Alternatives to detention Social and medical rehabilitation schemes At the pre-trial stage, only 10 EU Member States159 provide for access to medical rehabilitation schemes, such as: admission to psychiatric treatment facilities, outpatient treatment for mental health or addiction, or treatment for addiction to alcohol or narcotics. Merely four Member States160 have included in their pre-trial criminal justice system social rehabilitation schemes, such as: youth rehabilitation programmes, social integration programmes, community return programmes, citizenship training courses, road traffic training, programmes preventing violent behaviour and participation in cultural programmes. This unavailability of social rehabilitation schemes at the pre-trial phase might suggest a difficulty in transferring such measures between Member States or incompatibility between the measures offered across Member States. If an executing state does not provide for the same rehabilitative measures as the issuing state, it must ensure that the accused is offered a new measure that is as close as possible to the original and that the accused is no worse off due to the transfer.161 Financial surety and other alternatives to pre-trial detention Financial surety is an alternative to pre-trial detention in 16 Member States,162 while a ban on driving may be ordered in France, Poland, Romania, Slovakia and Spain. A ban on carrying alcoholic beverages may be issued in both the Czech Republic and Romania, while in both France and Romania, a ban on writing cheques during one’s pre-trial stage can be imposed. 4.2. Alternatives to post-trial detention “[T]he principle according to which prison shall be used as a last resort, [requires] a variety of individually tailored sanctions and measures [that] shall be applied where possible in order to keep offenders in the community and to improve their crime-free life prospects.” Council of Europe, Committee of Ministers, Guidelines for prison and probation services regarding radicalisation and violent extre­ mism, 2 March 2016. other than a custodial sentence, involving deprivation of liberty or a financial penalty, imposing an obligation or instruction.” 163 Article 2 (7) defines probation measures as “obligations and instructions imposed by a competent authority on a natural person, in accordance with the national law of the issuing State, in connection with a suspended sentence, a conditional sentence, or a conditional release.” 164 Other related terms are to be understood as follows: • conditional release: “the early release of sentenced prisoners under individualised post-release conditions”165 • suspended sentence: a custodial sentence imposed by a court, which will not be executed, depending on compliance with imposed probation measures166 • conditional sentence: a judgment of guilt has been made against a person, but the imposition of a sentence is deferred on the condition that the convicted person complies with probation measures.167 FRA’s research indicates that conditional release from a  custodial sentence is an option in all EU Member States. There are variations between the Member States on the eligibility for conditional release. Some allow this only for sentences of a certain length, or exclude some crimes from eligibility. There is also a difference in how conditional release is offered; some states have an authority charged with making probation decisions, while in others, the courts have the power to release a prisoner before the end of the sentence. Data show that 25 of the 28 EU Member States offer suspended sentences. Conditional sentencing appears to be a less available alternative: 16 out of 28 offer conditional sentences (Belgium, Cyprus, the Czech Republic, Germany, Estonia, Finland, France, Croatia, Hungary, Ireland, Malta, Poland, Romania, Sweden, Slovenia, and the United Kingdom). The Framework Decision on probation and alternative sanctions lists, in Article 4 (1), probation measures and alternative sanctions to which it applies, but it is not compulsory for Member States to make all of these measures available. The listed measures are: The Framework Decision on probation and alternative sanctions defines alternative sanctions as “a sanction, 159 Austria, Belgium, Denmark, Estonia, Finland, France, Luxembourg, the Netherlands, Romania and Slovenia. 160 Luxembourg, Latvia, the Netherlands and Poland. 161 Council Framework Decision 2009/829/JHA, Art. 13 (2). 162 Austria, Belgium, Bulgaria, Cyprus, France, Germany, Greece, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Slovakia, Slovenia and Spain. 163 Council Framework Decision 2008/947/JHA, Art. 2 (4). 164 Ibid., Art. 2 (7). 165 Council of Europe, Committee of Ministers (2003), Recommendation Rec (2003)22 of the Committee of Ministers to Member States on conditional release (parole), 24 September 2003. 166 Council Framework Decision 2008/947/JHA, Art. 2 (2). 167 Ibid., Art. 2 (3). 67