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WG 4: European Norms, Policy and Practice

WG 4: European Norms, Policy and Practice . Consent and Co-operation of Offenders under Supervision. Consent and co-operation of offenders under supervision. Consent - provision of approval or agreement, particularly and especially after thoughtful consideration.

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WG 4: European Norms, Policy and Practice

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

  2. Consent and co-operation of offenders under supervision Consent - provision of approval or agreement, particularly and especially after thoughtful consideration

  3. Consent and co-operation of offenders under supervision • Punishment? • (differentsaims) • Voluntary? Consent

  4. Consent and co-operation of offenders under supervision Consent of: • Offender • Third Parties: • Partner/Family/housemates • Victims?

  5. Consent and co-operation of offenders under supervision Consent given: • explicitly • implicitly • informed

  6. 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…

  7. 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

  8. 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)

  9. 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)

  10. Consent and co-operation of offenders under supervision Questions for a special issue of the European Journal on Probation

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