Defining and Registering Criminal Offences and Measures - Oapen

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Pre-Trial Detention and Other Compulsory Measures
2005, table 4) and the proportion of entries before final sentence (table 12) were
discussed. SPACE results show a complex situation. Pre-trial detention may be at
some high level for a country for both indicators. In other countries a low rate (in
comparison with the median) of untried prisoners (or not serving a final sentence)
can be observed with a rather high (or at least moderately high) proportion of
entries before final sentence. The pre-trial detention length may be one of the
reasons for this diversity.
But SPACE results could be fruitfully compared with other data related to pretrial
detention at the different stages of the criminal procedure. Since it seems
quite difficult to collect data by offence type for prison flows, the possibility to
collect data on pre-trial detention by offence type could be explored in the other
chapters of the European Sourcebook. A first proposal, including new tables
about restrictions of freedom before trial in each chapter (police custody in chapter
1, pre-trial detention and bail in chapter 2, persons convicted after pre-trial
detention in chapter 3) was discussed. But this solution seemed too ambitious for
many countries where the breakdown by offence type for pre-rial detainees etc. is
not available at police level or at prosecution level.
On the other hand, the idea to collect data on different forms of compulsory
measures was revisited. Some of these measures belong to chapter 2 and not to
chapters 3 or 4. The following categories were suggested:
a) detention and its substitutes
- police custody
- numbers of persons held in pre-trial detention
- number of persons held under control through (1) bail, (2) electronic monitoring,
or (3) other control measures
b) financial restrictions
- orders of seizures: number of decisions and amount seized
c) other restrictions
- orders to supervise telephone lines
- orders to supervise personal mobility
d) international legal cooperation
- number of requests received (from other countries, EU vs. non-EU)
- number of requests sent out (to other countries, EU vs. non-EU)
- number of persons extradited to other countries (EU vs. non-EU)
- number of persons extradited by other countries (EU vs. non-EU)
- number of persons arrested under an European arrest warrant, at the request of
other countries
- number of persons whose arrest was requested under an European arrest warrant
After discussion it was decided to introduce some tables about restrictions of
freedom before trial and other supervision measures in chapter 2 (prosecution).