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Elena Larrauri (2019). Reducing Discretion in the Administration of Prison Leave: In Search
of Legitimacy. European Journal on Criminal Policy and Research,1-16. DOI 10.1007/s10610-
019-09424-4.

Abstract
This paper explains the institution of prison leave in Spain. Firstly, I will briefly describe the
regulations governing prison leave and provide data on its use in Spain. I will point out that
although half the prison population benefits from a prison leave, a main problem is that it is
granted at a very late stage of the sentence, and that immigrants have a very low probability of
obtaing it. Secondly, I will explain the criteria used in order to determine if a leave is granted,
the wide discretion that psychologists in particular enjoy, and why this procedure might be
experienced by the prisoner as unfair. Thirdly, I will describe the mixed system that allows
both Prison Boards and Judges to make decisions about leave and how this often produces
confusing results for prisoners. For instance, a positive prison report being followed by a
negative judicial response due to thewide discretion that judicial authorities also enjoy. Finally,
I draw some tentative conclusions about how a lack of clear criteria and procedure in relation
to prison leave might also affect legitimacy in prison.

Keywords Prison leave . Rights . Privileges . Discretion . Legitimacy