CEP & EuroPris Foreign National Prisoners Expert Group. CEP Directors General Conference, The Hague 26 November 2015

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1 CEP & EuroPris Foreign National Prisoners Expert Group CEP Directors General Conference, The Hague 26 November 2015

2 fac Nick Hammond > probation specialist on foreign national offenders > developing operational policy and practise on FNOs for London Probation and NOMS > Probation secondee into NOMS HQ advising on FNOs > Research, Fellowships on FNOs > CJ freelance consultant > Facilitator CEP/EuroPris Foreign National Prisoners Expert Group

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4 who are we talking about? a foreign national is a person who is not a national of the country in which they are living a foreign national offender (FNO) is a foreign national who has committed an offence in the country in which they are living a foreign national prisoner (FNP) is a serving prisoner who is not a national of the country in which they are imprisoned nationality & immigration status - legally defined

5 CEP/EuroPris Foreign National Prisoners Expert Group; who we are & what we do what the CoE FNP Recommendations have to say about FNOs foreign national offenders and probation practise foreign national offenders the challenge for probation

6 why a CEP/EuroPris FNP Expert Group FNPs one of the most significant issues facing European prison administrations FNPs comprise increasing proportion within European prisons 117,000 est. FNPs comprising 1 in 5 prisoners evolved from European Group of Prisoners Abroad (1980s) - a CEP Special Interest Group (2007) - combined EuroPris/CEP FNP Expert Group (2013)

7 FNPs in European prisons source; ICPR - World Prison Brief highest Switzerland 73% Luxemburg 72% Greece 60.4% Austria 49% Belgium 43% Estonia 37% Norway 35.2% Italy 33% Sweden 30.7% Spain 29.1% Denmark 28% Germany 27.1% lowest UK Northern Ireland 7.6% Croatia 5.6% Hungary 3.9% UK Scotland 3.7% Bulgaria 2% Latvia 1.8% Slovakia 1.8% Turkey 1.8% Albania 1.7% Lithuania 1.6% Romania 0.8% Poland 0.7%

8 purpose of FNP Expert Group promoting better national regulation and practise creating awareness of FNP issues through links with specialist organisations and experts being an information resource for CEP & EuroPris members

9 CEP/EuroPris FNP Expert Group Willem van der Brugge - CEP - Secretary General Kirsten Hawlitschek - Executive Director Nick Hammond - Facilitator Pauline Crowe - CEO - Prisoners Abroad (UK) Luisa Ravagnani - University Brescia (Italy) Marjolein Groot - Head of the International Office Dutch Probation Service (NL) Brian Hanley - Coordinator - Irish Council for Prisoners Overseas (Ireland) Dr. Róisín Mulgrew - Assistant Professor of Law - University of Nottingham Smiljka Barancek - Head of Unit, Ministry of Justice (Croatia) Ray Murray - Education, Work & Training Coordinator, Care and Rehabilitation Directorate, Irish Prison Service (Ireland) Jennie van Alten - Prison Governor (Sweden) Isabelle Storm - Adviseur Psycholoog, Ministry of Justice (Belgium), Gerhard Ploeg - Senior Advisor, Norwegian Correctional Services (Norway) NOMS/National Probation Service (England & Wales) - to be confirmed Iuliana Carbunaru - Romanian Probation Service (Romania)

10 FNP Expert Group - Activities FNP Workshop London Oct nd planned Autumn 2016 European Prison Education Association, STEPS 2 Project, Foriner Project & FD 909 Expert Group briefings on Council of Europe FNP Recommendations, University of Nottingham with European Prison Training Academies establish database of experts and expertise on FNO issues across Europe from prison, probation, universities, voluntary groups contribute to country specific information for resettlement & transfer in Europe Nov Council for Penological Cooperation (PC-CP) presentation on FNPs

11 Council of Europe FNP Recommendations 2012/12 and Probation Services CoE asks Member States to bring to attention to those dealing with FNOs such as Probation Services FNOs face same difficulties as FNPs; language, culture, customs, religion, lack of family ties, isolation bail less likely, community sanctions used less, imprisonment more common recommends Probation to take; additional steps to combat discrimination & explore alternatives to imprisonment urges no automatic bar to FNOs eligibility for community sanctions (Rule 4) countries encouraged to prepare pre-sentence reports on FNOs (Rule 14)

12 foreign national offender issues data on FNPs better than FNO in community FNPs over-represented in many European countries same presumed for FNOs more likely to receive custodial than community sentences absence of convictions from abroad pathways out of offending absent or restricted important to engage FNOs at early opportunity increased focus on deportation & prison transfer = impoverished regimes

13 foreign national offenders; pre-sentence reports & community sentences sentencers less likely to request pre-sentence reports direct/indirect restrictions on community sanctions greater perceived flight risk due to lack of social & community ties poor compliance & completion rates discriminatory/deterrent sentencing community sanctions not feasible for FNs with immigration issues

14 FNOs; pre-sentence reports and community sanctions - London Probation study FNOs more likely to be sentenced without presentence reports when pre-sentence reports requested, writers less likely to recommend community sanctions on FNOs BUT - when community sanctions recommended court usually follows recommendation AND - successful completion rates of community orders not dependent on nationality SO courts will follow report recommendations for community sanctions on FNOs when made confidently

15 improving access to community sanctions for FNOs changing perspectives Training Probation staff & briefing sentencers FNs ineligibility for work or access to public funds no bar in themselves to community sentence community sanctions feasible for FNOs with on-going immigration issues reassure sentencers of liaison between Probation and Immigration during supervision Probation must manage credible, effective community sanctions for FNOs interpreting services, use community groups & mentors

16 Example of good probation practice

17 Innovative practise for resettlement of FNPs from NOMS

18 FNOs; a challenge to Probation Services improve your foreign national data promote community sanctions with probation staff & sentencers-training & briefings partnerships with community migrant/refugee organisations to enhance supervision of FNOs probation staff employed or seconded from other countries contact CEP & EuroPris FNP Expert Group via, Willem, Kirsten, CEP nominated members or nickhammond@europris.org

19 Questions What information do you need to make informed strategic decisions? What are your foreign national offender issues? How have you, or might you, reduce barriers to better access to community sanctions for FNOs? How can community sanctions for FNOs be promoted with your sentencers? How might community sanctions for FNOs be made more effective and responsive to address their criminogenic needs? What would you like from the CEP/EuroPris FNP Expert Group? What are you going to contribute to the CEP/EuroPris FNP Expert Group?