To be in a position to assess the offender’s criminal past is essential for the effective conduct of new criminal proceedings, in particular to ensure informed decisions on pre-trial detention or bail, and to have full information available at sentencing stage.

20. Stresses that such a framework decision should include provisions governing other fundamental rights of suspects and defendants such as the right of bail, the right of a due process of law, rules on the admissibility and weight of evidence, the ne bis in idem principle, the right of silence (right against self-incrimination), the right to be presumed innocent, guarantees covering pre- and post sentence detention and the right to review of decisions and appeal proceedings;

21. Stresses that such a framework decision should include provisions governing other fundamental rights of suspects and defendants such as the right of bail, the right of a due process of law, rules on the admissibility and weight of evidence, the ne bis in idem principle, the right of silence (right against self-incrimination), the right to be presumed innocent, the guarantees covering pre- and post sentence detention and the right to review of decisions and appeal proceedings;

The conditions for provisional release are more flexible than those for conditional release since, for example, all offenders sentenced to a total of no more than three years can be released after serving a third of their sentence, even if they are repeat offenders.

The conditions for provisional release are more flexible than those for conditional release since, for example, all offenders sentenced to a total of no more than three years can be released after serving a third of their sentence, even if they are repeat offenders.

However, there are some major difficulties with the bill: the shift in principle from rehabilitation and reintegration to deterrence and denunciation; problems with judicial interim release; the broadening of the definition of serious offence and the implications this will have with the number of youth who are in pre-sentence custody; the broadening of the definition of violence and the impact that will have on the number of youth who find themselves in custody following conviction; the consideration of extrajudicial sanctions and determination as to whether a youth should be sentenced to custody or not; and the associated problems ...[+++]with the publication of the youth's name.