1. Kosovo (Under UNSCR 1244) Statistical Training Prosecution / Courts Session 2, October 6 th, 15.15 – 16.30 Overview of the Criminal Justice System and Statistics - Introduction With funding from the European Union DEVELOPMENT OF MONITORING INSTRUMENTS FOR JUDICIAL AND LAW ENFORCEMENT INSTITUTIONS IN THE WESTERN BALKANS 2009-2011 Phase three – Training

2. Context The first step in organizing statistics is to identify the organizational structure (of both the Criminal Justice System and the Statistics) and to identify the use and users of the statistics

3. Role and organization of Prosecution and Courts Has a large influence on the statistics. Becomes very clear when looking at different jurisdictions Two examples:

4. Germany and the Netherlands RecordedSuspected offenders Prosecution decisions ‘Convicted’ Germany 7976 (100)1067 (13) The Neth 7663 (100)960 (13) Year 2003, per 100,000 inhabitants ‘Convicted’ includes all case ending decisions where offender received a ‘penalty’ (e.g. Strafbefehl, Dutch ‘transactie’)

5. Germany and the Netherlands RecordedSuspected offenders Prosecution decisions ‘Convicted’ Germany 7976 (100)2858 (36)5784 (73)1067 (13) The Neth 7663 (100)1797 (23)1280 (17)960 (13) Year 2003, per 100,000 inhabitants ‘Convicted’ includes all case ending decisions where offender received a ‘penalty’ (e.g. Strafbefehl, Dutch ‘transactie’)

8. Role and organization of Prosecution and Courts Function/role can be different for different types of offences As a consequence organization of statistics can be different. The Neth: three types: Administrative offences / misdemeanors / crimes Kosovo? (discussion)

9. Types of offences, the Netherlands Legally: Offences are divided into crimes (misdrijven) and infractions / misdemeanors (overtredingen) Procedural law and registration practices suggest another categorization:

10. Misdemeanors Crimes Category A Category B Category C

11. Misdemeanors Crimes Category A Category B Category C Almost all traffic offences: speeding, traffic light etc. These are handled administratively Misdemeanors (admin) Wet Mulderzaken

12. Misdemeanors Crimes Misdemeanors (admin) Category B Category C All crimes: all theft, all violent crime etc. also some traffic offences (DUI) Economical and environmental misdemeanors ‘Crimes’ Rechtbankzaken

13. Misdemeanors Crimes Misdemeanors (admin) Category B ‘Crimes’ All other misdemeanors (driving without insurance, being drunk and disorderly etc.) Misdemeanor (other) Kantonzaken

14. Misdemeanors Crimes Misdemeanors (admin) Misdemeanors (other) ‘Crimes’

16. Role and organization of Prosecution and Courts Function/role can be different for adults and juveniles As a consequence organization of statistics can be different. The Neth: Hardly any differences Kosovo? (discussion)

17. Role and organization of Prosecution and Courts Does the Prosecution get their cases always and only from the police? Has the Prosecution Service monopoly in prosecuting cases? The Neth: also other investigative agencies. Prosecution Service has monopoly Kosovo? (discussion)

18. Role and organization of Prosecution and Courts Does the Prosecution get their cases always and only from the police? Has the Prosecution Service monopoly in prosecuting cases? In general, what is the flow of a ‘case’ through the system The Neth: also other investigative agencies. Prosecution Service has monopoly Kosovo? (discussion)

19. Role and organization of Prosecution and Courts Can police/prosecution impose sanctions? Or only courts? In theory or in practice? The Neth: Police only in practice, Prosecution can and does in a large number of cases. Kosovo? (discussion)

20. Role and organization of Prosecution and Courts Are cases with no offenders part of the workload of the prosecutor? The Neth: No Kosovo? (discussion) Is there only one jurisdiction? The Neth: yes; US, Germany: No Kosovo?

21. Role and organization of Prosecution and Courts Is there a centralized register of criminal records? The Neth: Yes. Kosovo? (discussion)

22. Organization of Statistics ‘Data Monitoring’ has three aspects: Operational information The actual data for handling a specific crime/case Management Information Data to monitor the performance of the organizations Statistics Data for research and Policy Although, ideally, these will be feed from the same source of data the use and the users are completely different I will talk about statistics, unless specifically mentioned otherwise

23. Organization of Statistics To improve the value of crime and justice statistics, there is a need for their collection, analysis and publication to be co- ordinated across agencies. If this is done common classifications, collection procedures and IT systems can be used Good statistical practice can be shared Messages produced by the statistics can be shared between agencies There can be a common approach to analysis There can be a common approach to publication, which will enhance the usefulness of statistics and their existence can become more widely known to the public.

