Probation and Probation Services

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Probation and Probation Services

• Professor Anton van Kalmthout
• March 2006

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COMPARISON OF PROBATION AND EUROPEAN PROBATION
SERVICES

• What is probation?
• History
• Trends
• Similarities
• Differences
• Core Tasks
• Developments in central and eastern countries

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WHAT IS PROBATION ?

• Methods of punishment
• Probation as system
• Sentencing disposition

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PRE-TRIAL PHASE

• Social Enquiry
• Early help
• Mediation
• Alternative interventions
• Prevention

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TRIAL/EXECUTION PHASE

• Pre-sentence/advisory reports
• Guidance and support
• Community sanctions
• Preparation for reintegration
• Supervision and control

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POST-TRIAL/EXECUTION PHASE

• After-care
• Re-integration activities
• Guidance and support
• Prevention

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HISTORY

• 19th century focus changed from criminal act to
  criminal offender
• Criminal law became more individualised,
  attention for rehabilitation
• Voluntary work tradition, from individuals and
  (Christian) charitable organisations
• 20th century work of private probation
  organisations taken over by the state.

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CHARACTERISTICS

• Development of probation is influenced and
  embedded in societys general development
• Diversity in EU countries due to
  linguistic,social, cultural political differences
  
• Position and activities of probation services are
  direct reflelction of developments in criminal
  justice

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CHARACTERISTICS (continued)

• In modern sanction system there is more attention
  for
• Rehabilitaion and resocialisation of offender
• Preventive measures
• Individual situation of offender
• Crime control
• Risk assessment
• Safe society

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TRENDS

• Rise, decline and revival of volunteer work and
  development of professional work
• From providing assistance tot supervision of
  offenders
• Shift from private to public (financed) probation
  organisations
• Introduction and increasing importance of
  alternative sentences like community service,
  electronic monitoring, mediation

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TRENDS (continued)

• Probation services activities have increasingly
  shifted from inside (penal institutions) to
  outside (community)
• Shift from simple sanction system (imprisonment,
  fine) to a comprehensive sanction system with
  alternatives for non-custodial sentences.
• Increased workload

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CORE TASKS

• Providing information
• Helping and providing assistance
• Diverting
• Preventing recidivism
• Contributing to a safe society

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CORE TASKS (continued)

• Supporting detainees
• Supervision and monitoring
• Involving other partners in probation activities
• Assistance of offenders families
• Organisation/implementation of CSMs

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SIMILARITIES

• Tasks and activites do not differ in essence!
• Most mission statements include
• Public protection
• Risk assessment
• Effective execution of sentences
• Organisation, preparation, execution and
  implementatiopn of sanctions (including
  supervision)

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SIMILARITIES (continued)

• Traditionally focus on offenders and not victims
  of crime
• Centrally organised, controlled and financed by
  central government (ministry of justice)

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DIFFERENCES

• Priority being given in mission statement to
• Community sanctions
• Preventing of re-offending
• Distinction between adults and young
  offenders/high risk offenders
• Role in crime prevention
• Prosition of probation services (part of prison
  service)

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DIFFERENCES

• Education of probation officers
• Specialisation of probation work/officers
• Role of the courts/public prosecutor

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DEVELOPMENTS IN CENTRAL AND EASTERN COUNTRIES

• Impressive progress in short time (new
  legislation and attitudes)
• Probation services focus is on supervision of
  offenders
• Less aftercare nor crime prevention

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DEVELOPMENTS IN EASTERN COUNTRIES (continued)

• Limited use of alternatives (like community
  sanctions) and victim-offender mediation support
• Few activities in pre-trial and post-sentence
  phase
• However, slowly more towards offenders inclusion
  rahter than exclusion

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HOW TO START WITH PROBATION?

• Dcentralised/Centralised?
• All Tasks/Priorities in activities?
• Partnerships (Police,courts, public prosecutor,
  universities, political parties, local
  authorities, media)
• Training and education of probation officers
• Supporters (EU, CoE, CEP, PRI, OSI, NGOS)

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Important Conditions

• Motivation
• Co-operation
• Echange of experiences
• Perseverance