Judiciary should develop sentencing guideline- CDD

Accra Nov.5, GNA- The Centre for Democratic Development (CDD) Ghana has appealed to the Chief Justice, Mr Justice George Kingsley Acquah to look

at developing a sentencing guideline for the judiciary as a way of decongesting the prisons.

It further asked the Attorney General to consider a review of the Criminal Procedure Code 1960 (Act 30) to develop proper and well thought out provisions for community service and suspended sentences.

Mr. Kojo Pumpuni Asante, Governance and Legal Policy Officer of CDD-Ghana made the appeal at a workshop in Agona Swedru on Saturday. The workshop, organized by the CDD-Ghana, Commission on Human Rights and Administrative Justice and Ministries of Justice (CHRAJ) and the Interior sought to finalize and adopt an action plan for non-custodial sentencing in Ghana.

Non-Custodial Sentencing enable offenders to offer community services in minor cases such as assault, petty stealing, among others. Speaking on the topic: "Incorporating non-custodial sentencing into Ghana's criminal Justice System: Diagnosis/Finding and Proposals," Mr. Asante said there had been prolonged detention of remand prisoners. He said CHRAJ's 2002 and 2003 inspection of prisons and police cells revealed severe congestion, poor ventilation, widespread malnutrition and improper classification of prisoners.

Mr. Asante mentioned that statistics on prison congestion in 1999 showed that Ghana's Prison, which had the capacity of 5,000, housed 9,783 inmates.

"As of May 2004, the 43 prisons in Ghana had the capacity of 6,500 but housed 11,830 inmates, an over-crowding rate of 82 per cent. He said as a result of the over-crowding, most prisoners do not gain any employable skill, whiles first time and petty offenders mix with die hard and more experienced criminals.

Government in 2004 spent about 17.5 billion cedis on prisoners' food, excluding healthcare, beds and uniforms, among others.

Looking at Ghana's Criminal Justice System, the Governance and Legal Officer noted that it lacked sentencing policy and communication and coordination gaps among institutions as well as lack of use of non custodial sentencing options.

Mr. Asante said if non-custodial sentencing were introduced, it would not only relieve prison congestion but also would rehabilitate, re-educate and reintegrate offenders.

He said non-custodial sentencing exists in 1992 Constitution, as well as Criminal Procedure Code 1960, Act 30 but it had not been adequately utilized.

He therefore, recommended that Chief Justice should consider the option of setting up weekend courts on a pilot basis to clear back-log of cases.

He also stressed the need to fully utilize supervisory powers of High Court Judges, which allowed the revision of the decision of magistrates, whenever necessary.

Mr. Asante called for setting up of hotline in the Offices of CHRAJ for friends and relative of suspects who think they had been in remand prison for too long.

"The Chief Justice, Inspector General Police and the Director General of Prison must as a matter of urgency review the process of application certification, inspection and renewal of judicial warrant to ensure that suspects are not remanded on expired and improper certified warrants," he added.

Nii Osah Mills, a Senior Criminal Law Practitioner appealed to the Inspector General of Police to issue directives to police prosecutors to stop the unlawful practice of refusing female sureties in the grant of bail to suspects.