Restorative Justice and Non-Custodial Measures as Panacea for Prison Decongestion in a Covid-19 Era: Nigeria in Perspective

ABSTRACT

Restorative and non-custodial sentences or measures are those sentences a court can impose on an offender which does not involve keeping the offender in prison or any other penal facility. They include compensation, damages, costs, restitution, restoration, plea bargain, community service, suspended sentence, probation and parole. The overuse of imprisonment and fine as sentencing measures by the judiciary in Nigeria without commensurate recourse to restorative and non-custodial sentencing measures as provided in our laws have increasingly led to prison congestion. Overcrowding is a known risk factor for infection and high-density prisons can double the risk of major infections, such as tuberculosis and COVID-19. This paper, while discussing legislative provisions on restorative justice and non-custodial sentences, makes a case for Judges, Magistrates and Prosecutors to apply restorative justice and non-custodial measures as they are beneficial and viable tools for prison decongestion particularly in this COVID-19 era. © The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2023.