This article is written by Walter Hammerschick and is about the project DETOUR, which was funded by the Justice Programme of the European Commission.
In the 47 Member States of the Council of Europe more than 325.000 prisoners are held in pre-trial detention, more than 100.000 of them in the 28 Member States of the European Union. Pre-trial detention serves above all procedural purposes: to prevent a suspect from absconding or from tampering with evidence. The justice systems must have a way of ensuring that those accused stand trial.
Furthermore, detention may be a measure necessary because of a high risk that a suspect carries out (further) offenses of a severe nature. Often, however, detention seems the easiest way of achieving this end. This is contrary to the principle that, with respect to the fundamental right to liberty and the presumption of innocence, deprivation of liberty must only be applied when less severe mechanisms are insufficient to exercise control over the suspect and to guarantee his or her presence at trial (as ultima ratio). Generally, the principle of subsidiarity must be applied in a way that the suspect or accused may await the trial process in conditions of unrestricted liberty or, where justified, under specified restrictions. In prisons, remand detainees often suffer from worse conditions than sentenced prisoners – the European Committee for the Prevention of Torture (CPT) has called this a pan-European problem. Another common problem is an often-observed excessive length of pre-trial detention.
To uphold the fundamental right to freedom as well the presumption of innocence for the suspect by avoiding pre-trial detention also means to avoid harm for indirectly affected people like children or spouses and to avoid costs to affected persons and to society as a whole. The European Convention of Human Rights and initiatives by the EU show that member states share common values in this regard at least to a certain degree. This is further expressed in recommendations by the Council of Europe in this field, for example on prisoners’ rights. But even if there is a common set of values, differences in legal systems as well as the variance in pre-trial detention rates in the member states indicate that there are considerable discrepancies in how the ultima ratio principle is put into practice. These cannot be explained by differences with respect to the crime structure or to social conditions.
Without questioning the sovereignty of the member states in criminal matters, the increasing need for transnational cooperation and the increasing number of cross border cases ask for mutual understanding. Mutual understanding and trust, however, are built up best on the basis of knowledge about the systems, procedures and practice in other countries as well as on the basis of common standards. The DETOUR-project aimed at both: The project was about exploring and analysing pre-trial detention practice and especially ways of reducing the use of pre-trial detention in seven European jurisdictions (Austria, Germany, Romania, Belgium, Lithuania, Ireland and the Netherlands).
After thorough desktop research on the legal preconditions and on the overall context of pre-trial detention in the participating countries, the first step of the empirical work consisted of collecting and analysing qualitative data by conducting observations and file analyses. This data provided the basis for in-depth interviews with a strong focus on the stance of prosecutors and judges and how they assess the decision-making process in the pre-trial phase. We consider that the views, perceptions and experiences of the judiciary are crucial to avoid pre-trial detention. Therefore, we put special emphasis on their assessment of the legal provisions, of the availability of alternatives, as well as of problems and obstacles relevant for the avoidance of pre-trial detention. To broaden the picture, we also included the perceptions and views of attorneys, as well as of representatives of organisations offering their services to avoid pre-trial detention. Of particular interest were also the high numbers of foreigners in pre-trial detention in many countries and the increasing number of cross-border cases that need to be solved within the EU. After the empirical work first results were presented to and discussed with practitioners at three international workshops. The final outcomes were presented at the international conference “Confronting dilemmas of pre-trial detention” in November 2017, in Vienna.
The outcomes of the project suggest that there are many threats to the ultima ratio principle, that there is much need to strengthen it, to pay attention to it and to over and over again remind of its importance. Find the comparative report, the recommendations and the national reports of the project partners at the projects website.
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David Jackson and Jed Stone focus on the use of AI in probation and advocate for investigations to understand the opportunity, address issues and innovate for the good of all.
In March 2024, we paid attention to the study of Steve Pitts and Leo Tigges about Building Probation Capacity . The executive summary of their publication is now available in French and German, including the infographic on capacity building in both languages. Later this year, translations in Italian and Spanish will also be released!
Is the day of a probation officer in Germany similar to the one of someone working in Romania? In the series ‘A day in the life of a probation officer’, we publish articles written by probation officers from different countries in Europe to see if their days look a like or are very different from each other.
‘Providing Mental Health Support to Probation – A European Perspective’ by Charlie Brooker is now available. This book offers an evidence-based exploration of mental health in probation, drawing on research across 27 European countries to provide valuable insights on support mechanisms for individuals on probation.
The publication of EuroVista journals stopped in 2016. On this page you can find the online journals volume 1.1 – 4.2. If you would like to have your research published on the CEP website, please send an email to communication@cep-probation.org.
EuroVista was published up to three times a year by CEP, the Confederation of European Probation. The journal is dedicated to linking research with policy and practice in probation and community justice throughout Europe. EuroVista seeks to share experience of good practice and responses to challenges that may have relevance to many countries across the continent.
EuroVista aims to publish articles that are relevant and accessible to practitioners, managers and policy makers in a wide range of criminal and community justice agencies, especially probation. It is also read by students, researchers, scholars of criminal justice and others who are interested in the subject matter. Whole issues or individual contributions can be downloaded without charge.
Journal on monitoring technology and its use in enhancing public safety. More information on the website of the Civic Research Institute.
Most of the Ukrainian victims of war who take refuge in EU countries are women and children. And these children go to school in their host community, with it becoming one of the first points of contact between the local population and the refugees.
The book ‘The Girl Who Kept Her Eyes Open’ aims to raise awareness among children (7-10 years old) and adults (parents and teachers) of the problems suffered by people fleeing war and their rights.
Through the story of a Ukrainian refugee child meeting a particularly observant little girl in her new school, it shows the importance of paying attention to others in order to recognize the victims of crime – in this case, the victims of war-related crimes – and offer them support.
The Irish Probation Journal aims to provide a forum for sharing theory and practice, increasing co-operation and learning and developing debate about work with offenders. The journal is supported by the Probation Board for Northern Ireland (PBNI) and the Irish Probation Service.
JUSTICE TRENDS is a premium printed and online magazine that features exclusive content such as interviews with Ministers of Justice, Directors General of prison and probation administrations, as well as articles on pressing current criminal justice topics globally.
“I, who had it figured out!” is a memoir by Patrick O’Dea, a social worker who has worked in the Probation Service for twenty years, followed by 17 years in the Social Work School of Trinity College Dublin. Now, he works part-time at University College Dublin. The book reflects on O’Dea’s 40-year journey in social work, including his time as a teacher at Trinity College, Dublin. It explores his experiences in 1970s Ireland, his commitment to the ideals of social work, and the impact of his profession on real lives. The memoir has received endorsements for its wisdom and insight from notable figures in the field of social work.
