuman treatment

Article 15(3) provides that “A person who has not been convicted of a criminal offence shall not be treated as a convicted person and shall be kept separately from convicted persons” The practice in Ghana is direct opposite because those on remand turn to suffer even more than those who are actually imprisoned

The Community Service Bill, 2023 which also provides for the Bond of Good Behavior and other forms of alternative sentences other than custodial or fines would go a long way to secure the rights of every petty offender in accordance to Article 12 of the 1992 Constitution.

PROPROSED AMENDMENT TO ACT 30 TO INTRODUCE COMMUNITY SERVICE AND BOND OF GOOD BEHAVIOR AS ALTERNATIVE PUNISHMENT FOR PETTY OFFENDERS

On Wednesday, 20th December, 2023, the Honorable Member of Madina, Francis-Xavier Kojo Sosu initiated a new bill in Parliament to amend the Criminal and Other Offences (Procedure) Act, 1960 (Act 30) to introduce community service and Bond of Good Behavior as alternative to the traditional custodial sentences and fines for petty crimes generally referred to as misdemeanors where the punishment for the offence is not already specified or provided for.
Community service in the context of criminal justice refers to a form of alternative sentencing or punishment that involves individuals who have committed offenses performing unpaid work or service for the benefit of the community.

Community Service is available as a penal measure in many countries worldwide and has become one of the most popular community sentences among the public and the judiciary mainly because it serves numerous purposes and aims. These include diversion from custody, reduced costs to the criminal justice system, reparation and rehabilitation and provides tangible benefits for the community.

Community service can take various forms, including cleaning up public spaces, participating in environmental projects, working in community centers, assisting with social services, or engaging in other activities that benefit the community.

On the other hand, a bond of good behavior typically refers to a court-ordered condition or requirement imposed on an individual who has been involved in criminal activity. This condition is often part of a sentence and is intended to ensure that the person behaves lawfully and responsibly during a specified period.

The bond of good behavior is a legal mechanism designed to monitor and encourage positive conduct while holding the individual accountable for their actions. Violating the conditions of a bond of good behavior can result in legal consequences, including the imposition of the original sentence, additional fines, or other penalties. The concept aligns with restorative justice principles by encouraging individuals to demonstrate a commitment to positive change and take responsibility for their actions. It emphasizes rehabilitation and reducing the likelihood of reoffending.
It often includes elements that promote community integration, such as maintaining stable housing, employment, and positive relationships. This helps individuals become productive members of society. A bond of good behavior is a legal mechanism used in criminal justice to encourage positive conduct, deter future criminal behavior, and provide individuals with an opportunity for rehabilitation. It reflects a commitment to addressing the root causes of criminal activity while holding individuals accountable for their actions.

Instead of serving time in jail or paying fines, Community Service or the Bond of Good Behavior, allows offenders to contribute their time and efforts to community-oriented projects or organizations to address the consequences of their actions, promote rehabilitation, and enhance community well-being in general.

In the first place, this proposal provides alternative to Custodial Sentence and Fines: Community service and Bond of Good behavior serves as an alternative to traditional forms of punishment, such as imprisonment or payment of fines. It allows offenders to remain in the community while still being held accountable for their actions. This also helps to decongest the prisons. As at December, 2023, Ghana’s prison population stands at 13,200 despite authorized capacity of 9,945 giving an Overcrowding rate of 32.65 per cent. An introduction of Community Service would go a long way to resolve this challenge.

Again, with the punishment evolving, Restorative Justice is currently the way to go: Community service and Bond of Good behavior are perfect example of restorative justice where the community turns to benefit directly from offenders. Through the unpaid services to the community, offenders are given the opportunity to repair the harm they caused to individuals or the community, fostering a sense of responsibility and accountability.

Additionally, engaging in community service can provide offenders with opportunities for rehabilitation and skill development. It offers a chance for individuals to learn new skills, gain work experience, and develop a sense of responsibility. It also encourages active involvement of the community in the rehabilitation process. This engagement helps build a sense of community responsibility and can contribute to breaking the cycle of criminal behavior.

Research suggests that community service can have a positive impact on reducing recidivism rates. By addressing the root causes of criminal behavior and providing meaningful opportunities for rehabilitation, individuals may be less likely to reoffend.

Overall, community service and bond of good behavior in criminal justice represents a more community-oriented and rehabilitative approach to addressing offenses, particularly petty offences with a focus on repairing harm, promoting accountability, and fostering positive change in individuals.

EFFECT OF PROPOSED AMENDMENT TO ACT 30 TO INTRODUCE COMMUNITY SERVICE AND BOND OF GOOD BEHAVIOUR.

