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Yes, no, possibly, maybe: Community sanctions, consent and cooperation

Author(s): Rob Canton / Language(s): English Issue: 3/2014

This article explores the significance of consent to community sanctions and measures. The value of consent derives from the principle of autonomy and rights to freedom and dignity. While normally these are rights that should be upheld and defended, the question is complicated in the case of penal sanctions. The account goes on to discuss the necessary conditions for meaningful informed consent and to inquire into the extent to which these conditions apply to community sentences. The origin of consent to the probation order and other community penalties in England and Wales is outlined – the reason why it was originally expected and why it was eventually abolished. Yet even if consent is not formally required, there is reason to think that England and Wales is an example of a country where in practice consent is actively sought. The relationship between consent and compliance – and the distinct concept of active cooperation – is discussed. It is concluded that a formal expression of consent in Court has symbolic value, but does not resolve the challenge of trying to secure consent and cooperation that must persist throughout the duration of the community order.

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Informed consent as a requirement for probation work with (in)voluntary clients: Probationers’ and probation officers’ perspectives

Author(s): Ines Sučić,Neven Ricijaš,Renata Glavak-Tkalić / Language(s): English Issue: 3/2014

Offenders’ consent is incorporated in Croatian legislation as a necessary element for the execution of probation measures and sanctions. However, legal provisions, which are in accordance with contemporary European recommendations, provide only a basic framework for the implementation of such measures and sanctions. In this article, we argue that some elements of consent may be questionable and that changes to related practices are possible. After describing legal documents on this topic, we present the results of focus groups with probation officers and probationers with regard to the implementation of consent. Their perceptions and personal experiences provided us with valuable insights about and for practice and served as additional support for future recommendations.

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Unpaid work as an alternative to imprisonment for fine default in Austria and Scotland

Author(s): Gill McIvor,Carlotta Pirnat,Christian Grafl / Language(s): English Issue: 2/2013

Many jurisdictions have introduced other non-custodial measures to decrease the usage of fines, nevertheless they are still a popular sanction. Although the majority of offenders fined pay their fine, some are unable or unwilling to do so and as a consequence can be imprisoned. At a time when prisons are overcrowded and short term sentences are a substantial administrative endeavour, with little to no re-socializing potential, many jurisdictions have implemented other measures to prevent imprisonment for fine default such as unpaid work. Both Austria and Scotland have implemented the possibility of unpaid work as an alternative to imprisonment for fine default. While Scotland has almost 20 years of experience, Austria has just recently implemented the option of community work for fine defaulters in 2008. This article examines the experience of unpaid work as an alternative to imprisonment for fine default in these two contrasting jurisdictions and discusses the key differences between them. It considers whether the implementation of unpaid work as an alternative to imprisonment for fine default in each jurisdiction fulfilled the original policy intentions and what wider lessons can be learned from their experiences of unpaid work for offenders who fail to pay their fines.

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Mawby, R.C., Worrall, A., Doing Probation Work: Identity in a Criminal Justice Occupation

Author(s): Keith Davies / Language(s): English Issue: 2/2013

Review of: Keith Davies - Mawby, R.C., Worrall, A. (2013): Doing Probation Work: Identity in a Criminal Justice Occupation. Abingdon. Routledge.

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Desistance, reflexivity and relationality: a case study

Author(s): Elizabeth Weaver / Language(s): English Issue: 3/2013

This paper presents the analysis of a single life-story drawn from a larger study examining the individual, relational and structural contributions to the desistance process. The emphasis here is on the contributions of key social relations in ‘Evan’s’ narrative of change. How people relate to one another, and what these relationships mean to them both as individuals and together, are critical aspects of understanding the role of social relations in desistance. This paper concludes by considering how penal practices might generate and sustain the kinds of social capital and reflexive, relational networks relevant to desistance.

