ABSTRACT
This chapter looks at breach decision making as a collective multi-layered practice. Starting with a short overview of how discretion is conceptualised in the literature, we look at to what extent discretionary elements can be found in breach decision making, based on the information from the pilot studies of the different jurisdictions in this book. As we regard professionalism as an essential aspect of discretionary decision making, an aspect often argued to counterbalance arbitrary and ‘bad’ discretionary practices, the content of professionalism and the relationship between discretion, professions and professionalism in the context of breach decision making is discussed. We identify lay-persons as a specific non professional group in the breach decision making process of community service and as important gate keepers of a breach procedure. In general it can be concluded that breach decision making practices, despite the attempts to introduce more standardisation through the use of national standards or guidelines, are still characterised by a considerable amount of discretionary leeway and that in many countries a formal and/or informal narrative of second chances can be found.
