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Developments of Probation and Mediation Service

Developments of Probation and Mediation Service. The Czech Republic. Basic information. Czech p opulation 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.

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Developments of Probation and Mediation Service

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  1. DevelopmentsofProbationandMediationService The Czech Republic

  2. 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 18years of age. • Children under 15are not criminally liable, but they may be subject to measures specified under this law (such as probation supervision)

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

  4. Fromthebeginnings… Probation and Mediation Service of CRwas established1.1. 2001 as: • organizational units of the state and accounting units • governmental body – “independent part“ of Ministry of Justice (MoJ – decisiveauthority in area ofpersonal, organization, economic and financial matters) Act No. 257/2000 Coll. Probationand MediationAct twonewprofessionals - probationofficer and assistent

  5. Mission Statement • PMService 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.

  6. Preliminarystageofcriminalproceedings • V/O Mediation • Pre-sentence report • Supervision replacing Remand Custody • Adviceandassistence to victims

  7. Post-sentence stage • Pre-sentence report • Parole andprobation supervision • Communitywork • Home detention • Prohibition of attending sports or cultural events or other kind of activities • Advice/assistence to victim • V/O Mediation

  8. Thehighestlevelof management directorisappointed by MoJ

  9. Organizationstructure

  10. Qualification and trainning Probation officers • shallbe unimpeachable • have to havecapacity for legal action • shall hold a university degree in the field of social sciences obtained by graduating from a master's degree programme • shall hold professional exam which the office lets him/her sit for after passing an elementary qualification training Probationassistents • shallbeunimpeachable natural person aged over 21 • haveto havea capacity to take legal action • have to complete a secondary school education in the field of social sciences • shall to passqualificationtrainning

  11. Czech model = underoneroof Probation Mediation

  12. EuropeanProbationRulesRecommendation CM/Rec(2010)1 • 93.… probation agencies shall assist victimsin 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.… interventionsofprobation agenciesaimed to victimsshall 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.

  13. EuropeanProbationRules 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. Servicesfor V/O Police, prisonservice PM Service Judge, prosecutor

  14. 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-operationfocused on: • upgrading and development of effective practice (risk assesment, parole boards, programsforoffenders, youthoffendingteams,restorativeconferencing) • training andeducationproffesionals • helpingwithbuildingnewprobationservices in Europe(Czechexperts help expertsfromothercountries) Domestic experience and ownpractice

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