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Welcome to the EuroPris Knowledge Management System. The table below shows questions and responses from European National Agencies. Select a question for more information or use the filters on the left to narrow down questions based on Agency or Category.
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Introduction: The Latvian Prison Administration is planning to amend the Sentence Execution Code in regard to moving a prisoner into a higher-security regime. Thus, in order to gather information about foreign practice about decisions to move a prisoner into a higher security regime after a violation (breach of the prison rules), please help us by answering the following questions.
In cases of bad or violent behavior of an inmate and/or security reasons, a transfer in another prison can be initiated by the authorities (Head of the Prison, the Directorate General for the Prison Service and Preventive Detention) as per § 10 StVG (criminal procedure code) taking into consideration the guidelines of the penal system (§ 20 StVG).
Can the prisoner challenge this decision?The prisoner can challenge this decision to the authorities but only after the transfer. As per §10 StVG (“Strafvollzugsortänderung”), the inmate has to apply officially in written form with a statement of his/her individual reasons.
Are these decisions subject to judicial review?Not if the inmate is already convicted. Pre-trial detainees concerned, the inmate himself/herself has to be heard at a certain stage and the regional Court and the prosecutor’s office have to be heard before the transfer. The Court, the prosecutor’s office as well as the public defender of the inmate will get informed immediately by the prison of destination if the transfer has carried out.
Is this kind of practice common?no
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The head office of the Custodial Institutions Agency (CIA) is situated in the Hague at the Ministry of Security and Justice. The people that work at the head office are called 'selectiefunctionarissen' (english: selection officier) and are designated by the Minister do to a particular job: the placement and transfer of suspects and convicts in detention centers or the penitentiairy. The prisoner or the penitentiairy can request a move to another location. The selection officer judges the request and makes a decision based on the law and the particular circumstances of the case. This is for every kind of decision made concerning a transfer to another location.
Can the prisoner challenge this decision?A decision that is made can always be challenged by the prisoner. When the transfer to another penitentiary was the request of the prisoner, he can directly go for an appeal at the independant body called the Council for the Administration of Criminal Justice and Protection of Juveniles (https://www.rsj.nl/english/). When the request came from the penitentiairy, the prisoner can first object at the selection officer that made the decision. The selection officer will revise his or her decision and will decide the objection ungrounded or just. After an ungrounded decision the prisoner can go for an appeal at the Council. During the appeal the prisoner can request for a suspension of the decision so the decision will not be executed during the appeal.
Are these decisions subject to judicial review?The Council for the Administration of Criminal Justice and Protection of Juveniles is an independent body established by law. The Council has two tasks: giving advice and administering justice. The Council consists of about 75 members or deputy members, including experts on penitentiary law, juvenile and family law, behavioural scientists, members of the judiciary and the legal profession and medical experts. See https://www.rsj.nl/english/.
Is this kind of practice common?Yes, this is our common practice.
There is a certain department within the Swedish prison and probation service, The evaluation and placement section, that handles all the placement matters.
Can the prisoner challenge this decision?Yes, the client can request a review of the decision by the department which took the initial decision. The client’s opinion is taken into consideration and the decision is either changed or it remains.
Are these decisions subject to judicial review?The client may appeal a decision that is not changed to the Administrative Court.
Is this kind of practice common?About 10 % of the decisions are reviewed and about 5% of the reviewed decisions are appealed to the administrative court.
The transfer of a convicted person from a more liberal regime to a stricter regime or vice versa within one prison shall be determined by the prison governor.
Can the prisoner challenge this decision?The decision to transfer a convicted person may be appealed, however, the appeal shall not stay its execution. Appeal could be made to the prison authority, later on to the body of second instance which is General Office of National Prison Administration.
Are these decisions subject to judicial review?Yes, these decisions are also subject to judicial review of Administrative Court. To frame judicial review we are adding Article from the Administrative Dispute Act (Art. 28) where is defined as follows: “(1) The lawsuit must be filed within 30 days of delivery of the administrative act by which the procedure was concluded. The representative of the public interest may bring an action in the event that no party was in the process of issuing an administrative act within the deadline, which applies to the party in whose favour it was an administrative act issued. (2) If the body of second instance within two months, or a shorter, with a special regulation specified period of time has made a decision on the party's appeal against the first instance decision and if the new request is issued within a further seven days, the applicant may then bring an administrative action, as if its appeal was rejected.”
Is this kind of practice common?We could say that we are noting appeals to the first and second instance, but very rarely at the Administrative Court.
Final confirmation of a prisoner’s supervision level is authorised by a Unit Manager.
