An overview of the legal and institutional framework of noncustodial service in Nigeria

Abstract

Non-custodial Service is novel in the history of corrections in Nigeria. It is that aspect of the correctional service that overseas and  superintends the administration of non-custodial measures ordered by the courts. Non-custodial measures are sentences of court that  do not consist of immediate incarceration. These measures include- probation, parole, community service and restorative justice. The  Correctional Service Act, 2019 institutionalized non-custodial measures by establishing a separate institution to run and coordinate the  management of persons sentenced to any of these alternative measures. This paper examined the legal and institutional framework of  Non-custodial Service in Nigeria. The paper adopted doctrinal methodology. It was found that although there are cocktails of non- custodial measures in the law, custodian centres are still congested with inmates serving custodial sentences for minor offences and a  greater percentage awaiting trial. It was discovered same was orchestrated by some legal and institutional bureaucracy and gaps. We  recommend rejigging of the legal and institutional framework for effective implementation of non-custodial measures. The amendment  of the law should reflect pre-trial diversions given that what is in the laws are postsentencing measures. It is also recommended that  necessary committees be set up and adequate fund released to run the scheme.