Council of Europe Annual Penal Statistics SPACE I & SPACE II Facts, figures and tendencies. Marcelo F. Aebi & Natalia Delgrande

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1 Council of Europe Conference of Directors of Prison Administration (CDPC) Council of Europe Annual Penal Statistics SPACE I & Facts, figures and tendencies Marcelo F. Aebi & Natalia Delgrande

2 Categories Custodial Penal populations Use of sentences SPACE Databases (annual and time-series) Particularities of Prison and Probation systems Cross-sectional (Comparisons between countries/areas) Flow features Scientific publications Ad hoc analyses Non-Custodial e.g. Legal changes (CHA, ITA, PRT etc.) Reports/ Analyses Longitudinal (Time-series) Several series from 1984 (Prison Pop.) Special attention to reliable data Countries without gaps Keep serial questions 2

3 Improvements in SPACE projects Website created (2011): Improving data collection: SPACE I: improved validation; : questionnaire revised. Particular attention to the project Probation orders and the possibilities of serving CSMs in Europe Networking (academic and practitioners): CEP, UNODC, EMCDDA, ICPS, etc. 3

4 What is available at the custodial level & how it is used? 4

5 Prison population rates per 100,000 inhabitants on 1st September 2009 PRISON POPULATION PER 100,000 INHABITANTS 1ST SEPTEMBER 2009 Highest rates 90 (more than 200): ISL FIN > Russian Fed NOR RUS SWE 2. Georgia Data not supplied EST 3. Ukraine LVA UK:SCO 4. Latvia DNK UK:NIR LTU BLR IRL 5. Estonia UK:ENG&WAL 6. Lithuania POL NLD UKR DEU BEL CZE LUX SVK 7. Azerbaijan FRA AUT CHE LIE MDA ROU 8. Poland ARM SVN HRV 9. Czech Rep MCO AND SRB BIH SMR BGR MNE ITA MKD PRT AZE GEO HUN TUR ALB ESP GRC Average = CYP Median = MLT 5

6 Countries with the highest Prison Population Rates (more than 100 prisoners per 100,000 inhabitants) 33 of 51 countries ( 65%) had more than 100 prisoners per 100,000 inhabitants on 1 st September

7 Evolution (in %) of the prison population rates per 100,000 inhabitants in Europe (2001 * -2009) *2001 or oldest available year 7

8 Prison population rates (2009) vs. Evolution (in %) of prison population rates (2001-9) ISL NOR SWE FIN RUS PRISON POPULATION PER 100,000 INHABITANTS 1ST SEPTEMBER > 300 Data not supplied ISL NOR SWE FIN RUS AVERAGE ANNUAL VARIATION (IN %) OF THE PRISON POPULATION RATES IN EUROPE BETWEEN 2001 AND 2009 Decrease of more than 2% From 2% to 0% From 0% to +2% From +2% to +5% From +5% to +10% Increase of more than 10% Data not supplied Not a CoE Member State EST EST UK:SCO LVA UK:SCO LVA UK:NIR IRL DNK LTU BLR UK:NIR IRL DNK LTU BLR UK:ENG&WAL NLD POL UK:ENG&WAL NLD POL BEL LUX DEU CZE SVK MDA UKR BEL LUX DEU CZE SVK MDA UKR FRA CHE LIE AUT SVN HRV HUN ROU GEO ARM AZE FRA CHE LIE AUT SVN HRV HUN ROU GEO ARM AZE AND MCO SMR ITA BIH SRB MNE MKD BGR TUR AND MCO SMR ITA BIH SRB MNE MKD BGR TUR PRT ESP ALB GRC PRT ESP ALB GRC CYP CYP MLT MLT Evolution between 2001 and 2009: Most important increases (of more than 20%): 2/3 of all the countries. Most important decreases (of more than 20%): Romania (-44.1), Estonia (-24.2), Moldova (- 24.1), Ukraine (-21.6), and Portugal (-20.9). 8

