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Strasbourg, 28 September 2006
pc-cp\docs 2006\pc-cp (2006) 08rev3 - e PC-CP (2006) 8 REV3

EUROPEAN COMMITTEE ON CRIME PROBLEMS
(CDPC)

Council for Penological Co-operation
(PC-CP)

QUESTIONNAIRE ON JUVENILE OFFENDERS

DEPRIVED OF THEIR LIBERTY OR SUBJECT TO COMMUNITY SANCTIONS OR MEASURES

Request for comments and information from Member States:

Juvenile offenders subject to deprivation of liberty or to community sanctions

The Committee of Ministers of the Council of Europe has entrusted the Council for Penological Co-operation (PC-CP) with the task of drafting European rules for juveniles, who, as a result of their involvement in criminal activity, are subject to deprivation of liberty or to community sanctions or measures. The PC-CP, which is an advisory body to the European Committee for Crime Problems (CDPC) consist of nine experts in the penitentiary field. The PC–CP in turn has appointed three scientific experts on juvenile justice to assist it in this task. The ad hoc terms of reference of the PC-CP are attached.

A preliminary examination of the question quickly led the PC-CP to conclude that the responses to the problems related to juvenile delinquency are highly diverse across Europe. Juvenile offenders are not everywhere necessarily or primarily dealt with by the criminal justice system or even by special juvenile courts. Welfare, educational, or even mental health agencies may be involved in responding to juvenile offenders, often without any formal procedures to determine whether the juveniles concerned are criminally responsible.

At this stage the PC-CP wishes to enquire from member states what they see as the most important areas in which rules are required to regulate the response to juvenile offenders. Member states are requested to reflect on their own practices and to describe in general terms what they regard as key areas to be covered by the new Rules.

In addition, member states are requested to complete the attached questionnaire. This will enable the PC-CP to have an overview of the main responses to juvenile criminal activity in Europe and to draw conclusions about what new Rules are required most urgently.

The intention of this questionnaire is to collect information regarding all forms of deprivation of liberty or community sanctions or measures imposed on juveniles as a result of their involvement in criminal activity, including the so-called status offences (i.e. acts which are considered offences only if committed by juveniles) where the national law provides for such sanctions.

Please include information on all forms of deprivation of liberty or community sanctions or measures, whether they are imposed as a result of criminal proceedings, family court hearings, administrative decisions (e.g. of the juvenile welfare departments), or following a referral to mental health institutions or otherwise. If the information needs to be gathered from other sources, you are kindly requested to circulate this questionnaire to all the national agencies concerned.

As a result of the diversity of practices, the questionnaire is inherently complex. Not all the categories mentioned in the questionnaire will be applicable to all member states. Member states are encouraged to use the questionnaire as a general framework for describing their own systems and as a tool which would assist them in highlighting the priority areas that need to be regulated by the new Rules.

You are kindly requested to return by e-mail not later than 30 November 2006 the requested information and the completed questionnaire to:

Ms Ilina Taneva
Head of Prisons and Probation Unit/Chef d'Unité prisons et probation
Department of Crime Problems/Service des Problèmes Criminels
Directorate General I - Legal Affairs/ Direction Générale I - Affaires Juridiques
Council of Europe/ Conseil de l'Europe
F-67075 Strasbourg CEDEX
FRANCE
tel. + 33 3 88 41 38 84
fax: + 33 3 88 41 27 94
e-mail: ilina.taneva@coe.int
web site: www.coe.int

Questionnaire:

Juvenile offenders subject to deprivation of liberty or to community sanctions or measures

Part I.:

Juvenile offenders deprived of their liberty

1. Types of institutions and statistical data

What types of institution* exist to detain juveniles** deprived of their liberty?***

1.1 Number of institutions

1.2 Range of age of detainees

1.3 Total number of juveniles

     

31 Oct. 2006

average 2005

Open welfare institutions

       

Secure/closed welfare institutions

       

Pre-trial detention centres/departments

       

Specialised juvenile prisons****

       

Adult prisons (including juveniles held in separate departments of adult prisons)

       

Juvenile mental health institutions/departments

       

Other

       

* The institutions listed below are examples. Terminology will vary across countries. Please select the categories closest to what is used in your country. Please include all institutions, if necessary by using the category “other” as well.
** The term juvenile should be approached inclusively to include anyone who is a child, that is, under the age of 18 years, as well as persons who, although technically not children, are regarded as juveniles for purposes of the criminal justice system in so far as the system makes special provision for such “young adults”.
*** A juvenile is deprived of liberty, where he/she is placed by order of any competent authority in any form of detention or imprisonment in a public or private custodial setting from which the child is not permitted, to leave at will.
**** Including institutions such as borstals, educational penitentiary colonies and similar institutions

1.1 Number of juvenile offenders deprived of their liberty (1980, 1990, 2000, 2005):
(Placements on a given day, for ex. 31 March, 1st January*)

Total number

1980

1990

2000

2005

Welfare institutions

       

Pre-trial detention centres/departments

       

Juvenile prisons etc.

