NUMBER OF PRISONERS (OPINION)
The time allocated to judges, the latter having had occasion to bring
their questions in this respect to public attention, also deserves
consideration. On the one hand, there is a striking dichotomy
between the preparation of difficult cases for trial and criminal trials
for which time is no object (Assize Court trials are longer today
than in the past) and, on the other hand, the handling of the series
of what are considered to be banal cases, which are nevertheless of
decisive importance with regard to individual futures. Many persons
encountered rightly or wrongly feel that they were not heard.
Improved balance would be desirable. On the other hand, there is
a lack of time for more invisible but nevertheless equally necessary
occupations. These include the need to see the prison: admittedly,
judges responsible for the execution of sentences and deputy public
prosecutors in charge of the enforcement of sentences regularly go
to the latter. But what about other judges, and in particular those who
deliver prison sentences? “I am obliged to urge professionals to go and
visit prisons” explains one renowned public prosecutor. The presence
of members of the national legal service in prison should be increased
alongside greater control on their part.
Although the proportion of prisoners on remand within the prison
population as a whole henceforth corresponds to the European
average (it was long higher in France than elsewhere), in line with
what is also being sought in Europe, efforts should be undertaken in
order to substantially reduce use of pre-trial detention75 and develop
alternatives (of the “house arrest” type in use elsewhere).
The results and effectiveness of the legislative mechanisms that lead
to the virtually automatic pronouncement of prison sentences (subject
to special grounds) need to be closely examined, in accordance with
the abovementioned criteria, in order to determine whether or not
they should be maintained in the light of this examination.
Similarly, the reduced sentencing policy, which for several years has
been in turn promoted and limited, requires consideration. In this
respect, the penitentiary law of 24th November 2009 represents a
real step forward which needs to be consolidated. A large increase
in reduced sentencing is currently noted, in particular as part of the
expansion of alternatives to imprisonment (which increased by almost
cf. Recommendation of the Committee of Ministers of the Council of Europe of
27th September 2006 (Rec (2006)13).
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