RESOURCE MATERIAL SERIES No.

57

CURRENT ISSUES IN CORRECTIONAL TREATMENT AND

EFFECTIVE COUNTERMEASURES

Somboon Prasopnetr*

I. PRISON OVERCROWDING In many prisons, many inmates are

unemployed and have nothing to do.
Prison overcrowding is one of the major
issues currently faced by many countries
Proper classification and separation
in Asia and Pacific region. In Thailand,
cannot be practicable in an overcrowding
for example, nearly 200,000 inmates are
prison. If classification is to work properly,
in prisons with a total capacity of only
there must be some spare capacity in a
80,000 persons. A sharp rise in the inmate
prison so that inmates may be allocated
population occurred between 1996 and
according to their security rating and their
1999 when numbers doubled from 100,000
treatment needs. Thus, under the
to 200,000. Among today’s inmates, 25
overcrowding conditions it is impossible to
percent or 51,039 inmates are involved in
implement any effective ways of
court processes or petitioning appeals.
rehabilitation of inmates. The job of just
Another 11 percent are detained during the
keeping large number of inmates in prison
course of police investigations. Among the
is in itself occupies all the prison officers’
convicted inmates, 30 percent committed
time and energy. Furthermore, the wide
light offenses and have sentences of not
spread of contagious diseases in such
more than two years. Other countries in
circumstance is inevitable and the U.N.
Asia also have the same prison
Standard Minimum Rules cannot be
overcrowding problem, but may be
applied. These lead to the violation of
different on the degree of seriousness. In
human rights and dignities.
some countries in the Caribbean Sea, the
number of prisoners rose over 200 percent
Prison overcrowding also causes tension
while the number of those in Western
and stress among inmates. There are many
Europe is over 120 percent in recent years.
research studies supporting this notion.
Mccain et.al1, for example, indicated that
Problems as a result of prison
high degrees of sustained crowding have a
overcrowding have been numerous. Prison
wide variety of negative psychological and
overcrowding not only causes lack of space
physiological effects, including increased
and facilities to accommodate prisoners,
illness complaint rates, higher death and
but also a host of other problems for prison
suicide rates and higher disciplinary
administration. It causes strain on staff
infraction rates. Nacci et.al2 also revealed
and effective administration. It impedes
that high density is associated with high
the vocational training and other
rates of assaultiveness with the
correctional programmes. In some places,
relationship being strongest in institutions
inmates have to wait upwards for three
housing young adults.
months on a waiting list to be admitted into
educational or vocational programs
because the number of inmates is too great.
1 Q. Mccain, V.C. Cox and P Panlus, Effect of Prison
* Deputy Director-General, Department of Crowding on Inmate Behavior, University of Texas,
Corrections, Thailand. 1980.

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The causes of prison overcrowding is 3. Fines. This is another measure of

complicated and varies from nation to punishment which the court can use
nation. The fact is that more people have instead of imprisonment when it is
been sentenced to imprisonment but there deemed fit.
are not enough places in prison. This has
resulted in prison overcrowding. The 4. Probation. Under this measure, the
enormous number of people admitted to offenders will be released but they,
prison may be the result of an increase in have to follow the conditions fixed by
crime, war on drugs, effective police and the court and must be under the
prosecution operation, and tougher supervision of probation officers for
sentencing. In some countries there is an not less than 1 year and not more
unjustifiably large number of crime than 3 years.
categories, such as drugs, in the criminal
law for which long term imprisonment is a 5. S u s p e n d e d S e n t e n c e s o f
form of punishment. Thus, 60 percept of Imprisonment. In case the court will
the inmates population may be sentenced imprison the offenders for not more
for drugs related offenses. Moreover, the than 2 years, suspended sentences of
insufficient use of alternative forms of imprisonment may be used from 1 -
punishment which could be applied instead 3 years.
of imprisonment is another factor. In some
countries, if such measures have been 6. Commital to the Care of a Fit Person,
implemented, most judges still look toward In case the offender is less than 17
punitive forms of punishment by using years, the court may commit him to
imprisonment. the care of a person who is deemed
fit until he is 18 years old in order to
In the United Kingdom and the United avoid the bad environment which he
States of America, many non - custodial is confronting.
measures or alternatives to imprisonment
have been widely used, the details of which 7. Remission and Release on Licence or
are as follows: Parole. For those who are imprisoned
for more than 1 month (except those
1. Absolute and Conditional Discharge. who serve life sentences) they will be
This measure will be used for those eligible for release after 2/3 years of
who do not deserve to be punished or their sentences have been served.
to be put under probation. For Parole may also be granted by the
conditional discharge, the offender Parole Board to those who have
must not violate the conditions fixed already served 1/3 of their sentences.
by the court for not more than 3 years. But for those who serve life sentences,
the Minister of Home Office is
2. Binding Over. Instead of punishment empowered to grant parole after
the court may order the offenders to discussing with the Lord Chief
make a contract with a fixed amount Justice, the judge who considers the
of money which will be forfeited in case and the Parole Board.3
case they do not come to court on the
appointment. 8. Community Service. This measure
generally involves public service for
2 P. Nacci, H. Teitelbeaum and J. Prather, Violence nonprofit organisations. It usually
in Federal Prisons: The Effect of Population Density involves the performance of unpaid
on Misconduct, National Institute of Justice, 1977

