108TH INTERNATIONALSEMINARPARTICIPANTS’
PAPERSPARTICIPANTS’ PAPERSEFFECTIVE TREATMENT MEASURES FOR PRISONERS TO
FACILITATE THEIR REINTERGRATION INTO SOCIETY:
THE GHANAIAN EXPERIENCE
Asiedu Willam Kwadwo*
I. TREATMENT OF OFFENDERS IN
GHANA
A. AimThis papers aims at examining theobjectives and practice of treatment of theincarcerated, early release prisoners andthe post-release offenders in Ghana. The
various forms of treatment at different
levels (of the penal system) will be
evaluated to assess their effectiveness intransforming offenders into acceptable anduseful members of society. Where there areshortcomings, suggestions andrecommendations will be made.
B. Objective
Since independence in 1958, Ghana’s
penal system of forty-three (43) prisons anda juvenile facility, the Ghana Borstal
Institute, has been guided by the objectiveof ‘reclaiming’ the criminal with the viewof rehabilitation. All members of the Ghana
Prison Service are trained to be very
professional in their approach to work. By
doing so, prison officers are able to exert
the necessary moral influence over theprisoners.
All prison officers are particularly
enjoined by section 165 of the Prisons
Regulations, 1958 to “ treat prisoners withkindness and humanity, to listen patiently
to and report their complaints orgrievances, at the same time being firm in
the maintenance of order and disciplineand enforcing complete observance of orderand discipline”.
* Regional Commander, Northern Region Prisons,Prisons Service, Ministry of Interior, Ghana.

In the course of work, the officer isguided by a plethora of legislation
constituting the Penal Law of Ghana. They
are particularly mindful of section 2 of the
Prisons Service Decree (NRCD 46)
1972,which makes it an offence to tortureor subject a prisoner to inhuman ordegrading punishment. By treating
prisoners with dignity, the prisoner seethemself as a worthy member of society
who is undergoing correction.
As the first line of contact, prisoners
learn to re-socialize from the prison officers.
The officers closely monitor the progressof the prisoners and encourage them to beindustrious. The Ghanaian prison officer
serves the dual role of custodian of theprisoner, as well as a change agent in theinmate’s quest for the acquisition of
positive values.
II. THE FUNCTIONS OF THE
SERVICE
Section 1 of the Prisons Service Decreerequires the prison service to maintain “thesafe custody and welfare of prisoners and,
whenever practicable, to undertake thereformation and rehabilitation ofprisoners”. It is not only necessary tophysically secure the prisoner (in custody)(remand and trial prisoners inclusive), but
it is equally important to provide anenvironment which would guarantee theirhealth and welfare. With this achieved, itis the further mandate of the service toadopt measures which would reform andrehabilitate the convicted prisoner.
Reformation and rehabilitation
programmes are solely for the convicted

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RESOURCE MATERIAL SERIES No. 54
prisoner. It is the foundation of the penal
system in Ghana that it is the reformed
person who can be successfully
rehabilitated into society.
III. MECHANISMS FOR
TREATMENTTo operationalize the functions ofreforming and rehabilitating the prisoner,
the service has adopted a combination of asound physical infrastructure andtreatment programmes. Treatment isbased on formal and informal education;technical and vocational training in thewalled prisons and agricultural training in
the camp prisons. The camp prisons areopen facilities in farming communities. The
prisons along the coast engage in fishingas the choice of vocational training.
A. The Juvenile System
The same approach has been adopted in
the treatment of the inmates of the Borstal
Institution. This facility houses youth
offenders who are not older than seventeen(17) years. The dual themes of reformation
and rehabilitation are embodied in thecharter of the institution; “training for
citizenship and a concern that the young
and careless should be saved from a wasted
life of crime”.
The juveniles are given four (4) years offormal education by prison officers who areprofessionally certified teachers. They areprepared for national examinations. Thereis an option for trade training and wellequipped workshops are provided forpractical training. The inmates who opt fortechnical training are prepared for tradecertification tests at the national level.
After serving the mandated years, nocriminal records are kept on the former
inmates of the Borstal Institute. It is anoffence to refer to the criminal history ofthese juveniles for any purpose. This is very
important for their reintegration into
society. As a result, a lot of former inmates328