9 Countries with prison population overcrowding (more than 100 prisoners per 100 places) 9

10 Methodological issues Requested Juveniles (criminal purposes) Young adults held in institutions for juveniles Categories of offenders with psychiatric disorders having status of detainee/prisoner or similar National accounts Special categories of detention ( on the disposal of royal navy prosecutor, under arrest etc.) Tried by courts, but not criminally liable still held in remand Prison Population More follow up questions (ensure comparability) Special attention to the situation of: Juveniles Persons in administrative detention Ill persons (psychiatric and addictions) More possibilities for national correspondents to fill in the items 10

11 Examples of methodological problems STOCK FLOW To be included To be excluded (or specified) Persons held in special units (outside penal institutions), but considered as penal detainees / prisoners Persons under indeterminate lengths of detention (e.g. security measures) Persons considered as detainees but not yet imprisoned (e.g. écroués non-détenus) Persons under administrative detention To be included To be excluded (or specified) Entries following transfers from another countries Entries from pre-trial detention to custody in order to serve sentences Entries after revocation of CSMs or Probation Transfers from X to Z inside the same country Entries following the penitentiary leaves Rearrests after absconds or other forms of escapes 11

12 Country (1) (2) (2.1) (3) (4) (5) (6) (7) (7.1) (8) (9) Albania No No 279 No No No Andorra NAP NAP NAP No No No No No NAP Armenia No No No No No No No Azerbaijan NA NAP NAP NAP Belgium No 47 5 NAP NA NAP BH: Fed. BiH No 22 No 22 No No No BH: Rep. Srpska NAP 3 NAP 0 NAP NAP NAP NAP NAP Bulgaria No 57 NAP No No No No No No No Croatia No No No No 183 No No No Cyprus 219 NAP NAP NAP NAP NAP NAP NAP NAP Czech Republic NAP 225 NA 339 NAP NAP 252 NAP NAP 2 Denmark No No No No No NA No No No Estonia NAP NAP NAP NAP NAP 182 NAP Finland No NAP NA No NA NA No 89 No France No No No No No No No Germany No No No No No No No Hungary No No 181 No 317 No NAP 28 Iceland NA No NAP No Ireland No 95 0 NAP NAP NAP NAP 11 0 No No Italy No No NA NA NAP No No NAP Latvia No No No No NAP NAP NAP Liechtenstein No No No No No No 1 NAP No No Lithuania No No No No No No NAP No Luxembourg No No No No No No No Malta NAP NAP NAP NAP NAP Moldova No NAP NAP NAP NAP NAP NAP NAP Monaco NAP NAP NAP NAP NAP NAP NAP NAP Netherlands No No 741 No No 385 No Norway No NAP No No No No No No No Poland No No No No No No NA No Portugal NAP NAP 250 No No No NAP NAP Romania No No NAP No No NAP 154 San Marino NAP No No NAP NAP NAP No NAP NAP Serbia No No No No No No Slovak Republic No NAP NAP NAP Slovenia No No No No NA No No No Spain (St. Adm.) No No NA NA No NAP Spain (Catalonia) No No No 91 NAP Sweden No No No No No No No No Switzerland No No No No NA No No The FYROM No No No No No No No No Ukraine NAP No NA NAP No NAP UK: Engl. & Wales NAP No No No No NA No No UK: North. Ireland No No No No No No 4 0 No No UK: Scotland No NAP No No No No No No (1) (2) (2.1) (3) (4) (5) (6) (7) (7.1) (8) (9) Persons held in facilities that do not depend on the Prison Administration (police stations, non-ministry of Justice facilities or similar facilities) Persons held in institutions/units for juvenile offenders How much among these people are 18 years and over Persons held in institutions/ special sections for drug-addicted offenders Offenders with psychological and/or psychotic disorders who were considered as non-criminally liable by the court, held in psychiatric institutions, hospitals or special sections inside penitentiary institutions Offenders with psychological and/or psychotic disorders held in psychiatric institutions or hospitals in order to execute the main or the supplementary sanction (including sexual offenders) Offenders with psychological and/or psychotic disorders held in especially designed sections insight penal institutions in order to execute the main or the supplementary sanction (including sexual offenders) Asylum seekers or illegal aliens held for administrative reasons How many of them are held in centres/sections especially designated for this type of detention Persons serving their sentence under electronic surveillance / electronic monitoring Persons detained in other types of institutions 12