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labor by the offender in an attempt and to work out a schedule detailing

to pay a debt to society, with their activities outside the center.
assignments ranging from cleaning Offenders are also required to
litter from roadsides and performing maintain frequent phone
lawn maintenance on government communications with center staff and
facilities, to janitorial work in to submit to random drug and alcohol
churches or schools, to building parks testing.
and playgrounds, reparing public
housing and serving as a volunteer 11.Residential Community Corrections.
in a hospital or rehab center. The These include halfway houses, pre-
communities undoubtedly benefit release centers, work furlough and
from the thousands of hours of free community work centers, community
labor, and the city government saves treatment centers and restitution
money by not having to jail some centers. Residents may live either
offenders. part-time or full-time at such centers,
depending on other conditions set
9. House Arrest, Home Confinement or forth by the court. These types of
Home Detention. This measure centers may be used as an alternative
requires the offender to remain to sending an offender to jail or prison
within the confines of the home or may be a transitional stop for
during specified times and to adhere offenders just released from
to a strict curfew. Additional incarceration, to determine if they are
conditions, such as restrictions on ready to return to society.4
visitors and the prohibition of drugs
or alcohol use may also be stipulated. Apart from the lack of front-end options
The offender is normally allowed to such as probation suspensions of
leave only for work and reasons such prosecution and other forms of alternatives
as grocery shopping, community to incarceration, the lack of back-end
service assignment and doctor options such as parole, pardon or sentence
appointments. However, the success remission is also another factor for prison
of house arrest programs has been overcrowding. The insufficiency or the lack
bolstered by the use of electronic of back-end option to release inmates from
monitoring devices which will prisons may be due to limited opportunity
enhance the level of supervision for early release or release on bail, or
directed toward each offender. substituting imprisonment for a more
Electronic monitoring uses telemetry lenient punishment. In Thailand, for
devices to keep track of an offender’s example, there are many restrictions for
whereabouts. parole application especially for those who
are drug traffickers. Royal Pardon cannot
10.Day Reporting Centers. These are be implemented as frequently as it used to
non-residential locations at which be. Part of the factors for this restriction
offenders must appear, daily to is the hardening attitude of the public
participate in programed activities including criminal justice personnel

3 Home Office The Sentence of the Court: A Handbook 4 Norman A. Carlson, Karen M. Hess and Christine
of Courts on the Treatment of Offenders, (Her M. H. Orthman Corrections in the 21st Century: A
Majesty’s Stationery Office, London, 1978) p.p. 9- Practical Approach, (An International Thompson
26 and p.p. 38-54 Publishing Company, U.S.A., 1999) p.p. 157-163

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towards crimes and offenders which is 2. Improve access to, and

reflected in the demands for the use of more co - ordination within, the
harsh punishment. criminal justice system
Increasing public access to the police,
The most easy solution to prison courts and prisons engenders public
overcrowding is obviously to build more confidence and transparency. Co-
prisons, but it is very expensive and is not ordinating and streamlining the work of
the right way to solve the problem. the criminal justice agencies assists both
However, many countries use this method efficiency and compliance with
by building more prisons year by year. international human rights standards.
Some countries may use similar methods
by converting unused facilities or 3. Invest in crime prevention and
expanding current prisons in order to have crime reduction
more capacity. It is not surprising that Problem solving partnerships between
more and more prisons have been built in the police, other public agencies, businesses
Asia and the Pacific for the past decade. and communities can produce effective
This solution presupposes the notion that plans to reduce the risk factors which lie
the institutional treatment of inmates is behind much crime drug misuse, family
the only effective measure to solve the difficulties, school failure, unemployment.
crime problem. But it has been long proved
that this is not true. The more we built 4. Divert minor cases from the
new prisons, the more imprisonment will criminal justice system
be used. In order to alleviate the problem, Many cases can be effectively dealt with
more alternatives to incarceration must be outside the formal criminal justice system.
used, especially for those who are first time
offenders or commit minor offences. 5. Reduce pre-trial detention
Moreover, bail should be granted more for In some countries as many as 75% of the
unconvicted offenders and imprisonment prison population may be awaiting trial.
must be used as the last resort and for those Alternatives such as bail and regular
who are habitual or professional criminals reviews of cases can reduce pre - trial
only. detention.