occupy responsible political, economic andsocial positions in the country.
B. Physical Conditions
The Industrial Unit of the Service carriesout regular inspection and maintenance ofits physical infrastructure. The Health
Unit has responsibility for the maintenanceof hygyienic conditions. The Ghana Prisons
Service operates in an environment of closemonitoring of its activities. As part of the
Security Services of the country, theNational Security Council, chaired by the
President of the Republic, keeps an ‘eagle
eye’ on the activities of the Service, as does
the Parliamentary Committee on Defence
and the Interior.
The Commissioner for Human Rights
and Administrative Justice has theconstitutional duty of ensuring that theprisons of Ghana are managed in the bestinterest of prisoners and the society as awhole. In particular the commissioners
checks for violations of the human rights
of prisoners. The various branch offices
conduct inspections of the juvenile facility
and all the prisons in the country, in thepresence of the state and independentpress. The officials of the Commission
conduct interviews of the prisoners as totheir impressions of the facilities andconditions. Prison officers are not allowed
to be present during the inspection andinterview. The Commissioner’s reports on
the conditions of the prisons and thefacilities available are sent to the President
for reaction and directives.
The Government of Ghana, mindful of
its constitutional obligations and thebenefits of sound penal administration, has
set up the Prisons Service Council for
ensuring that the Prison Service performs
its role efficiently. The members of theCouncil are: the Chairman who represents
the President of the Republic of Ghana; theMinister responsible for the Interior; theAttorney-General and Minister of Justiceor his/her representative; the Director of

108TH INTERNATIONAL SEMINARPARTICIPANTS’ PAPERS
S o c i a l We l f a r e a n d C o m m u n i t y
Development; and representatives of the
Bar and Medical Associations. Others are
representatives of Chiefs and religious
bodies, the Director-General of Prisons, two
representatives from prison officers, theChief Director of the Ministry of theInterior and two other appointees of the
President, one of whom is a woman.
The Prisons Service Council advises the
President of the Republic on matters ofpolicy relating to the organisation andmaintenance of the penal system in Ghana.
The council regulates the conditions for
imprisonment, the appointment andcomposition of welfare committees, andgenerally adopts measures for the humane
treatment and welfare of prisoners andother persons in legal authority.
At the regional level, the Council
appoints Prisons Committees to advise theCouncil and the Director General on any
matters relating to the administration ofprisons in the region. At the station level,
the Service Council appoints a welfarecommittee for each prison. The Committee
consists of two or more persons andexcludes the medical officer of the prison.
The Committee visits the prison at least
twice a month to inspect all wards, cells,
yards, solitary cells, kitchens, wash-rooms,
toilets and every other part of the prison,and to hear the complaints of the prisoners
and to inspect the registers, books andrecords of the prison.
Giving them sufficient quantities of goodquality food ensures the health and welfareof prisoners. Special diets are given toparticular prisoners the medical officer
recommends. Generally, prisoners areallowed to supplement their diet by making
their own arrangements for food, provided
they go through the proper channels. The
prison authorities supply sufficientquantities of clothing, soap, bedding andsundries to maintain their decency,cleanliness and good health. The prisoners
can arrange for the supply of special itemsof toiletries and have unrestricted
oppertunity to use these items. Prisoners
in Ghana also have unlimited opportunity
to perform exercise and to engage in games
like volleyball, basketball, tug of war,
football and table tennis. They also playindoor games like ludu, cards, draughts,
chess, scrabble and locally invented games.
Officers keep a close eye on the healthof prisoners, as the death of a prisoner canhave adverse consequences for the Service.
In this regard, every effort is made to
procure prescribed drugs for any prisoner
in need and the Service bears the cost of
any kind of surgery the prisoner has toundergo. These facilities are maintainedeven when the prisoner is undergoingpunishment for breach of prison
regulations.
C. Communication
Every convicted prisoner is entitled towrite and to receive mail once every two
weeks. Special circumstances can warrant
an increase. Non-sentenced prisoners are
not limited in the number of mail they cansend or receive.
All categories of prisoners have the rightto unlimited correspondence with theirlegal advisers, the Commissioner for
Human Rights and Administrative Justiceand their religious advisers. These rights
are entrenched and are without prejudice
to any infraction of prison regulations. The
Department of Social Welfare andCommunity Development has welfare
officers posted to the various prisons to help
provide for the welfare needs of theinmates, in particular helping them seek
redress at the courts and maintaining links
with their families.
D. Visits
While non-sentenced prisoners areentitled to visits at all reasonable times,
the convicted prisoner is limited to one visit
every a fortnight, except when s/he has a
medical problem. In such situations, the329

