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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: Ministry of Justice, Independent Service for Victim and Witness Support of Croatia is currently in the process of evaluating the work regarding the activities of informing the victims on regular or conditional release of the convicted person from the prison, and also regarding the activities of contacting victims on the request of the prison to determine victim’s attitude towards the criminal offence when deciding whether to allow the prisoner to use benefits of going out of the prison to their address of residence. We would like to research the practice of other EU countries and their experiences.
The Swedish Prison and Probation Service is responsible for informing the injured party (the victim) when a prisoner is released, if the injured party wants to be informed. When an inmate start to serve his or her sentence, the remand prison or prison contact the injured party/injured parties and ask if they want to be informed. This procedure is administrated in writing.
Is there a practice of determining the victim’s attitude towards the criminal offence when deciding whether to allow the prisoner to use benefits of going out of the prison to their address of residence (for weekend or other planned activity)?There is no such practice in Sweden.
If there is such practice, does the victim’s attitude influence the prison’s decision to allow these benefits to the prisoner?-
Are there some sources of information on given subject that you can recommend for further reading?Unfortunately we have no such information to contribute.
The Victim Notification Scheme (VNS) is a statutory scheme, which came into force on 1 November 2004 and created the statutory basis on which to provide victims of offenders who had been sentenced, for certain crimes and to a sentence of four years or more with the right to receive information about the offender's progression within prison and eventual release. The statutory scheme followed a pilot scheme. On 15 May 2008, the right to receive information was extended to victims of offenders who had been sentenced to 18 months or more. On 12 December 2013, the Victims and Witnesses (Scotland) Bill was passed by the Scottish Parliament. The Bill received Royal Assent in January 2014. The Act entitled victims of all offences to receive information where the offender was sentenced to more than 18 months. The central aim of the 2014 Act is to improve the experience of victims and witness of crime within the Scottish Justice system. The Victims’ Rights (Scotland) Regulations 2015 extended the right to receive certain information to victims of offenders sentenced to less than 18 months. In December 2016 some of the responsibilities for ensuring victims were able to exercise rights were transferred from the former Scottish Government Parole Unit to the SPS who were already responsible for ensuring victims were able to exercise rights in relation to information about offenders. This step is aimed at simplifying the provision of information to victims Victims who register under Part 1 of the scheme receive the following information from the SPS:- (a) The date of release of the offender from prison or detention other than temporary release. This information will usually be sent to the victim about a month before the offender's date of release, so that the victim has some prior warning of it, except in life prisoner or extended sentence recall cases, these offenders must be released immediately following a direction from the Parole Board. It is therefore possible that the offender will have been released before the victim receives notification. In some cases an offender can be released from custody on Home Detention Curfew (HDC) Release. Where possible the SPS will notify the victim of these cases in advance, however in some cases, there is a very short time between the offender being approved for HDC and then being released. (b) If the offender dies before release, the date of the death. If the offender dies, the victim will be notified as soon as possible after the death, but victims should be aware that there can be early press coverage of an offender's death in prison. (c) If the offender is transferred to a place out with Scotland, the date of the transfer. This information will be given as soon as the transfer has taken place. (d) If the offender becomes eligible for temporary release. Offenders can become involved in training and rehabilitation programmes and can be allowed leave from prison for short periods of home leave or work placement. Victims will be informed when the offender first becomes eligible for temporary release. However, you will not be told about each individual period of temporary release. (e) If the offender has escaped or absconded. If the offender absconds or escapes, the police will be alerted immediately. If the offender is considered to present a threat to the victim, the police will take steps to ensure that the victim is notified as soon as possible. Sometimes offenders fail to return to prison after home leave or a work placement. Usually, offenders who fail to return are not dangerous and return to prison within the first 48 hours. Information about the offender escaping or absconding will be sent to the victim if the offender remains at large after 48 hours. The victim will also be notified when the offender is returned to custody. (f) The date on which the offender has been returned to a prison or a young offender's institution to continue serving a sentence from which he or she has previously been released. This might occur, for example, where an offender has had any release licence revoked (cancelled or withdrawn), or following an order of the court. (g) The date in which the original sentence expires. If an offender has been returned to prison because a further offence has been committed before the original sentence has expired, the victim(s) will be informed that the original sentence has ended and that the offender remains in prison. Victim(s) will no longer be a member of the Scheme from this point and will not be told when any further sentence expires. Where an extended sentence offender has been recalled to custody and remains in prison beyond the expiry of the extended sentence to serve a further sentence, victim(s) will be notified when the extension period expires and they will no longer be a member of the VNS in relation to this offence. Victims who register under Part 2 of the scheme can register to make written representations to the Scottish Prison Service when the offender first becomes eligible for temporary release and release on Home Detention Curfew; and to the Parole Board for Scotland when the offender is being considered for release on parole licence. Written Representations to the Parole Board for Scotland Where victims opts to make written representations to the Parole Board for Scotland about the offenders release, the SPS will provide Victims, Witnesses, Parole and Life Sentence Division (VWPLS) with the victim's details. VWPLS will write to the victim nearer the time that the offender's case is being considered, advising when and where to send their representations. Written Representations to the SPS Those victims who have opted to make written representations to the SPS will receive a letter from SPS Headquarters near the time that the offender is being considered for temporary release advising when and where to send their representations. SPS Headquarters will write to victims to let them know of any licence conditions which are specific to them. For those victims of offenders sentenced to less than 18 months victims are entitled to know only of the release or escape of the offender.