At the Tenth United Nations Congress 6. Develop constructive alternatives

on the Prevention of Crime and the to custodial sentences
Treatment of Offenders in Vienna on April Courts need sentencing options that are
2000, the Penal Reform International effective and not just a ‘soft option’: without
Organisation introduced a 10 point plan to alternatives, imprisonment as a
reduce imprisonment. These points were punishment of ‘last resort’ becomes
as follows: commonplace.

1. Inform public opinion 7. Reduce sentence lengths and

Increasing use of imprisonment is often ensure consistent sentencing
blamed on public demand for punishment. practice
Yet the public are often misinformed about Sentencers need guidance to deter
how the system operates and will support inconsistent sentencing practices.
effective non-custodial measures.

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8. Develop, special arrangements probation or other measures of community

for youth offenders that keep - based corrections should be implemented.
them out of prison
Children in conflict with the law (under In sum, the problem of prison
18) should be diverted from the criminal overcrowding can only be alleviated by
justice process. A term of imprisonment using more alternative measures to
should be strictly a measure of resort and incarceration especially for those who are
for the shortest appropriate period of time. not habitual or professional criminals.
Building more prisons is not an answer to
9. Treat rather than punish drug the problem. In this connection, the
addicts and mentally disordered amendment of the law to require judges to
offenders use such alternatives in case there is no
Courts should be able to order treatment exception is necessary especially in some
for those whose crimes are often committed countries where judges are prone to use
to feed their addiction. Prison is not a only imprisonment as a main measure of
suitable institution for mentally ill people. punishment. Furthermore, making the
courts responsible for speedy trial and
10. Ensure the system is fair to all expanding various forms of alternatives to
Imprisonment impacts imprisonment is also recommended.
disproportionately on the poor, the Lastly, the public should be well informed
dispossessed and minorities who face of the disadvantages of short-term sentence
discrimination outside. Monitoring should which will have bad effects on the offender
take place at every stage of the criminal rather than good ones. He has to lose his
justice system to ensure that job, social status and family. Morever, he
discrimination does not take place and that may have the tendency to commit more
the efforts to reduce imprisonment crimes in the future as a result of having
suggested in this plan are made in respect an opportunity to learn the criminal career
of all members of the community. from his friends during incarceration. In
this connection, the public should be
In my opinion, the first recommendation informed of the advantages of community-
on informing public opinion is very based correction which have lower costs
important. The public’s demand for harsh than incarceration while the offender’s
punishment leads to longer sentences work, social status and family are not
imposed by the courts and opposition to any contaminated. This will reduce the public
kind of leniency in punishment. Thus, attitude of using only imprisonment in
imforming the public about the advantages some countries.
of non-custodial measures is necessary.
However, recommendations concerning co- II. IMPROVEMENT OF PRISON
operation from, the courts to reduce pre- CONDITIONS
trial detention and to use more alternatives
It is recognized that inmates are human
to prisons may long be expected in some
beings and they deserve to be treated with
developing countries. On the other hand,
dignity and respect so that they can be
a law is needed to provide sentencing
resocialized to become more responsible
options for non-custodial measures and to
people. In this respect, the improvement
require judges to use such alternatives
of prison conditions is very important for
unless there is an exception according to
the rehabilitation process of the inmates.
the law. Short term sentences should not
Overcrowding, lack of hygiene, un-sanitary
be allowed to be imposed on inmates, rather

