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Standard Minimum Rules for Non-Custodial Measures [General principles] [Pretrial] [Trial] [Post-sentencing] [Implementation] [ Staff] [Volunteers] [Research]
Adopted by the General Assembly as resolution 45/110 Fundamental aims The Standard Minimum Rules are basic principles
to promote the use of non-custodial measures and establish minimum safeguards for persons subject to alternatives to imprisonment. The Rules are intended to promote greater community involvement in the management of criminal justice and to promote among offenders a sense of responsibility towards society. The scope of non-custodial measures
Relevant provisions are applied to all persons subject to prosecution, trial or terms of sentencing. The criminal justice system should provide a wide range of non-custodial measures, from pretrial to post-sentencing dispositions, to allow flexibility while maintaining a capacity for consistent sentencing. Use of non-custodial measures should be part of the movement towards depenalization, decriminalization, the principle of minimum intervention and use of informal community measures,
instead of interfering or delaying efforts in those directions. Legal safeguards Discretion by judicial or other competent independent authority is to be exercised at all stages of proceedings to ensure full accountability and accordance with the rule of law. Non-custodial measures imposing an obligation on the offender applied before or
instead of formal proceedings or trial, shall require the offenders consent. The offender is entitled to make a request or complaint regarding implementation of non-custodial measures, and appropriate machinery shall be provided for the redress of any grievance related to violation of internationally recognized human rights. Non-custodial measures shall not involve medical or psychological experimentation or undue risk of injury and shall respect the dignity and privacy of the offender.
Pretrial dispositions Where appropriate and compatible with the legal system, the police and prosecution should discharge the offender if they consider that protection of society, crime prevention and respect for the law and rights of victims will not be served by proceeding with the case. A set of established criteria shall be developed for deciding the appropriateness of discharge. For minor cases the prosecutor may impose suitable non-custodial measures. Avoidance of pretrial detention Pretrial detention is to be used as a last resort in criminal proceedings, with
due regard for the investigation of the alleged offense and protection of society and the victim, and the offender shall have the right to appeal its use. Alternatives to pretrial detention shall be employed at as early a stage as possible. Social inquiry reports When available, judicial authority may make use of a factual, unbiased report by a competent official or agency that contains social information about the offender relevant to that person's pattern of offending and information and recommendations relevant to sentencing. Sentencing dispositions In
deciding a sentence, the judicial authority is to consider the rehabilitative needs of the offenders, the protection of society and the interests of the victim. Sentencing authorities may dispose of cases in the following ways: The competent authority shall have at its disposal a wide range of post-sentencing alternatives to avoid institutionalization and assist offenders in their early reintegration into society. Post-sentencing disposition may include:
Release from an institution to a non-custodial program shall be considered at the earliest possible stage. IMPLEMENTATION OF NON-CUSTODIAL MEASURES Supervision
The purpose of supervision is to reduce re-offending and assist the offenders integration into society. Offenders should, when needed, be provided with psychological, social and material assistance and with opportunities to strengthen links with the community and facilitate reintegration. Duration Duration of non-custodial measures shall
not exceed the period established by the competent authority in accordance with the law. Provision may be made for early termination if the offender responds favorably. Conditions In determining the conditions to be observed by the offender account should be taken of the needs of society and the needs and rights of the offender and the
victim. Conditions to be observed shall be practical, precise and as few as possible, aimed at reducing the likelihood of relapse by the offender and taking into account the needs of the victim. At the beginning of non-custodial measures, the offender shall receive an explanation, orally and in writing, of the conditions governing the measures. Conditions may be modified by the competent authority in accord with progress made by the offender. Treatment process In appropriate cases, casework, group therapy, residential programs and specialized treatment should be developed to meet the needs of offenders. Treatment should be conducted by professionals with suitable training and experience. Efforts should be made to understand the offender's background, personality, aptitude, intelligence, values and the
circumstances leading to commission of the offense. The community and social support systems may be involved in application of non-custodial measures. Caseload assignments are to be maintained at a manageable level. For each offender, a case record is to be maintained and established. Discipline and breach of conditions A breach of
the conditions to be observed may result in modification or revocation of the non-custodial measure, although it should not automatically do so. Modification or revocation shall be made by the competent authority after careful examination of the facts. In such event, a suitable alternative is to be sought. Imprisonment may be imposed only in the absence of other suitable alternatives. The power to arrest and detain the offender in cases where there is a breach of the conditions shall
be prescribed by law. The offender shall have the right to appeal modification or revocation of the non-custodial measure. Recruitment Persons appointed to apply non-custodial measures should be personally and professionally suitable, and
there shall be no discrimination on the grounds of race, color, sex, age, language, religion, political or other opinion, national or social origin, property, birth or other status in their recruitment. Adequate salary and benefits and opportunity for professional growth and career advancement should be provided. Staff training Before
entering on duty, staff shall be given training in the nature and various modalities of non-custodial measures and the purposes of supervision. Staff shall maintain and improve their knowledge by entering inservice training and refresher courses. VOLUNTEERS AND OTHER COMMUNITY RESOURCES Public participation Public participation should be encouraged as it is a major resource and an important factor in improving ties between offenders undergoing non-custodial measures, their families and the community. It should be regarded as an opportunity for members of the community to contribute to the protection of their society. Public understanding and cooperation Conferences, seminars, symposia and other activities should be organized to stimulate awareness of the need for public participation in the application of non-custodial measures. All forms of mass media should be utilized to help create a constructive public attitude. Volunteers Volunteers shall be carefully screened and recruited on the basis of aptitude for and interest in the work involved, receive proper training and have access to support and counseling from, and the opportunity to consult with, the competent authority. Volunteers should be insured against accident, injury and public liability and reimbursed for authorized expenditures. Public recognition should be extended to them. RESEARCH, PLANNING, POLICY FORMULATION AND EVALUATION Research on non-custodial treatment of offenders and the problems that confront clients, practitioners, the community and policy makers should be carried out regularly and relevant research and information mechanisms built into the criminal justice system's collection and analysis of data. Suitable
mechanisms should be evolved for linkages between services responsible for non-custodial measures and other branches of the criminal justice system, social development and welfare agencies, both governmental and non-governmental, in such fields as health, housing, education and labour, and with the mass media. Efforts shall be made to promote scientific cooperation between countries in the field of non-institutional treatment. Research, training, technical assistance and the exchange of
information should be strengthened through the United Nations regional and inter regional institutes, in close collaboration with the Crime Prevention and Criminal Justice Branch of the United Nations Secretariat. | |||||
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