Handbook of basic principles and promising practices on Alternatives to Imprisonment

It is essential that policy-makers take a close look at who is being held in prison, why they are there, and for how long they are being detained. Where such data are not immediately available, steps should be taken to ensure that they are regularly reported to policy-makers and to other senior stakeholders in the criminal justice system. Invariably the data will reveal that prisoners are disproportionately drawn from the poorest and most vulnerable groups in the community. Such prisoners may be serving sentences for petty or non-violent offences or may be awaiting trial for unacceptably lengthy periods of time. For them, imprisonment may not be suitable at all. Alternatives to imprisonment offer a variety of strategies for dealing appropriately with such persons that do not involve imprisonment at all. Alternatives should therefore be the primary point of departure in order to avoid over-reliance on imprisonment.

At the sentencing stage, the handbook has suggested a careful examination of each case to determine whether a prison sentence is required at all. If so, the handbook has further suggested that sentences be for the minimum period of imprisonment that meets the objective for which imprisonment is being imposed. The handbook has also discussed in depth a number of alternatives to imprisonment, including, but not limited to, verbal sanctions, conditional discharge, status penalties and community services orders as suggested by the Tokyo Rules.