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conditions, HIV and other infectious segregate them. This problem also affects
diseases, should not prevail in the prison. both institutional management and official
Inmates should be ensured the adequacy satisfaction. Thus, under these
of medical and other services should be the circumstances any standards cannot be
same as outside including living condition. applied.
Furthermore, they should be provided with
individual assistance and opportunities to The social context is also important. For
develop their own potential with a view to example, prison officials are generally
reintegrate as normal citizens. Therefore, affected by the public, social and political
contacts with the outside world are an attitude. Particularly in the developing
essential part of their reintegration into countries where aggressive feeling still
society. prevails in the community, the group of old
and unprogressive prison staff are mostly
Many countries in Asia and Pacific affected. It is impossible to pension them
Region are now confronted with the issue off and to recruit young progressive ones.
of prison conditions. Prisons in these The idea of arranging training courses for
countries have been built for many years the old guards to assume new roles in
and usually are overcrowded. Thus, prison progressive prison administration is found
conditions in many countries in this region uneffective. Therefore, the aim to promote
continue, to fall short of the United Nations progressive treatment following the
and other acceptable standards. These Standard Minimum Rules will need a
problems are the main obstacles of the rather long time to achieve. The
fulfillment of the Standards. administrators of prisons have to accept
means of gradually helping old staff to
The United Nations Standard Minimum pension off sooner and to replace them with
Rules for the Treatment of Prisoners new young progressive recruits.
constitute a landmark in the process of
prison condition reform. They have had a Related to the problem of overcrowding
significant impact on the law and practices is the lack of financial resources of many
of many countries in the regions. However, countries to upgrade the prison conditions.
there are some problems related to the The lack of financial resources to build a
implementation of the U. N. Rules. new and modern prison to replace the old
one. There is also a lack of funds to
The major problem is overcrowding. facilitate the implementation of modern
Prisons in Asia, in general are overcrowded. correctional programs.
This issue directly affects the prison
condition and the implementation of the The fourth problem is the
U.N. Rules. When more people are being implementation of the U.N. Rules which
sentenced to imprisonment accompanied may be too expensive. In many countries,
by a decrease in the number of places in not all of the Rules are applicable in all
prison, the result is prison overcrowding places and at all times because of the great
and a deterioration in living conditions in variety of legal, cultural, geographical
prisons. Overcrowding may contribute to conditions and wealth. It seems to me that,
higher levels of violence and increase if the Rules are too expensive, it is difficult
spread of illness such as AIDS, for the poor countries to implement. In
Tuberculosis and other infectious diseases. these countries the U.N. Rules may be
Classification of prisoners cannot be overlooked owing to the shortage of budget
carried on because there are no places to to improve the living standards of inmates

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and also to build standard prisons. Under Government of each country as a

this circumstance, the implementation of major problem of development, In
any standard rules cannot be expected. this connection, financial support
Prison is only the place to detain criminals should be granted to the concerned
while deteriorated living conditions are organisations for such matters. In
neglected. most developing countries, prison or
correctional work has been neglected
The most important problem for the U.N. or regarded by the Government as
Rules implementation is the lack of least important. This will surely
mechanisms to encourage and enforce impede the improvement of prison
country members to follow. It has only conditions since the budget will not
paper - based reporting mechanisms which be allocated.
are not effective. Thus, every country
should be encouraged to have supervisory 4. Since the U.N. or other standards
mechanisms and regular inspection at may not be suitable for all countries
national and local levels. Such according to the difference in legal,
mechanisms should be used by both cultural, geographical conditions and
governmental and non - governmental wealth as having been stated above,
organizations. all countries should have their own
suitable standards by using the U.N.
From my conclusions, prison conditions and other standards as the
are very important for prisoners’ framework. In fact, we cannot deny
rehabilitation and human rights. They that there is no unique standards
should be treated as normal persons, so which can be used by all countries in
their living conditions must not be different the world.
from those outside. To achieve the
objective, many problems have to be 5. I n o r d e r t o e n s u r e t h e
eradicated. implementation of such standards or
the improvement of prison conditions,
1. The problem of prison overcrowding all countries should be encouraged to
must be solved by using more non - have supervisory mechanisms and
custodial measures or alternatives to regular inspection by both
imprisonment or community - based governmental and non-governmental
corrections especially for those who organisations at national and local
are not habitual or professional level. The inspection organisations
criminals. should be independent and can
inspect at all times without informing
2. The U.N. Standard Minimum Rules beforehand. After the inspection, a
for the Treatment of Prisoners and report should be submitted to the
Related Recommendations and other related organisations for their
Standards should be trained to all remedies. Opening prisons to
prison staff including the inspection and outside scrutiny
administrators and the new recruits promotes transparency and
in order to gain cooperation for the accountability and so better ensures
implementation as much as possible. that prison rules are put into practice
and that prisons are safer places for
3. The improvement of prison conditions all concerned.
should be regarded by the

