Passage into law of the Community Service Bill (GH0057)

Commitment description

The commitment seeks to advocate for the speedy passage into law of the Community Service Bill. The purpose of the Bill is to introduce community service as an alternative to incarceration for minor offences / misdemeanours to decongest Ghana’s prisons and to reduce the influx of remand prisoners, promote reintegration and resettlement of offenders back into community life, reduce the incidence of recidivism and further bring Ghana into compliance with international and UN standards on the rights of prisoners.

Problem to be addressed

The Criminal and Other Offences (Procedure) Act 1960, (Act 30) which sets out the procedure to follow during arrest, trial, sentencing and incarceration of offenders, does not make enough room for alternative sentencing particularly community service as being practiced in countries such as Kenya, Burkina Faso, Zimbabwe, South Africa, etc. This usually results in sentencing for minor offences to incarceration leading to overcrowding in the prisons. Consequently, although there are non-custodial sentencing options in Ghana’s Criminal Offences (Procedure) Act 1960 (Act 30), there is no Legislative Instrument (LI) to ensure and guide the implementation of these non-custodial sentences. Thus far, persons who are convicted and sentenced to pay a fine, and are unable to do so, end up serving custodial sentences, thereby compounding the overcrowding situation in the prisons. Ghana’s prisons, built to hold 9,875 inmates have exceeded their capacity by 52.4%. As at the end of December 2023. The country’s overall prison population as at that time was 15,051, with 12,741 convicts, 1,286 on remand, and 459 under trial, among others contributing to overcrowding, inhumane living conditions, infringing on the human rights of prisoners, increased operational and maintenance cost of the prison’s facilities as well as huge feeding and medical bills of prisoners. This situation is exacerbated by the lack of resources to invest in infrastructure and expansion of prison facilities. Consequently, many prison facilities are in a state of disrepair, with inmates living in substandard conditions. The situation undermines efforts at reforming and rehabilitating offenders. The introduction of Community Service into Ghana’s legal jurisprudence will strengthen the criminal justice system of the country by providing a statutory regulatory framework for non- 6 custodial sentencing in the country. The framework would lower the rate of recidivism in the country and increase public safety. The regime will serve as a deterrent to crime, foster family cohesion and prevent vulnerable groups including children, expectant nursing mothers and caregivers who are convicted for minor offences from imprisonment. The commitment therefore, seeks to provide for a law on alternative option to custodial sentence for convicted offenders in respect of certain types of offences (classified as misdemeanors) to decongest Ghana's prisons, maximally reduce the backlog of cases pending before the courts, and to assist, support, and promote reintegration and resettlement of offenders back into community life as currently reflected by international best practices.

The commitment

The commitment is in three-fold components: 1. Pass the Community Sentencing Bill into Law by 2026. 2. Create public awareness of the law 3. Build the capacity of stakeholders for smooth implementation of the law.

Contribution of the commitment to solving the problem

Commitment 1 & 3, once implemented, will help to decongest the overcrowding in Ghana's prisons, reduce the backlog of cases pending before the courts and lessen the plight of the overburdened taxpayers whose taxes feed inmates. Commitment 2, if implemented, will enable the citizenry, particularly the poor, to be aware of the law in terms of Community Service and how this will be carried out. It will also help the citizen to know the offences that are allowed and the ones that are excluded from community service.

Relevance of the commitment to OGP Values

Transparency and Accountability: The passage of the bill will increase transparency in the justice delivery system. It will give judges a wider range of sentencing options other than custodial sentencing and make the administration of justice open and fair. Community Service will allow offenders to contribute to society’s development by performing tasks that benefit the economy and society as a whole. As it provides for the exercise of supervisory functions by probation officers at the national and sub-national levels, the law will foster accountability in the execution of non-custodial sentences imposed by the courts.

Citizen Participation: The commitment itself focuses on citizen participation. Persons convicted and sentenced to serve community service will undertake their sentence in the community. This will enable communities to track and monitor compliance, thereby creating a culture of civic responsibility and active participation, which are essential for open government initiatives. Community service places emphasis on resocialization and reintegration rather than retribution, and aims to strengthen family bonds rather than treating offenders as social misfits and therefore confining them to the fringes of society. It solves the problem of stigmatisation making it easier for offenders to reintegrate into the society.

Building Inclusive Governance: Community service programmes often involve collaboration with local organisations, municipalities, and citizens. These partnerships can strengthen the relationship between governments and citizens, establishing a collaborative foundation for future governance activities. This inclusivity helps break down barriers between government institutions and marginalised populations, making open government policies more accessible.

Instilling Democratic Values: Restorative programs emphasize principles like fairness, responsibility, and mutual respect—values that underpin open government practices such as participatory decision-making and co-creation. Offenders who complete community service may become advocates for community improvement, contributing to a civic-minded culture that supports open governance. 7 By introducing community service as a form of punishment, the bill will not only aid in rehabilitation but also will lay the groundwork for fostering a culture of collaboration, accountability, and civic empowerment essential for open government success

Milestone Activity with verifiable deliverables | Start date | End date

Cabinet Memo submitted to Cabinet for approval | February 2025 | April 2025
Approved Bill forwarded to Parliament by the Office of Attorney General (OAG) | July 2025 | July 2025
Draft Bill laid before Parliament | October 2025 | October 2025
Public consultations held by Parliament on the Bill | January 2026 | April 2026
Bill passed by Parliament and assented to by the President | May 2026 | June 2026
Public awareness and public sensitisation/ education initiated and sustained | September 2026 | June 2027 and beyond
Capacity building programmes for stakeholders | September 2026 | June 2027 and beyond