Transcript Conference Permanente de la Probation

Conférence Permanente de la
Probation
An Introduction by Leo Tigges,
secretary general
History of CEP
• Foundation by England, France, Germany
and The Netherlands in 1981
• Reason for foundation: growing number of
foreign nationals in national prisons
• Member countries in 19
• Member countries in 2006: 26
• Recent memberships: France, Italy, Spain,
• Missing: Germany, Poland, Greece
Mission Present Board
“The Conference Permanente Européenne de
la Probation will promote pan-European cooperation in the development and delivery of
community sanctions and measures. It is
committed to achieving just outcomes,
increased public protection and community
involvement in the reduction of offending
across all the countries of Europe - based on
the tenets of human rights, well thought out
policies, evidence based practice and the
best use of public resources.”
In other words CEP is about
• Community Justice: Crime happens and
must be resolved in communities
• Human rights: bringing alive basic rights
and responsibilities
• Delivery of effective sentences: working
to protect the public and reducing
reoffending; developing options that are
tough, consistent, fair, accountable, based
on good principles and good evidence
Probation in Europe
Learning and exchange
What Probation means is very different
in different countries. It ranges from early
help to work with prisoners and supervision of released prisoners.
In between are pre sentence reports,
community measures used as diversions,
community sanctions.
Learning and exchange
Probation changes its face
• from welfare to corrections
• a more scientific probation approach
(research, risk assessment, multi modality
of interventions)
• victims concerns are critical
Essential role probation in penal
system (1)
• Justice is done and effectiveness of the
penal reaction is served when
– the personal circumstances are taken into
account: pre-sentence probation report
– risk of recidivism is included in the sentence
and the execution of the sentence:
assessment reports
– If needed, supervision, behavioural
interventions and aftercare is offered
Essential role probation in penal
system (2)
• non-custodial sentences are
more effective and less costly
than custodial sentences
• Supervision, aftercare and
behavioural interventions are
needed to prevent recidivism
Aims and focus of CEP
• Enhancing profile of probation
• Enhancing professionalism of probation
• Focus on Human rights and evidenced
based practice
How does CEP help?
• Programme of Activities: Conferences,
workshops, seminars
• Exchange of ideas: Bulletin, Website,
commitment to What Works/evidence
based practice and public protection
• Provisions of Experts to the European
Union and the Council of Europe
• Influencing Governments, partners in
penal system, European Institutions
Overview conferences (1)
• The foreign offender (1981 and 1982)
• Electronic Monitoring (1998, 2001, 2003,
2005)
• Conventions, Recommendations CoE (
1986) and European rules on Community
Sanctions and Measures (1998, 1999)
• Community Sanctions and Measures,
Community Service (1988, 1999, 2001,
Overview conferences (2)
• Sex offenders (2000, 2003, 2006)
• Effective Practice, What Works? (1996,
2002, 2004)
• Cooperation judicial authorities and
probation services (1984, 1987)
• Victim and Offenders, Mediation (1985,
• Drugs (Probation intervention 1991; Drug
couriers 1996)
Changing character of CEP
• Other subjects, items (electronic
monitoring, what works, toughness)
• Emerging countries
Well-established services are engaged in
a process of re-visioning at a time when
probation services elswhere in Europe are
developing a vision for the first time.
• Focus on governments and European
institutions
Activities Council of Europe on
Crime Problems(1)
• Much work devoted to Extradition, Mutual
Assistance in Criminal Matters, Terrorism,
Corruption, drug abuse, juvenile
delinquency, cyber crime etc.
• Relatively few work devoted to Probation
A higher International Profile of
Probation is needed
• Probation has not been a priority on the
agenda of the European Institutions
• The wind behind the back of probation:
– one cannot go on with building more prisons
(expensive and not effective)
– Every country has a lot of foreigners in its
penitentiary institutions
– Probation is not a soft option
Activities Council of Europe on
Crime Problems(1)
• Much work devoted to Extradition, Mutual
Assistance in Criminal Matters, Terrorism,
Corruption, drug abuse, juvenile
delinquency, cyber crime etc.
• Relatively few work devoted to Probation
Council of Europe (2)
Positive developments
• The Council studied CEP’s contribution to
the new Prison Rules
• invited the DG’s of Probation at the ad hoc
conference for Director Generals of the
Prison Services (November 2004)
• organised the Conference on Probation
and Aftercare in Istanbul 14-16 November
Council of Europe (3)
Positive developments
• 2006: formulating a frame of reference for
developing Recommendations on Role and
Function of Probation Services in Europe; 2007
and 2008: work in progress
• No separate scientific study/working group will
be set up but work will be carried out by the
European Committee on Crime Problems
• 3 to 5 new members will be appointed in April
2006; lobby countries necessary to nominate
experts in probation!
European Commission (1)
• Probation has never been on the agenda
of the European Commission
• Agenda dominated by free movement of
persons, goods, services and capital
• Upcoming interest in Justice topics
• New developments on Rules and Funding
European Commission (2)
Transfer of sentenced Persons
• Austria, currently chair of EU, took the initiative
of a draft on new rules on the transfer of
sentenced persons without their consent
• “The transfer of sentenced persons to the State
of Nationality, the State of legal residence or the
State with which the persons have other close
links to serve their sentence helps with their
rehabilitation”.
European Commission (3)
Transfer of sentenced Persons
• First time that rehabilitation is mentioned
in EU rules!
• Background: how can foreign offenders be
sent back as soon as possible
• Gives opportunity for CEP to present itself
with the EU in working out the
consequences for Probation
European Commission (4)
Transfer of sentenced Persons
• Is an advisory report from the Probation
Service necessary in answering the
question whether sending the offender
back to his State of Nationality is helpful
for his resettlement?
• Which probation service (the issuing or the
executing state) is going to advise the
authorities? What will have to be the
minimum topics covered?
European Commission (5)
Funding
• AGIS funding program will run until the
end of 2006
• New funding programs for the period
2007-2013 are under preparation
• More money available for projects with an
European dimension in the field of justice,
security and safeguarding liberties.
• CEP and the member countries should in
2006 explore what “is in it” for probation.