WG 4: European Norms, Policy and Practice Consent and Co-operation of Offenders under Supervision Morgenstern, Bratislava 2013.

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Presentation transcript:

WG 4: European Norms, Policy and Practice Consent and Co-operation of Offenders under Supervision Morgenstern, Bratislava 2013

Consent and co-operation of offenders under supervision Consent - provision of approval or agreement, particularly and especially after thoughtful consideration Morgenstern, Bratislava 2013

Consent and co-operation of offenders under supervision Punishment? (differents aims) Voluntary? Consent Morgenstern, Bratislava 2013

Consent and co-operation of offenders under supervision Consent of:  Offender  Third Parties: Partner/Family/housemates Victims? Morgenstern, Bratislava 2013

Consent and co-operation of offenders under supervision Consent given:  explicitly  implicitly  informed Morgenstern, Bratislava 2013

Consent and co-operation of offenders under supervision Consent can  Determine a sanction/sentence (or pre-trial measure) Community service Therapy Electronic monitoring Chemical/surgical castration?  Shape/modify (the implementation of) a sanction Obligations, interventions, appointments… Morgenstern, Bratislava 2013

Consent and co-operation of offenders under supervision Reasons for consent:  Legal/ethical requirements Pre-trial: presumption of innocence Prohibition of forced labour? Coercive medical treatment/therapy? Conditional release – right to “full service”?  Utilitarian/Practical Idea of “contract”, commitment Prospects of success of a sanction/intervention Morgenstern, Bratislava 2013

Consent and co-operation of offenders under supervision  European Standards (Council of Europe) “Since the implementation of a community sanction or measure shall be designed to secure the co-operation of the offender and to enable him to see the sanction as a just and reasonable reaction to the offence committed, the offender should participate, as far as possible, in decision-making on matters of implementation.” (ER CSM No. 34) Morgenstern, Bratislava 2013

Consent and co-operation of offenders under supervision  European Standards (Council of Europe) Imposition of CSM only when “it is known whether the offender is prepared to cooperate and comply with them” (ER CSM No. 31) Need for informed consent on matters of implementation (European Probation Rules, No. 6) Offender contribution to assessments Negotiation of, if possible, agreement on “work plan” (ER Prob No 67 and 73) Morgenstern, Bratislava 2013

Consent and co-operation of offenders under supervision Questions for a special issue of the European Journal on Probation Morgenstern, Bratislava 2013