Persons convicted of certain minor offences in Guyana could soon be sentenced to community service and other forms of punishment instead of imprisonment, as the Government prepares to introduce legislation aimed at reducing the use of custodial sentences.
The Criminal Justice Alternative Sentencing Bill is expected to be presented in the National Assembly today, by Attorney General and Minister of Legal Affairs Anil Nandlall, SC.
The proposed law would expand the sentencing options available to magistrates and other authorised judicial officers, allowing them to impose punishments that do not necessarily require offenders to be sent to prison.
Nandlall, speaking on his weekly programme, Issues in the News, on Tuesday evening, said the legislation had been under consideration for some time and would represent a significant change in Guyana’s criminal justice system.
He explained that imprisonment should not automatically be regarded as the appropriate punishment for every criminal offence, particularly those considered less serious.
The Attorney General said the proposed legislation would provide judicial officers with a wider range of options when determining sentences, taking into account the nature of the offence and the circumstances of the offender.
Among the measures being considered is community service, which could require convicted persons to perform work that benefits society rather than serve a prison sentence.
Nandlall also indicated that an offender’s particular skills could be considered when determining the most appropriate punishment.
“The prison should be reserved for persons who are committing more serious offences,” he said, while discussing international approaches to non-custodial sentencing.
The Attorney General identified Guyana’s growing prison population as one of the reasons for expanding alternatives to imprisonment.
He argued that prison sentences should be a last resort for certain categories of less serious offences, particularly where other forms of punishment could be appropriate.
According to Nandlall, studies and developments in other jurisdictions have supported the use of alternative sentences as part of efforts to improve criminal justice systems.
He explained that the proposed legislation would empower courts to impose non-custodial measures in appropriate cases without removing their authority to punish persons found guilty of criminal conduct.
The bill would also repeal the existing Extramural Work Act, replacing it with a more comprehensive framework governing alternative sentencing.
Under that proposed framework, judicial officers and other authorised tribunals would have additional powers to determine suitable penalties for qualifying offences.
Nandlall maintained that expanding sentencing options would help Guyana adopt a more modern approach to criminal punishment.
The proposed legislation would distinguish between offences that warrant imprisonment and less serious matters where punishment could be imposed without placing the offender in a correctional facility.
Community service, for example, could allow convicted individuals to undertake work for the benefit of the public while remaining outside prison.
The Attorney General said the measure forms part of wider efforts to modernise Guyana’s statutory framework and improve the administration of justice.
The Criminal Justice Alternative Sentencing Bill is among four new pieces of legislation expected to be introduced during Wednesday’s parliamentary sitting.