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III. FOREIGN PRISONERS AND exclusively for members of European

PRISONER TRANSFER TREATIES states, that participate. The Organization
of American States (OAS) Prisoner
Foreign prisoners incarcerated in other
Transfer Treaty is another example that
countries, is now becoming one of the most
involves all countries in the North and
crucial issues facing correctional
South American continent. This treaty is
administrators all over the world. The
different from other treaties in that the
increasing tourism industry, migrating for
initial request for transfer can be started
job opportunities, and the changing
by either the sentencing state, or by the
economic and political regime have
administering state.
increased the number of people travelling
and working abroad. As a result, the
The oldest cooperation in the
numbers of people involved in crime related
enforcement of foreign penal judgement
to drugs, illegal entry, credit card fraud etc.,
was among Arab countries. However,
have increased sharply. These offenders
prisoner transfer treaties among them
are arrested and incarcerated abroad and
entered into force in 1985.
have to face cultural differences as well as
unfamiliar food and living conditions in
The Arab prisoner transfer treaty does
foreign prisons. Moreover, they frequently
not require the consent of the sentenced
face the difficulties in communication with
person for this transfer. The transfer is
prison officers and other prisoners as well
allowed if the following conditions are met;
as lack of qualified lawyers and inadequate
a) the sanction imposed involves
medical care. Foreign prisoners, on the
deprivation of liberty, the minimum
other hand, cause economic and
term of which, to be served is no less
administrative burdens for prison
than six months;
administrations in many countries.
b) the penalty has been imposed for an
offence for which extradition may not
One of the most effective methods to
be granted;
solve the problem of foreign prisoners is the
c) the offence is punishable in the
prisoner transfer treaty. Although the
prisoner ’s home country with
treaty itself does very little in solving the
imprisonment of no less than six
problem of prisoners while they are in
months;
foreign countries, it does allow these
d) both the sentencing and enforcing
prisoners to return home to serve the rest
states agree to the transfer5
to their sentences. At present, there are
many countries engaged in these treaties,
Perhaps the biggest number of countries
both by multilateral and bilateral treaties.
involved in prisoner transfer treaties is the
prisoner transfer treaty of the British
A. Multilateral Treaties
Commonwealth countries. This treaty
For multilateral treaties, a group of
links upwards of 35 countries in all parts
countries join together to make an
of the world. The prisoner transfer treaty
agreement on transfer of prisoners. They
among African countries involves 15
agree to follow the same conditions and
countries. Although the treaty provides for
procedures. There are many groups of
the extradition of both accused and
countries participating in multilateral
treaties on transfer of prisoners. The 5 Richard D. Atkins (ed) Prisoner Transfer Treaties:
Council of Europe Prisoner Transfer Treaty A Practical Guide, International Legal Defense
is an example. It has many countries, not Counsel, Philadelphia, Pennsylvania U.S.A. 1995

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convicted offenders, it is also applied to the prisoner transfer is based on:

