Juvenile justice
This goal of this factsheet is to give a general overview of the situation of juvenile justice in the
Netherlands. It contains three chapters: Introduction, Facts and figures and Dutch policy.
Introduction
The objective of the Dutch juvenile justice system is to reduce criminal behaviour of young people.
The aim is to prevent the first offence and to avoid recurrence. The point of departure of the Dutch
system is that quick, effective and early intervention is needed. There is not one single risk factor
that leads to criminal behaviour; it is usually an accumulation of causes. Nevertheless, the younger
the offender the worse the outlook is for further criminal behaviour. Young offenders not only
commit more crimes, but also more serious ones. Young migrants are overrepresented in the
statistics.
Facts and figures
The Dutch government aims to reduce crime by 25% between 2002 and 2010. For juvenile crime,
this means a reduction by 10%. In The Netherlands, a number of facilities - such as ‘justice to young
people (in Dutch: Jeugd Terecht) and the Halt programme deal specifically with the implementation
of juvenile criminal law, which applies to young people aged 12 to 17 years. Juvenile sentencing is
historically largely pedagogic and corrective in nature. In the Netherlands, juvenile criminal law can
also be applied to 18 to 21 year olds if the Court decides that this is appropriate for the particular
offender, or if there were special circumstances relating to the crime. By the same rationale, 16 to 17
year olds may be subjected to adult law.
Dutch policy
One of recent policy developments in relation to juvenile justice is the programme ‘justice to young
people’ (in Dutch: Jeugd Terecht). The objective of this programme is to prevent first-time offending
and to reduce recidivism. Customization, effectiveness and chain cooperation are priorities in this
respect. Jeugd Terecht consists of concrete actions that are meant to contribute to a considerable
reduction in juvenile crime.
Halt programme
Children in the age of 12 to 18 years who commit a minor crime, can get an alternative punishment.
This is the so called Halt-measure. Children until the age of 12 years can be referred by the police to
the Youth Care Agency. Youth that are arrested by the police get a choice: either go to the justice
department or be referred to Halt. The Halt-measure is executed by the Halt Agency (in Dutch:
Bureau Halt) and is allowed to last no longer than 20 hours. The Halt-measure can consist of
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repairing the inflicted damage, assisting in public services, a learning activity or apologizing for bad
behaviour to the aggrieved person(s). Halt can also mediate in making an arrangement for the
inflicted damage. When the youth has successfully completed the Halt measure, they will not have a
criminal record.
In recent years, a new approach for children until 12 years in the case of light crimes has been set up.
In this approach, the police talks with the parents of the children and refers them to the Youth Care
Agency. This agency screens them on underlying problems and - if necessary - refers parents and the
child to a personalized, tailor made offer. In 2010 this approach is implemented step by step. More
information about Dutch youth care you can read in the factsheet.
The Dutch Minister of Justice wants to give the courts the possibility of imposing independent
exclusion orders, duty to report orders or contact prohibition orders on persons who cause a
nuisance repeatedly individually or as a group. The measure has a maximum duration of two years,
and can be effected immediately after the imposition. If the offender does not obey the order, he will
be put in detention after all, serving a minimum sentence of three days imprisonment as alternative
punishment for each offence. For subsequent offences the duration of the imprisonment as
alternative punishment can be extended by order of the court.
For more information on other aspects of Dutch youth policy, please visit the website
www.youthpolicy.nl. This website presents information on youth policy, practice and provisions in
the Netherlands and contains several factsheets. These factsheets cover a wide range of subjects –
from general information on the organization of youth policy in the Netherlands to more specific
themes and policy areas. It also includes useful addresses and links to relevant organizations for
children and youth (governmental and non-governmental) in the Netherlands.
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