       

Adult prisons

       

Mental health institutions

       

* Please indicate the given day

1.2 Differentiate for each of the above according to

a) Classification according to age (1990 and 2005)
(Placements on a given day, for ex. 31 March, 1st January*)

 

1990

2005

 

< 14 years

14 - < 18 years

18 years and more

< 14 years

14 - < 18 years

18 years and more

Number of juveniles in the total population

           

Welfare institutions

           

Pre-trial detention centres/departments

           

Juvenile prisons etc.

           

Adult prisons

           

Mental health institutions

           

* Please indicate the given day

b) Classification according to sex
(Placements on a given day, for ex. 31 March, 1st January*)

 

1980

1990

2000

2005

 

boys

girls

boys

girls

boys

girls

boys

girls

Number of juveniles in the total population

               

Welfare institutions

               

Pre-trial detention centres/departments

               

Juvenile prisons etc.

               

Adult prisons

               

Mental health institutions

               

* Please indicate the given day

c) Classification according to type of offence (1980, 1990, 2000 and 2005)
(Placements on a given day, for ex. 31 March, 1st January*)

Please give statistical data of placements for the following delinquent or criminal acts

d) Open/closed institutions (1980, 1990, 2000 and 2005)
(Placements on a given day, for ex. 31 March, 1st January*)

Placements in an institution which is

1980

1990

2000

2005

closed

open

closed

open

closed

open

closed

open

Welfare institutions

               

Pre-trial detention centres/departments

               

Juvenile prisons etc.

               

Adult prisons

               

Mental health institutions

               

* Please indicate the given day

e) Nationality and ethnic minority status (1990 and 2005)
(Placements on a given day, for ex. 31 March, 1st January*)

 

1990

2005

 

nationals

foreigners

members of ethnic minorities

nationals

foreigners

members of ethnic minorities

Number of juveniles in the total population

           

Welfare institutions

           

Pre-trial detention centres/departments

           

Juvenile prisons etc.

           

Adult prisons

           

Mental health institutions

           

* Please indicate the given day

f) Number of convicted and pre-trial juvenile offenders (1980, 1990, 2000 and 2005)
(Placements on a given day, for ex. 31 March, 1st January*)

Placement in an institution

1980*

1990*

2000*

2005*

Convicted

Pre-trial

Convicted

Pre-trial

Convicted

Pre-trial

Convicted

Pre-trial

Welfare institutions

               

Pre-trial detention centres/departments

               

Juvenile prisons etc.

               

Adult prisons

               

Mental health institutions

               

* Please indicate the given day

1.3 Number and size of institutions:

· Welfare institutions

Number of institutions:
Number of places in total:
What is the capacity of the smallest, what the capacity of the largest institution in the system of welfare institutions?
Minimum: …… Maximum: ……
What is the average capacity?

· Juvenile prisons (including pre-trial detention)

Number of institutions:
Number of places in total:
What is the capacity of the smallest, what the capacity of the largest institution in the system of penitentiary institutions?
Minimum: …… Maximum: ……
What is the average capacity?

· Mental health institutions:

Number of institutions:
Number of places in total:
What is the capacity of the smallest, what the capacity of the largest institution in the system of mental health institutions?
Minimum: …… Maximum: ……
What is the average capacity?

2. Basic information

2.1 Welfare institutions (both open and closed)

Please answer the questions in this section only with respect to welfare institutions.

2.1.1 What legislation or other legal rules currently govern deprivation of liberty within the scope of the juvenile welfare system?

2.1.2 Please add a copy of the relevant legal rules relating to both the imposition and implementation of deprivation of liberty or give references to web-sites, where legal texts are available in English, French or German

2.1.3 What are the legal grounds and aims for an assignment to a welfare institution (criminal offence, educational needs, need of care, irregular situation)?

2.1.4 Which authority is competent to assign juvenile offenders to a welfare institution (Family court judge/Juvenile criminal court judge, etc.)?