Is there a practice of determining the victim’s attitude towards the criminal offence when deciding whether to allow the prisoner to use benefits of going out of the prison to their address of residence (for weekend or other planned activity)?See Q1
If there is such practice, does the victim’s attitude influence the prison’s decision to allow these benefits to the prisoner?See Q1
Are there some sources of information on given subject that you can recommend for further reading?http://www.sps.gov.uk/PeopleAffectedbyCrime/VictimNotificationScheme/What-Information-You-Will-Receive.aspx www.victimsupportsco.org.uk.
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Under the Code of Practice for Victims of Crime, the statutory Probation Service Victim Contact Service (VCS) is offered to victims of violent and sexual offences where the offender receives a sentence of 12 months or more. The purpose of the VCS is to provide eligible victims with information and advice about the criminal justice process by a designated Victim Liaison Officer (VLO). This includes being informed of the offender’s release. In cases where the sentence is less than a year, the Witness Care Unit or Police Liaison Officer, who support victims through the trial, would explain the sentence and likely month of release.
Is there a practice of determining the victim’s attitude towards the criminal offence when deciding whether to allow the prisoner to use benefits of going out of the prison to their address of residence (for weekend or other planned activity)?Victims who have opted into the VCS will be informed when an offender applies for Release of Temporary Licence (ROTL). ROTL is the mechanism under which offenders may be released into the community, generally towards the end of their sentences, for rehabilitative purposes. The VLO will seek the victim’s views on ROTL and the victim has the right to make representations about licence conditions, such as no contact or exclusion zones.
If there is such practice, does the victim’s attitude influence the prison’s decision to allow these benefits to the prisoner?The prison must take into consideration any representations made by victims. Even if the victim has not opted into the VCS an assessment should be made – on the basis of available information, including of their last know whereabouts - of the likely impact upon them and upon previous victims if the offender was granted ROTL. Requests for reasonable conditions that neither unnecessarily nor disproportionately interfere with the legitimate purposes of the release would be considered favourably, which on occasion may mean considering alternative destinations for temporary release or alternative dates if it coincides with a sensitive date for the victim, such as the date of the offence.
Are there some sources of information on given subject that you can recommend for further reading?Domestic Violence, Crime and Victims Act 2004 Part 3 Code of Practice for Victims of Crime, published October 2015 PSI 13/2015-Release on Temporary Licence
The prison staff and the departments of public prosecution are in charge of providing information to the victim about the regular or conditional release of the convicted person from prison. On request, the victim will be notified about the date of the release.
Is there a practice of determining the victim’s attitude towards the criminal offence when deciding whether to allow the prisoner to use benefits of going out of the prison to their address of residence (for weekend or other planned activity)?Before a prisoner is allowed to use benefits of going out of the prison to his address of residence, the prison informs the police and ask, whether they have any doubts. In the arrangement of the conditional release, the concerns of the victim has to be respected.
If there is such practice, does the victim’s attitude influence the prison’s decision to allow these benefits to the prisoner?In each individual case, the victim's and the public's security is balanced with the rehabilitation target of the offender.
