A/HRC/44/37 B. Alternatives to detention and non-custodial measures 28. The Tokyo Rules set out the fundamental principle that imprisonment should be a last resort and alternatives are outlined, including non-custodial measures and sanctions. Rules 57–66 of the Bangkok Rules on non-custodial measures represent a supplement to the Tokyo Rules, interpreted from a gender perspective, including the requirement to take into account a women’s background, circumstances and caretaking responsibilities. They provide guidance on gender-sensitive alternatives for both pretrial detention and sentencing postconviction.13 29. The absence of alternatives to detention is a significant contributor to overincarceration and overcrowding. In order to render alternatives to detention effective, there must be a variety of measures available at the pretrial and conviction stages and the system must be adequately resourced (A/HRC/30/19, para. 55). However, gender-specific alternatives to prison are lacking in many States. Rule 60 of the Bangkok Rules places the responsibility on States for allocating adequate financial and human resources to the development of non-custodial measures and sanctions. 30. In Kenya, Penal Reform International explored a gender-sensitive approach to noncustodial sentences, as required under the Bangkok Rules. Working with the Kenya Probation and Aftercare Service, the aim of the project was to study and develop gender-sensitive community and probation orders in Kenya. This resulted in amendments to pre-sentence reports on women to better reflect their daily realities and backgrounds, and helped to improve non-custodial sanctions for women. Probation officers also received training on how to use these adapted tools and implement a gender-sensitive approach in their work. 31. In Madagascar, the OHCHR Human Rights Adviser provided support to the Government to develop a draft law on alternative criminal sanctions, guided by the Mandela and Tokyo Rules. With the support of an international expert, a review of existing legislation and alternative non-custodial measures and sanctions was undertaken, to ensure that the judicial authorities had sufficient alternative options to pretrial detention and imprisonment. OHCHR also provided technical and financial support for the implementation of the 2019 penal law policy, which aims to reduce recourse to pretrial detention and explore alternatives to detention. 32. The National Health Service in England has rolled out liaison and diversion services to support the Government’s efforts to intervene early for vulnerable offenders.14 Liaison and diversion services place clinical staff at police stations and courts to provide assessments and referrals to treatment and support. They provide information to decision makers in the justice system in real time when it comes to charging and sentencing vulnerable people, so that decisions and sentences can be tailored to meet their needs. This may include options for diversion away from the criminal justice system and charges or diversions away from a custodial sentence to a community sentence with a treatment requirement. Police forces also have the flexibility to deal with low-level offending without recourse to the courts, through the use of out of court disposals. The strategy of the National Police Chiefs’ Council on the use of out-of-court disposals for adults promotes a two-tier approach offering a choice between a community resolution and a conditional caution. 15 Out of court disposals with rehabilitative conditions offer an opportunity for early intervention with vulnerable groups, such as offenders with substance misuse or mental health issues, and are aimed at addressing the underlying drivers of offending behaviour. Alongside the deferred prosecution scheme in the United Kingdom, some police forces have developed appropriate diversion schemes, attaching conditions which direct female offenders to women’s centres. 33. In Nigeria, in response to recommendations received under the universal periodic review, the President signed into law the Correctional Service Act (2019). The Act aims to reform the Nigerian penitentiary system, emphasizing rehabilitation and establishing mechanisms for non-custodial sentences. A presidential advisory committee was also 13 14 15 See Penal Reform International, “UN Bangkok Rules on women offenders and prisoners: a short guide” (2013), pp. 6 and 8. See contribution from the United Kingdom. National Police Chiefs’ Council, “Charging and out of court disposals: a national strategy 2017– 2021” (2017). 7