2
2.7 The use of non-custodial measures should be part of the movement towards depenalization and
decriminalization instead of interfering with or delaying efforts in that direction.
3 . Legal safeguards
3.1 The introduction, definition and application of non-custodial measures shall be prescribed by law.
3.2 The selection of a non-custodial measure shall be based on an assessment of established criteria in
respect of both the nature and gravity of the offence and the personality, background of the offender,
the purposes of sentencing and the rights of victims.
3.3 Discretion by the judicial or other competent independent authority shall be exercised at all stages
of the proceedings by ensuring full accountability and only in accordance with the rule of law.
3.4 Non-custodial measures imposing an obligation on the offender, applied before or instead of formal
proceedings or trial , shall require the offender's consent.
3.5 Decisions on the imposition of non-custodial measures shall be subject to review by a judicial or
other competent independent authority, upon application by the offender.
3.6 The offender shall be entitled to make a request or complaint to a judicial or other competent
independent authority on matters affecting his or her individual rights in the implementation of noncustodial measures.
3.7 Appropriate machinery shall be provided for the recourse and, if possible, redress of any grievance
related to non-compliance with internationally recognized human rights.
3.8 Non-custodial measures shall not involve medical or psychological experimentation on, or undue
risk of physical or mental injury to, the offender.
3.9 The dignity of the offender subject to non-custodial measures shall be protected at all times.
3.10 In the implementation of non-custodial measures, the offender's rights shall not be restricted
further than was authorized by the competent authority that rendered the original decision.
3.11 In the application of non-custodial measures, the offender's right to privacy shall be respected, as
shall be the right to privacy of the offender's family.
3.12 The offender's personal records shall be kept strictly confidential and closed to third parties.
Access to such records shall be limited to persons directly concerned with the disposition of the
offender's case or to other duly authorized persons.
4 . Saving clause
4.1 Nothing in these Rules shall be interpreted as precluding the application of the Standard Minimum
Rules for the Treatment of Prisoners, the United Nations Standard Minimum Rules for the
Administration of Juvenile Justice, the Body of Principles for the Protection of All Persons under Any
Form of Detention or Imprisonment or any other human rights instruments and standards recognized
by the international community and relating to the treatment of offenders and the protection of their
basic human rights.
II. Pre-trial stage
5. Pre-trial dispositions
5.1 Where appropriate and compatible with the legal system, the police, the prosecution service or
other agencies dealing with criminal cases should be empowered to discharge the offender if they
consider that it is not necessary to proceed with the case for the protection of society, crime