Individualisation
76. Meeting these general principles
requires individualisation of sentence
planning. The CPT proceeds from
the knowledge, based on its own
exp erience as well as that of many
prison administrations, that lifesentenced prisoners are not necessarily
more dangerous than other prisoners
(see also paragraph 72); many of them
have a long-term interest in a stable and
conflict-free environment. Equally, those
who start their sentence as dangerous
may well become significantly less
so, not just with the passage of time
during lengthy sentences but also with
targeted interventions and humane
treatment. After the imposition of
the life sentence, individualisation
should continue through the process
of sentence planning based on an
assessment of the individual situation.
This requires a lengthy preliminary
assessment, preferably conducted in
a dedicated place with appropriate
staff in the form of experienced and
specially trained prison officers,
psychologists, educators and social
workers. A psychiatrist should also be
involved when there are indications of
possible mental health issues. The task
of that team, working in co-operation
with the prisoner, is to develop as
full an understanding as possible of
the prisoner’s situation, both inside
a custodial environment and in the
community, and the needs the prisoner
has for particular interventions to render
the stay in prison as beneficial as possible
in terms of resolving identified needs
and preparation for release. Use should
be made of accredited risk and needs
assessment instruments, supplemented
by professional judgment.12 The
resulting analysis and plan, which
should be shared as far as possible
with the prisoner, becomes a source
document for all persons working with
the prisoner. It should be reviewed on
a regular basis, with feedback given to
the prisoner.
Implementing the sentence
plan
77. The guiding principles in implementing the sentence plan are very much the
same as for all prisoners. Prisoners should
not be subject to any restrictions which
are not required for the maintenance
of good order, security and discipline
within the prison. In particular, the level
of security applied to each individual
should be proportionate to the risk
presented by the person. The nature of
the offence is only one factor in assessing this. As a matter of principle, the
imposition of the detention regime of lifesentenced prisoners should lie with the prison authorities and always be based on
an individual assessment of the prisoner’s
situation, and not be the automatic result
of the type of sentence imposed (i.e. the
sentencing judge should not determine
the regime).
78. Equally, except in the assessment
phase, life-sentenced prisoners should
not routinely be kept apart from other
sentenced prisoners, although it would
not be objectionable for long-term
prisoners to be kept apart from very
short-term prisoners. The length of
sentence does not necessarily bear
any relationship to the level of risk
12. See Recommendation CM/Rec (2014) 3 of
the Committee of Ministers of the Council
of Europe to member States concerning
dangerous offenders.
Situation of life-sentenced prisoners ► Page 39
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