Africa-Press – Uganda. A judge early this week called for a new approach for community service sentences.
According to Justice Tadeo Asiimwe, judges should not be given full discretion in meting out community service orders – a punishment in which an offender on conviction performs community work at a government or public facility.
Justice Asiimwe, the chairperson of the community service programme in the courts of Judicature, argued that judicial officers’ decisions in such matters may be viewed by the complainants as being too lenient.
The remarks were made during a meeting of the Justice, Law and Order Sector at Ntungamo Magistrate’s Court. It was aimed at discussing the state of community service in the justice system.
Justice Asiimwe was responding to several comments by participants who noted that when community service is given for offences such as theft, threatening violence and assault, there is always public uproar as some complainants feel this is not punitive enough. (See ‘Judge wants new approach for community service sentences’, Daily Monitor, Wednesday December 8, 2021).
In 2001, Uganda introduced Community Service Orders Programme as an alternative to imprisonment, especially of those with minor offences.
This method, an outcome of the Kampala Declaration in 1996, was seen as the answer to reduction of overcrowding in prisons as well as improving reintegration of offenders into their communities.
It was also not only good for reconciliation, but would help decrease the high costs government was incurring to maintain prisoners.
Currently, the law gives judicial officers discretion to award any form of punishment, including community service for petty crimes but it now faces resistance , because, according to Onesmus Matsiko, a lawyer, it brings about mistrust in the justice system, leading to mob action.
The Penal Code provides for crimes and their punishments, which punishment should not be given in excess and /or twice. This becomes double jeopardy.
Judicial officers have the discretion, but which discretion does not function in vacuum. In other words, there is a law providing for it. Therefore, there is no way they can remove the discretion from the judicial officers.
Instead, the public should be sensitised about this form of punishment; why it is administered in the first place, its advantages and disadvantages.
This will resolve the community outcries.
The complainants who do not see offenders being punished enough through community service sentencing, do not understand exactly what kind of punishment it is.
Let’s embark on sensitising the community, including the local leaders.
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