Criminal detention and alternatives: fundamental rights aspects in EU cross-border transfers unconditional bail, it would therefore be crucial to convince prosecutors to request alternatives. In Finland, the only alternative to detention is a travel ban, which is rarely used – and even less often in respect to foreigners. The travel ban often appears to be understood by judges to apply only when a suspect has permanent residence in Finland.154 Alternatives to pre-trial detention in light of the Framework Decision on the ESO Article 8 (1) of the Framework Decision on the ESO lists the pre-trial supervision measures to which it applies. These are: • Obligations to inform authorities of any change of residence • Restrictions in movement, in particular in entering certain places or an obligation to remain at a specified place, as well as limitations on travelling across state boarders • Restrictions on contacting certain persons. Additionally, according to Article 8 (2), following notification to the Council, states may also choose to apply the ESO to other measures, for example: • • • • • Restrictions on engaging in certain activities Restrictions on driving a vehicle Obligations to deposit a certain sum of money Obligations to undergo certain treatment Restrictions on contacting specified objects. The most common measures will be described in detail in subsequent parts of this chapter. It should be noted that not all types of measures are available in all EU Member States. Table 9 provides an overview of measures available in EU Member States. Restrictions on movement All Member States that have implemented the ESO envisage alternative measures that relate to some form of restriction on movement of the person awaiting trial (Article 8 (1) (b)-(d)). The following alternative measures to pre-trial detention are commonly available in these Member States: • Prohibition from leaving the national territory • Prohibition from leaving the designated premises (house arrest) • Prohibition on entering certain locations. 154 Ibid. 66 Restrictions on communication Together with measures imposing restrictions on movement, the most common alternative measure used at the pre-trial stage by EU Member States involves restrictions on communications with specific members of society. When individuals are accused of domestic and/or sexual violence, restrictions on communicating with specific persons related to the alleged offences apply in almost all Member States (Article 8 (1) (f)). Such measures, also known as barring orders or restraining orders, may be directed both at impeding any contact with the direct victim of the alleged offence, or with any other member or category of members of society who might be under possible threat. According to FRA’s research, Bulgaria, Portugal and Sweden do not provide for an obligation to avoid contact with specific persons related to the alleged offence. Strict supervision measures Another related alternative measure that is widely used at the pre-trial stage within the EU is that of mandatory registration, also known as the duty to report. According to FRA’s findings, 18 Member States155 require mandatory registration at pre-trial stage, with Ireland and Italy providing analogous requirements notwithstanding their lack of transposing legislation. Direct supervision by the national probation services is envisaged in 11 Member States,156 while seizure of documents occurs at the pre-trial stage in seven Member States.157 Electronic monitoring Electronic monitoring, which has steadily grown in popularity amongst Member States’ criminal justice systems, is directly related to the abovementioned alternative measures. FRA’s findings show that, due to its dependency on relatively cumbersome technology, only 10158 out of the 22 Member States that have implemented the instrument make use of electronic monitoring at the pre-trial stage. Italy (where implementation was lacking as of 1 October 2015) also utilises electronic monitoring as an alternative to pre-trial detention. Finland reportedly set up a working group on the matter; its deliberations are still to be finalised. 155 Austria, Bulgaria, Croatia, Estonia, Finland, France, Germany, Ireland, Italy, Latvia, Lithuania, Luxembourg, Poland, Portugal, Romania, Slovenia, Spain and Sweden. 156 Austria, Belgium, the Czech Republic, Denmark, Germany, Latvia, Lithuania, Luxembourg, the Netherlands, Poland and Romania. 157 Croatia, Ireland, Lithuania, Luxembourg, Poland, Spain and the United Kingdom. 158 Austria, Belgium, France, Germany, Greece, Italy, the Netherlands, Romania, Spain and the United Kingdom.