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DBH-Materialien Nr.67: Außensicht der Innensicht - Bewährungshilfe in der Erinnerung ehemaliger Bewährungshelfer

Author(s): Anette Jager / Language(s): English Issue: 3/2013

Review of: Anette Jager - DBH-Materialien Nr.67: Außensicht der Innensicht - Bewährungshilfe in der Erinnerung ehemaliger Bewährungshelfer, Autor: Paul Reiners

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Ugelvik, T. and Dullum, J. (eds): Penal Exceptionalism? Nordic Prison Policy and Practice

Author(s): Ioan Durnescu / Language(s): English Issue: 3/2012

Review of: Ioan Durnescu - Ugelvik, T. and Dullum, J. (eds) (2012) Penal Exceptionalism? Nordic Prison Policy and Practice, Routledge

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George Mair and Lol Burke: Redemption, Rehabilitation and Risk Management: A History of Probation

Author(s): Eleanor Fellowes / Language(s): English Issue: 3/2012

Review of: Eleanor Fellowes - Redemption, Rehabilitation and Risk Management: A History of Probation, George Mair and Lol Burke, Routledge (2011); 216pp, ISBN: 9781843922490

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Recalling conditionally released prisoners in England and Wales

Author(s): Nicola Padfield / Language(s): English Issue: 1/2012

This article explores the recent enormous increase in the number of prisoners recalled each year to prison in England and Wales: prisoners who had previously been released, either automatically or on the direction of the Parole Board. It explores law and practice, focusing in the analysis on pre-release processes, the process of recall and on the prisoner’s journey towards re-release. Having considered the role of the Parole Board and of the executive more generally, the paper concludes that there should be a review of whether „sentence review courts‟ would work better to encourage offenders to earn their way out of prison and off supervision.

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Joanna Shapland, Gwen Robinson and Angela Sorsby: Restorative Justice in Practice – Evaluating what works for victims and offenders

Author(s): Edit TÖRZS / Language(s): English Issue: 1/2012

Review of: Edit TÖRZS - Joanna Shapland, Gwen Robinson and Angela Sorsby (2011) Restorative Justice in Practice – Evaluating what works for victims and offenders, Willan, Routledge ISBN: 978-1-84392-845-4 (pbk., p.228, Ł25.99)

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Philip Priestley and Maurice Vanstone: Offenders or Citizens? Readings in Rehabilitation

Author(s): Ray Crews / Language(s): English Issue: 1/2012

Review of: Ray Crews - Philip Priestley and Maurice Vanstone (2010). Offenders or Citizens? Readings in Rehabilitation. Devon: Willan

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Organisational change, increasing managerialism and social work values in the Belgian Houses of Justice, Department of Offender Guidance

Author(s): Aline Bauwens / Language(s): English Issue: 3/2011

This paper examines the impact of organisational change in the Belgian Houses of Justice, Department of Offender Guidance. The change that occurred in the Houses of Justice can be defined as incremental change. While Belgian probation has been managerialised in its processes and to a lesser extent its practices, it has not been subjected to the same shift in its purposes. However, one question currently remains: can the increasing emphasis on managerialism leave the social work values and aims of the Houses of Justice in place, or not?

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Practical Wisdom and the Ethic of Care in Probation Practice

Author(s): Marilyn J. Gregory / Language(s): English Issue: 3/2011

In 2003 the author interviewed 15 experience probation officers from one probation area about the nature of their work as probation officers. These participants had trained in an earlier ‘clinical mode’ of practice, when rehabilitation was to the fore and casework methods were still enshrined in practice. Now they found themselves in a ‘punitive managerialist’ mode of practice. The study found that the participants, through the use of their skills as reflective practitioners, resisted the worst excesses of punitive managerialism and continued to practice in a way that balanced the demands of justice and care. This article looks at their commitment to the worker-client relationship and suggests that it is consonant with an approach to probation practice based upon the desistance paradigm, which in turn fits within a restorative justice framework for criminal justice practice.

