A/HRC/30/19 practice the measure of last resort at all stages of the criminal justice system, from pretrial to the execution of sentences”.214 55. In order to render alternatives to detention effective, there must be a variety of measures available at pretrial and conviction stage, such as affordable bail,215 automatic bail for most offences,216 monetary fines, electronically monitored house arrest,217 community service, juvenile punishment and supervision of paroles218 as well as remission or commutation of sentences and parole or pardon system. 219 Eligibility criteria for all these alternative measures should be reviewed so as to widen their scope of application.220 In particular, it is crucial that alternatives to custodial measures are duly considered for such groups as women, elderly, children and people with disabilities. 221 56. However, alternatives to detention should not only be provided for in legislation, but also implemented in practice.222 In order to ensure that there is support from the prosecutorial services, the judiciary and the public, it is essential that the system of alternatives to detention is run efficiently223 and is adequately resourced. F. Proportionate sentencing 57. Proportionate sentencing is an essential requirement of an effective and fair criminal justice system. This requires that custodial sentences are imposed as measures of last resort and applied proportionately to meet a pressing societal need.224 58. In order to meet the requirement of proportionality, States have been revising their penal policies and legislation in order to reduce minimum and maximum penalties,225 decriminalize numerous categories of petty crimes and reduce criminal sanctions for economic offences,226 thus contributing to reducing the total prison population.227 Equally, reviewing sentencing policies to reduce or eliminate mandatory minimum sentences for lesser, non-violent offences and to provide more reasonable sentencing guidelines in order to reduce excessively lengthy sentences also has had a positive effect upon the reduction of overincarceration and overcrowding. 228 Appropriate action, including training, should be taken vis-à-vis the prosecutorial and judicial authorities with a view to eliminating unnecessary recourse to pretrial custody and modifying the sentencing practices. 229 Special 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 See Council of Europe document CPT/Inf (2014) 31, para. 56. See also CAT/OP/NZL/1, para. 33. See www.achpr.org/files/sessions/52nd/inter-act-reps/185/activty_report_prisons_eng.pdf, p. 22. See Council of Europe document CPT/Inf(2014) 15, para. 98. See www.ohchr.org/Documents/Issues/RuleOfLaw/Overincarceration/Germany.pdf. See www.ohchr.org/Documents/Issues/RuleOfLaw/Overincarceration/OPO_Finland.pdf. See A/HRC/25/60/Add.1, para. 99. See A/HRC/25/60/Add.1, para. 99. See CRC/C/AZE/CO/3-4, para. 75; A/HRC/22/53/Add.2, para. 92; A/HRC/28/68, para. 39; and www.ohchr.org/Documents/Issues/RuleOfLaw/Overincarceration/QUNO.pdf. See www.ohchr.org/Documents/Issues/RuleOfLaw/Overincarceration/CNDH_Mexico.pdf. See www.ohchr.org/Documents/Issues/RuleOfLaw/Overincarceration/NCHR_Slovakia.pdf. See E/CN.4/2006/7, para. 63, and CAT/OP/MDV/1, para. 220. See CAT/C/MDA/CO/2, para. 18. See Council of Europe document CPT/Inf (2014) 15, para. 98. See www.ohchr.org/Documents/Issues/RuleOfLaw/Overincarceration/RussianFederation.pdf, and www.ohchr.org/Documents/Issues/RuleOfLaw/Overincarceration/Kazakhstan.pdf. See A/HRC/25/60/Add.1, para. 84. See A/HRC/25/60/Add.1, para. 99, and Council of Europe document CPT/Inf (2015) 12, para. 44. See also www.achpr.org/files/sessions/37th/mission-reports/prisons2004/misrep_specmec_priso_southafrica_2004_eng.pdf, para. F(i). 19

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