If the proposed amendments go through, Community Service and Bond of Good Behavior would be options available to the Court if anyone is convicted under any of the following provisions (Petty Crimes) under Act 29. The Provisions below are misdemeanors which currently carry a Fine or Custodial Sentences. With the proposed amendments Community Service and Bond of Good Behaviors would be Considered first before any Other Sentence. The Offences under Act 29 Are:

Section 22—Duty to Prevent Felony
Section 25—Harbouring Criminal
Section 72—Negligently Causing Harm
Section 84—Assault
Section 88A.—Cruel Customs or Practices in Relation to Bereaved Spouses, etc.
Section 109—Compulsion of Marriage
Section 112—Negligent and Intentional Libel
Section 137—Charlatanic Advertisements in Newspapers
Section 139—Improper Removal of a Dealing with Stamps on Postal Matters,
Section 141—Fraud in Sale or Mortgage of Land
Section 142—Fraud as to Boundaries or Documents
Section 143—Fraud as to thing Pledged or taken in Execution
Section 144—Fraud in Removing goods to Evade Legal Process
Section 145—Fraud by Agents
Section 154—Instruments Intended or Adapted for Unlawful Entry
Section 155—Being on Premises for Unlawful Purpose
Section 172—Causing Unlawful Damage
Section 182A—Power to Prohibit Certain Organisations
Section 183A—Limitation on Institution of Proceedings
Section 183B—Offence and Penalty for Unqualified Persons Sitting or Voting in Parliament
Section 184—Insulting the National Flag and Emblem
Section 190—Evasion of Naval, Military, or air Service
Section 191—Taking or Administering Unlawful Oath
Section 198—Riot
Section 200—Provocation of Riot
Section 202—Unlawful Assembly
Section 202A—Forcible Entry
Section 203—Challenging or Agreeing to Fight with Weapons
Section 204—Disturbance of Lawful Assembly
Section 205—Assault, etc., on Public Officer
Section 207—Offensive Conduct Conducive to Breaches of Peace
Section 208—Publication of False news with Intent to Cause fear and Alarm to Public
Section 209—Discharging Guns, etc., in Town
Section 215—Deceit of Court by Personation
Section 216—Deceit by Paper Resembling Court Process
Section 217—Causing Witness to Disobey Summons
Section 218—Causing Person to Refrain from Giving Evidence on Criminal Trial
Section 219—Disobedience to Summons as Witness
Section 223—Disturbance of Court
Section 224—Insulting Court  Declassify into minor offence.
Section 225—Exciting Prejudice as to Proceeding Pending in Court
Section 226—Resisting Arrest and Rescue
Section 233—Advertising a Reward for the Return of Stolen Property, etc.
Section 234—Compounding Crime
Section 237—Falsely Pretending to be Public Officer or Juror, etc
Section 262—Bigamy
Section 264—Marriage with a Person Previously Married
Section 266—Fictitious Marriages
Section 267—Personation in Marriages
Section 268—Unlawfully Performing Marriage Ceremony
Section 269—Making false Declaration, etc., for Marriage
Section 270—False Pretence of Impediment to Marriage
Section 274—Persons Trading in Prostitution
Section 275—Soliciting or Importuning for Immoral Purposes
Section 276—Soliciting or Importuning by Prostitute
Section 277—Keeping a Brothel
Section 278—Gross Indecency
Section 278A—Immoral or Indecent Customs or practices in relations to
Section 280—Publication or Sale of Obscene Book, etc
Section 281—Further Offences Relating to Obscenity
Section 282—Indecent Inscriptions
Section 283—Persons Sending Others to do the Acts Punishable under Section 282
Section 284—Advertisements as to Syphilis, etc., Declared Indecent
Section 285—Hindering Burial of Dead Body, etc
Section 287—Carrying on of Noxious Trade, and other interference with Public Rights
Section 290—Habitual Drunkenness
Section 291—Being Drunk or Disorderly
Section 292—Penalty for Harbouring Thieves, etc.
Section 293—Allowing Houses, etc., in Town to be used for Drumming.
Section 294—Drumming etc., near Court during Sitting.
Section 295—Drumming with Intent to Challenge or Insult
Section 296 – Assembling for idle, etc., purpose, and not dispersing when required.

Read the full bill :

PROPROSED AMENDMENT TO ACT 30 TO INTRODUCE COMMUNITY SERVICE AND BOND OF GOOD BEHAVIOR AS ALTERNATIVE PUNISHMENT FOR PETTY OFFENDERS