In a recent interview to the press, the Commissioner of Prisons was candid in revealing three troubling facts about the incarcerated population in our country. First, detainees are getting younger every year. Second, a majority of those in this category are serving short-term sentences, typically between four to six months. And third, the rate of reoffending among these detainees exceeds 70%.

These facts lay bare the urgent need for a change in culture within our criminal justice system. While the prison service is an integral component of this system, there exists a glaring disconnect between the courts that sentence offenders and the prisons that receive them. If short-term imprisonment leads to high reoffending rates, then it is imperative we rethink our conventional approach to sentencing and explore alternative diversion schemes—especially when it comes to young offenders. The current approach all too often turns the prison door into a revolving door.

Restoring the Role of the District Court

District courts are entrusted with less serious offences, and their limited jurisdiction reflects their intended closeness to the communities they serve. For this very reason, it is essential that magistrates understand the root causes of offending, particularly among young adults. A magistrate can only do so effectively if they maintain a connection with the social realities of the community. This change in culture must operate on two fronts:

1. Reforming Court Structure

We must consider reviewing the composition of the court by introducing lay magistrates to assist District Magistrates. These laypersons, drawn from the community, can offer insights that enhance the court’s understanding of the broader context in which offences occur.

2. Reinforcing Chambers Sessions

Magistrates should also be encouraged to devote more time to Chambers Sessionsa once central component of their duties. During these sessions, they would receive reports from dedicated probation officers based at the court, who maintained close links with local communities and were often intimately familiar with the family backgrounds of minor offenders. Likewise, neighbourhood police officers, familiar with community dynamics, were invaluable sources of insight.

Unfortunately, today’s magistrates are overburdened with backlog, and chambers work has diminished as a result. From Disconnection to Engagement

Under our current sentencing model, the relationship between the court and the offender ends once the sentence is pronounced. Judges and magistrates receive no feedback on the impact or effectiveness of the punishment they imposed. This deprives them of critical insight into whether justice has, in fact, been served.

An ongoing engagement between the court and the offender - post-sentencingcan help judges understand what works. Equally, it motivates offenders to rehabilitate when they know that a judicial officer is following their progress.

Starting Point for Reform

It is at the very moment a suspect is charged that the problems begin. If we are serious about reform, then the time has come for a cultural shift in how we sentence, rehabilitate, and reintegrate offenders into society.

We must replace the revolving door with a bridge-one that leads from offending to reform, and from incarceration to contribution.

Satyajit Boolell SC

Chairperson NHRC