Developments of Probation and Mediation Service
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Transcript of Developments of Probation and Mediation Service
Developments of Probation and Mediation Service
The Czech Republic
Basic information Czech population about 10 mil
Criminal liability was set to start at 15 years of age; a juvenile is a person between 15 and 18 years of age.
Children under 15 are not criminally liable, but they may be subject to measures specified under this law (such as probation supervision)
Motto Justice can be understood as restoration and
reconciliation rather than retribution. If crime hurts, justice should repair the harm and assist recovery. Howard Zehr
From the beginnings…
Probation and Mediation Service of CR was established 1.1. 2001 as:
organizational units of the state and accounting units
governmental body – “independent part“ of Ministry of Justice (MoJ – decisive authority in area of personal, organization, economic and financial matters)
Act No. 257/2000 Coll. Probation and Mediation Act two new professionals
- probation officer and assistent
Mission Statement PM Service is endeavouring to bring about the
effective and socially beneficial resolution of conflicts arising out of criminal offending.
At the same time, it is working to ensure the proper carrying-out of alternative sentences, placing an emphasis on the interests of victims, the protection of the community, and crime prevention.
The Czech Probation and Mediation Service represents a new institution in the field of criminal justice policy and arises out of collaboration between two professions: social work and the law.
Preliminary stage of criminal proceedings
V/O Mediation
Pre-sentence report
Supervision replacing Remand Custody
Advice and assistence to victims
Post-sentence stage Pre-sentence report Parole and probation
supervision Community work Home detention Prohibition of attending
sports or cultural events or other kind of activities
Advice/assistence to victim
V/O Mediation
Graf 2 – Podíl nově evidovaných spisů v přípravné a vykonávacího řízení v letech 2001–2011
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Podíl spisů
Vykonávací řízení
Přípravné řízení a řízení před soudem
The highest level of management
MoJ
Council for Probation and
Mediaiton
Probation and Mediation Service director is appointed by MoJ
Organization structure
Headquarter Prague
• National level of management (economic and administrative agenda, professional agenda, statistics, training, project activities, IT, interational agenda)
County courts
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• Regional level of management (8 regional chiefs)
Judicial districts74 + 4
• Probation and mediation centers (officers, assistants)
Qualification and trainningProbation officers 1. shall be unimpeachable2. have to have capacity for legal action 3. shall hold a university degree in the field of social sciences
obtained by graduating from a master's degree programme 4. shall hold professional exam which the office lets him/her sit for
after passing an elementary qualification trainingProbation assistents 5. shall be unimpeachable natural person aged over 21 6. have to have a capacity to take legal action 7. have to complete a secondary school education in the field of
social sciences8. shall to pass qualification trainning
Czech model = under one roof
Probation
Execution of supervision
Monitoring of execution of alternative sentences
Assistence to the offenders and influence them
Mediationout-of-court mediation with the aim of solving a conflict between the V/O
activities leading to solving a conflict situation
only with explicit consent from the offender and the victim.
European Probation RulesRecommendation CM/Rec(2010)1
93. … probation agencies shall assist victims in dealing with the consequences of the offence committed, taking full account of the diversity of their needs.
95. … probation agencies are in contact with victims and/or seek their views, the latter shall be clearly informed that decisions regarding the sanctioning of offenders are taken based on a number of factors and not only the harm done to a particular victim.
96. … interventions of probation agencies aimed to victims shall respect the rights and needs of victims and shall aim at increasing offenders’ awareness of the harm done to victims and their taking responsibility for such harm.
European Probation Rules Probation agencies shall work in partnership with other public or private organisations and local communities to promote the social inclusion of offenders. Co-ordinated and complementary inter-agency and inter-disciplinary work is necessary to meet the often complex needs of offenders/victims and to enhance community safety.
Police, prison service
Services for V/O
PM Service Judge, prosecutor
Graf 5 – Podněty k zahájení činnosti v přípravném řízení v letech 2002–2011
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Podnět
Policie Státní zastupitelstvíSoud Obviněný/odsouzenýPoškozený Ostatní
Theoretical pillars of practice of PMS Restorative Justice idea Inspiration of effective practice of our foreign
colleagues (Canada, UK, Netherlands, Germany, Finland, Austria, Norway, Switzerland, Croatia)
The international projects and co-operation focused on:1. upgrading and development of effective practice
(risk assesment, parole boards, programs for offenders, youth offending teams,restorative conferencing)
2. training and education proffesionals3. helping with building new probation services in
Europe (Czech experts help experts from other countries)
Domestic experience and own practice