RESOURCE MATERIAL SERIES No. 54
number of visits would be increased. Visitsby legal advisers are not limited. At all
times prisoners are allowed to receive food,provisions and medical supplies from theirfamilies, friends, benevolent societies andphilantrophists.
E. Religious Observances
There is freedom of worship in theprisons; ministers of all faiths are
permitted to visit their adherents in prison.
This is also an entrenched right. Since theprison administration cannot interferewith religion, and is conscious of its
relevance to reformation, religious leaders
are encouraged to offer moral and religious
instruction during their visits.
Religious instruction is an importantmeans of giving a positive belief system andvalues to the prisoner, thus helping themto reform. The Service has a chaplaincy
serviced by ordained priests. This unit
coordinates religious activities and liaises
with religious groups and civicorganizations like the Rotary Club, who
donate food, clothing, medicine andequipment for industrial training to
supplement the efforts of the government.
These organizations show films withreformatory and rehabilitative messages tothe inmates. They also offer entertainment
facilities like television sets to the prisons.
The prison libraries are also usuallyequiped by the religious groups who help
finance educational and training
programmes in the prisons.
F. Observation
Generally, Ghanaian prisons are safe
and clean. Given the state of the economy,
the utmost is done to make life comfortable
for the inmates. Healthcare is provided by
the state with a low mortality rate; 0.028%
for 1996. With the strict supervision of thepowerful organs of state and various
interests groups, high standards aremaintained.
In 1996 the escape rate from prison was

330

0.026%. Escape in Ghana presents aninteresting phenomenon, especially at thecamp prisons where security is minimal.
Dissatisfaction with conditions or crippling
objection to particular officers usually leads
to the escape of prisoners who are sent out
to work. Examples abound of escapees
reporting at other prisons, or to theresidence of the Director-General, to seek
transfers.
IV. PROGRAMMES
A. Formal and Informal Education
The major focus of the treatment
programmes is education. By 1967, theService had established schools for theinmates at all the central prisons. The
central prisons hold long-term prisoners
who stand to benefit from such long-term
schemes. Libraries have been establishedin some of the prisons to facilitate
education.
At the Borstal Institution, certified
teachers were involved in the general,technical and vocational education of theinmates. As far back as 1967, nine (9) out
of eleven (11) inmates presented fornational examinations passed. As a major
training centre, the Borstal Institution has
industrial installations comparable withthe largest factories in the country. At
present, some junior high schools in thenation’s capital use the facilities of theInstitution for their practical training,under the guidance of specialist prison
officers.
The 1967 Commission of Enquiry into
the conditions of the Service, (the Asafo
Adjei Commission), while acknowledging
the role of education in the prisons, urged
the prison administration “to provide
prisoners with facilities to promote theirformal and informal education within theprisons service and institutions under its
administration”. The Commission further
stressed: “Although they [prisoners] may
be incarcerated as a punishment, every

108TH INTERNATIONAL SEMINARPARTICIPANTS’ PAPERS
that ignorance prevents a large number ofthe incarcerated from presenting theircases properly. An examination of theeducational background of inmates in two
given years confirms this startlingsituation. Although recent statistics are notavailable, it is safe to assume that thissituation is unchanged.

thing done to avoid creating bitterness andresentment in them is ultimately for thegood of the society to which they will
eventually return. All programmes for civic
or social education for the rest of thecommunity may diminish in value, if
prisoners, for whom there is ample
opportunity now for their reform and help
to become more responsible citizens thanthey have ever been, are neglected in thenational effort for general re-education”.
Following the recommendations of the
Asafo-Adjei Commission, the Service
intensified its efforts by recruiting morequalified teachers to undertake the urgent
task of educating the mass of illiterate
inmates. Ghana has a large population ofilliterates and this is naturally reflected in
the prison population. It has long been felt

Of the categories of prisoners in Tables
1 and 2, the illiterate category registered
the highest number of convicts. Thisdefines the task of the Prisons Service inits bid to reform and rehabilitate the large
band of illiterate and semi-literate
prisoners who have overwhelmed the penal
system. The correlation between illiteracy
and criminality is well defined. The Service
has adopted measures to enable illiterate

TABLE 1EDUCATIONAL BACKGROUND OF CONVICTED PRISONERS, 1990
Illiterate

Elementary

SecondaryTechnical

Graduate

Post-Graduate

48%

39%

8%

3%

1.5%

0.5%

Source; Ghana Prisons Service Annual Report, 1990.

TABLE 2EDUCATIONAL BACKGROUND OF CONVICTED PRISONERS, 1992
Level of
Education

First
Quarter

SecondQuarter

Third
Quarter

Last
Quarter

Illiterate

4028

3964

4106

4693

Elementary
Secondary /

3911

3569

2977

1781

Commercial /Technical

558

491

899

1229

Tertiary

33

55

140

157

Other

57

134

99

195

Total

8587

8213

8221

8055

Source; Ghana Prisons Service Annual Report, 1992.

