Non-Custodial Sentencing

Criminal justice administration has been beset
by a myriad of challenges, ranging from ineffective or incomplete investigations, delays in criminal trials, congested court dockets, the awaiting trial syndrome and the attendant congestion of our prisons.
Most inmates in our prisons were arrested for very flimsy reasons, a good example is a young man who stole Nokia battery, he was remanded in prison custody alongside others with bigger offences. Instead of returning a repentant thief, he came out a hardened criminal.
The prison which original intent is to bring reformation in the lives of its inmates is now a training ground for hardened criminals. Hence the need for non-custodial sentencing.
Non-custodial sentencing refers to sentencing which does not require the offender to be kept in an enclosed area, i.e. in the custody of the law enforcement agency. Simply put, it is a form of punishment which does not involve being kept in prison. It could be in form of fines, whipping, forfeiture, community service orders, compensation, probation, teleportation and suspended sentence.
Despite the about 5,000 inmates released across the country by the presidential committee on prison reform and decongestion, statistics suggest that as at July 2019 the population of prison inmates in Nigeria is about 73,995 and 50,427 of them are awaiting trial. Amongst those awaiting trial, some have even served well beyond the terms of imprisonment of the offence which they were charged for.
The Administration of Criminal Justice Act (ACJA), in its desire to enhance Non-custodial sentencing alternatives, empowers the court to:
Impose fine in lieu of punishment, taking into consideration the financial capacity of the convict at the same time balancing it with the need of such fines to serve as deterrent.
Suspend the sentence and order the convict to perform specific service in his community or such community as the court may direct.
Release the offender on probation, having taken into account his antecedents, age, health or mental condition and the trivial nature of the offence. (Probation is a pre conviction order whereby a defendant or probationer is discharged or released from confinement on conditions and under court supervision).
Release convict on parole on the recommendation of the comptroller general of prisons, that the convict is of a good behaviour and had served at least one third of his prison term of at least 15yrs of life imprisonment.
Note that compliance to these provisions have been hampered due to inadequate logistics and facilities to enhance and supervise their operations. Non custodial sentencing, if implemented wholly as written in the books, the Nigerian prisons will be of international standards. Decongestion will be a thing of the past.

Nkechi Bright-Ewere