Are there some sources of information on given subject that you can recommend for further reading?http://www.krimz.de/forschung/opfer-von-straftaten/opferhilfe-atlas/ http://www.bmjv.de/DE/Themen/OpferschutzUndGewaltpraevention/OpferhilfeundOpferschutz/Opferhilfe_node.html
According with Section 112.4 of the Sentence Execution Code of Latvia: The administration of the deprivation of liberty institution shall forward the information regarding the release or escape of the convicted person, if from the process facilitator there have been received a notice regarding the necessity of this information.
Is there a practice of determining the victim’s attitude towards the criminal offence when deciding whether to allow the prisoner to use benefits of going out of the prison to their address of residence (for weekend or other planned activity)?According with Section 49.2 of the Sentence Execution Code of Latvia: A convicted person who is serving the sentence at the highest level of the sentence serving regime in a partly-closed prison, an open prison or a juvenile correctional institution may, by lodging a written submission to the head of the deprivation of liberty institution, request a permission to temporarily leave the deprivation of liberty institution for up to five twenty-four hour periods due to death of a close relative or a serious illness that endangers the life of a sick person. In the submission referred to in this Section the convicted person shall state the reason for temporarily leaving the deprivation of liberty institution, the place where he or she will stay during his or her temporary leave and the contact phone number if such is available, and shall append all the documents at his or her disposal which confirm the existence of the reasons for the temporary leave referred to in this Section, as well as provide additional information regarding the reasons for the temporary leave to the head of the deprivation of liberty institution. If the permission referred to in this Section is requested by a convicted minor, he or she shall indicate the given name and surname of the adult who will accompany him or her. The head of the deprivation of liberty institution shall, upon evaluating the submission referred to in Paragraph one of this Section, verify the existence of the circumstances referred to in Paragraph one of this Section within three working days and may, having evaluated the possibility of the convicted person of getting to the funeral or visiting the sick relative during the intended temporary leave, the violations committed during previous occasions of temporary leave and returning to the deprivation of liberty institution at the specified time, permit the convicted person to temporarily leave the territory of the deprivation of liberty institution. The administration of the deprivation of liberty institution shall forward the information regarding the convicted person who has been permitted to temporarily leave the territory of the deprivation of liberty institution to the territorial structural unit of the State Police in the territory of which the convicted person has decided to stay.
If there is such practice, does the victim’s attitude influence the prison’s decision to allow these benefits to the prisoner?The decision of the Head of the imprisonment place can be influenced by the attitude of the victim, if the administration has access to such information, and the inmate wants to stay in the same place of residence during short-term leave.
Are there some sources of information on given subject that you can recommend for further reading?Only online sources about the rights of victims, rights to reconciliation, mediation, procedural protection, that can be set with court order, if there is substantial threat to health and life.
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The prison, in which the detainee is serving, informs the victim of the release.
Is there a practice of determining the victim’s attitude towards the criminal offence when deciding whether to allow the prisoner to use benefits of going out of the prison to their address of residence (for weekend or other planned activity)?no
If there is such practice, does the victim’s attitude influence the prison’s decision to allow these benefits to the prisoner? Are there some sources of information on given subject that you can recommend for further reading?no
This topic is regulated through the Norwegian Execution of Sentences Act (section 7 b, section 16 seventh paragraph, section 20 second paragraph, section 36 third paragraph, section 40 last paragraph, section 42 sixth and seventh paragraphs and the penal code section 45 sixth paragraph) and subsequent guidelines to the Act. It is the local level (prisons) which has the responsibility for deciding whether a victim or the victim`s family are entitled to receive a notification when the perpetrator is to be released from prison. The prison will consider each case individually. They will consider the type of crime which the inmate has committed and whether it is of importance for the victims to receive such a notification. A typical category where the victim will be notified, is violent crimes (including for examples murder, sexual crimes and domestic violence). If it is decided that a victim should be notified, this will be done every time the inmate has a break from sentencing (such as leave or postponement of sentencing) and when the inmate is released (also on conditional release). Regulations concerning this issue are currently under revision.
Is there a practice of determining the victim’s attitude towards the criminal offence when deciding whether to allow the prisoner to use benefits of going out of the prison to their address of residence (for weekend or other planned activity)?Victims have no influence on such decisions.
If there is such practice, does the victim’s attitude influence the prison’s decision to allow these benefits to the prisoner?N/A
Are there some sources of information on given subject that you can recommend for further reading?