24. Possible role of the Central Statistics Office (CSO) The Central Statistical Office (CSO) is the place where statistical experience is concentrated in many countries. It therefore could have a central role in the development and the collection of crime and justice statistics The CSO can assist –To facilitate discussions on common issues –To share good practice between justice agencies –To develop statistical capacity in the different justice agencies If the CSO cannot undertake this role for any reason, then one of the agencies should take the lead, e.g. a statistical unit in the Ministry of Justice

25. Pros and cons of a Central Statistics Office (CSO) Advantages: –Uniformity –Efficiency –Seen as more independent –Statistics is their core bussiness –Linking with other statistics Disadvantages: –Timeliness –Level of detail –Knowledge of the Criminal Justice field

26. Need for a Statistics Law A Statistics Law gives the CSO and / or other agencies the right to collect crime and justice data: –Through surveys of individuals and organisations –Through registers kept by agencies –From agency information systems Many countries already have such a law If not such a law needs parliamentary authority and to be negotiated through the CSO. The Law would ensure necessary and useful statistics on crime and justice can be collected, analysed and published. One of the main advantages is that the privacy issue can be regulated by this law.

27. Need for a Crime and Justice Statistics Committee Discussions about common statistics issues should take place in a committee or similar forum All relevant crime and justice agencies should be represented on this forum The committee should be properly resourced and chaired at a high enough level for its conclusions to be taken seriously by senior management within the crime and justice agencies Its role should be closely defined and its progress managed by senior management

28. Suggestions for routine work of the statistics committee Committee should meet at least three times a year Standing items should include reports from each agency of: oProgress on developments in collecting statistics oProgress towards consistency of classifications oProgress on new analyses and publications oPolicy Uses made of statistics oDevelopments in infrastructure, including new members of staff, improved training, new analysis, new IT. Minutes and papers of meetings should be placed on statistical web sites to encourage openness

29. Suggestions for less frequent activities of the statistics committee Conduct a survey of senior managers, to see what statistics would be useful for policy development but not yet available. Publicise the codes being used by various agencies to demonstrate differences and encourage harmonization. Invite a senior official, at Judge or Commissioner level to address the statistics committee on his views on statistics. Examine statistics on crime and justice from other countries should be examined to encourage the development of good practice. Co-operate with other countries with similar problems in the same region

30. Statistical Integrity Statistics need to be fit for purpose: to have the following characteristics to satisfy good Statistical Integrity: they need: to be collected at the appropriate frequency: eg every month to be ready quickly, otherwise their value declines rapidly to be internally consistent and to be consistent with previous data. ( eg prosecution output should be consistent with courts input) Data collection procedures and revisions to these or to previous figures need to be open To be accessible to the public and the media.

31. Avoiding political interference Justice Statistics should be free from political interference, this means: oStatistics should be released to everybody at the same time to avoid political misuse of the figures or their suppression oThere is a need for a list of contact point where people can ask further questions about the statistics oA policy is needed for more detailed release on request: eg to academics for research including making data anonymous. If this is not the case, it is important to work towards this and build agreements that work towards statistical independence.

32. Use and users of statistics Crime data can be used for different purposes: solving crimes (we know that it is always the husband), preventing crimes (locally as well as more general), policy making, budgetting, informing the general public etc.

33. Use and users of statistics Management information: Workload and resources in order to optimize processes E.g.: –number of cases per staff member –(Expected) input, by expected processing time Users: managers

34. Use and users of statistics Statistics (1), accountability: General information mainly on number of cases / offenders E.g.: –Sanctions by crime type –Number of prosecutions / convictions by crime type Users: parliament, media, international bodies, general public

35. Use and users of statistics Statistics (2), research: Specific information for criminal research and policy development E.g.: –Reoffending –Development of crimes, by crime type Users: policy advisers, researchers

36. Use and users of statistics Some examples: Monitoring reoffending rates per offender group Forecasting of prison capacity Evaluation of policy measures

37. Architecture of statistics Where do the data come from? Several possibilities: –Aggragate data / detailed data –(Partly) manual / completely automated –Direct access to administrative system / Periodic or indirect access –Extracts / Change messages

38. Flow of data, the Netherlands COMPAS: Administrative system used in 19 PS offices Information from appeal courts Special interface for CBSMgmt Info System for 19 PS offices Interface for Criminal Record Register CBS StatisticsMgmt Info System for Central Prosecutor Office Central Criminal Record Register OMDATA (WODC) OBJD (WODC) Crimes only Crimes and misdemeanors

39. Architecture of statistics Remarks: Detailed data is to be preferred. Flexible, good for research. But there are privacy issues. Completely automated seems more cost effective. But my experience is that the quality is often less! Direct access is too heavy a burden on the primary administrative system. Also, the IT architecture is more complicated

40. Architecture of statistics With periodic or indirect access there are two possibilities: Once every month / week / … an extract is made from the primary system Every time something important happens with a case (input, prosecution decision, court verdict, …) a record is written to a intermediate buffer.

41. Kosovo (Under UNSCR 1244) Statistical Training Prosecution / Courts Session 2, October 6 th, 15.15 – 16.30 Overview of the Criminal Justice System and Statistics - Introduction With funding from the European Union DEVELOPMENT OF MONITORING INSTRUMENTS FOR JUDICIAL AND LAW ENFORCEMENT INSTITUTIONS IN THE WESTERN BALKANS 2009-2011 Phase three – Training