transfer of prisoners. 1. A person sentenced in the territory
of one party may be transferred to the
B. Bilateral Treaties territory of another party.
In case there is no available multilateral 2. A transfer of prisoners should be
treaty, individual countries have to effected in cases where the offense
approach other countries for negotiating giving rise to conviction is punishable
bilateral treaties. Thus, conditions and by deprivation of liberty by the
procedures for transferring prisoners of judicial authorities of both the
each country may differ from another transferring state and receiving
treaty depending on the negotiation of the state.
parties. Thailand, for example, has 3. The offender is not sentenced in
negotiated separate treaties with many respect of an offense under the law
countries. Each treaty is unique. The first of Thailand:
treaty of prisoner transfer between 3.1 against the internal or external
Thailand and the U.S.A., was signed on security of the state;
October 29, 1982 and became effective 3.2 against the monarch, his consort
afterwards. Today, Thailand has already or his sons or daughters; or
signed treaties with many countries. The 3.3 against legislation protecting
treaties that have been ratified and come national art treasures.
into effect are the treaties with these 4. The sentence imposed on the offender
respective countries: is one of imprisonment, confinement
or any other form of deprivation of
France ; effective in 1985. liberty in any institution.
Spain ; effective in 1987. 4.1 for life;
Canada ; effective in 1988. 4.2 for an indeterminate period on
United States account of mental incapacity, or;
of America ; effective in 1988. 4.3 for a fixed period of which at least
Italy ; effective in 1990. one year remains to be served at
Sweden ; effective in 1990. the time of the request for
Great Britain ; effective in 1991. transfer.
Finland ; effective in 1992. 5. The offender has served in the
Portugal ; effective in 1994. transferring state any minimum
Austria ; effective in 1994. period of imprisonment, confinement
Germany ; effective in 1996, or deprivation of liberty stipulated by
Poland ; effective in 1999. the law of the transferring state; (For
Denmark ; effective in 2000. life sentences, he has to serve 8 years
and for other sentences, he has to
To d a t e , 2 3 0 f o r e i g n p r i s o n e r s serve 4 years)
incarcerated in Thai prisons were 6. The judgment is final and no further
transferred to their home land, and 5 Thai legal proceeding relating to the
prisoners were transferred back to carry offense or any offense is pending in
out their sentences in Thailand. the transferring state;
7. The transferring and receiving states
According to the Thai Legislation of and the offender all agree to the
Procedure for Cooperation between States transfer. In transfering the prisoner,
in the Execution on Penal Sentences. B.E. all expenses will be met by the
2527 (1984), the general principle of receiving state.

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C. Problem of Prisoner Transfer not to apply. Secondly, it is probable that

Treaties in some cases the period already served in
There are many advantages of prisoner the foreign country will be equal to or
transfer treaties. First, they facilitate the greater than the converted sentence in the
social reintegration of the prisoner by home country with the result that the
permitting persons convicted of a crime in transferred prisoner would be immediately
one country to return to complete their released. This is likely to undermine
sentence in their familiar living and confidence in the integrity of the transfer
cultural conditions. Prisoner transfer scheme and may even be seen as
treaties also remove an economic and interfering with, or criticising, the criminal
administrative burden for prisons in many justice system of another country.6 While
countries. Taking care of foreign prisoners there are some difficulties related to the
causes a lot of prison administration implementation of the treaties, prisoner
problems in term of communication with transfer treaties bring about international
prisoners and provision of food and medical cooperation and understanding and should
care. Prisoner transfer treaties, however, be promoted to expand to countries
have some difficulties in implementing. worldwide.
This is due to the difference between the
law and penal sanctions of the participated Bibliography
countries. Some sentencing states, for 1. Australian Institute of Criminology,
example, may have severe punishment for Trends and Issues in Crime and
drug offences while the administering state Criminal Justice, Canberra, 1992.
has less severe punishments. In such 2. Home Office, The Sentence of the
cases, prisoners may be transferred to Court: A Handbook of Courts on the
administering countries just simply to be Treatment of Offenders, (Her Majesty’s
released earlier because the receiving state Stationary Office, London, 1978)
is empowered to enforce the rest of the 3. Norman A. Carlson, Karen M. Hess and
sentence according to its law. For example, Christine M.H. Orthman, Corrections
a prisoner in the U.S.A. will be eligible for in the 21 st Century: A Practical
parole after 1/3 of his sentence has been Approach, (An International Thomson
served while in Thailand he has to serve Publishing Company, U.S.A., 1999)
2/3 of his sentence. In another case, 4. P. Nacci. H. Teitelbeaum and J. Prather,
prisoners were transferred to convert the Violence in Federal Prisons: The Effect
sentence term in court of the administering of Population Density on Misconduct,
countries. The Council of Europe suggests (National Institute of Justice, U.S.A.,
that if the sentence imposed was longer 1997)
than or different in nature from the 5. Q. Mccain, V.C. Cox and P. Paneus,
sentence which could be imposed for the Effect of Prison Overcrowding on
same offence in the home country, it would Inmate Behavior, (University of Texas,
be adapted to the nearest equivalent 1980)
sentence which was available under the 6. Richard D. Atkins (ed.), Prisoner
law in the home country without being Transfer Treaties: A Practical Guide,
longer or more severe than the original (International Defense Counsel,
sentence. Two potential difficulties can be Philadelphia, Pennsylvania, U.S.A.,
seen with this approach. Firstly, the 1955)
foreign prisoner will not know the length 6 Australian Institute of Criminology, Trends and
of his sentence until transfer and therefore Issues in Crime and Criminal Justice, Canberra,
may find it difficult to decide whether or 1992 p.p. 3-4

323