By: Tracy Abena Serwaa Frimpong
Abstract
Ghana’s criminal justice framework has long been characterised by imprisonments even for misdemeanours and minor offences. But recently, the Parliament of Ghana has taken a major step through the passage of the Community Service Bill 2026 to introduce community service as an alternative to imprisonment for minor offences. However, community service represents a single aspect of a comprehensive non-custodial sentencing system required by the United Nations. The country’s sentencing framework remains relatively limited in scope when compared with international standards and best practices. Many prisons around the world are plagued with overcrowding in prison management systems. Currently, there are over 11.7 million imprisoned persons worldwide.[i] Prisons in 118 countries including Ghana have exceeded their occupancy limits, with 11 national prison systems experiencing levels exceeding 200% of their designed capacities.[ii]This paper explores the various non-custodial sentencing alternatives apart from community service which have been under-utilised in Ghana’s criminal system and how Ghana can maximise the broader framework of non-custodial sentence measures to comply with international standards.
I. Introduction
According to the World Prison Population List, the prison population rate per 100,000 of the 34.51 million Ghanaian population stands at 41 as at August 2025 while Pre-trial detainees or remand prisoners constitute 11.4 percent of the prison population in Ghana.[iii] Ghana’s prison occupancy level stands at 137.7 percent ranking 75th in the world for exceeding its occupancy limit.[iv] Over 11.5 million people worldwide have been imprisoned for minor and nonviolent offences while over 3 million are remand prisoners.[v]
Despite these numbers, non-custodial sentences are under-utilised for minor offences without sufficient consideration of the importunate overcrowding issues and limited funds available for prison welfare. This problem necessitated the passage of the Community Service Bill 2026 by the Parliament of Ghana. However, there are broader alternatives to be considered aside community service to reduce prison overcrowding, promote rehabilitation, restorative justice, social integration, reduce recidivism and comply with international standards and best practices.
Prior to the Community Service Bill 2026, non-custodial sentences under the Criminal and Other Offences (Procedure) Act, 1960 (Act 30)[vi] included fines, payment of compensation, liability to police supervision[vii] and recognisance with or without sureties, for keeping the peace and to be of good behaviour.[viii] These sentences proved inadequate as the Act[ix] provides for prison sentences between 6 months and 3 years for misdemeanours, putting more minor offenders at risk of imprisonment at the taxpayer’s expense and recidivism. Although the introduction of Community Service would reduce prison overcrowding, the introduction of Community Corrections in Ghana is necessary to improve our criminal justice system.
II. Community Service Versus Community Corrections
Community Service is one aspect of Community Corrections. According to Ghana’s new Community Service Bill 2026, it means unpaid public work performed by a convicted person within a community for the benefit of that community for a period of not more than six months for which the court would have sentenced the convicted person and expressed in hours of service including (a) any physical work that promotes afforestation, land reclamation and any other form of environmental conservation; (b) general cleaning of a street, a park, a gutter or any other public space; (c) maintenance work in a public school, a public hospital or any other institution that provides a public service or an amenity; (d) construction and maintenance of a public property; (e) rendering a specialist or professional service in a community and for the benefit of the community; and (f) any manual work that the court may approve in consultation with a probation officer.[x]
Community Corrections on the other hand consists of broader alternatives to imprisonment. It is a court-imposed system for offenders to serve all or part of their sentences outside of prison. [xi] The role of the community corrections system is to enforce the orders of the court which mandate the release of an individual into the community at either the pretrial stage, after trial but before sentencing, after sentencing or after imprisonment. [xii] It comprises a broad range of non-custodial alternatives including diversion, probation, parole, community service, day treatment and residential treatment through which offenders are supervised within the community rather than in prison.[xiii] These measures are designed to reduce reoffending, protect the public, attend to the needs of victims and support offender rehabilitation and reintegration.