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RESOURCE MATERIAL SERIES No. 54
prisoners to learn to read and write, andto afford teaching in preparation foradvanced studies to prisoners who may sodesire.
Prisoners are permitted to engage instudying for self-improvement and areprovided books and stationery by
benefactors like the churches and the nonformal education division of the Ministryof Education, which has extended its
national programme to the prisons.
Prisoners are encouraged to prepare andsit for educational examinations. For the
purpose of education, library services have,since 1967, been extended to all the prisons.
Since the promulgation of this decree,a massive drive has been made towards
improving the education of inmates. A
batch of professional teachers wererecruited in 1976 to teach prisoners.
Professionals and technicians are recruitedannually. Added to the lack of education is
the lack of skills as shown in Table 3.
From a study of table 3 it is obvious thatthe higher the skills, the lower the rate ofincarceration. Farming in Ghana is basic
and does not need formal education.
Indeed most farmers are illiterate andfarming is the only way to survival.
Together with the mostly poorly educatedcommercial drivers, farmers are largely

victims of ignorance.
B. Vocational Training
Vocational training, another componentof the treatment package, is backed by
Section 41of NRCD 46, 1972. The Prisons
Service is specifically charged to “ establishin every prison courses of training andinstruction assigned to teach simple trades,
skills and crafts to prisoners who may
benefit from such training.”
Vocational training is carried out in thewalled prisons. These are the maximum
and medium secrity facilities. Major
industries exist in the central prisons.
Trades such as carpentry and joinery, caneand basket making, black-smithing andmasonry are undertaken, as well as taught.
Other areas include shoe- making, tailoringand dress-making, textile manufacturing,ceramics, automobile repair, electrical andelectronic goods repair. The Service relies
exclusively on specialist prison officers for
trade instruction and supervision of theindustries. Trade training is in the form oftheoretical instruction and practicalexperience in the workshop or on the field
where the inmates serve as apprentices.
Inmates who are already skilled areengaged as workers and are given
incentives.

TABLE 3
OCCUPATIONS OF CONVICTED PRISONERS -1992
OCCUPATION FIRST QUARTER
Farmer (crop)
3347
Fishermen
398
Artisans
359
Businessmen
137
Clerks129
Drivers
1114
Teachers
Other
2162
TOTAL
8587

SECOND QUARTER THIRD QUARTER LAST QUARTER
3285
3463
3141
315
273
291
307
355
640
101
108
88
298
176
87
946
789
707
8
21
9
2165
1924
1958
8213
8221
8055

Source; Ghana Prison Service Annual Report, 1992.

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108TH INTERNATIONAL SEMINARPARTICIPANTS’ PAPERS
C. Agricultural Training
An off-shoot of working on farms,
agricultural training is the most popular
activity in the prisons. Almost all prisoners
have rural backgrounds and can easily
cultivate crops and generally imbibe
modern farming methods. The same‘learning on the job’ approach is applied in
the fishing camps where officers fishalongside prisoners.
D. Assessment of Programmes
Tables 4 and 5 show the recidivism rate
for two years. The 1992 rate of 9.2% rose
to 14.1% in 1996. Generally recidivism has
been the measure of the success oftreatment programmes. In Ghana’ssituation, the comparatively low rate mustbe treated with caution. Record-keeping isunreliable and their is virtually nomonitoring of discharged offenders,enabling prisoners who relocate to be tried
for subsequent offences without the Court’sknowledge of the previous record.
In reality, the range and degree oftreatment programmes in Ghana do notlend to an assertion of a positive effect on

the rate of recidivism. As an observerparticipant, one is of the opinion that the
programmes are not structured andorganized. Special programmes are
required to treat the needs of some classes
of prisoners. These would more particularly
be seen during classification. At present,
sexual offenders, substance and drug abuse
offenders, prisoners with anger or
psychological problems and psychiatriccases hang on without any programmes totake care of their needs. A lot of work needs
to be done in the area of treatment inside
the prison in this regard.
The greatest contributing factor to theprobable low rate of recidivism is the easeof absorption of the discharged offenderi n t o t h e i r c o m m u n i t y, d u e t o t h ecohesiveness of the social fabric.
E. Prison Labour
Prison labour is used in two ways in
Ghana. One way is where prisoners are
generally hired out for physical labour onfarms and in industry. Skills are notrequired and the objective is to raise income
for the state. The other form involves

