Developments of Probation and Mediation Service

The Czech Republic

Basic information

Czech population about 10 mil

Criminal liability was set to start at 15 years of age; a juvenile is a person between 15 and 18 years of age.

Children under 15 are not criminally liable, but they may be subject to measures specified under this law (such as probation supervision)

Motto

Justice can be understood as restoration and reconciliation rather than retribution. If crime hurts, justice should repair the harm and assist recovery.

Howard Zehr

From the beginnings…

Probation and Mediation Service of CR was established 1.1. 2001 as:

organizational units of the state and accounting units

governmental body – “independent part“ of Ministry of Justice (MoJ – decisive authority in area of personal, organization, economic and financial matters)

Act No. 257/2000 Coll. Probation and Mediation Act two new professionals

- probation officer and assistent

Mission Statement PM Service is endeavouring to bring about the

effective and socially beneficial resolution of conflicts arising out of criminal offending.

At the same time, it is working to ensure the proper carrying-out of alternative sentences, placing an emphasis on the interests of victims, the protection of the community, and crime prevention.

The Czech Probation and Mediation Service represents a new institution in the field of criminal justice policy and arises out of collaboration between two professions: social work and the law.

Preliminary stage of criminal proceedings

V/O Mediation

Pre-sentence report

Supervision replacing Remand Custody

Advice and assistence to victims

Post-sentence stage Pre-sentence report Parole and probation

supervision Community work Home detention Prohibition of attending

sports or cultural events or other kind of activities

Advice/assistence to victim

V/O Mediation

Graf 2 – Podíl nově evidovaných spisů v přípravné a vykonávacího řízení v letech 2001–2011

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2001 2002 2003 2004 2005 2006 2007 2008 2009 2010* 2011Rok

Podíl spisů

Vykonávací řízení

Přípravné řízení a řízení před soudem

The highest level of management

MoJ

Council for Probation and

Mediaiton

Probation and Mediation Service director is appointed by MoJ

Organization structure

Headquarter

Prague

• National level of management (economic and administrative agenda, professional agenda, statistics, training, project activities, IT, interational agenda)

County courts

8

• Regional level of management (8 regional chiefs)

Judicial districts

74 + 4

• Probation and mediation centers (officers, assistants)

Qualification and trainning

Probation officers

1. shall be unimpeachable

2. have to have capacity for legal action

3. shall hold a university degree in the field of social sciences obtained by graduating from a master's degree programme

4. shall hold professional exam which the office lets him/her sit for after passing an elementary qualification training

Probation assistents

5. shall be unimpeachable natural person aged over 21

6. have to have a capacity to take legal action

7. have to complete a secondary school education in the field of social sciences

8. shall to pass qualification trainning

Czech model = under one roof

Probation

Execution of supervision

Monitoring of execution of alternative sentences

Assistence to the offenders and influence them

Mediation

out-of-court mediation with the aim of solving a conflict between the V/O

activities leading to solving a conflict situation

only with explicit consent from the offender and the victim.

European Probation RulesRecommendation CM/Rec(2010)1

93. … probation agencies shall assist victims in dealing with the consequences of the offence committed, taking full account of the diversity of their needs.

95. … probation agencies are in contact with victims and/or seek their views, the latter shall be clearly informed that decisions regarding the sanctioning of offenders are taken based on a number of factors and not only the harm done to a particular victim.

96. … interventions of probation agencies aimed to victims shall respect the rights and needs of victims and shall aim at increasing offenders’ awareness of the harm done to victims and their taking responsibility for such harm.

European Probation Rules Probation agencies shall work in partnership with other public or private organisations and local communities to promote the social inclusion of offenders.

Co-ordinated and complementary inter-agency and inter-disciplinary work is necessary to meet the often complex needs of offenders/victims and to enhance community safety.

Police, prison service

Services for V/O

PM Service Judge, prosecutor

Graf 5 – Podněty k zahájení činnosti v přípravném řízení v letech 2002–2011

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2002* 2003* 2004* 2005 2006 2007 2008 2009 2010 2011 Rok

Podnět

Policie Státní zastupitelství

Soud Obviněný/odsouzený

Poškozený Ostatní

Theoretical pillars of practice of PMS

Restorative Justice idea Inspiration of effective practice of our foreign

colleagues (Canada, UK, Netherlands, Germany, Finland, Austria, Norway, Switzerland, Croatia)

The international projects and co-operation focused on:1. upgrading and development of effective practice

(risk assesment, parole boards, programs for offenders, youth offending teams,restorative conferencing)

2. training and education proffesionals3. helping with building new probation services in

Europe (Czech experts help experts from other countries)

Domestic experience and own practice