already difficult for such defendants to look after their rights, it is also more difficult for them to then turn to some monitoring bodies.”131 But it was underlined during our research, that defendants with psychosocial/intellectual disabilities would need a person of trust to accompany them in the criminal proceedings: “(Defendants with psychosocial/intellectual disabilities that have experience with hospitalisation), they are used to hospitalisation, but when they fall into the wheels of criminal procedure, they don't think it's normal anymore and they don't know what's going on and they need someone to be there for them.”132 As also the lawyers are usually not trained well in working with persons with psychosocial and/or intellectual disabilities, it is crucial that the concept of advocacy of the rights of persons with disabilities is also incorporated into the criminal justice system and strengthened with sufficient staff and funds. Pre-trial detention The CPA provides for several measures which may be used to ensure the presence of the accused, to prevent reoffending and to ensure successful conduct of the criminal proceedings: summons, compulsory appearance or promise by the accused not to leave his residence, prohibition on approaching a specific place or person, attendance at a police station, bail, house arrest and detention.133 In deciding on which of the measures to apply to ensure the presence of the accused, the court must take account of the conditions stipulated for individual measures. In selecting the measure, it must also ensure that it does not apply a more stringent measure if the same purpose can be achieved with a more lenient one.134 Although there are no rules or guidelines on using alternatives to detention in cases of persons with intellectual and/or psychosocial disabilities, in each case the court must perform a strict proportionality test between the public right to safety and the right to personal freedom of an accused person and always use the most lenient measure possible. 131 Ibid. Ibid. 133 Chapter XVII of the Criminal Procedure Act (Zakon o kazenskem postopku), 29 September 1994. 132 134 Article 192(1) of the Criminal Procedure Act (Zakon o kazenskem postopku), 29 September 1994. 45