2.1.5 Which authority is responsible for the execution of such a measure?

2.1.6 Which authority has the competence to order the end of the assignment to such an institution?

2.1.7 Are the institutions managed by the public service or by a private entity?
If private, are the institutions run on a non-profit or profit basis? (Indicate percentage of institutions in each category)

2.1.8 Are there legal provisions for the minimum size of rooms (space per juvenile) and maximum number of places in institutions? If so, what are they?

2.1.9 What are the daily net costs per juvenile?

2.1.10 Juvenile offenders of what age (minimum/maximum) may be assigned to a welfare institution?

2.1.11 What is the minimum and what is the maximum period allowed by law for which of a juvenile assigned to such an institution may stay in the institution that is allowed by law? (Please differentiate by age and offender groups when answering this question)

2.1.12 What legal safeguards are in place in the decision-making for assigning a juvenile to a welfare institution (e. g. concerning due process rules, legal aid, rules of deprivation of liberty as a last resort etc.:

2.1.13 Are there legal safeguards to ensure that the measures imposed are proportionate to the seriousness of the offence?

2.1.14 Describe briefly the legal and administrative framework of welfare institutions. Please deal with the following issues:

2.1.16 How the legal framework does respond to certain categories of offenders?

2.2 Pre-trial detention institutions (if there is no separate juvenile pre-trial detention prison, please indicate what kind of institution is dealt with in this section).

Please answer the questions in this section only with respect to juvenile pre-trial detention institutions.

2.2.1 What legislation or other legal rules currently govern deprivation of liberty within the scope of the pre-trial detention system?

2.2.2 Please add a copy of the relevant legal rules relating to both the imposition and implementation of pre-trial detention or give reference to web-sites, where legal texts are available in English, French or German

2.2.3 What are the legal grounds and aims for imposing pre-trial detention (fear of escape from trial, gravity of criminal offence, educational needs, need of care, irregular situation)?

2.2.4 Which authority is competent to order pre-trial detention?

2.2.5 Which authority is responsible for the execution of pre-trial detention?

2.2.6 Which authority has the competence to order release of pre-trial detention?

2.2.7 Are the institutions managed by the public service or by a private entity?

2.2.8 Are there legal provisions for the minimum size of rooms (space per juvenile) and maximum number of places in institutions? If so, what are they?

2.2.9 What are the daily net costs per juvenile?

2.2.10 Juveniles of what age (minimum/maximum) may be subject to pre-trial detention?

2.2.11 What is the maximum period of pre-trial detention that is allowed by law?

2.2.12 Are there legal safeguards to ensure that pre-trial detention is proportionate to the seriousness of the offence?

2.2.13 Describe briefly the legal and administrative framework of pre-trial detention institutions. Please deal with the following issues:

2.2.14 How does the legal framework respond to certain categories of offenders?

2.2.15 Please describe what aspects of juvenile pre-trial detention (dealt with under 2.2.15) differ from institutions for adults.

2.3 Juvenile prisons including other institutions such as reformatory schools or adult prisons to which juveniles sentenced to imprisonment may be sent (if there is no separate juvenile offender prison, please indicate what kind of institution is dealt with in the following section).

Please answer the questions in this section only with respect to juvenile prisons.

2.3.1 What legislation or other legal rules currently govern deprivation of liberty within the scope of the criminal/juvenile justice system of juveniles convicted of a criminal offence?

2.3.2 Please add a copy of the relevant legal rules relating to both the imposition and implementation of juvenile imprisonment or give references to web-sites, where legal texts are available in English, French or German

2.3.3 What are the legal grounds and aims for imposing imprisonment (for example, gravity of criminal offence, educational needs, need of care, irregular situation)?

2.3.4 Which authority is competent to order juvenile imprisonment?

2.3.5 Which authority is responsible for the execution from juvenile imprisonment?

2.3.6 Which authority has the competence to order release from juvenile imprisonment?

2.3.7 Are the institutions managed by the public service or by a private entity?

2.3.8 Are there legal provisions for the minimum size of rooms (space per juvenile) and maximum number of places in institutions? If so, what are they?

2.3.9 What are the daily net costs per juvenile?

2.3.10 Juveniles of what age (minimum/maximum) may be subject to imprisonment?

2.3.11 What is the minimum period, and what is the maximum period of juvenile imprisonment that is allowed by law? (Please differentiate by age and offender groups when answering this question)

2.3.12 Are there legal safeguards to ensure that juvenile imprisonment is proportionate to the seriousness of the offence?