Diversion
Diversion is a process whereby an individual, at some stage, is routed away from continuing in the formal justice process. Diversion is an action that would effectively keep a person in the community and, in some cases, out of the criminal justice system altogether.[xiv] It involves diverting a person away from the criminal justice system when the cause of the offence is identified. For example, a person arrested for trespass may be diverted to a shelter or housing program when the cause of the trespass was to find a place to sleep[xv] or a drug user may be diverted to a drug treatment program. A person may be diverted to mental health treatment, rehabilitation activities, alcohol treatment and alcohol abstinence and monitoring programmes.
Probation
Probation is a form of a suspended sentence, in that, prison sentence of the convicted individual is suspended, for the privilege of serving conditions of supervision in the community.[xvi] Probation is practiced in countries like the USA. It involves conditions imposed by the court for the supervision and rehabilitation of offenders. Conditions may include regular reporting to probation officers, participation in treatment programs, drug testing, avoiding contact with known offenders and fulfilling financial obligations such as restitution or fines. The duration and intensity of probation depend on the nature of the offence and the individual’s circumstances. Individuals on probation are supervised by a probation officer who enforces compliance of the conditions through monitoring, drug testing, home visits and arrests where necessary. They also play a major supportive role[xvii] in the rehabilitation process, like assisting offenders with education, employment, treatment programs and offering general support for reintegration. [xviii]
Parole
Parole refers to the conditional release of criminal offenders from prison to serve the outstanding part of their prison term in the community. Prisoners may be discharged to parole by a parole board decision (discretionary release/discretionary parole), according to provisions of a statute (mandatory release/mandatory parole), through other forms of post-custody conditional supervision, or as the result of a sentence to a term of supervised release.[xix] Parole exposes prisoners to the outside world, making reintegration easier. During this time, they are supported with counselling, housing and employment opportunities. Parole also serves as an opportunity to assess behavioural change and supervise the prisoner in a free environment.
III. The Community Service Bill: A Major Development
The Community Service Bill, 2026 is a shift from incarceration as a main form of punishment in Ghana. However, there are several non-custodial sentencing types available in other jurisdictions which remain untapped by Ghanaian penal policy and laws. Our laws must be expanded to incorporate broader measures to reduce prison crowding and improve prison conditions.
IV. International Standards as a Guide to Non-Custodial Sentencing in Ghana
International laws and standards advocate for the increased use of non-custodial punishment since they address the root causes of criminal behaviour, thereby creating a safer environment for the rest of the country’s population. Such international protocols include the United Nations Standard Minimum Rules for Non-Custodial Measures (Tokyo Rules), United Nations Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules), United Nations Rules for the Treatment of Women Prisoners (Bangkok Rules).
Alternative Sentencing; The United Nations Standard Minimum Rules for Non-Custodial Sentencing Measures (Tokyo Rules) 1990
The Tokyo Rules[xx] provide that non-custodial measures must be prescribed by law and applied based on clear criteria, including the nature of the offence, the offender’s background, sentencing goals, and the rights of victims[xxi]. Judicial or competent authorities must exercise discretion with full accountability and in accordance with the rule of law. Where such measures are applied before or instead of trial, the offender’s consent is required. Offenders have the right to request a review of such decisions and to make complaints about how the measures affect their rights. Mechanisms must be in place to address human rights violations, and at no point should these measures involve harmful practices or infringe upon the offender’s dignity. Importantly, the implementation of non-custodial measures must not impose restrictions beyond those authorised by the original decision. Non-custodial punishments comprise a range of measures. The UN Standard Minimum Rules for Non-Custodial Measures (the Tokyo Rules) provides various sentencing options which judicial authorities should consider in sentencing convicts.[xxii] These include:
a. Verbal sanctions, such as admonition, reprimand and warning.
b. Conditional discharge; where an offender is released on condition that he must avoid reoffending.
c. Status penalties; these deny an individual of certain rights in the community.
d. Economic sanctions and monetary penalties, such as fines and day-fines.
e. Confiscation or an expropriation order; where the government confiscates or officially takes away property rights or proceeds from crime to be converted to public use.
f. Restitution to the victim or a compensation order; where the offender returns to the victim what he or she lost because of the offence or makes payment to a state-run compensation scheme.
g. Suspended or deferred sentence; where a sentence of imprisonment is pronounced but its implementation is suspended pending compliance with conditions set by the court.
