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Offender release and supervision: The role of Courts and the use of discretion

In some jurisdictions, early release is automatic at a certain point in time; in others, it is discretionarily decided by a court or an executive authority; others still have a mixed system and, increasingly, others opt for mandatory post-release supervision with the hope of better controlling dangerous offenders. In some cases, due process applies and the independence of decision-makers is viewed as being paramount; in others such principles are deemed inapplicable. Some legal systems consider that release – , and breach issues – are part of a penal continuum that starts with arrest; in others, they are perceived as
belonging to the executive and as being strictly distinct from penal issues.

This book endeavours to understand these differences and tries and assess whether one perspective is superior to another. It wonders which one is fairer and more effi cient. It questions what efficiency means: freeing prison space, reducing reoffending, supporting rehabilitation, and/or being legitimate and fair? It wonders to what extent the answers to such questions are relative to culture, to penology choices (punitive, or not), and to the legal history and structure (e.g. written law or common law; adversarial versus non adversarial). It analyses whether due process should be taken into consideration. It also asks whether a legal system can afford due process in overcrowded and penniless times.

Thanks to the contribution of renown authors with various backgrounds, this book tries and answer these contentious issues, by drawing upon comparative and international law, empirical (outcome) literature, legitimacy of justice theory, therapeutic jurisprudence legal doctrine, and best practices (e.g. Danish collaborative reentry, drug courts or French reentry courts).

About the editor: Martine Herzog-Evans teaches law and criminology at Reims University, France. She also teaches at the Universities of Paris II and Bordeaux IV/Pau/National Prison Academy. Her majors are criminal law, sentences, probation, prisons and reentry. She is a member of the European Society of Criminology and works with three of its subgroups: Community Sentences and Measures; Sentencing; and Prisons. She is also a member of the Decision-Making group of the EU COST action “Offender Supervision in Europe”. She has consulted with the French National Assembly, the Senate, these assemblies’ law commissions, the French National Human Rights Commission, and the prison services, and worked as an expert for the Council of Europe.

Probation library

Reading corner

Violent Extremism

New newsletter available: EU Knowledge Hub on Prevention of Radicalisation

11/05/2026

The latest edition of the EU Knowledge Hub newsletter brings together policy, research, and practice to address evolving radicalisation threats across Europe.

Probation Journal

Research

What is the societal value of probation?

04/05/2026

During the CEP 15th General Assembly and International Conference on Gender-Based Violence in Probation (from 14 to 16 October 2025 in Vienna, Austria), the Dutch research group Modelling Societal Impact received the CEP Probation Research Award for their work on the societal impact of the Dutch probation services. The research has since been completed. There are multiple reports published (in Dutch) and a short videocast with English subtitles. For anyone interested, see below an oversight of the published research and relevant links to the publications and videocast.

This research may help other European countries demonstrate the added value of probation for their national context. If you would like to learn more about this, please contact: a.a.nemeth@saxion.nl (dr.ir. Attila Németh) or a.visser@saxion.nl (Anouk Visser, MSc.)

Probation Journal

Women, youth

Understanding the needs of girls and young women in youth justice

10/03/2026

New research highlights the underlying needs that influence girls’ and young women’s contact with youth justice systems and calls for more gender responsive approaches in policy and practice. Drawing on a review of recent studies, the authors identify several factors shaping girls’ pathways into the justice system, including persistent abuse, trauma, gendered expectations, and systemic failures. Girls involved in youth justice are often affected by multiple forms of victimisation, such as sexual abuse, neglect, and domestic violence, with experiences frequently beginning in early childhood.

Reading corner

Probation in Europe

The Routledge Handbook of European Penology

05/01/2026

The Routledge Handbook of European Penology, published by Routledge. This comprehensive volume has been edited by Sonja Snacken, Gaëtan Cliquennois, Ioan Durnescu, Diete Humblet and Elena Larrauri.

Reading corner

Criminal Justice

Bridging Research and Practice in Forensic Social Work: An interview with the editors of Forensic Social Work – Supporting Desistance

17/12/2025

Supporting desistance while managing risk is at the heart of criminal justice social work across Europe. In Forensic Social Work – Supporting Desistance, editors Jacqueline Bosker, Anneke Menger and Vivienne de Vogel bring together scientific insights and everyday professional practice to support those working with justice-involved individuals. In this interview, they reflect on the motivation behind the English edition of the book, its core themes, and how professionals can use its tools and approaches in their daily work.

Probation Journal

Domestic violence, Gender-based violence

New evaluation on whole family approach to domestic abuse

26/11/2025

Interventions Alliance has published a new evaluation of a Hub coordinated on behalf of police forces in the south of England, focused on tackling violence against women and children through a whole family approach. The Hub supports victims and perpetrators of domestic abuse and works across policing, health and social services.

Reading corner

Probation in Europe

New Release: Forensic Social Work – Supporting Desistance

13/11/2025

This book, Forensic Social Work – Supporting Desistance, has been released by Routledge. It is a practice-oriented resource exploring how forensic social work can support desistance and foster meaningful change in the lives of justice-involved individuals.

Reading corner

Criminal Justice

Parole Futures

18/08/2025

At a time when many parole systems are experiencing considerable strain, the aims of this collection are twofold: first, to encourage systematic and critical reflection on the rationalities, institutions and practices of parole. Second, to think big, and pose ambitious ‘what if’ questions about the possible futures of parole and prison release. Offering novel insights from Asia, Australia, Europe, North America and South America, this collection builds the case for, and then showcases, a ‘way of doing’ parole research that is global in outlook, interdisciplinary in approach and unapologetically normative in character.

Probation Journal

Violent Extremism

2025 EU Guidance document responding to the needs of victims of terorrism

23/06/2025

To mark the EU Day of Remembrance for Victims of Terrorism on 11 March, the EU Centre of Expertise for Victims of Terrorism has published a new Guidance Document on the Needs of Victims. This document is a significant step forward in reinforcing a victim-centred approach within counter-terrorism efforts across the European Union.

 

Research

Launch of the CEP Research and Development Strategy Summary

17/06/2025

We’re thrilled to announce that the Confederation of European Probation (CEP), in cooperation with the University of Glasgow (led by CEP Honorary Member Professor Fergus McNeill), and with the support of the CEP Expert Group on Research, has produced the CEP Research and Development Strategy. We are happy to share the summary with you!

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