TABLE 4TYPES OF OFFENDERS, 1992
Quarter
First
SecondThird
FourthTotal
Percentage

First Offender
6389
6119
6248
5985
24741
74.8

Second Offender
1494
1240
1249
1321
5304
16.0

Recidivists
704
854
724
749
3031
9.2

Total
8587
8213
8221
8055
33071
100

TABLE 5TYPES OF OFFENDERS, 1996
Number
Percentage

First Offender Second Offender
6991
1904
67.5
18.4

Recidivists
1456
14.1

Total
10351
100.0

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RESOURCE MATERIAL SERIES No. 54
utilizing prisoners on contracts, especiallyfor building constructions. Prisoners areplaced on the field and work alongside theofficers on such projects. These prisoners
return to the prison in the company of theirescort each working day. Except for a brief
period during the revolutionary era whensome prisoners were allowed to spend theweekend at home, prisoners in Ghana are
not allowed to go out on their own.
Contracts are also taken for the
manufacture of various items inside theprison, for instance, furniture and cabinets,
tools, garment and baskets. Prisoners who
have gained trade skills are exposed to thepractical side of their training and are
given work incentives.
Labour is governed by Section 42 of the
Prisons Service Decree (NRCD 46) 1972,
which requires every prisoner convicted ofa criminal offence to perform work
beneficial to the community or the Prison
Service, or to assist them to lead a
responsible life after release. Only the verystrong prisoners get the chance to workoutside. Even in the yard, sick, weak andold prisoners are not allowed to perform
any duties. Prisoners are not forced to do
any kind of work. It is enough that a
prisoner claims they are ill, though the
medical officer is always available to detectmalingering.
Deployment of prisoners on jobs outsideof the prison is becoming increasingly
difficult. With a large mass of unemployedpeople, labour is cheap and readily
available outside of the prison. Prisoners
who perform duties in the yard, those who
go on outside labour (if any) and thoseworking in the shops are expected to be
paid, but the very low level of income fromthe labour charges and the industrial
activities make this almost impossible. In
Ghana the problem is not getting prisoners
to work; the issue is getting work for theprisoner.

334

V. ALTERNATIVES TOIMPRISONMENT
A. Fines
Fines have been the only traditional
alternative to imprisonment in Ghana.
Attempts made at introducing ‘community
service’ as envisaged under the Public
Tribunal Law (PNDCL 78), now replaced,
were stillborn. Probation has not yet been
introduced.
The Courts Act (Act 459) 1993 introduces‘restitution’ as an alternative. By operationof section 35 of the Act, where an accused
person, after conviction for causing
economic loss, harm or damage to the stateor any state agency, is willing and able topay compensation or make restitution andreparation, the court may instead of
passing sentence on them, make an orderto pay compensation, make restitution, or
make reparation. This is seen as a crossbetween imprisonment and the paymentof a fine. It is however clearly limited andcould be abused as a tool for the rescue ofthe affluent from the crminal justicesystem.
B. Bonds
A frequently used devise in
misdemeanour cases is the ‘bond’. This is
usually granted upon the intervention of
the community heads or leaders. The
accused persons are bonded to be of good
behaviour for periods normally notexceeding one year .If during the period theaccused is found guilty of breaching thebond, s/he is given a prison term for theperiod s/he was expected to observe thebond.
C. Probation
At the juvenile courts, probation reports
are prepared by social workers for theconsideration of the court before issuing its
orders as to the treatment of the offender.
However the offenders are not usually
granted probation. On conviction they are

108TH INTERNATIONAL SEMINARPARTICIPANTS’ PAPERS
sent to the Boys and Girls Industrial
Homes or to the Borstal Institution, if theoffence is serious.
Probation, as is commonly accepted, is
not available in Ghana yet; it is part of
judicial reforms being contemplated by the
judiciary and relevant stakeholders.

(6) months earned remission and 28 days
earned remission. In both respects, theperiod of forfeiture should not exceed theremission already earned. Remission is arequirement of the law and it is a duty
incumbent on the Officers-in-Charge of theprisons and the Director-General.

D. Early Release System
Early Release in Ghana is usually by the‘remission system’. ‘Amnesty’, which is anannual affair, and ‘medical release’ are usedin exceptional circumstances. ‘Pardon’ is ararity.

F. Amnesty
The Head of State exercises theirprerogative of mercy by releasing prisoners
annually. The beneficiaries are (initially)
recommended by the Officers-in-Charge ofthe various prisons. The Director-General
studies the recommendations and seeks theapproval of the Minister Responsible for
the Interior, who would present the final
list to cabinet.
Annually, a medical board made up of
independent medical personnel, tour all theprisons and recommend the release of thevery sick, the aged and the mentally
incapacitated. If the recommendations are
acceptable, the Head of State orders theirrelease. Article 72 of the 1992 Constitution
empowers the Head of State to exercise thisprerogative of mercy and, in consultation
with the Council of State, may:a) Grant to a person convicted of an
offence a pardon either free or subject
to lawful condition or:b) Grant to a person a respite either
indefinite or for a specified period,
from the execution of punishment
imposed for an offence ; orc) Substitute a less severe form ofpunishment for a punishment
imposed on a person for an offence ;ord) Remit the whole or part of apunishment imposed on a person orof a penalty or forfeiture otherwise
due to Government on account of any
offence.
An example of the exercise of thisprerogative is the amnesty granted during
the first anniversary of the Fourth Republic
in 1997 for :E. Remission
Authority for the operation of theremission system is section 34 of the
Prisons Service Decree (NRCD 46)1972 “A
prisoner serving a sentence of six weeks ormore may, by steady industry and good
conduct, earn a remission not exceeding
one-third of his sentence”. Some categories
of prisoners do not enjoy remission. These
are those:a) Serving a sentence of imprisonment
for life;b) Detained during the pleasure of the
Head of State;c) Committed to prison for debt;ord) Committed to prison for contempt of
court.
In theory, remission is earned while theprisoner is in custody and their conduct andenterprise are being observed. In practice,
the third part of the sentence is calculated
right at reception and the ‘Earliest Possible
Date of Release’ (that is, having earned
remission) and the ‘Latest Possible Dateof Release’ (without remission) are known
from the first day.
All remission (earned), or any part ofit, can be forfeited when the prisoner fails
to maintain steady industry or good
conduct. The Director-General of Prisonsand the Officer-in-Charge, the only
authorities who can impose punishment ona prisoner, can respectively forfeit up to six