h. Probation and judicial supervision; to provide information to the court and to monitor and supervise the offender’s behaviour in the community, while assisting them with problems they may face.
i. A community service order; requiring released offenders to do unpaid work for a certain number of hours or perform specific tasks for the community.
j. Referral to an attendance centre; that offers, for example, rehabilitation treatment programmes for drug users, counselling services or therapeutic interventions to address offending behaviour.
k. House arrest; where the offender’s movement is restricted to his or her home.
l. Any other mode of non-institutional treatment. This may, for example, include electronic monitoring.
j. Medical including (alcohol and drugs) or psychiatric treatment with or without probation. [xxiii]
The Tokyo Rules do not limit the courts to only one disposition. Judges at their discretion may make use of more than one non-custodial measure to achieve favourable outcomes on the rehabilitation of the offender while ensuring deterrence.
Pretrial Detention
There are currently over three million people globally who are in penal institutions as pre-trial/remand detainees.[xxiv] In Ghana, the pretrial/remand population rate per 100,000 of the national population is 5.[xxv] This means that out of every 100,000 people in Ghana, 5 of them have been detained pending trial. While presumed innocent until proven guilty[xxvi]by a court of competent jurisdiction, pretrial detainees are often held in worse conditions than convicted offenders and sometimes for long years, which contribute to overcrowding in prisons.[xxvii]. The Commentary on the Tokyo Rules[xxviii] places a huge emphasis on the restricted use of pretrial detention. As much as possible, alternative measures to imprisonment should be considered during pretrial, and pretrial detention should be the last resort. Rule 6.2 of the Tokyo Rules (1990) provides that “alternatives to pretrial detention shall be employed at as early a stage as possible.”[xxix]
Gender Responsive Non-Custodial Measures; the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (Bangkok Rules) 2010
Gender responsive approaches identify the underlying causes that lead women to the criminal justice system and create an environment that responds to the realities of their lives while addressing the underlying issues. These approaches address cultural and social factors such as poverty, race, class, and gender.[xxx]
Rule 57 of the Bangkok Rules[xxxi] provide that gender-specific options for diversionary measures and pretrial and sentencing alternatives shall be developed within Member States’ legal systems, taking account of the history of victimisation of many women offenders and their caretaking responsibilities[xxxii]. Most women offenders pose lower risks to public security and safety and majority of offences by women are because of deprivation, domestic violence, sexual abuse, discrimination and other social disadvantages.[xxxiii] Utilising non-custodial measures to keep women, especially mothers out of prison are necessary to prevent institutionalisation and future incarceration of their children. Diversion to mental health programmes, drug/alcohol addiction treatment, counselling for trauma from abuse and sexual exploitation would address the needs of women offenders than imprisonment would,[xxxiv] reducing the risk of exposure to criminal company in prison.
The Bangkok Rules promote diversionary measures and pretrial and sentencing alternatives for women where possible[xxxv] and for non-separation from their families without considering their backgrounds and family ties.[xxxvi]
Non-custodial means of protection such as shelters managed by independent bodies, non-governmental organisations or other community services, shall be used where a woman needs protection.[xxxvii] Such temporary protection measures. including custody, shall be applied with the consent of the woman.[xxxviii]
The rules mandate the allocation of appropriate resources for the creation of alternative crime response strategies for women offenders. These strategies must combine non-custodial measures with interventions which can address the most common problems that lead to women’s contact with the criminal justice system. These may include therapeutic courses and counselling for victims of domestic violence and sexual abuse; suitable treatment for those with mental disability; and educational and training programmes to improve employment prospects. Such programmes shall take account of the need to provide care for children and for women-only services.[xxxix]
Courts are encouraged to consider mitigating factors such as lack of criminal history, relative non-severity and nature of the criminal conduct, in the light of women’s caretaking responsibilities and typical backgrounds.[xl] Gender-sensitive, trauma-informed, women-only substance abuse treatment programmes in the community and women’s access to such treatment shall be made available and enhanced, for crime prevention, diversion, and alternative sentencing purposes.[xli]
V. Conclusion
Community orders should be intended to address the causes of criminal behaviour to reduce the likelihood of reoffending [xlii] and should not be seen only as punishment in the form of labour. The community service period prescribed by Ghana’s Community Service Bill does not go beyond 6 months which raises questions about what happens to the offender after completion of community service. Are they entitled to mental health services and counselling, education or vocational skills training if they have none? Are they diverted into programmes that address the causes of their criminal behaviour? Although community service is a non-custodial measure, the focus is not on the offender but on reducing government costs related to prison management and overcrowding concerns. Leveraging the broader framework of non-custodial measures provided by international guidelines have the tendency to work on the offender’s rehabilitation. Diverting offenders of minor offences to rehabilitation treatment programmes for drug users, counselling services or therapeutic interventions address offending behaviour. In the year ending June 2019, 90% of sentences in England and Wales were non-custodial.[xliii] Non-custodial sentences have proven to reduce reoffending[xliv] and this indicates that it is possible to address crimes by utilising the various types of non-custodial measures with less offenders facing incarceration.
