Consultation on European Rules for CSM

The European Rules on Community Sanctions and Measures are currently being updated by the Council of Europe. The Council for Penological Co-operation (PC-CP), which advises and reports to the European Committee on Crime Problems (CDPC), undertakes this work (Prof Rob Canton being the PC-CP expert that has contacted the COST Action).

Christine Morgenstern, leader of our Working Group on European Norms, Policy and Practice, with the help of several colleagues in the Action, has prepared this excellent response: CSM Rules Consultation Response. Please do read it and share it widely.

One Comment on “Consultation on European Rules for CSM

  1. Thanks to Christine for this wonderful and detailled paper.
    To add – rapidly – to it, I emailed back to Rob a while back that I thought the following additional things were missing and should be assed to a revised ed. of the Recommendation:

    – it shoud be made clear that decisions pertianing to the following issues should be governed by rule of evidence and fair trial:
    § Sanctions (recall and others)
    § Adding restriction to the sentenced person’s liberty or adding obligations
    § Intensifying supervision.

    – In a similar vein there should be supporting evidence to risk assessment evals and other supervision reports made by practitioner’s. Followign this the offender and his counsel should have full access to this evidence (not only a summary of risk assessment’s results). They should have the right to dispute this evidence in an adversarial context and to produce a counter-eval or report (eg with another practitioner, specialist, expert… using a different risk assessment tool)…
    – Thefore, Rules 12, and 14 should refer to the principle of due process and the right to appeal the judicial decision


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