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RESOURCE MATERIAL SERIES No. 54
(i)

(ii)

(iii)

(iv)

(v)

(vi)

Condemned prisoners who had
served more than 10 years as atJanuary 7 were to have theirsentences commuted to life;
Prisoners condemned to death foreconomic sabotage were to havetheir sentences reduced to 15
years;
Prisoners serving life
imprisonment who had served atleast 10 years as at January 7,
1994 were to have their sentences
reduced to 10 years. This excluded
armed robbers, those convicted forrape and narcotic drug offences;
Prisoners serving sentences for 20
years and over and who had
served five years thereof were tohave their sentences reduced by
1/3 remission. This excluded
convicts sentenced for armed
robbery, drug trafficking and rape;
First and second offenders who
had served half of their sentenceswere to be released on parole andwere obliged to undertake
community service. This excluded
persons convicted for murder,
manslaughter, rape, armed
robbery and drug trafficking andConvicts found to be seriously sickand those 60 years of age were to
be released. This excluded
convicts sentenced for rape,
murder, manslaughter, armed

robbery and drug trafficking.
To give an idea of the effect of theamnesty on the prison population during
a year which averaged a daily lock-up of
7630 in the prisons of Ghana, a break-downof the convicts who were affected by theamnesty of 1997 is as follows.
• First and second offenders 938• Death sentence now commuted tolife
11• Life sentence now reduced to 20
years
6• Those serving 20 years and thosecondemned to death for economic
sabotage now with sentence
reduced by 1/3 remission and by
15 years respectively
18• Those serving above 20 years 26• Those who benefited frompresidential pardon
2
G. Qualification for Early Release
With the operation of the remission
system and amnesty, prisoners in Ghana
are generally beneficiaries of early release.
In addition to four categories of convicts
who do not benefit from the remission
system-i.e those serving life imprisonment,
inmates detained at the President’s
pleasure, debtor prisoners and those held
for contempt-the amnesty policy excludes
those convicted for armed robbery, murder,
rape, narcotic offences and manslaughter.
Amnesty and the remission system
combine to release a lot of convicts yearly.

TABLE 6PARTICULARS
Average population at the beginning of the year
Average population at the end of the year
Number of persons incarcerated during the year
Number of convicts discharged during the year
Average convict population
Rate of incarceration
Rate of release (1/3 remission, fine paid, court order) etc.
Source; Ghana Prisons Service Annual Report, 1994.

336

POPULATION
8,752
7,639
9,158
9,874
7,693
25 times daily
27 times daily

108TH INTERNATIONAL SEMINARPARTICIPANTS’ PAPERS
Table 6, for the year 1994 evidences thisfact.Discharges in 1994 exceeded
admission by 716 inmates, thus registering
14.6% decrease in the commutative prison
population of 463,997 in 1993 to 396,474
in 1994.
H. Factors and Authority for Early
ReleaseConsiderations such as the victim’s
feelings and the prisoner’s potential forreformation are not taken into accountwhen amnesty is considered. The gravityof the offence, as the exemptions show, iscontemplated. It is an exercise of mercy,
entirely at the discretion of the President
who has no obligation to heed the advice of
the Council of State. It cannot be denied
that the devise is also used as a means ofdecongesting the prisons and cutting down
on prison expenditure.
I. Release on Licence
Male prisoners who have served a termof two (2) years or more for a felony or any
criminal offence involving fraud or
dishonesty, but excluding murder, arerequired by the Prevention of Crimes
Ordinance (Cap. 38 of Vol. ll) of the Laws
of Ghana to be released on licence after
they have earned their remission. The
range of offences which require release on
licence includes the abetment, attempt orconspiracy to commit felony, fraud or
dishonesty. All other prisoners who earnremission are released absolutely. Female
prisoners are not released on license.
J. Conditions for Release on
Licence
The prisoner released on licence shallnot, for the unexpired period of his original
sentence (the outstanding third) and whileat liberty, be convicted of any criminal
offence involving fraud or dishonesty. If
he is so convicted, his licence is
automatically forfeited. He is further
required to notify the police of his presence