VI. Recommendations
1. A broader legal framework that makes provision for the alternative sentencing approaches provided for by international protocols such as the United Nations Standard Minimum Rules for Non-Custodial Sentencing Measures (Tokyo Rules) 1990 and the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (Bangkok Rules) 2010 is needed to reduce prison overcrowding drastically and promote offender rehabilitation
2. Police and prosecutors have a significant part to play in the use of diversion strategies. They are at the forefront of the criminal justice system since they encounter offenders before the courts. They should have the discretion to issue a caution or to fine, or to refer individuals to an intervention pathway rather than to prosecute them, especially for minor offences. Police discretion in respect of diversion must be applied on a lawful, transparent and principled basis. Police officers need clear guidance on when they can issue warnings and take no further action, when they can divert offenders to interventions or treatment programmes and when they must refer offences to prosecutors.[xlv]
[i] Rope O and Sa-ardyen P Dr, “Global Prison Trends 2026” (Penal Reform, May 2026) <https://cdn.penalreform.org/wp-content/uploads/2026/05/PRI-Global-Prison-Trends-2026.pdf> accessed July 27, 2026
[ii] ibid
[iii] World Prison Brief, “Ghana” (World Prison Brief, 2026) <https://prisonstudies.org/country/ghana> accessed July 27, 2026
[iv] ibid
[v] “The Issue” (Penal Reform International, May 3, 2013) <https://www.penalreform.org/issues/alternatives-to-imprisonment/issue/> accessed July 27, 2026
[vi] Criminal Offences Act 1960 s 294,
[vii] ibid
[viii] Ibid s 299
[ix] Criminal Offences Act
[x] Community Service Bill 2026
[xi] Supplee R, Introduction to the American Criminal Justice System: An Equity Lens (Open Oregon Educational Resources 2025) <https://openoregon.pressbooks.pub/crimjustsysintro/chapter/9-2-the-role-of-community-corrections/> accessed July 16, 2026
[xii] Sydney L and National Institute of Corrections, U.S. Department of Justice, “Gender-Responsive Strategies for Women Offenders” 2 <https://www.prearesourcecenter.org/sites/default/files/library/14genderresponsivestrategiescommunity.pdf > accessed July 16, 2026
[xiii] Ibid
[xiv] Supplee Roxie. Introduction to the American Criminal Justice System: An Equity Lens (Open Oregon Educational Resources 2025) <https://openoregon.pressbooks.pub/crimjustsysintro/chapter/9-2-the-role-of-community-corrections/> accessed July 16, 2026
[xv] Ibid
[xvi] Ibid
[xvii] United Nations Office on Drugs and Crime, “Handbook of Basic Principles and Promising Practices on Alternatives to Imprisonment” <https://www.unodc.org/documents/justice-and-prison-reform/crimeprevention/Handbook_of_basic_principles_and_promising_practices_on_Alternatives_to_Imprisonment.pdf> accessed July 16, 2026
[xviii] Supplee R, Introduction to the American Criminal Justice System: An Equity Lens (Open Oregon Educational Resources 2025) <https://openoregon.pressbooks.pub/crimjustsysintro/chapter/9-2-the-role-of-community-corrections/> accessed July 16, 2026
[xix] Bureau of Justice Statistics, “Community Corrections (Probation and Parole)” (Bureau of Justice Statistics) <https://bjs.ojp.gov/topics/corrections/community-corrections> accessed July 23, 2026
[xx] United Nations General Assembly, United Nations Standard Minimum Rules for Non-Custodial Measures (The Tokyo Rules), GA Res 45/110 (14 December 1990).
