Justice Support project recommends probation to help reduce prison overcrowding

Mar 03, 2022 News

Prisoners at Camp Street Prison during a protest in 2016.

Kaieteur News – Probation is a privilege granted by the court to a person convicted of a criminal offense to remain in the community instead of actually going to jail. The probation method is often granted to offenders with conditionality which includes strict law enforcement surveillance.
The method is an option exercised by the criminal justice system in many developed countries. However in countries like Guyana, probation is being recommended as an option to help alleviate the problem of overcrowding in the prisons. The Inter-American Development Bank (IDB)-funded Support for the Criminal Justice System (SCJS) Programme has made this recommendation among several others geared towards improving the dispensation of justice locally. The SCJS project Manager, Indira Anandjit, noted that the programme found a major factor contributing to the overcrowding in prisons in Guyana is the flawed nature of the country’s bail system. She explained that the overcrowding situation is compounded when persons remain in prison when they are unable to meet bail.
“Such persons, may end up serving longer periods on remand than they would have served if found guilty of the offence,” Anandjit added. To address the misfortune, under the SCJS, a Bail Act will be enacted to ensure greater consistency in the granting of bail and to provide specific guidelines for Magistrates and Judges. Further, the SCJS Programme Head urged the consideration be given to probation as an option to imprisonment.
It was pointed out that being placed on probation does not mean that the offenders are getting off lightly, but instead they have the opportunity to make amends and rehabilitate while remaining in their communities. Community service is also another alternative to imprisonment that is identified by the SCJS Programme. Community service is not a “soft option if properly implemented and supervised”. Instead, it makes serious demands on offenders in terms of their time, regular attendances, prompt timekeeping, and satisfactory performance of work. The introduction of structured community service, the SCJS says will cut the prison population and make amends for the harm done to victims of crime. The SCJS Programme when is expected to conclude its work here in August 2022 has held several consultations towards addressing issues raised in the local justice system. From the programme emanated a legal aid clinic which focuses on minor, non-violent offences. The clinic, which offers free legal services to the public, has dealt with over 122 cases, of which 77 matters were completed with 45 pending.
Additionally, with support from the programme, the Ministry of Legal Affairs was able to draft a Restorative Justice Bill and develop standards, guidelines, and rules of procedure for the implementation of restorative justice in Guyana. Back in 2016, the US$8 million project was approved by the IDB to help Guyana overcome prison overcrowding, by reducing pre-trial detentions and increasing the use of alternative sentencing, among other measures.

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