13 EU CoE vs EU CoE (without EU) PRE-TRIAL DETAINEES (ALL TOGETHER BEFORE FINAL SENTENCE) 21.9% 23.2% FOREIGN NATIONALS AMONG ALL PRISONERS 18.2% 11.4% (with CH) 4.6% (without CH) JUVENILES (AGED LESS THAN 18) 2.2% 0.6% FEMALES 5.0% 3.9% Historically, the highest %s of pretrials were observed in non-eu countries change Special categories of prisoners > in EU! 13

14 % of female prisoners in the total number of prisoners (including pretrial detainees) ISL NOR SWE FIN RUS PERCENTAGE OF FEMALES IN THE TOTAL PRISON POPULATION ON 1ST SEPTEMBER 2009 From 0% to less than 3% From 3% to less than 5% From 5% to less than 7% 7% and over Data not supplied Not a CoE Member State EST UK:SCO LVA UK:NIR IRL DNK LTU BLR UK:ENG&WAL NLD POL BEL DEU UKR LUX CZE SVK MDA FRA CHE LIE AUT SVN HRV HUN ROU GEO ARM AZE AND MCO SMR ITA BIH SRB MNE MKD BGR TUR PRT ESP ALB GRC CYP MLT 14

15 % of foreign prisoners in the total number of prisoners (including pre-trial detainees) PERCENTAGE OF FOREIGN PRISONERS ON 1ST SEPTEMBER 2009 From 0% to less than 5% From 5% to less than 10% ISL NOR SWE FIN RUS From 10% to less than 20% From 20% to less than 50% 50% and over Data not supplied Not a CoE Member State EST UK:SCO LVA UK:NIR IRL DNK LTU BLR UK:ENG&WAL NLD POL BEL DEU UKR LUX CZE SVK MDA FRA CHE LIE AUT SVN HRV HUN ROU GEO ARM AZE AND MCO SMR ITA BIH SRB MNE MKD BGR TUR PRT ESP ALB GRC CYP MLT 15

16 % of detainees not serving a final sentence (SPACE I, 2009) *adjusted figures do not take into account the category Other (i.e. security reasons, civil matters etc.) 16

17 Percentage of detainees not serving a final sentence on 1 st September 2009 PERCENTAGE OF DETAINEES NOT SERVING A FINAL SENTENCE From 0% to less than 15% From 15% to less than 20% ISL NOR SWE FIN RUS From 20% to less than 30% From 30% to less than 50% 50% and over Data not supplied Not a CoE Member State EST UK:SCO LVA UK:NIR IRL DNK LTU BLR UK:ENG&WAL NLD POL BEL DEU UKR LUX CZE SVK MDA FRA CHE LIE AUT SVN HRV HUN ROU GEO ARM AZE AND MCO SMR ITA BIH SRB MNE MKD BGR TUR PRT ESP ALB GRC CYP MLT 17

18 Breakdown of sentenced prisoners (final sentence) on 1 st September 2009, by main offence (rates & percentages) 18

19 Example of analyses on several SPACE items (our research): Adjusted annual variations of Drug offenders and Foreign prisoners,

20 Rate of Entries to Penal Institutions per 100,000 inhabitants in

21 Indicator of average length of imprisonment (in months) 21

22 Example of our research: Evolution of the imprisonment length between 1982 and 2008 For 18 examined countries, the average increase is 85%. Only 2 countries (11%) show a decrease trend. For 9 countries (50%) the imprisonment length doubled. For more than 30 countries such analyses are impossible because of the gaps in the series. 22

23 Percentages of staff working INSIDE penal institutions (1 st September 2009) classified on the basis of the custodial staff 23

