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Promoting Probation Internationally

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Promoting Probation Internationally United Nations Interregional Commonwealth Crime and Justice Research Institute Secretariat pprroommoottiinngg pprroobbaattiioonn iinntteerrnnaattiioonnaallllyy United Nations Interregional Commonwealth Crime and Justice Research Institute Secretariat promoting probation internationally Proceedings of the International Training Workshop on Probation (2-5 July 1997, Valletta, Malta) Edited by Renaud Villé Ugljesa Zvekic Jon F. Klaus Publication No. 58 Rome / London December 1997 ã 1997 UNICRI Commonwealth Secretariat United Nations Publication Sales No. E.98.III.N.1 ISBN 9 290 78034 7 UNICRI and Commonwealth Secretariat copyright except when specified. This publication may be freely reprinted provided the source is acknowledged, and a copy of the publication or reprint is forwarded to UNICRI and the Commonwealth Secretariat. The opinions expressed in this publication are those of the authors and contributors and do not necessarily reflect the views of UNICRI or the Commonwealth Secretariat. This publication was made possible thanks to the generous contribution of the Commonwealth Secretariat. Table of contents Page Preface i Editors’ notes iii Recommendations v Opening and introductory statements Alfred Sant (Prime Minister of Malta) 3 Herman F. Woltring (Director of UNICRI) 8 Richard C. Nzerem (Assistant Director of the Legal and Constitutional Affairs Division, Commonwealth Secretariat) 14 Key note addresses International trends in non-custodial sanctions Ugljesa Zvekic 19 Developments in probation: an international perspective Robert Harris 38 Knowledge transfer and its mismanagement: the ‘what works’ for administration and leaders Jon F. Klaus 44 Session one What works in corrections? A blueprint for action Larry L. Motiuk 61 Working group reports on: · Types of supervision and ‘what works’ 74 · Community based offender programmes 76 · Use of volunteers 77 Page Session two Developing a probation capability: assessment, monitoring, evaluation and training Michael Hough 81 Working group reports on · Training 94 · Risk assessment 98 · Performance indicators and minimum standards 100 Session three Probation as a community-based programme Joseph K. Gitau 107 Working group reports on · Probation practice and the culture 119 · Introducing and revitalising probation: political dimension 121 Session four Leadership in the management of the criminal justice system Don Demers 125 Working group reports on · Knowledge transfer and international co-operation 133 · Probation, law enforcement and social welfare 136 Session five The draft Handbook on Probation Services: Guidelines for Probation Practitioners and Managers Renaud Villé 139 European standards in the area of community sanctions and measures Wolfgang Rau 144 The Permanent European Conference on Probation and Aftercare (CEP) Peter Gründler 150 Page Closing statement Charles Mangion (Minister of Justice of Malta) 157 General report International co-operation in probation Robert Harris 161 Technical co-operation needs 167 Evaluation 170 Annexes The Needs/Risks Assessment Record developed by South Bank University 175 Examp les of the output from the Offender Group Reconviction Score developed by the Home Office 182 Programme 184 List of participants 186 Preface The United Nations Interregional Crime and Justice Research Institute and the Commonwealth Secretariat have a longstanding relationship based on issues of common interest in the area of crime prevention and criminal justice, which has resulted in a series of joint activities. Among the various issues of common interest or concern, non-custodial sanctions in general and probation in particular attracted the attention of both entities. The Commonwealth Secretariat is interested in probation because many developing Commonwealth countries face difficulties with the administration of criminal justice, while UNICRI’s interest lies in its long-standing experience in research related to alternatives to imprisonment, and its commitment to continue activities in this area. Despite the fact that imprisonment is still considered the most appropriate sentence for a number of crimes and offenders, experiences in countries in which probation is an option have indeed demonstrated that it is far less costly and far more humane than imprisonment. Non-custodial sanctions remain an area of interest and hope for a more rehabilitative, less punitive and less costly way of controlling and preventing crime. The importance of non-custodial sanctions was stressed during the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders (Havana, Cuba 27 August - 7 September 1990). The Congress adopted the UN Standard Minimum Rules for Non-custodial Measures (The Tokyo