[xxi] Ibid Rule 3.2
[xxii] Ibid Rule 8
[xxiii] Ibid Rule 8.2
[xxiv] Helen Fair and Roy Walmsley, World Pre-trial/Remand Imprisonment List (5th edn, Institute for Crime & Justice Policy Research 2025) 1 https://prisonstudies.org/sites/default/files/publications/world_pre-trial-remand_imprisonment_list_5th_edition.pdf <accessed July 16 2026>
[xxv] Ibid
[xxvi] Constitution of the Republic of Ghana, 1992 art 19
[xxvii] United Nations Office on Drugs and Crime, E4J University Module Series: Crime Prevention and Criminal Justice https://www.unodc.org/e4j/en/tertiary/criminal-justice.html<accessed on July 16 2026>
[xxviii] United Nations Centre for Social Development and Humanitarian Affairs, Commentary on the United Nations Standard Minimum Rules for Non-custodial Measures (The Tokyo Rules) (United Nations 1993) 8 https://www.ojp.gov/pdffiles1/Digitization/147416NCJRS.pdf<accessed on July 16 2026>
[xxix] Tokyo Rules, rule 6.2
[xxx] Barbara Bloom and Stephanie Covington, Gendered Justice: Programming for Women in Correctional Settings (paper presented at the American Society of Criminology Annual Meeting, San Francisco, CA, 2000) 3 https://www.prearesourcecenter.org/sites/default/files/library/14genderresponsivestrategiescommunity.pdf <accessed July 16 2026>
[xxxi] United Nations General Assembly, United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules), GA Res 65/229 (21 December 2010) https://www.unodc.org/documents/justice-and-prison-reform/Bangkok_Rules_ENG_22032015.pdf<accessed on July 16 2026>
[xxxii] Ibid
[xxxiii] Barbara Bloom and Stephanie Covington, Gendered Justice: Programming for Women in Correctional Settings (paper presented at the American Society of Criminology Annual Meeting, San Francisco, CA, 2000) 3 https://www.prearesourcecenter.org/sites/default/files/library/14genderresponsivestrategiescommunity.pdf <accessed July 16 2026>
[xxxiv] Barbara Bloom, Barbara Owen and Stephanie Covington, Gender-Responsive Strategies: Research, Practice, and Guiding Principles for Women Offenders (National Institute of Corrections, US Department of Justice 2003) https://nicic.gov/resources/nic-library/all-library-items/gender-responsive-strategies-research-practice-and-guiding<accessed July 16 2026>
[xxxv] Bangkok Rules, rule 58
[xxxvi] Ibid
[xxxvii]ibid rule 59
[xxxviii] Ibid
[xxxix] Ibid rule 60
[xl] Ibid rule 61
[xli] Ibid rule 62
[xlii]Mann Robert and Bermingham Rowena, Dr. “Non-Custodial Sentences” (Parliamentary Office of Science and Technology 2020) <https://doi.org/10.58248/pn613> accessed on July 25 2025
[xliii] ibid
[xliv] Mark Lipsey and Francis Cullen, ‘The Effectiveness of Correctional Rehabilitation: A Review of Systematic Reviews’ (2007) 3 Annual Review of Law and Social Science 297.
[xlv] United Nations Office on Drugs and Crime, E4J University Module Series: Crime Prevention and Criminal Justice https://www.unodc.org/e4j/en/tertiary/criminal-justice.html<accessed on July 16 2026>
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Note: The author is a lawyer and the founder of Reduce Recidivism Ghana, a youth led initiative that supports the reformation and reintegration of juveniles in Ghana’s correctional centres through vocational training, life skills development and mentorship.
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