24 Current situation at the non-custodial level - : new challenge 24

25 Number of persons having started in 2009 to serve CSM or probation per 100,000 inhabitants 25

26 Country Total per 100,000 population as a main sanction as a supplementary sanction Of which: Percentage of as a way of enforcing a custodial sentence as a condition for conditional release/ parole as a condition for remaining in probation as a condition attached to a waive of: 1. the prosecution, or 2. the sentencing, or 3. the enforcement of the sentence Austria Azerbaijan Belgium Croatia Czech Republic Denmark Estonia Finland France Hungary Latvia Lithuania Luxembourg Moldova [48.8] Netherlands Norway Poland Portugal Serbia Spain (State Admin.) Spain (Catalonia) Sweden Switzerland [52.4] Turkey UK: England and Wales UK: Northern Ireland Mean Median Minimum Maximum Other cases Total % Breakdown (in percentages) of persons having started to serve Community Service (FLOW) in

27 Breakdown (in percentages) of persons who were the object of alternatives to pre-trial detention (FLOW) in 2009 Country Total number of persons who were the object of alternatives to pre-trial detention in 2009) per population Undertakings to appear before a judicial authority as and when required Interdiction to interfere with the course of justice and to engage in particular conduct Requirements to report on a daily or periodic basis to a judicial authority, the police or other authority Requirements to accept supervision by an agency appointed by the judicial authority Requirements to submit to electronic monitoring Of which: Requirements to reside at a specified address (including Home arrest) Requirements not to leave specified places or districts without authorisation Requirements not to enter specified places and not to meet specified persons without authorisation Requirements to surrender passports or other identification papers Requirements to provide or secure financial or other forms of guarantees as to conduct pending trial Azerbaijan Belgium Cyprus (98.4) France Georgia Latvia (514.9) Poland (90.2) Turkey Mean Median 68.1 Minimum 2.4 Maximum Other (specify) Total % 27

28 Breakdown (in percentages) of persons who were the object of different forms of Probation / Supervision before sentence Country Total Probation / Supervision before sentence per 100,000 population Conditional suspension of criminal proceedings Victimoffender mediation (criminal justice in respect of adults) Of which: Deferral (postponement of the pronouncement of a sentence) Probation orders Other (specify) Austria Belgium France Germany Hungary Ireland Latvia Luxembourg Poland Portugal (46.7) Spain (Catalonia) Turkey (74.4) Mean Median 60.5 Minimum 3.0 Maximum Total % 28

29 Breakdown (in percentages) of staff employed by Probation Services or working for Probation Services on 31 st December 2009 Country Total staff per 100,000 population Head office of the national probation administration Head offices of the regional probation administrations Senior probation officers (chief of units) Of which: Probation officers (qualified probation staff) Probation agency officers (unqualified probation staff) Austria Belgium Bulgaria Croatia Cyprus Czech Republic Denmark Estonia Finland (5.5) France Georgia Germany (2.6) Hungary Ireland Italy Latvia (16.5) Lithuania Luxembourg Moldova Norway Poland Portugal Romania Serbia Spain (State Admin.) Spain (Catalonia) Sweden Turkey [1.8] UK: England and Wales UK: Northern Ireland Mean Median Minimum Maximum Extern staff and volunteers Other staff (specify) Total % 29

30 Conclusion (1) Main problems: Data collection (participation) Data validation (reliable replays) Main challenges: Improve the quality of the data provided by the countries Involve and motivate the national correspondents Influence on policy makers: The national authorities are interested in these results (e.g. presentations in Spain, Lithuania, Portugal, Italy) The goal of the project is to produce reliable and comparable figures across Europe; Main challenges: Produce comparable series Take into account national particularities (counting rules, legal background etc.) Compare only what is comparable 30

31 Conclusion (2) The use of SPACE statistics is nowadays generalised across Europe and different parts of the SPACE data are requested by: International organisations Policy makers Researchers, etc. Many scientific analyses/articles are produced on the basis of SPACE data: Annual SPACE reports are the first step towards further exploitation of the information National research: see publications in Germany, Poland, Italy, UK etc. International research Gaps and unreliable figures might provide a wrong picture of the situation in some countries. 31

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