By Tony O’Riley-
Directors of prison and probation services from the 46 Council of Europe member states, as well as partner organisations, researchers and practitioners, are meeting in Kraków (Poland) today a (25 September )to discuss the challenges faced by prison and probation administrations, in light of the overuse of penal sanctions.
In what will be the 30th Council of Europe Annual Conference of directors of prison and probation services, hosted by the Polish Ministry of Justice and the Polish Prison Service, is addressing the theme “Can we move away from the overuse of penal sanctions?”.
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Is imprisonment the best solution?
Amongst the attendees to decorate the all important Conference are the Directors General of the Council of Europe member and observer states as well as by representatives of the European Union, the United Nations, the European Organisation of Prison and Correctional Services (EuroPris), the International Corrections and Prisons Association (ICPA) and the Confederation of European Probation (CEP). It will also be attended by renown researchers and professionals
It follows an increasing pressure by the European prison and probation services to manage persons safely in prisons or in the community.
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As the number of persons in detention or subject to a sanction in the community rises, the ability to offer them a rehabilitative pathway becomes more challenging. The consequences of prison overcrowding undermine the ability of prisons to function properly and to prepare persons for reintegration into the community.
One third of European prison services are affected by overcrowding, according to the Council of Europe’s 2024 Annual Penal Statistics on Prison Populations (SPACE I).
Some of the issues to be discussed include the use of data and risk assessment tools to reform penal policies, the promotion of positive health and trauma informed care, children with imprisoned parents, and the strategic approach by prison and probation services to crisis management.
Speaking at the opening of the conference which began yesterday, the Minister of Justice of Poland, Waldemar Żurek, emphasised that the debate about the overuse of penal sanctions “poses a fundamental question. Not only about how to punish, but above all about whether imprisonment is the best solution, both from the perspective of the offender, the victim, and society as a whole”, and pointed out the need to apply evidence-based policy “based on data, research, and real social impact”.
“Contemporary justice should move away from mass isolation and instead develop tools for individualising and personalising penalties based on a reliable assessment of the risk of reoffending. In particular, we must recognise the needs of people with mental disorders, addictions, or intellectual disabilities”, he said. “In this perspective, the probation systems and non-custodial measures become crucially important and should not be treated as gentle alternatives, but as fully-fledged, modern, and humane tools of criminal justice”, he added.
Penal excess can lead to increased recidivism
Hugh Chetwynd, Head of the Department on Deprivation of liberty of the Council of Europe, reiterated that moving away from the overuse of penal sanctions “is in line with the Council of Europe´s role in improving human rights and the rule of law in criminal justice, including by providing more humane and socially effective penal sanctions”.
He underlined the consequences of penal excess, including “prison overcrowding and subsequent poor conditions of detention, the negative impact on staff working in prisons and high rates of recidivism”.
Mr. Chetwynd also highlighted the role the Council of Europe plays in developing standards in the field of prison and probation, including the ongoing work to update standards related to education in prison. In addition to the monitoring work carried out by the European Committee for the Prevention of Torture (CPT). The Council of Europe cooperation projects play an important role in supporting national authorities in implementing prison and probation standards in practice.
There has been recent concern about the high rates of recalls to prison in the UK, leading to some offenders recalled to serve the rest of their license in prison for arriving at probation meetings late or over some infringement of their license conditions.
New rules now replace most standard recalls for Standard Determinate Sentence (SDS) offenders with a 56-day fixed-term recall to free up prison space. This change mandates automatic release after 56 days and applies to sentences between 12 months and under four years, unless excluded for public safety reasons or other specific
Whilst reasons for recall can include failure to attend probation appointments, absconding, or allegations of further offences, they are generally authorised by a probation officer who have sometimes been said to make such decisions for malicious reasons over trivial infringements.
A varied agenda
During the conference, several workshops will explore the use of data and risk assessment tools to reform penal policies, the promotion of positive mental health and trauma-informed care, and ways to support children with parents in prison, as well as the need for a strategic approach by prison and probation services to crisis management.
Other items on the agenda include the net-widening of prison and probation- whereby more individuals are brought within the criminal justice system’s
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