Skip to content

News

Have Community sanctions and measures widened the net of the European criminal justice systems?

A summary of the article written by Marcelo F Aebi, Natalia Delgrande and Yann Marguet from the University of Lausanne, published in 2015 in “Punishment & Society”, is presented below.

Community Sanctions and Measures (CSM) were created to reduce the prison population and to improve offenders reintegration. Having analyzed data from 29 European countries the authors of the article want to determine whether CSMs are used as an alternative to prison or as supplementary measures.

The authors state that during the last 20 years with the implementation of CSMs the number of prisoners has, in fact, increased and as a result there are more people subject to correctional control or drawn into the criminal justice system. Many researchers have described this phenomenon as the “net widening effect”. The authors of the article use the conceptualization provided by John Muncie who defines it as: “the processes whereby attempts to prevent crime and develop community-based corrections act to expand the criminal justice system and draw more subjects into its remit” (Muncie, 2001:262).

Methodology

The study has real relevance for CEP members because it covers 29 European countries, specifically: 9 from Central Europe, 4 from Eastern Europe, 12 from North Western Europe and 4 from Southern Europe. The authors analyse the prison and probation population from a longitudinal perspective over the course of 20 years (from 1990/91 to 2010). A comparative crosssectional approach compares the same data but only for the year 2010 within each country and between countries. Trends in crime are also taken into account.

The article uses data from SPACE I and II (Council of Europe Annual Penal Statistics and on Persons Serving Non-Custodial Sanctions and Measures) – therefore it has a solid statistical basis. The evolution of CSM and prison population in Europe In Europe, from 1990 to 2010, there has been an increase in the importance of CSMs and probation agencies, thus the CoE produced several recommendations in order to develop a common policy for all member states concerning CSMs. In the same way  ata shows that there has been an increase in the number of persons serving CSMs (specially community service or unpaid work) since 1990. The data shows that by 2010, 17 countries of out of the 29 had more probationers than prisoners.

However, in general, most of the European countries included in the study increased their prison populations over the 20 years under study. Trends in crime do not to explain this increase.

Prison and Probation in Europe in 2010

The analysis of data from 2010, between different European countries, highlights two different ways of dealing with offenders. There is a group of ten countries that show the highest probation population and also the highest prison population. The authors state that the criminal policy of these countries seems to prioritize the control and the punishment by keeping offenders inside the Criminal Justice System. These countries are England and Wales, Estonia, Georgia, Hungary, Latvia, Poland and the State Administration of Spain. There are other countries that show a low probation and prison population, suggesting that a moderate use of CSMs can help to keep the prison population low. This use of CSMs in such a way reveals a criminal policy that prioritizes the socialization in the community rather than keeping offenders inside the criminal justice system. These countries are Finland, Norway and Switzerland.

Conclusions

The number of persons serving community sanctions and the number of inmates have increased in almost all European countries during the period studied (1990/91 –2010) regardless of the trends in crime. This data shows that, in general, CSMs have been used as a supplementary measure, not as an alternative, and thus effectively contributed to widening the net of the Criminal Justice Systems. The authors add the number of inmates and the number of probationers in each country explaining that it represents the total number of persons that should be in prison if CSM did not exist. The figures are so high in some countries that they conclude that the net-widening effect cannot be denied.

CSMs became part of a punitive approach to Criminal Policy in countries that promote control by keeping people inside the Criminal Justice System (using prison or probation measures) instead of avoiding reoffending by prioritizing socialization or rehabilitation in the community. The data also shows a wide diversity in the use of CSMs across Europe in 2010. It is difficult to say which countries are using CSMs in a reasonable way. The implementation of CSMs in Europe did not result in a visible effect on prison population rates, thus CSMs do not seem to guarantee a reduction in the prison population.

Related News

Keep up to date with the latest developments, stories, and updates on probation from across Europe and beyond. Find relevant news and insights shaping the field today.

Probation in Europe

New Vodcast Episode: Leo Tigges on Probation Capacity Building

09/10/2025

The 15th episode of Division_Y features Leo Tigges, a freelancing consultant and former Secretary General of the Confederation of European Probation (CEP).

In this episode, host Jo Tein (CEP board member) speaks with Leo about his professional journey and his co-authored publication with Steve Pitts on Probation Capacity Building. The discussion highlights international collaboration, knowledge exchange, and strategies for strengthening probation systems across Europe.

▶️ Watch the full interview (English with German subtitles) below

New

Framework Decisions

CEP Updates Framework Decision 947 Guides

06/10/2025

CEP has released updated versions of its guides for persons under probation supervision and for probation staff, reflecting its continued commitment to cross-border cooperation in criminal justice. These revisions aim to promote broader use of Framework Decision 947, which facilitates the mutual recognition of probation measures and alternative sanctions across EU member states.

 

The guides are to be found here.

Recap

ITSCCS

Building Core Skills, Building Connections: V edition of the ITSCCS 2025 in Barcelona

03/10/2025

Barcelona was the stage for the CEP International Training School on Core Correctional Skills (ITSCCS) 2025, held from 29 September to 3 October. Over five days, the Centre d’Estudis Jurídics i Formació Especialitzada became a hub for practitioners eager to sharpen the practical tools that define effective work in the criminal justice field.

Recap

Partners

CEP participated at the 14th Annual General Meeting of EuroPris

01/10/2025

On 23 September 2025, in Krakow, Poland, Jana Spero Kamenjarin, CEP Secretary General, participated in the 14th Annual General Meeting (AGM) of EuroPris.

Recap

CEP Board, Probation in Europe

30th Council of Europe CDPPS Conference: Can we move away from the overuse of penal sanctions?

01/10/2025

On 24–25 September 2025, Kraków, Poland, hosted the 30th Council of Europe Conference of Directors of Prison and Probation Services (CDPPS) under the theme “Can we move away from the overuse of penal sanctions?”. The event gathered high-level participants — Directors General from member and observer states and representatives of the supporting organisations.

Recap

Probation outside Europe

Governance Oversight and Accountability Mechanisms in Probation and Parole: Compare and Contrast Europe and USA

19/09/2025

Confederation of European Probation (CEP) and American Probation and Parole Association (APPA) organized an insightful webinar that introduced the theme “Governance oversight and accountability mechanisms in Probation and Parole. Compare and contrast Europe and USA”. This event took place on Thursday, 18 September 2025.

Subscribe to our bi-monthly email newsletter!