APPRAISAL OF NON-CUSTODIAL SENTENCES IN NIGERIA CRIMINAL JUSTICE SECTOR

The activities of the Criminal Justice Sector in Nigeria commences with the commission of a crime and continues and/or completes with subsequent interventions by the law enforcement agencies of the system that has the power of arrest, arraignment, trial, sentencing and punishment of offenders. A criminal trial involves the state who prosecutes offenders, the society and the offender who commits the act. The process of determining whether the accused or defendant did the act or committed the omission alleged against him, if he did, depends on the diligence of the prosecution against him and the sentence imposed on him for his wrongdoing. In some legislation, the word sentence and judgment are used interchangeably. Imprisonment as a disposition method has created a lot of problems not only in Nigeria criminal justice system but also, in most countries of the world. It is now believed that imprisonment no longer serves the purpose of deterrence, for which it was meant to serve. The offenders wrong the state and yet the state is responsible for their welfare while in prison, hence, the prison life makes inmate come out more hardened. This research work seeks to appraise the law and practice of some non-custodial sentences in Nigeria under the various criminal law statutes and the provisions of the recently enacted Administration of Criminal Justice . Act, 2015. It is noted that while the laws allow for alternative sentencing to imprisonment, there were no adequate institutional facilities to drive it; its application is rather restricted to certain offenders like juveniles and a whole lot of other issues are impeding its success. Meaningful recommendations are offered at the end of this work. This research work further seeks to critically examine the law and policy in criminal justice administration and sentencing in Nigeria since the enactment of Administration of Criminal Justice Act, 2015 and its effect on the system.