–gov’t moves to address situation through IDB-funded programme

By Richard Bhainie

WITH prison overcrowding at 51 per cent, Government is hoping to reduce this number through the implementation of various initiatives through the US$8 million Inter-American Development Bank (IDB)-funded Support for the Criminal Justice System Programme.

Speaking at a press briefing on the project on Monday, Director of Prisons Gladwin Samuels said the current prison population stands at 1,884, of which 744 prisoners or 39.5 per cent are pre-trial detainees.

“To further break that down, we have 340 prisoners who are currently remanded, and 404 who are awaiting trial. Our convicted population stands at 1140 prisoners; this includes 127 who would’ve since appealed the conviction they received,” Samuels said.

“If we are to look at our prison locations, taking into consideration the holding bay [at Lusignan], which was not structurally designed as a prison, our physical capacity would be 1323 prisoners, giving an overcrowding population of 561 prisoners, or 29.7 per cent,” he added.

However, he noted that if the holding bay which is used as a temporary facility is eliminated, it would mean that the actual physical capacity would be 923.

This, he noted, would put the overcrowding population at 961, which represents 51 per cent of the current prison population.

The IDB-funded Support for the Criminal Justice System Programme seeks to reduce Guyana’s prison population through various initiatives.

NOT A LENIENT APPROACH
Attorney-General Anil Nandlall, who also addressed the press briefing, pointed out that the objective of the programme is not to go light on crime, but to address the issue of reducing the criminal population of non-violent offenders.

In outlining the components of the programme, he explained that the first component seeks to reduce the use of pre-trial detention, especially for individuals accused of minor offences, while the second component will focus on alternative sentencing options.

“The use of pre-trail detention is a contributing factor to the overcrowding conditions in the prisons, and constitutes a challenge,” Nandlall explained.

Custodial sentences for minor offences also contribute significantly to this phenomenon.

“The tendency for stricter law enforcement and sentencing is a specific problem that results in significant increases in prison population, by locking up persons charged with petty non-violent offences,” the Attorney-General explained.

Nandlall explained that although the Laws of Guyana provide for a limited range of alternative sentencing options, these measures are scarcely utilised.

“Persuasive evidence suggests escalating incidents of incarceration in Guyana is directly related to the over-reliance of the Criminal Justice System on incarceration as an effective tool for addressing deviant conduct,” The Attorney-General told reporters.

LITTLE EVIDENCE
However, he noted that there is little evidence to suggest that incarceration results in the deterrent of crime, and non-custodial sentencing has a greater effect on the reduction and prevention of crime.

“Prison sentencing seems to have no deterring effects when compared with alternative non-custodial sentences. In fact, custodial sentences increase recidivism, regardless of the sentence length, when compared with non-custodial sentences,” Nandlall explained.

The Attorney-General acknowledged that there are a number of negative externalities associated with prison overcrowding, such as negative effects on the physical and mental well-being of the prisoners, violent incidents within the prisons and a magnitude of management challenges.

He also explained that custodial sentencing for minor crimes may have drastic consequences, not only for prisoners who receive these sentences but society at large.

“Negative consequences of incarceration have been associated with, (1) an individual’s future proclivity for crime, due mainly to social interaction in which persons in custody can learn new skills, as their human capital depreciates; (2) feelings of resentment against society, and the strengthening of an offender’s deviant identity; and (3) a decrease of bonds to institutions such as family, employment, school, and conventional norms,” Nandlall explained.

It is mainly for the foregoing reasons that the Government has given full support for the Criminal Justice System Programme.

The Government, through the programme, will also implement an initiative whereby Bachelor of Laws (LLB) graduates from the University of Guyana and other recognised universities will be able to become prosecutors at the magistracy level.

To facilitate this, the Government will introduce a prosecutor training course at the University of Guyana, the consultations for which are currently underway to develop the course outline and syllabus.

Currently, prosecutions at the magistracy level are conducted by policemen and women who have little to no training in prosecuting. The initiative will supplement the efforts of the police prosecutors, who themselves will be given an opportunity to enroll in the course.

GREATER BALANCE
The Attorney-General explained that this will bring “greater balance to the scales of justice”, elaborating that often the defence is well equipped with attorneys with a depth of legal expertise, however, due to the lack of knowledge and training, police prosecutors are unable to represent the State in the same manner.

Further, there will be an establishment of a functioning Law Reform Commission to keep the law under constant revision, and recommend necessary reforms to Parliament.

The Attorney-General explained that while the programme administrators continue to work assiduously towards its goal, there has been and will continue to be wide public consultation with various stakeholders and criminal justice institutions.

“The input from these stakeholders, and based on the research, the programme has employed a number of measures, and embarked on a number of activities which will all culminate in addressing the general problem of the prison overcrowding,” he explained.

A number of other initiatives are being undertaken to achieve the objectives of the programme.

These include a legal aid clinic, which offers free legal representation to persons who are detained for minor non-violent offences; a Bail Bill as well as a Restorative Justice Bill, that are currently being drafted; revision of the Probation of Offenders Act; leadership development training for senior officers of the Criminal Justice System; and the drafting of Sentencing Guidelines.

The Director of Prisons noted that overcrowding is due largely to the loss of the Georgetown Prison in 2017, and a large section the Lusignan Prison in July 2020, both by fire, which depleted the physical capacity of the Guyana Prison system.