7 major benefits of non-custodial punishment
Non-custodial punishment refers to penalties that do not involve incarceration, offering alternatives such as probation, community service, house arrest, or electronic monitoring.
This approach has gained support in many countries as a way to address several issues within the criminal justice system.
It provides numerous benefits to both offenders and society, from reducing the burden on prisons to promoting rehabilitation and reducing recidivism.
According to a lawyer and researcher, Obianyo Okeke, one of the innovations introduced in the Nigerian Correctional Service Act 2019 is the provision for non-custodial service.
This, he said, became necessary because if Nigeria must meet international human rights standards required in the administration of criminal justice, the perennial violation of the human rights of inmates that comes with prison congestion must be addressed.
“To achieve this, the drafters of the Act considered it necessary to dedicate a substantial portion of the Act to the administration of non-custodial sentencing measures such as parole, plea bargaining, and community service, among others,” he said.
Okeke recommended legislative reform, capacity building, improved monitoring, and public awareness campaigns to enhance the effective use of non-custodial sentencing options in the Nigerian criminal justice system.
The Managing Partner of Lawrence Ndukwe and Co., Barrister Emeka Ndukwe, said non-custodial punishment offers several advantages, including reduced prison overcrowding, cost-effectiveness, and a focus on rehabilitation.
“By encouraging personal accountability and offering alternatives to incarceration, non-custodial sentences provide a pathway for offenders to reintegrate into society while reducing the likelihood of reoffending,” he added.
The Senior Legal/Programmes Officer, Human Rights Law Services, Collins Okeke, said that there is a growing shift from custodial to non-custodial sentencing.
“The Lagos State Administration of Criminal Justice Law 2015 makes provision for non-custodial punishment but this has not taken full force.
“Anecdotal evidence suggests this may be as a result of a weak non-custodial legal framework. There is a growing shift from custodial to non-custodial sentencing. Experts around the world are developing new non-custodial measures and improving on existing ones,” he added.
However, below are some of the potential benefits of non-custodial punishment over custodial correctional centres:
Non-custodial punishment focuses on rehabilitation
Unlike prison, which can sometimes exacerbate criminal behaviour, non-custodial punishments often include rehabilitative components, such as counselling, drug treatment, or educational programmes.
These interventions can help address the root causes of offending behaviour, such as addiction, mental health issues, or lack of education. By offering offenders the tools to change their behaviour, non-custodial punishments can lead to more effective rehabilitation and long-term societal benefits, according to 2013 research by Mears et al.
It reduces stigma and aids social reintegration
Prison sentences often carry a significant stigma that can hinder an offender’s ability to reintegrate into society. Non-custodial punishments, on the other hand, allow offenders to maintain their social and family relationships while still facing consequences for their actions.
An environmental activist and founding partner of the Dawn Project Initiative, Desmond Majekodunmi, recommended a shift towards non-custodial community service sentencing. He said community service could effectively serve as a deterrent while also benefiting the community by promoting cleanliness and hygiene.
Preservation of family and work life
Non-custodial punishments allow offenders to continue living with their families and maintain their jobs. This stability is crucial for preventing reoffending.
The Bureau of Justice Statistics (2014) highlighted that maintaining family connections and stable employment are key factors in reducing recidivism.
Encouraging personal accountability
Many non-custodial punishments, such as community service or restitution, encourage offenders to directly make amends for their actions. These sentences require offenders to give back to the community or compensate victims, fostering a sense of personal responsibility and accountability.
Engaging in positive, constructive activities can also help offenders develop better coping mechanisms and life skills, according to the 2006 report by MacKenzie.
It reduces prison overcrowding
One of the most significant benefits of non-custodial punishment is its ability to reduce overcrowding in prisons. The World Prison Brief (2021) reports that many countries face critical issues with overcrowded correctional facilities, which can lead to poor living conditions, increased violence, and diminished access to essential services like healthcare.
By utilising alternatives to imprisonment, fewer people are incarcerated, alleviating the strain on the prison system and allowing resources to be allocated more efficiently.
Non-custodial punishment is cost-effective
Non-custodial sentences are generally more cost-effective than imprisonment. According to the Sentencing Project (2016), the average annual cost of incarcerating an individual can exceed $30,000, while alternatives such as community service or electronic monitoring tend to cost significantly less.
This financial saving can be redirected towards rehabilitation programmes or other initiatives aimed at reducing crime and supporting social services, which can benefit both offenders and society as a whole.
Lower recidivism rates
Non-custodial sentences help focus on rehabilitation, such as probation or diversion initiatives, which have been associated with lower rates of recidivism compared to incarceration. The Director of the Community Service Unit, Lagos State Ministry of Justice, Mrs Tomi Bodude, said community service and other non-custodial measures explore innovative approaches to fostering rehabilitation, promoting justice, and enhancing community well-being.