2.3.13 Describe briefly the legal and administrative framework of juvenile prison institutions. Please deal with the following issues:

2.3.14 How does the legal framework respond to certain categories of offenders?

2.3.15 Please describe what characteristics of juvenile prisons (dealt with under 2.3.15) differ from prisons for adults.

(What are the peculiarities of juvenile compared to adult prisons, e.g. the stronger orientation towards education, vocational training, prison regimes etc.?)

2.4 Juvenile mental health institutions/departments

Please answer the questions in this section only with respect to juvenile mental health institutions / departments.

2.4.1 What legislation or other legal rules currently govern deprivation of liberty of juvenile offenders within the scope of the mental health system? (Psychiatric hospitals/departments for juvenile offenders)

2.4.2 Please, add a copy of the relevant legislation or rules relating to both the imposition and implementation of deprivation of liberty in a mental health institution for juveniles or give references to web-sites, where legal texts are available in English, French or German

2.4.3 What are the legal grounds and aims for an assignment to a mental health institution (mental health disorders, gravity of criminal offence, educational needs, exemption from criminal responsibility, crisis intervention etc.)?

2.4.4 Which authority is competent to assign a juvenile offender to a mental health institution (as a result of criminal activities)?

2.4.5 Which authority is responsible for the execution of the assignment to a mental health institution?

2.4.6 Which authority has the competence to order the release of a juvenile offender form a mental health institution?

2.4.7 Are the institutions managed by the public service or by a private entity?

2.4.8 Are there legal provisions for the minimum size of rooms (space per juvenile) and maximum number of places in juvenile mental health institutions? If so, what are they?

2.4.9 What are the daily net costs per juvenile?

2.4.10 Juvenile offenders of what age (minimum/maximum) may be subject to an assignment to a mental health institution?

2.4.11 What is the minimum period, what is the maximum period of an assignment to a mental health institution that is allowed by law? (Please differentiate by age and offender groups when answering this question)

2.4.12 Are there legal safeguards to ensure that an assignment to a mental health institution is proportionate to the seriousness of the offence?

2.4.13 Describe briefly the legal and administrative framework of mental health institutions. Please deal with the following issues:

2.4.14 How does the legal framework respond to certain categories of offenders?

2.4.15 Please describe what aspects of juvenile mental health institutions (dealt with under 2.3.14) differ from institutions for adults.

(What are the peculiarities of juvenile prisons compared to adult mental health institutions, e.g. the stronger orientation towards education, vocational training, leisure time and other regimes etc.?)

2.5 Transfer of juvenile offenders between welfare, penitentiary and mental health institutions:

Does the law provide the transfer of juveniles between welfare, penitentiary and mental health institutions?

What is the legal framework for such transfers?

Part II

Juveniles subject to community sanctions or measures

3. Statistical data on types of sanctions or measures

Type of sanction/measure

Legal aim:
E = education
T = therapy
R = reparation/restitution
P = punishment/retribution
A = other (specify)

Age groups (minimum/ maximum age)

Fixed term?
If yes: minimum/ maximum length

Indeterminate?
If yes:
Measure/ sanction can last up to which age?

Type of sanction/
measure excluded for certain categories of offences?

Type of sanction/
measure excluded for certain categories of offenders? (for ex. recidivists)

Unconditional discharge

           

Conditional discharge (with obligations)

           

Verbal sanctions (warning/cautioning, etc.)

           

Payment sanctions (fines, etc.)

   

Amount?

     

Suspended or deferred sentence

           

Probation, judicial control

           

Electronic monitoring

           

Victim-offender mediation

           

Community service

           

Referral to an attendance centre

           

House arrest

           

Other forms of non-institutional educational sanction/measures

           

Other forms of non-institutional therapeutic treatment

           

Combination of the measures listed above*

           

Other sanctions/measures (to specify)

           

* Please indicate which sanctions and measures can be combined

3.2 Statistical information:

3.2.1 Total number of juvenile offenders per year subject to community sanctions or measures (1980, 1990, 2000, 2005) (by the police and/or the prosecutor and/or the juvenile judge/court) and according to sex, age and nationality

Type of sanction/measure

Total 1980

Total 1990

Total 2000

Total 2005

Boys 2005

Girls 2005

2005 : below the age of 15 years

2005 : above the age of 15 years

2005 : juveniles of the national population

2005 : foreign juveniles **

Unconditional discharge

                   

Conditional discharge (with obligations)

                   

Verbal sanctions (warning/cautioning, etc.)

                   

Monetary sanctions (fines, etc.)

