Non-Custodial Sentence as an Alternative to Imprisonment in Ghana

Abstract

The increase in prison populations around the world and its enormous financial burdens on governments, health risk on prisoners and overcrowding of prisons has warranted the need to explore non-custodial sentence. This study‟s main objective was to explore non-custodial sentence as an alternative to imprisonment in Ghana, with the study area being the Cape Coast Metropolitan Assembly. The study used the theories of punishment. The mixed method research approach was used. The study used multi stage cluster sampling and the random sampling to collect data from 382 residents in the Metropolitan Area and purposive sample to collect data from 25 members of the criminal justice system. With pragmatism as the research philosophy, questionnaires and interviews were used to elicit data for the study. The study revealed that majority of the residents in Cape Coast were aware of non-custodial sentence and could describe how it works. Also it was found that the current forms of non-custodial sentence in Ghana are not enough. It is recommended that parliament should pass the non-custodial bill into a law allowing other forms of non-custodial sentence to be practiced in Ghana. It is also recommended non-custodial sentence must be clearly defined for members of the criminal justice system since the concept is given varied meanings about what constitute a minor offence and how non-custodial sentence may deal with such repeated offences.