and subsequent change of address.
K. Breaches
For breaches of the conditions of releaseon licence, the forfeiture of the licencemeans the convict has to serve theunexpired period of his original term andthen the fresh sentence for the current
conviction. For failure “to report as aconvict on licence” or “failure to notify
police of the change of address” the convict
either receives a twelve (12) month termof imprisonment or serves the unexpired
term of his original sentence.
L. Supervision
The police are charged to monitor the
movements of the convicts on licence, by
the system of periodic reporting of theconvicts to the police. This is certainly notenough by way of supervision. All otherdischarged prisoners do not report to any
authority.
M. Parole
Though parole was cited as one of themechanisms of implementing the amnesty
policy of 1994, in reality no prisoners werereleased on parole. They were released on
licence or unconditionally, and did not
engage in any community service. This isbecause there is no one to supervise theconditions under which parole is granted.
The place of parole in the penal system has
been appreciated in Ghana and theConstitution of 1992 enjoins the Prisons
Service Council, in Article 208, to provide
for its introduction. Six (6) years later
there is still only talk of a bill underconsideration.
N. Guidance
The only form of guidance is the advice
offered to the prisoners on their release bymembers of the Prisons Discharge Board.
The Board provides, on an irregular basis,transportation fees to some of the indigent
prisoners who are making their way home.

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RESOURCE MATERIAL SERIES No. 54
O. Halfway Houses
There are no such facilities in Ghana.
The Presbyterian Church of Ghana, in its
Prison Ministry, is committed to creatingsuch a facility and is preparing for the
housing and trade training of ex-prisoners.
VI. TREATMENT OF DISCHARGED
PRISONERS IN THE COMMUNTY
In Ghana there is no programme for thetreatment of prisoners outside of theprison. On release, the prisoner barely has
sufficient money to live on. They are only
given transportation to their place oforiginal conviction; no state or nongovernmental organization has a
programme to help them get settled.
Though by law, the only restriction on
re-entry into the public service is forfinancial positions for prisoners withconvictions for offences involving fraud anddishonesty, in practice there is no avenueof employment in the public sector for adischarged offender, no matter what theoffence. The only recourse is the family.
Social ties are still strong and sayings like“one does not cut off a limb because her
child had soiled it”, reveal that familybonds are not broken by criminal conviction
and subsequent imprisonment.
In the urban areas, it is usual for a wellto-do member of the family in selfemployment to engage the discharged
offender and offer them accommodation in
their house in order to monitor him/her. In
the village, the discharged offender iswelcomed and has the same right tocultivate family land or engage in a cottage
industry. The family and community offer
physical and material help to resettle. If
s/he is a ‘royal’, the only disability as aresult of imprisonment is the chance of
becoming a chief.
It is easy for the discharged prisoner who
is willing to go back to the family to bereintegrated and rehabilitated. In cases
where there is difficulty because the offence338

was committed against a member of thecommunity, the elders of the family pacify
the offended party through the offer ofmoney, livestock and drinks.
The problem of re-offending has to dowith the discharged offender who is either
ashamed of going back to their family or isstill lured by the ‘city lights’. In the face ofmassive unemployment and crippled by thestigma of imprisonment and general lackof education or skill, the attraction of crimesoon claims him/her. The same persons,constituting the recidivists of the Ghanaian
penal system, always revolve through theprison gates.
VII. FACTORS MILITATINGAGAINST TREATMENT
A. Alternatives to Imprisonment
The absence of national policies for the
institution of alternatives to imprisonment,such as probation, work release,community service, suspended sentences,committal to drug and alcohol
detoxification centres and psychiatriccentres, is a great disservice to the nation.
Most of the convicted prisoners do not haveto be in prison. Some offences are so trivial
that community service orders could havebeen used. Many sentences are so shortthat it would have been better to convert
them to any of the alternatives. Fines havebeen unreasonably fixed on manyoccasions, with the result that convictedpersons in Ghana invariably serve prison
terms. A lot of the drug-related cases needclinical help, not imprisonment, where theoffenders deteriorate mentally. The same
applies for alcoholics.
Prisons are full of offenders who could
legally be serving their punishments
outside the prison, thus avoiding
overcrowding in the prisons. Alternatives
to imprisonment does not mean avoidanceof punishment, and recourse to amnesty
can not be a long term panacea for the illsof the system.

