Practical measures and strategies

Minimizing the impact of the parents’ contacts with the criminal justice system on the children at the time of sentencing

Recommendation 19: The best interests of the child should be considered when dealing with offenders with parental responsibilities. Decision making at the time of sentencing can be improved by ensuring that the impact of the decision on the offenders’ children is considered. Minimize children’s separation from their parents in conflict with the law by limiting the use of imprisonment whenever possible and appropriate.

• Provide courts with accurate information about an accused’s family situation and the potential impact of sentencing and bail decisions on family members, including through a pre-sentence, Gladue or cultural impact assessment report.
• Introduce the use of children/family impact assessments or statements at the time of sentencing.
• Where a custodial sentence is being contemplated, take into consideration the rights and best interests of any affected child and a child’s right to have their views considered.
• Use alternatives to detention or community-based sentences, as far as possible and appropriate, especially in the case of a parent who is a primary caregiver.
• Ensure that non-custodial sentences take account of an offender’s parental responsibilities.

Practical measures and strategies

Working with the media and with public opinion

Recommendation 25: Provide the public, through the media and other means, with reliable and up-to-date data and good practice examples to increase their awareness regarding the children affected by parental imprisonment and their needs, and to prevent stereotyping and stigmatizing children with imprisoned parents.

Practical measures and strategies

Ensuring adequate funding

Recommendation 26: Provide sufficient resources to agencies and organizations to support children with imprisoned parents and their families to enable them to deal effectively with their particular situation and specific needs.