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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 legal regulation of the conditions of pre-trial detention and prison sentence execution currently in the Slovak Republic does not allow inmates to carry magazines which (among other contraindications) endanger morality, morals and order in the prison facility. The above-mentioned legal norm is implemented in such a way that all categories of inmates and detainees without distinction cannot carry pornographic magazines. Following the recent case law of the European Court of Human Rights (case Chocholáč v. Slovak Republic https://laweuro.com/?p=19026), we have decided to review this practice and look for inspiration in the good practice of other prison services. In the light of the above, we would like to ask the following:
a) No inmate or detainee is allowed to carry a pornographic magazine. Section V.3 of the Instruction 2/2010 regulating which objects are allowed or forbidden for inmates to possess in prison, states that they are allowed to possess books, magazines and advertising materials except for those which may constitute a threat to security, advocate for violence or with pornographic content (...).
If you consider possession of pornographic magazines on an individual basis (option 1 c) , please indicate the main criteria/contraindications that you consider when assessing the possibility of an inmate/detainee possessing pornographic magazinesEvery prisoner in ordinary detention has access to pornographic channels via a television which is located in each cell and which they pay for every month, unless they are indigent. Detainees have unlimited access to the channels and can thus have the leisure to watch erotic programmes, which are usually shown late at night, subject to agreement with their fellow detainees. Access to pornographic magazines, on the other hand, is provided through the traditional or exceptional canteens, depending on the establishment. The policy in this area is very different from one institution to another. It is always possible to buy them in prisons. On the other hand, some prisons allow it and others refuse it.
If you consider possession of pornographic magazines on an individual basis (option 1 c) , please indicate the main criteria/contraindications that you consider when assessing the possibility of an inmate/detainee possessing pornographic magazinesLatvian prison regulations do not provide for inmates and detainees to issue and keep in cells the literature of pornographic content, incl. magazines. According with Subclause 1.7. of the Cabinet Regulation No.423 “Prison Internal Procedure Rules” (hereinafter – Regulation No.423) of 30 May 2006, Attachment No.1 “Items and food products that a convict is allowed to keep”, convicts are prohibited to keep the literature with pornographic content. Furthermore, Clause 7 of the Regulation No.423, Attachment No.11 “Items allowed to be transferred in parcels and consignments” prohibit convicts to receive the literature with pornographic content in parcels and consignments. Whereas, according with Clause 7 of the Cabinet Regulation No.800 “Remand Prison Internal Procedure Rules” (hereinafter – Regulation No.800) of 1 December 2007, Attachment No.4 “Items and food products that a detainee is allowed to keep”, a detainee is prohibited to keep the literature with pornographic content. As well as, Clause 7 of the Cabinet Regulation No.800, Attachment No.10 “Items allowed in parcels and consignments” states that detainees are prohibited to receive the literature with pornographic content in parcels and consignments.
If you consider possession of pornographic magazines on an individual basis (option 1 c) , please indicate the main criteria/contraindications that you consider when assessing the possibility of an inmate/detainee possessing pornographic magazinesIn Latvian prisons any literature of pornographic content is prohibited, and the possession of pornographic magazines on an individual basis is not practiced.
