Introduction
There is a common notion among people that, once a prison sentence is issued, the convicted person must necessarily serve the full sentence inside a correction and rehabilitation facility. However, Bahraini law permits, in specific cases and subject to legal conditions, the replacement of the original penalty with other penalties that are carried out outside prison or in a different manner.
This is regulated by Law No. 18 of 2017 on Alternative Penalties and Measures, which aims to provide alternatives to custodial penalties in cases permitted by law, while preserving the enforcement of judgments and achieving deterrence and rehabilitation.
An alternative penalty is a penalty that the judge, or the Sentence Enforcement Judge, as the case may be, may substitute for imprisonment or detention in accordance with the conditions and circumstances set out by law. In simple terms, an alternative penalty does not mean cancelling criminal liability or dropping the penalty. Rather, it means enforcing the criminal penalty in a manner different from serving the sentence inside prison.
The law distinguishes between alternative penalties and alternative measures. The difference may be explained as follows:
Alternative Penalties
These apply when a person has been sentenced to imprisonment, and the law permits replacing the execution of imprisonment with another penalty. Instead of serving the sentence inside prison, the person may be required to carry out an alternative penalty, such as community service, electronic monitoring, residence in a specific place, attendance at rehabilitation and training programs, or repairing the harm caused by the crime.
A simple example: if a person is sentenced to six months’ imprisonment, the law may permit, where the required conditions are met, replacing that sentence with an alternative penalty.
Alternative Measures
These mean that the case has not yet concluded and no final judgment has been issued. However, instead of keeping the accused in pre-trial detention, the law may, in specific cases, require the accused to comply with a certain measure, such as residing in a specific place, attending a police station at specified times, or being subject to electronic monitoring.
A simple example: if a person is accused in a case and the investigation or trial is still ongoing, they may be permitted not to remain in pre-trial detention, provided they comply, for example, with attending the police station at specified times or residing in a specific place.
The law in Bahrain identifies several alternative penalties, which includes:
- Community Service: The convicted person may, with their consent, be assigned to perform work for the benefit of an entity without payment. As far as possible, the work should be compatible with the convicted person’s profession, and the period of work must not exceed one year, nor exceed eight hours per day.
- House Arrest in a Specific Place: The convicted person must not leave a specified residence or geographic area, in accordance with the controls and procedures set for implementing this penalty.
- Prohibition from Visiting Certain Places or Websites: The convicted person may be required not to enter a certain geographic area or not to access specific websites, where there is a connection between the prohibition and the crime committed.
- Undertaking Not to Approach or Contact Certain Persons or Entities: The convicted person may be prohibited from approaching a specific person or entity, whether physically, verbally, or by any other means. They may also be prohibited from contacting or communicating with them.
- Electronic Monitoring: The convicted person’s movements may be tracked electronically using the electronic monitoring tools available to the Ministry of Interior.
- Attendance at Rehabilitation and Training Programs: The convicted person may be required to attend programs aimed at correcting their behavior or rehabilitating them, whether medical, psychological, social, educational, vocational, or industrial programs.
- Placement in a Specialized Psychological Care Institution or Health Facility: In cases where the legal provision applies, the convicted person may be required to remain in a specialized institution or health facility for rehabilitation or treatment, with periodic assessment by specialists and doctors.
It is also important to note that, under Article(10) of the above law, when sentencing a person to imprisonment for a period not exceeding one year, the judge may replace it with one or more of the alternative penalties provided for by law. Article 11 of the same law also permits the judge, when imposing imprisonment for a period exceeding one year and not exceeding five years, or detention for a period not exceeding five years.
Among the conditions considered by law in some of these cases are:
1. The convicted person must be of good conduct and behavior.
2. Their release must not pose a threat to public security.
3. They must have fulfilled the financial obligations ordered against them by the criminal court, unless fulfilment is impossible.
The Sentence Enforcement Judge decides on the request after hearing the statements of the Public Prosecution.
An alternative penalty does not mean exemption from punishment. Rather, it is a method of enforcing the penalty in accordance with the law and the competent judicial authority.
The law also regulates the period for implementing alternative penalties and grants the Sentence Enforcement Judge jurisdiction to consider matters and disputes relating to their enforcement.
Compliance with the alternative penalty is essential. If the convicted person refuses to carry out the alternative penalty or breaches their obligations during its implementation, the Sentence Enforcement Judge may, depending on the case, order the execution of the original penalty or the remaining part of it, or require the person to comply with another alternative penalty in accordance with the law.
The law also includes criminal provisions relating to escaping from the enforcement of certain alternative penalties or measures, breaching their implementation, or assisting a person to escape from their enforcement.
Therefore, an alternative penalty should be viewed as a legal obligation that must be complied with, not merely as a privilege whose conditions may be ignored.
Depending on the circumstances, a member of the Public Prosecution or the judge may require the accused to comply with one or more of the following alternative measures instead of pre-trial detention: house arrest in a specific place, attendance at a police station at specified times, prohibition from visiting a specified place or places, an undertaking not to approach or contact certain persons or entities, or electronic monitoring.
Conclusion:
The system of alternative penalties and measures in the Kingdom of Bahrain represents a legal framework that allows, in specific cases, the enforcement of criminal penalties through alternatives to prison or pre-trial detention. However, benefiting from this system is not automatic. Its application varies depending on: the type and duration of the penalty - the stage reached by the case - the personal or health circumstances in cases provided for by law - the availability of legal conditions - the discretion of the judge or Sentence Enforcement Judge within their jurisdiction - and compliance with the conditions and controls prescribed for enforcing the alternative penalty or measure.
Therefore, determining whether alternative penalties may be used in any particular case requires studying the judgment issued, its duration, the nature of the penalty, the enforcement stage, and the personal circumstances of the convicted person, in light of the laws in force in the Kingdom of Bahrain.