Can the prisoner challenge this decision?If it is proposed to: • increase a prisoner's supervision level; the prisoner is invited to make representations on the review form and/or can raise a complaint through the Internal Complaints Commissioner (ICC). The ICC panel includes a Unit Manager, an Independent Person and usually an Officer or Line Manager who knows the prisoners.
Are these decisions subject to judicial review?No
Is this kind of practice common?Yes, supervision level reviews are carried out six monthly and more often if related to an incident.
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The decision is made by the Director General of the Central Administration upon presentation for three months at a time; before making the decision, the prisoner is heard in writing.
Can the prisoner challenge this decision?A decision of the Central Administration can be appealed against to the Helsinki Administrative Court. The appeal has to be made within 14 days from receiving the notification of the decision.
Are these decisions subject to judicial review?A decision of the Administrative Court may be appealed against to the Supreme Administrative Court if it has granted a leave to appeal.
Is this kind of practice common?approx. 10-15 / year
This is regulated through The Execution of Sentences Act sections 6 (Authority to make decisions) and 11 (Committal to prison). In most cases, the decision of moving a prisoner to a higher security regime, is made by the Governor of the prison which the inmate is to be transferred from (local level). The exception being where the inmate is sentenced to more than 10 years in prison or preventive detention. In these cases, the decision is made by the regional level.
Can the prisoner challenge this decision?If the decision is made at local level (Prison Governor) the inmate can appeal the decision to the regional level. If the decision is made by the regional level, the inmate can make an appeal to the Directorate of Correctional Service.
Are these decisions subject to judicial review?No. In Norway, however, all statutory administrative decisions may be tried as a civil action against the state.
Is this kind of practice common?It is not uncommon that an inmate is transferred to a higher security level.
According to a proposal of the Latvian Prison Administration, by an order of the Minister for Justice, an administrative committee shall be established in each deprivation of liberty institution. The functions of the administrative committee of the deprivation of liberty institution shall be to promote strengthening of the system of progressive sentence execution and correct placement of convicted persons (also of persons who are sentenced with deprivation of liberty and who are transferred from a foreign state to serve the sentence in a deprivation of liberty institution) in deprivation of liberty institutions. The administrative committee of a deprivation of liberty institution shall take decisions to mitigate or enhance the sentence execution regime for convicted persons in a prison of one specific type or their transfer to deprivation of liberty institution of another type. In deciding on mitigation or enhancing of the sentence execution regime the behaviour of the convicted person in the deprivation of liberty institution shall be taken into account.
Can the prisoner challenge this decision?Yes. A convicted person may submit a complaint and a public prosecutor – a protest regarding a decision of the administrative committee of the deprivation of liberty institution within 10 days from the day it was taken.
Are these decisions subject to judicial review?The decision of the Latvian Prison Administration is not subject to appeal.
Is this kind of practice common?Yes
An operational manager – usually a prison governor will take the decision that a prisoner needs to be moved to a higher security category. The decision will be based on an assessment of how the prisoner’s risk levels have changed to the extent that they can no longer be safely managed in the lower security category.
Can the prisoner challenge this decision?The prisoner must be informed of the reasons for the change in security category and can appeal the decision through the normal prison appeal process (request complaint process) and request a review of the categorisation decision which should be a de novo review of the facts of the case.. If the prisoner remains unhappy with the decision in his case it is open to him to pursue a complaint through the Prison Governor and to the Prisons Ombudsman.
Are these decisions subject to judicial review?There is an avenue of appeal by way of judicial review in the High Court.
Is this kind of practice common?No. There are very few judicial reviews of security category. In practice, the prison will offer a de novo in house review of the categorisation decision, the outcome of which will clarify the reasons for the decision and will often offset the need to have the matter decided by the Court.
The head of the prison.
Can the prisoner challenge this decision?According the law for the penal system of Mecklenburg - Western Pomerania (StVollzG M-V) there are three ways to appeal against the decision: • The inmate can lodge a complaint with the head of the prison. He or she can use his discretion in accepting or rejecting the concern of the inmate. • The inmate can talk to a member of the supervisory authority in one of their regular (at least annual) visits. • The convicted person can file a disciplinary complaint against a public servant, which the head of the prison or the supervisory authority has to investigate. • Another possibility for the inmate is to talk to the advisory council of the specific prison.
Are these decisions subject to judicial review?Beside the law for the penal system in the German federal land of Mecklenburg – Western Pomerania there is still a federal penal law in effect. According to this the inmate can induce a court decision about the actual situation. The court will repeal the measure if it sees the applicant’s basic rights violated.
Is this kind of practice common?Yes.