a). Details can be found on www.go.uk
If you consider possession of pornographic magazines on an individual basis (option 1 c) , please indicate the main criteria/contraindications that you consider when assessing the possibility of an inmate/detainee possessing pornographic magazinesCONTROLLED MATERIAL gives guidance for dealing with prisoners’ access to, and possession and display of, material that should be excluded from the prison environment or carefully controlled. There are two broad purposes to controlling access to material of these kinds: • to regulate prisoners’ offending behaviour, to prevent crime and to promote rehabilitation and the reduction of re-offending (this does not apply only to the prisoner who is seeking access to material); and • to allow good order and discipline to be maintained. Governors have discretion over what can be allowed within their establishments, and in particular can take account of the nature of their establishments. So, for example, an establishment specialising in people convicted of sexual offences (PCoSOs) may have a different approach from one with a more mixed population. All such decisions must be reasonable and proportionate. BANNED MATERIAL: Prisoners must not, under any circumstances, be allowed access to material that: • is obscene within the meaning of the Obscene Publications Act 1959. (further explanations given in the PPM - www.gov.uk) • uses threatening words and is intended to stir up racial or religious hatred contrary to the Public Order Act 1986 and the Racial and Religious Hatred Act 2006. • features children inappropriately. (further explanations given in the PPM – www.gov.uk) • is extreme pornography. Sections 63-67 of the Criminal Justice and Immigration Act 2008 create a new offence of possession of extreme pornographic images. These are images that: - are pornographic - that is, of such a nature that they must reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal; and - are explicit and realistic; and - are “grossly offensive, disgusting or otherwise of an obscene character”; and - portray: - an act that threatens a person’s life; - an act that results, or is likely to result, in serious injury to a person’s anus, breasts or genitals; - an act that involves sexual interference with a human corpse; or - a person performing an act of intercourse or oral sex with an animal. • is otherwise sexually explicit. This restriction applies even though the material in question may be legal and/or no longer classified as obscene. “Explicit” means any image of: - ejaculation; - penetration (whether oral, vaginal or anal); - a young person (whether naked or clothed, and including both instances where the subject can be identified as under 18 and those where the subject appears to be under 18) if the image appears to be exploitative. This applies even if the image would not lead to a conviction under the Protection of Children Act 1978; - a sexual act that depicts restraint, coercion or violence, even if the image would not be classed as extreme pornography under the Criminal Justice and Immigration Act 2008. • promotes or supports acts of terrorism, domestic extremism or radicalisation. The Managing Extremism and Terrorism Amongst Offenders in Custody and the Community Policy Framework provides full policy guidance. HMPPS staff are encouraged to refer to this guidance to identify, assess and remove extremist material. This framework contains a central list of inappropriate material managed by the Joint Extremism Unit (JEXU) and subject to regular review and updates. • is a film, video game or other material to which the BBFC has refused a certificate. Further guidance on film classification is at 4.1 below. • is an 18-rated film and or video game - See Incentives Policy Framework, Annex C National Facilities List. Outside of material that is banned, there is the option to restrict material in individual cases. All decisions must be based only on an assessment of the effect of the material on the rehabilitation or offending behaviour of the prisoner requesting it, or of other prisoners, crime prevention, or of the effect of the material or its display on good order and discipline. Any restrictions adopted (including completely withholding materials) must be necessary and proportionate to the nature of the risk, and must be the least needed to address that risk. In each case a judgement is needed over whether the material will reinforce the prisoner’s offending behaviour, encourage criminogenic fantasies, lead to the prisoner attempting to commit offences while in custody, or otherwise undermine the aim of rehabilitation and reducing re-offending.
In the Croatian prison system no inmate or detainee is allowed to carry a pornographic magazine.
If you consider possession of pornographic magazines on an individual basis (option 1 c) , please indicate the main criteria/contraindications that you consider when assessing the possibility of an inmate/detainee possessing pornographic magazinesThe possibility of an inmate/detainee possessing pornographic magazines on an individual basis is currently not under consideration.
Possession of pornographic magazines is not restricted if they are magazines of legal circulation in the outside of the prison. However, restrictions may be applied because of individual reasons.
If you consider possession of pornographic magazines on an individual basis (option 1 c) , please indicate the main criteria/contraindications that you consider when assessing the possibility of an inmate/detainee possessing pornographic magazinesThe reasons to restrict can be therapeutical or due to security criteria. These reasons are analysed in an individual way, according to the specific situation of the inmate.
Legally sold pornographic material in the open society is allowed for all inmates. The material is to be held in the cells and not in the common areas of the prison. The rules were revised in 2014.
If you consider possession of pornographic magazines on an individual basis (option 1 c) , please indicate the main criteria/contraindications that you consider when assessing the possibility of an inmate/detainee possessing pornographic magazinesD) Wij doen dat niet het bezit van pronografische tijdschriften helemaal beperken (elke gevangene/gedetineerde kan dergelijke tijdschriften bezitten)
If you consider possession of pornographic magazines on an individual basis (option 1 c) , please indicate the main criteria/contraindications that you consider when assessing the possibility of an inmate/detainee possessing pornographic magazinesIn individuele gevallen kan echter nog wel worden beslist (op grond van art. 77, § 3 van de basiswet) dat een gedetineerde er niet over kan beschikken wanneer dit volstrekt noodzakelijk is voor de handhaving van de orde of de veiligheid.
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This content is only available to registered members of EuroPris.
This content is only available to registered members of EuroPris.