Non-Custodial Sentences Not Escape Route For Criminals, FCT Court Says

Non-Custodial Sentences Not Escape Route For Criminals, FCT Court Says

 The Director of Magistrates, High Court of the Federal Capital Territory (FCT), Hidayat Olaide Akanni, has said non-custodial sentencing should not be mistaken for an avenue for offenders to evade justice, stressing that it remains a lawful punishment aimed at ensuring accountability, rehabilitation and restitution for victims.

Akanni stated this in Abuja during a capacity-building programme for 68 FCT magistrates on “Strengthening Alternatives to Custody through Technology and the Effective Implementation of Non-Custodial Sentences.”

The training was organised by the Administration of Criminal Justice Monitoring Committee (ACJMC) in partnership with the High Court of the FCT, the National Judicial Institute (NJI) and the Public and Private Development Centre (PPDC).

She said misconceptions surrounding non-custodial sentencing had slowed its acceptance, noting that many people wrongly believed offenders were simply released without punishment.

According to her, non-custodial sentencing is not an escape from justice but a lawful form of punishment that also ensures victims receive appropriate restitution.

Akanni said the training was aimed at equipping magistrates with the knowledge and skills required to effectively implement alternatives to imprisonment, particularly as correctional centres across the country continue to grapple with overcrowding.

She said the importance of building the capacity of magistrates on non-custodial sentencing could not be overemphasised, noting that the adoption of alternatives to custody would help decongest correctional facilities.

The director stressed that imprisonment should not be imposed in every criminal case, especially where the offence is minor and the law provides alternative sanctions such as community service and other non-custodial measures.

She also argued that the criminal justice system should not focus solely on punishing offenders but should ensure that victims receive restitution where necessary.

According to her, victims naturally expect to be restored, as much as possible, to the position they occupied before the offence was committed, adding that justice may not be fully served if restitution is ignored.

Speaking on the implementation of non-custodial sentencing in the FCT, Akanni acknowledged that although the guidelines had existed for years, implementation and monitoring had remained a challenge.

She, however, said the Chief Judge of the High Court of the FCT had introduced measures to strengthen compliance with non-custodial sentencing orders through improved legal and operational frameworks.

Akanni disclosed that the Office of the Director of Magistrates had established a monitoring mechanism to ensure compliance with court orders, while correctional officers regularly submit reports on the implementation of non-custodial sentences.

She added that the Administration of Criminal Justice Monitoring Committee also serves as an independent body to monitor compliance with non-custodial sentencing orders.

She urged magistrates to embrace non-custodial sentencing where appropriate, describing it as a vital tool for strengthening the criminal justice system, promoting rehabilitation, reducing congestion in correctional centres and protecting the interests of victims.