This book provides a comparative analysis of the process of breach across ten different European jurisdictions by identifying and elaborating a number of key analytical themes through which the different systems can be compared and evaluated. It is informed by and hopes to advance the research activities of the COST Action IS1106 on Offender Supervision in Europe, particularly the Action’s work on developing new comparative methodologies to examine the process of decision-making involved in the breaching of offenders for non-compliance.

This volume consists of country chapters and thematic chapters. Analyses are based on exhaustive reviews of the literature available in each jurisdiction as well as the results of an empirical pilot study to provide a unique and valuable insight into current practice as well as enhancing our understanding of the contingencies and vagaries of the processes of breach as they exist in both civil and common law European jurisdictions. The key themes and emerging concerns that are explored include: the roles and responsibilities of the different actors involved in the breach process; the degree and nature of discretion exercised by decision-makers; and legitimacy, due process and procedural requirements of breach processes both from a pan-European and from a comparative perspective.

This book will be of interest to criminal lawyers and criminologists, policy makers, criminal justice practitioners, probation workers and students of criminal justice studies across Europe. Comparative insight into the decision-making processes of breach across Europe will also be of interest to American, Canadian and Australian audiences seeking comparisons with their own systems.

part |116 pages

Part A

chapter 1|16 pages


Comparing breach processes: Aims, concepts, methodology and figures
ByMiranda Boone, Niamh Maguire

chapter 2|20 pages

Fairness issues in the breach process

European perspectives
ByChristine Morgenstern, Consuelo Murillo, Luisa Ravagnani

chapter 3|20 pages

Parties, roles and responsibilities

ByEster Blay, Miranda Boone, Ineke Pruin

chapter 4|18 pages

Discretion and professionalism in a breach context

ByKristel Beyens, Anders Persson

chapter 5|29 pages

Legitimacy, fairness and justice in breach processes

Comparative perspectives
ByAnthea Hucklesby, Niamh Maguire, Maria Anagnostaki, José Cid

chapter 6|11 pages


Understanding breach processes: Major themes, insights and questions for future research
ByNiamh Maguire, Miranda Boone

part |144 pages

Part B

chapter 7|15 pages

Breach of work penalties and conditional release in Belgium

ByKristel Beyens, Veerle Scheirs

chapter 8|18 pages

Non-compliance and the breach process in England and Wales

ByAnthea Hucklesby

chapter 9|13 pages

Revocation and recall in Germany

Legal structures and first insights into decision-making processes
ByIneke Pruin

chapter 10|16 pages

Breach processes and community punishment in Greece

ByMaria Anagnostaki

chapter 11|17 pages

Non-compliance and breach processes in the context of community service orders and early release

The Republic of Ireland
ByNiamh Maguire

chapter 12|13 pages

Breach process in the context of alternative measures in Italy

ByLuisa Ravagnani, Alessandro Zaniboni, Nicoletta Policek

chapter 13|11 pages

Breach of community punishment in Lithuania

ByAlfredas Laurinavičius, Laura Ustinavičiūtė

chapter 14|14 pages

Revocation and recall in the Netherlands

ByMiranda Boone, Maaike M. Beckmann

chapter 15|14 pages

Breach procedure, revocation and recall in Spain

ByEster Blay, José Cid, Consuelo Murillo

chapter 16|11 pages

Breach processes in Sweden

ByAnders Persson