Executive Director of the POS Foundation, Jonathan Osei Owusu, says the newly assented Community Service Act will help decongest Ghana’s overcrowded prisons while providing an alternative form of punishment for offenders convicted of certain minor offences.

Speaking exclusively to Class Media Reporter, Gordon Sackitey, Mr. Osei Owusu described the passage of the law as a major relief to actors within Ghana’s criminal justice system, explaining that it gives judges the discretion to impose community service on offenders who would otherwise receive relatively short custodial sentences.

According to him, the law, which was formerly the Community Service Bill, covers about 50 misdemeanours and allows eligible offenders to serve their sentences through unpaid community work rather than imprisonment.

“Judges have the discretion that if somebody might have committed a crime or an offence that the judge deems it necessary to sentence the person to any term of imprisonment three years below, qualifies to be considered under the Community Service law,” he explained.

Mr. Osei Owusu said the intervention is particularly important in addressing overcrowding in Ghana’s prisons, citing the Nsawam Medium Security Prison as an example.

He said the facility, which has an authorised capacity of about 850 inmates, is currently accommodating close to 3,300 prisoners.

He noted that some inmates serving time for relatively minor offences could instead have been made to undertake useful community service.

“Some might have just gone to steal goats, some might have gone to steal plantain and they are languishing in jail. They could have served on the streets, in the hospitals as cleaners, as any other staff,” he said.

Under the new law, community service sentences may run for up to six months, during which eligible offenders will perform unpaid services for the benefit of the communities.

But Mr. Osei Owusu has moved to allay concerns that the new law amounts to being soft on criminals or granting offenders a pardon.

He stressed that the Community Service Act is a targeted criminal justice reform and does not cover serious crimes.

“And so everybody should have it in mind that this is not a lenient way of dealing with criminals but there are some crimes that are petty. Sometimes others do that out of mistakes but they have to go in. Meanwhile they could serve the nation and then be punished by working for free without pay and then they gain their freedom as well,” he stated.

He also emphasised that serious offences such as murder, robbery, rape and other sexual offences are excluded from the community service arrangement.

“The public should be rest assured that there are some offenses, crimes that are not part of the community service. The felonies, murder, robbery, rape, all the sexual offenses they are not part,” he stressed.

The POS Foundation Executive Director further clarified that community service is not automatic for every offender who commits an offence covered by the law.

He elucidated that the decision ultimately rests with the judge, particularly where the court is considering a sentence of less than three years.

“It is the magnitude of the sentence…The community service is the discretion of the judge if he is going to give you any sentence less than three years and that does not mean the judge don’t have the discretion to sentence you to custodial sentence,” he added.

Mr. Osei Owusu added that the legislation has undergone extensive reviews, stakeholder engagements and regional consultations before being passed, stressing it is not intended to release criminals or pardon people from serving their sentences.

He also believes its implementation will not only reduce congestion in the prisons but also promote rehabilitation and enable offenders convicted of minor offences to contribute positively to society while serving their punishment.

Mr. Osei Owusu expressed satisfaction that the long-awaited legislation has finally received presidential assent but called on the government and the relevant ministry to expedite the processes required for its implementation including the necessary Legislative Instrument.

“So we are happy and excited that the Community Service Bill has now finally become an Act. And we are waiting on the Ministry to expedite action with this government to be able to do the implementation,” he stated.

The POS Foundation Executive Director noted that an effective implementation of the law could significantly ease the pressure on Ghana’s prison system while ensuring that punishment for minor offences does not unnecessarily result in prolonged incarceration.