108TH INTERNATIONAL SEMINARPARTICIPANTS’ PAPERS
B. Treatment in the Prison
1. Congestion
It is certainly difficult embarking on any
meaningful programme with a bloatedconstituency. While short-sentenced
inmates cannot be offered any meaningfultreatment, their presence puts tremendous
pressure on existing facilities and on thetime and energy of the officers who could
otherwise be deployed in treatment
programmes for the long sentenced
i n m a t e s . Wi t h a r e d u c e d i n m a t e
population, some of the buildings could be
used as classrooms, libraries, workshops
and rooms for group therapy. Parliament
has also been slow in passing the Parole
Bill; perhaps intimidated by the cost of
creating a new bureaucracy, a National
Parole Service.
2. Financing
Until the beginning of the 1998 financial
year, there was no budgetary allocation fortreatment programmes in the Service. The
paucity of the allocation does not give room
for comfort. Massive investment must be
made in terms of the repair and provisionof new machinery and raw materials where
necessary. The Prisons Service has long
been the orphan of the public service andfunding for its activities has traditionallybeen poor. Yet the service has a great
potential of bringing in large revenue if its
resources are properly utilized.
3. Attitude
The attitude of post-independence prison
officers has largely contributed to thecurrent state of affairs. If the officers had
maintained the programmes left by the
British in 1957, the Service would havemade head-way in its treatment
programmes. Advocating reforms in the
penal system should have been theconstant refrain of the prison officer, yet
focus has been on security, not reformation
and rehabilitation.
Ghana has no problem with trained

personnel in all aspects of treatment. The
Service abounds in certified teachers ingeneral, agricultural, technical andvocational education. These categories of
employees, together with the psychologists
and sociologists, were employed for theexact purpose of designing andimplementing treatment programmes forreforming and rehabilitating theincarcerated, but now find themselves ingeneral administration where their skills
can not be fully utilised.
C. Treatment in the Community
1. Supervision
In the absence of a well thought-out
supervisory system such as provided by theinstitution of a parole system, community
based supervision is currently highly
ineffective. The understaffed and overworked police have no time to monitor the
licencee system.
Moreover in Ghana it is difficult to trackpeople down, as large parts of the country
are virtually inaccessible. Record keeping
is very poor and there is no national
identification system. Unless somebody
identifies the offender as a previous
offender in the course of the trial, s/he canalways hide the previous conviction.
VIII. RECOMMENDATIONS
The factors preventing the adoption of asystematic approach can be over come by
a commitment of the Prisons Service
Council and prison administrations to theideals of reformation and rehabilitation.
The Service has been obsessed withsecurity, as it forms part of the Security
Services of Ghana, and perhaps a redesignation to a socially-oriented ministrylike Social Welfare or Justice would
reshape the direction of the Service.
It is also plausible to amend the charterof the Service which requires it to “ensure
the safe custody and welfare of prisoners
and whenever practicable to undertake the339

RESOURCE MATERIAL SERIES No. 54
reformation and rehabilitation ofprisoners”. By removing “wheneverpracticable”, it can make it mandatory forthe prison service to perform the two tasks.
The Prisons Service Council also has amajor role to play. By its composition, it isa very powerful and influential body whichshould be able to influence policy-making
at the highest level. The 1992 Constitution
charged the Council with the responsibilityof introducing a parole system. With theBill before parliament, the Council has toexert pressure to get it passed. Its passage
would reduce the problems of post-releaseprisoners to a large extent.
The Council would do the penal system
of Ghana a world of good by promoting the
adoption of non-custodial sentences. This
would revolutionize the system and pave
the way for real reformation andrehabilitation programmes. However theCouncil would have to use its influence tosecure adequate financing to enable thescheme to take-off. The Financial
Administration Regulations must be
amended to allow the Service to reinvest
its self-generated income as capital for
growth and expansion.
It would also be necessary for the Service
to intensify its income generating activities
by taking on jobs which can be undertaken
inside the prison, for instance, assemblingsmall components for outside companies.
Finally, all personnel who administer
criminal justice must be re-oriented andsensitized on the need for reforms. This
would involve holding refresher courses for
prison officers in particular, and generally
for police officers, social workers, thejudiciary and staff of the AttorneyGeneral’s Department. Given the place oftreatment in Ghana, immediate focus must
be on alternatives to imprisonment andprogrammes inside the prisons. A step bystep approach would have to be adopted inconsidering post-release programmes.

340

IX. CONCLUSION
Ghana can learn from many countries
which have designed and successfully
implemented programmes for thetreatment of offenders at the pre-trial,
incarceration and post-release stages.
While it is true to say that the treatment
methods reflect the level of sophisticationof the various countries, the adaptation ofcommendable programmes to the local
situation is possible.
Alongside the goal of reaching a middleincome country by the year 2020, there
must be a recognition of the changing
trends in society, and their possible effects
on the penal system in Ghana. The
adoption of reforms now would, in addition
to solving a lot of problems, pre-empt afuture situation where the system can nolonger respond to the needs of society andthe incarcerated.