                   

Suspended or deferred sentence

                   

Probation, judicial supervision

                   

Electronic monitoring

                   

Victim-offender mediation

                   

Community service

                   

Referral to an attendance centre

                   

House arrest

                   

Other forms of non-institutional educational treatment

                   

Other forms of non-institutional therapeutic treatment

                   

Combination of the measures listed above*

                   

Other sanctions/measures (to specify)

                   
                     

For comparative aspects:
Number of juveniles sentenced to imprisonment

                   

Special forms of (short term) juvenile detention (for example arrest)

                   

* Juveniles of the national population: if you dispose of more detailed statistical data concerning the various ethnic minorities, etc., please give the information separately.

** Foreign juveniles: if you dispose of more detailed statistical data concerning the country of origin, the status of migration, etc., please give the information separately.

3.2.2 Other statistical information about offenders with community sanctions and measures:

If you dispose of more differentiated statistical information regarding the distribution of sentencing to community sanctions and measures according to:

please enclose such information with this questionnaire.

4. Basic information

4.1 What are the legal grounds for sentencing to such community sanctions or measures?

4.2 What are the legal grounds for the execution of such community sanctions or measures?

4.3 Please attach a copy of your legislation in force concerning the sentencing to and the execution of such sanctions or measures or please indicate on which web site it may be found in French, English or German.

4.4 Competent authorities

Type of sanction/measure

Which are the competent sentencing authorities?

Which are the competent executing authorities?

Is there a supervision or control over them? yes/no

Control: If yes, by whom is it carried out?
(prosecutor, judge, probation service, etc.?)

Which are the competent authorities to annul or terminate these community sanctions or measures?

Unconditional discharge

         

Conditional discharge (with obligations)

         

Verbal sanctions (warning/cautioning, etc.)

         

Monetary sanctions (fines, etc.)

         

Suspended or deferred sentence

         

Probation, judicial supervision

         

Electronic monitoring

         

Victim-offender mediation

         

Community service

         

Referral to an attendance centre

         

House arrest

         

Other forms of non-institutional educational treatment

         

Other forms of non-institutional therapeutic treatment

         

Combination of the measures listed above*

         

Other sanctions/measures (to specify)

         

4.5 Legal principles for community sanctions and measures

4.5.1 Is the principle of proportionality (that the punishment should correspond to the act committed by the juvenile) applied in sentencing to or executing these community sanctions and measures?

4.5.2 What are the defined legal grounds or criteria for sentencing to these community sanctions and measures (the act committed; educational needs; treatment needs, etc.)?

4.5.3 Is the legal framework of the community sanctions or measures related to certain categories of juvenile offenders?

4.5.4 What are the defined legal guarantees in sentencing to and/or executing of these community sanctions and measures (equitable proceedings, legal assistance, the right to be heard by the court, etc.)?

4.5.5 What are the appeal procedures against the imposition of a sanction or measure?

4.5.6 What are the appeal procedures against a decision to execute and the ways of execution of community sanctions and measures (for example to prevent that the kind of community service is of an inhumane or degrading nature)?

4.6 Limits and modalities of execution

4.6.1 Are the agencies and other bodies responsible for the execution of community sanctions and measures to which juvenile offenders are subjected private or public?

4.6.2 What are the defined criteria or requirements (for ex. for the accreditation) set for the agencies and other bodies responsible for the execution of community sanctions and measures to which are subjected juvenile offenders?

4.6.3 Are there specific procedures and measures of supervision or control concerning the quality of community sanctions and measures (quality management)?

Are there scientific evaluation studies on the quality of community sanctions and measures? If yes, please attach the references)

4.6.4 Are the programmes for the execution of community sanctions or measures differentiated according to the characteristics of the juveniles concerned?

4.6.5 Are the persons or groups referred to below involved in the execution of community sanctions and measures to which juvenile offenders are subjected?

4.6.6 What are the consequences for the juveniles if they breach of the rules of conduct that may be prescribed during the execution of community sanctions and measures?

Please indicate the contact details of the person who has replied to the above questionnaire:

NAME:

JOB TITLE:

MINISTRY/AGENCY:

ADDRESS:

TEL:

FAX:

E-MAIL:

WEB SITE:

If other persons have replied to one or several parts of the questionnaire, please indicate the contact details of them , too !

If in replying to the questionnaire, you have particular questions, please contact:

Prof. Dr. Frieder Dünkel, University of Greifswald/Germany (duenkel@uni-greifswald.de) or

Prof. Dr. Nicolas Queloz, University of Fribourg/Switzerland (nicolas.queloz@unifr.ch)

Thank you for your co-operation! J

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