Rules) and a resolution on Principles and Directions for Research on Non-custodial Sanctions. Both documents call for the promotion of non-custodial measures highlighting the need for presentation, research and training on the use and effectiveness of non-custodial sanctions in order to facilitate informed decision-making and administration1. In the framework of the Congress, UNICRI organised the Research Workshop on Alternatives to Imprisonment. The material of the workshop from which the aforementioned resolution emerged was then published in 19942. Subsequently, UNICRI, jointly with the UK Home Office, carried out research in 10 countries which resulted in a publication entitled ‘Probation Round the World’.3 1 Report of the Eighth UN Congress on the Prevention of Crime and the Treatment of Offenders, Havana, 17 August - 7 September 1990 (A.Conf.144.28/Rev.1) 2 Zvekic, U. (ed.) (1994) Alternatives to Imprisonment in Comparative Perspective. Chicago: Nelson-Hall Publishers. Zvekic, U. and Alvazzi del Frate, A. (eds.) (1994) Alternatives to Imprisonment in Comparative Perspective: Bibliography. Chicago: Nelson-Hall Publishers. 3 Hamai, K., Villé, R., Harris, R., Hough, M. and Zvekic, U. (1995) Probation Round the World. London: Routledge. i It was therefore natural for the Commonwealth Secretariat and UNICRI to join efforts to organise and hold an International Training Workshop on Probation for practitioners and managers from around the world. Since ‘Probation Round the World’ was among the first international comparative studies on probation, the International Training Workshop on Probation was probably the first international event of this kind ever to be organised. It was the intention of the Commonwealth Secretariat and UNICRI to involve as many countries as possible in order to maximise the exchange and dissemination of information, to create the bases for contacts among probation practitioners and managers from around the world, to internationalise the issues facing probation services, and to promote probation internationally. Participation in the International Training Workshop on Probation should be seen as having represented an important opportunity (i) for collecting information on the probation system in those countries in which probation exists; (ii) for facilitating its effective implementation in countries where it exists only on the books; and (iii) in providing useful information on how to go about introducing probation when it does not exist. Indeed, some countries which do not as yet include probation as a sentencing option, but are considering introducing it, were represented. The International Training Workshop on Probation was a gratifying experience for four main reasons: (i) because it was attended by some 60 participants representing more than 30 countries; (ii) because of its focus on both strategic as well as practical issues; (iii) because of its outputs such as the present volume as well as the forthcoming ‘Handbook on Probation Services: Guidelines for Probation Practitioners and Managers’; and finally (iv) because the participants urged similar exercises to be organised either at the international or at the local level. The set of recommendations serves the purpose of promoting probation internationally. We would like to express our thanks to the Government of Malta for having hosted the International Training Workshop on Probation, as well as the Foundation for International Studies for its organisational support. Our special appreciation goes to His Honour Mr. Justice Lino Agius, without whose devotion it would not have been possible to organise the ITW in a such a short period of time. Obviously, the ITW is the result of the involvement of numerous persons at various stages and all of them deserve our gratitude. We hope that this volume will serve to promote probation world wide and that follow-up activities will fully justify the energy spent on it and fulfil the expectations created. HERMAN F. WOLTRING RICHARD C. NZEREM Director Assistant Director UNICRI Legal & Constitutional Affairs Division Commonwealth Secretariat Rome, Italy London, England December 1997 December 1997 ii Editors’ notes To promote probation internationally is a long process composed of research, such as ‘Probation Round the World’, training, such as the International Training Workshop on Probation (ITW), and networking including communication and dissemination of information. It is in the latter context that the present publication finds its raison d’être. The general objective of the ITW was to promote probation as a credible and effective alternative to imprisonment by increasing exchange of information, improving contacts at the international, regional, national and local levels, preparing a ‘Handbook on Probation Services: Guidelines for Probation
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