Split sentencing could soon change how offenders are punished and rehabilitated.
The measure, where part of a sentence is served in prison and the rest under supervised conditions in the community, was discussed during Wednesday’s Senate debate on the Probation of Offenders (Amendment) Bill, 2026, with the aim of reducing prison overcrowding and improving rehabilitation.
Minister of Justice, Devesh Maharaj, presented justification for the amendment, noting that this Bill aims to strengthen and expand opportunities for the rehabilitation of offenders, with accountability present at all stages of the process.
“It ensures that offenders are held accountable through imprisonment but are given a structured support to reintegrate into society. If, however, he fails or commits another offence as a probationer, he will do the full sentence, or he will come back to serve the remainder of his sentence.”
The probation term would also be amended from three to five years to allow an adequate assessment of rehabilitation.
For reformed individuals, Minister Maharaj noted that they stand the chance of having their records sealed.
“If you are successful in your period of probation, the probationer can apply to the court to have your record sealed. This is a forward-looking measure, Mr. President. It supports reintegration back into society, giving rehabilitated individuals a second chance to build their lives free from the stigma of past mistakes. In other words, you seal. It doesn’t show up on your court record. They can get back into the workplace, you can get your certificate of character from the police, which is a requirement these days, it seems, in most places, and you get back on their feet and you move on.”
The Minister justified the imposition of split sentencing as being rationally connected to the objective of the Bill, which aims to reduce overcrowding in the prison system.
“Whether the objective of the Bill is sufficiently important to justify the limitation of fundamental rights to private life and freedom of movement must be answered definitively in the affirmative. Reducing duration of custodial sentences serve to alleviate prison overcrowding, whilst simultaneously ensuring that incarceration is reserved for individuals who pose an imminent threat to public safety, demonstrate persistent offending behaviour, or have committed serious offences.”
In all this, the Minister noted, a fair balance must be struck between the rights of the individual and the rights of citizens.
“The legitimate aims being sought by the Bill are to ensure that the sanctions imposed on offenders are meaningful, proportionate, and tailored to their individual risks and rehabilitative needs. In doing so, it aims to reduce the likelihood of repeat offending and to alleviate pressures on the custodial system. Beyond mitigating the strain on an already overcrowded prison environment, the introduction of split sentencing provides an additional safeguard for the public. It ensures that offenders remain under structured, continuous supervision while engaging in rehabilitative interventions.”
The amended Probation of Offenders Act may strictly enforce measures including participating in community service, wearing an electronic monitoring device, adhering to a curfew imposed by the court, and the provision of a non-invasive DNA sample prescribed by the court.