Non-Custodial Measures
Definition
Sentences or pre-trial measures that do not involve imprisonment, such as probation, community service, suspended sentences, fines and diversion, the subject of the Tokyo Rules.
Related terms
- Nelson Mandela Rules
- The United Nations Standard Minimum Rules for the Treatment of Prisoners, revised and renamed by the UN General Assembly in December 2015,...
- Soft Law
- A standard adopted by an international body, such as a General Assembly resolution, that carries persuasive and interpretive weight but is not...
- Tokyo Rules
- The UN Standard Minimum Rules for Non-custodial Measures, adopted by UN General Assembly resolution 45/110 in 1990, setting safeguards for probation, community...
- Beijing Rules
- The United Nations Standard Minimum Rules for the Administration of Juvenile Justice, adopted by General Assembly resolution 40/33 on 29 November 1985,...
- Best Interests of the Child
- The principle that a child's welfare and development, not only the offence or the process, should guide decisions affecting the child.
- Diversion
- Handling a child's case outside formal judicial proceedings, for example through caution, mediation or community-based measures, so that the criminal process itself...
- Riyadh Guidelines
- The United Nations Guidelines for the Prevention of Juvenile Delinquency, adopted by General Assembly resolution 45/112 on 14 December 1990, setting out...
- Solitary Confinement
- The confinement of a prisoner for 22 hours or more a day without meaningful human contact; the Nelson Mandela Rules cap it...
- Solitary Confinement Limits
- Rule 44 defines solitary confinement as 22 or more hours a day without meaningful human contact, and Rule 43 bans it once...
- Standard Minimum Rules for the Treatment of Prisoners
- The original 1955 instrument on prison conditions, adopted at the First UN Congress on the Prevention of Crime and the Treatment of...
- UN Convention on the Rights of the Child
- The binding 1989 treaty whose Article 37 and Article 40 state a child's rights in the justice process; the Beijing Rules and...
- UN General Assembly Resolution 45/110
- The resolution that adopted the Tokyo Rules on 14 December 1990.
Explained in these topics
- Beijing Rules and Riyadh Guidelines (Unit IX)Dispositions that do not involve institutionalisation, favoured under the Beijing Rules' position that placement in an institution should be a last resort.
- Nelson Mandela Rules and Tokyo Rules (UGC-NET Unit VII)Sanctions that leave the offender in the community, such as conditional discharge, probation, community service orders and suspended sentences, in place of imp...
- UN Standards for Offender Treatment: the Nelson Mandela Rules and the Tokyo Rules