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Signs of resistance? Swedish probation officers’ attitudes towards risk assessments

Author(s): Anders Persson,Kerstin Svensson / Language(s): English Issue: 3/2011

The Swedish Prison and Probation Service has been influenced by the „What Works‟ agenda since the late 1990‟s and an orientation towards risk and risk management has gradually become visible in the organization. But there is, within the probation service, a discrepancy between two types of logics – an organizational logic and a professional logic. Although guidelines prescribe the use of risk-assessment tools, they are in reality seldom used by practitioners. Through an examination of the reasons given by the probation officers who expressed doubts or concerns about the risk-concept, we question whether this could be seen as signs of resistance based on professional logic.

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‘It Could be us’: Recent Transformations in the Use of Community Service as a Punishment in Spain

Author(s): Ester Blay / Language(s): English Issue: 1/2010

Community service orders, or work for the benefit of the community orders, were introduced in Spanish legislation with the 1995 Criminal Code. Its practical use was until recently scant, and has since 2008 exploded in numerical terms. After describing the legal framework and aims of this sanction, this paper focuses on recent developments in the use of this penalty and in implementation and supervision practices. It draws from analysis of Parliamentary debates, sentences passed by judges, official statistics and other official documents, and interviews with judges, public prosecutors, supervisors and senior civil servants responsible for implementation.

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Iganski, P.: Hate Crime’ and the city

Author(s): Laura Nettleingham / Language(s): English Issue: 2/2010

Review of: Laura Nettleingham - Iganski, P. (2008), Hate Crime’ and the city, Bristol: Policy Press

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Why Help Offenders? Arguments for Rehabilitation as a Penal Strategy

Author(s): Peter Raynor,Gwen Robinson / Language(s): English Issue: 1/2009

This article considers the variety of theoretical justifications, or moral arguments, which have been put forward to support approaches that can be broadly described as ‘rehabilitative’. The article takes an historical approach, tracing the development of ideas supportive of rehabilitation which begins with the origins of probation in England & Wales, and the Christian mission to ‘save souls’. In the twentieth century context, we consider the emergence of a utilitarian emphasis on maximising decent and productive members of society, subsequently challenged by arguments which emphasised state obligated or ‘rights-based’ rehabilitation. More recently, utilitarian arguments emphasising rehabilitation’s contribution to public safety and ‘risk reduction’ have risen to the fore. However, we argue that justifications which emphasise offenders, victims and/or communities as beneficiaries of rehabilitation need not be in conflict; nor should probation services have to choose between the broad ranges of stakeholders they are potentially able to serve.

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Taking Probation Abroad

Author(s): Rob Canton / Language(s): English Issue: 1/2009

At a time of extensive international exchange in probation policies and practices, this paper considers the opportunities and challenges of penal policy transfer. Using Ian Hacking’s metaphor of an ecological niche, it is proposed that a number of inter-related vectors constitute an environment in which a transfer might thrive (or fail). A preliminary attempt is made to identify some of these influences. It is argued that the success criteria of transfer have been insufficiently discussed. Transfer can fail, but can also become corrupted. It is proposed that the enhancement of human rights is the single most important criterion for evaluating transfer.

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Van Kalmthout, A M., & Durnescu, I. (Eds): Probation in Europe

Author(s): David Perry / Language(s): English Issue: 1/2009

Review of: David Perry - Van Kalmthout, A M., & Durnescu, I. (Eds) (2008) Probation in Europe. Nijmegen, The Netherlands. Wolf Legal Publishers/CEP.

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Cavadino, M and Dignan, J: Penal Systems: a comparative approach

Author(s): John Harding / Language(s): English Issue: 1/2009

Review of: John Harding - Cavadino, M and Dignan, J (2008) Penal Systems: a comparative approach, London: Sage. ISBN -- 978 -- 0 -- 7619 -- 5203 -- 9. Price -- not listed.

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