Offender Recall for Non-Compliance in France and Fairness: An Analysis of ‘Sentences Implementation Courts’ Practices

Abstract

In France, sanctions for non-compliance with community sentences and early release measures are imposed by special courts devoted to the implementation of sentences: the Juge de l’application des peines QAP) and, for more serious cases, a three JAP court, the Tribunal de l’application des peines (TAP). Given that France is a written law country and not a common law country, courts are not allowed to create legal rules, laws or decrees that dictate what they can and cannot do. As a result, legal provisions expressly prescribe what constitutes non-compliance. Nevertheless, the special courts devoted to the implementation of sentences have considerable discretion. Previous research has shown that, in practice, these courts are very desistance and rehabilitation oriented. Therefore, they tend to be reluctant to activate the recall process except in cases involving serious non-compliance (such as reoffending, escape or repeat violations). The courts also tailor their reaction to the personal circumstances of the offender. To provide insights into the nature and impact of the compliance strategies employed by JAPs, the present chapter will draw, on the one hand, upon a large-scale research study that explored the professional culture of JAPs and, on the other hand, upon a smaller-scale research study that examined TAPs’ practices of recall.