3
prevention or the promotion of respect for the law and the rights of victims. For the purpose of
deciding upon the appropriateness of discharge or determination of proceedings, a set of established
criteria shall be developed within each legal system. For minor cases the prosecutor may impose
suitable non-custodial measures, as appropriate.
6. Avoidance of pre-trial detention
6.1 Pre-trial detention shall be used as a means of last resort in criminal proceedings, with due regard
for the investigation of the alleged offence and for the protection of society and the victim.
6.2 Alternatives to pre-trial detention shall be employed at as early a stage as possible. Pre-trial
detention shall last no longer than necessary to achieve the objectives stated under rule 5.1 and shall
be administered humanely and with respect for the inherent dignity of human beings.
6.3 The offender shall have the right to appeal to a judicial or other competent independent authority
in cases where pre-trial detention is employed.
III. Trial and sentencing stage
7. Social inquiry reports
7.1 If the possibility of social inquiry reports exists, the judicial authority may avail itself of a report
prepared by a competent, authorized official or agency. The report should contain social information on
the offender that is relevant to the person's pattern of offending and current offences. It should also
contain information and recommendations that are relevant to the sentencing procedure. The report
shall be factual, objective and unbiased, with any expression of opinion clearly identified.
8. Sentencing dispositions
8.1 The judicial authority, having at its disposal a range of non-custodial measures, should take into
consideration in making its decision the rehabilitative needs of the offender, the protection of society
and the interests of the victim, who should be consulted whenever appropriate.
8.2 Sentencing authorities may dispose of cases in the following ways:
( a ) Verbal sanctions, such as admonition, reprimand and warning;
( b ) Conditional discharge;
( c ) Status penalties;
( d ) Economic sanctions and monetary penalties, such as fines and day-fines;
( e ) Confiscation or an expropriation order;
( f ) Restitution to the victim or a compensation order;
( g ) Suspended or deferred sentence;
( h ) Probation and judicial supervision;
( i ) A community service order;
( j ) Referral to an attendance centre;
( k ) House arrest;
( l ) Any other mode of non-institutional treatment;