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Photo: Sylvie Fraissard, 2003
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Alternatives to Imprisonment Print

The legitimate purpose of prison is to reform and rehabilitate those who have committed an offence, and who are considered a danger to society, to assist them to lead a law-abiding and self-supporting life upon release. In reality, however, the majority of offenders in many countries are non-violent, petty offenders serving short prison terms. Prison overcrowding has become one of the most challenging problems faced by criminal justice systems worldwide.

For non-violent and first-time offenders, the rehabilitative effects of short prison terms are minimal. Yet the costs of imprisonment – to the state, to prisoners themselves and their families – are great.

Alternatives to imprisonment cover a range of sanctions that aim to restore the relationship between the offender, the victim and the wider community by taking into consideration the rehabilitative needs of the offender, the protection of society and the interests of the victim. Specific alternative measures include mediation, diversion, community service and administrative and monetary sanctions.

International standards

The UN Standard Minimum Rules for Non-custodial Measures provide a set of basic principles to promote the use of non-custodial measures as well as minimum safeguards for persons subject to alternatives to imprisonment. States are required to prescribe the introduction, definition and application of non-custodial measures in the law and ensure that such measures are available to all persons at all stages of criminal justice process.

The imposition of alternative measures should be based on an assessment of the nature and gravity of the offence and the personality, background of the offender, the purposes of sentencing and the rights of victims and be subject to the offender's consent.

PRI’s work on alternatives to imprisonment

PRI’s work on promoting alternatives to imprisonment has included contributing to the drafting of the UN Minimum Rules for Non-Custodial Sanctions, which was adopted at the 8th Congress of the United Nations for the Prevention of Crime and Treatment of Prisoners.

PRI is currently supporting the introduction and development of community service programmes, in Mali, Niger, Burkina Faso and Senegal through legislative reforms, awareness raising and capacity building initiatives. In Mali, PRI has provided technical assistance in drafting the relevant legislation adopted by the National Assembly in 2005.  Following approval of relevant legislation introducing community service in Burkino Faso and Niger, PRI has assisted governments and non-governmental organisations in developing a National plan of action. It has also organised training courses and other activities to raise awareness of community service and its benefits.

In Central, East and Southern Africa, PRI is working in partnership with criminal justice agencies and civil society organisations to facilitate alternatives to custody and promote diversionary mechanisms through the provision of information and educational material, sharing of expertise, training and advocacy work.

PRI resources and publications

Community Service as an Alternative to Custody

Developing Alternatives to Detention for Juveniles in Romania

Alternatives to Imprisonment in the Republic of Kazakhstan

Kadoma Declaration 

As part of the Eastern and Central Europe Programme, PRI has produced a Romanian website to promote community service in Romania: www.penalreform.ro

 

Last Updated ( Tuesday, 06 March 2007 )
 
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