The Juvenile Justice System in the Netherlands

THE JUVENILE JUSTICE SYSTEM IN THE NETHERLANDS Boyko Boev, Attorney at Law Bulgarian Helsinki Committee

CONTENTS THE JUVENILE JUSTICE SYSTEM IN THE NETHERLANDS ...................................................1 CONTENTS...............................................................................................................................1 I.Introduction..................................................................................................................................1 II.General information....................................................................................................................2 1.Basic characteristics of the juvenile justice system...............................................................2 2.Legal bases of juvenile justice...............................................................................................3 3.Methods of achieving justice for juvenile offenders...............................................................3 3.1 Civil law (social) intervention .........................................................................................3 3.2Criminal law intervention in cases of juvenile offenders .................................................5 4.Characteristics of punishments..............................................................................................6 5.Characteristics of referral to juvenile treatment centers........................................................9 III.Criminal procedure..................................................................................................................10 1.Case examination.................................................................................................................12 2.Statutes of limitations...........................................................................................................13 3.Criminal Records..................................................................................................................13 4.Arrest and detention of juveniles..........................................................................................14 IV.Bodies and services dealing with juvenile offenders..............................................................14 1.Child Protection Board.........................................................................................................15 2.The police.............................................................................................................................16 3.Halt Bureaus.........................................................................................................................17 4.Court.....................................................................................................................................18 5.Defense counsel...................................................................................................................19 6.Service for probation and after care ....................................................................................19

I. Introduction

T

his report presents the juvenile justice system 1 in the Netherlands. This particular national system is interesting because it is considered to be one of the most progressive systems in the world. The Netherlands successfully applies the international principles of juvenile justice and implements effective measures with respect to juvenile offenders.

1

In this report the term “juvenile” will be used to refer to persons under the age of 18. It will be used as a synonym for “children”.

1

The subject of this study includes a review of both the traditional criminal approaches to juvenile justice and their alternatives. The former include the seeking of criminal responsibility from juvenile offenders, while the latter approaches rely instead on community (social) intervention to provide care and protection for the children or measures designed to make amends when social relations have been undermined.

This report is part of the project “Education in Juvenile Justice” of the Partners-Bulgaria Foundation. This project is working toward the cooperation of local authorities in the imposition of diversion measures for juvenile offenders. Specifically, it works with the Juvenile Delinquency Commissions in the cities of Lom and Vidin.

The aim of this report is to discover the character of alternative approaches to juvenile crime prevention and justice in the Netherlands, and in this way to pave a path toward more humane and more effective justice for juvenile offenders in Bulgaria.

The author is grateful to the Open Society Foundation – Sofia, which made possible his travel to the Netherlands, where he gained first-hand knowledge of the Dutch bodies of juvenile justice and their practices.

II. General information 1. Basic characteristics of the juvenile justice system

I

n the Netherlands the system of juvenile justice differs from the one for adults because of its specific principles and the means for its implementation. The basic characteristics of the juvenile justice system are: 1. Specialization of the bodies dealing with its implementation These include judges, prosecutors, police officers and services (the Child Protection Board, the services for probation and post-institutional care, the HALT bureaus, and the Agency for Family Supervision).2 2. State participation in the funding of the activities of all bodies engaged with the execution of juvenile justice; 3. Professionalization of the personnel engaged with the execution of juvenile justice.

These people work full time and are paid for their activities; 4. Cooperation among individual bodies and between these bodies and society at large.

This cooperation manifests itself in the joint determination of policies and practices against juvenile crime and their implementation with the participation of society; 5. Diversion from the traditional criminal justice Criminal responsibility is sought in some particularly severe cases, but only after all other possibilities for alternative community-based measures and social rehabilitation have proven unsuccessful; 6. Independence and discretion of local bodies dealing with juvenile justice These bodies can determine their own policies for fighting juvenile crime at the local level and choose appropriate alternative sanctions; 2

Whether these specialized bodies will handle juvenile cases exclusively depends on the regional organization.

For example in some districts prosecutors do both juvenile and adult cases.

2

7. Respect of the juveniles’ rights and interests in cases of state or community intervention This principle manifests itself in the guarantee of the juvenile’s own participation in all procedures that affect him, in the divergence from the seeking of criminal responsibility if the juvenile offender and his parents agree, and in the implementation of specific alternative sanctions and rehabilitative measures for juvenile offenders.

8. Pedagogical approach to children in conflict with law The pedagogical approach to children in conflict with law is the most important reason for juvenile justice. Juvenile justice makes it possible to impose measures that are helpful to child’s development.

2. Legal bases of juvenile justice Juvenile justice is executed according to the rules and through the bodies specified in the Children’s Rights Act3 and the Criminal Code and the Code of Criminal Procedure of the Netherlands. Aside from the laws, there are instructions by the office of prosecution, which are designed to help the various local bodies follow the same approaches in providing justice.

3. Methods of achieving justice for juvenile offenders Depending on whether the norms governing state intervention are found in civil or criminal laws, this intervention may be of two types. One can speak of civil law (social) intervention and/or criminal law intervention to execute juvenile justice.

3.1 Civil law (social) intervention This intervention follows the procedures for children with social, educational, somatic or family problems and so on set out in the Children’s Protection Act. If it is established that a juvenile’s illegal behavior is due to problems of such type, the bodies responsible for the administration of juvenile justice are required to take civil law measures for the child’s protection, despite the crime committed. These measures may include court limitations on certain parental rights or revocation of parental rights altogether, the temporary or permanent family supervision, or temporary placement in an institution. The placement in an institution can only be imposed together with temporary supervision, with parental rights limited and with parental rights revoked and NOT as a separate measurement.

In many cases, these civil law measures are taken together with additional disciplinary measures for the child.4 Civil law (social) intervention in the administration of juvenile justice is implemented with the cooperation of the Child Protection Board (details about this Board are found below on page 16), and is detailed in the chart in Appendix 1. 5

3

This Act is part of the Civil Code.

This information was provided by Mrs. Potter, the prosecutor for juvenile cases in the Den Bosch prosecutor’s office, in an interview with the author on 21 January 2001.

4

5

The chart is from Belia Haasbroek, Juvenile Justice in the Netherlands, Presentation for the representatives of the Lithuanian republic on February 24, 1999.

3

Appendix 1 Civil law (social) intervention in cases of juvenile offenders A juvenile commits a criminal act or behaves in an illegal or anti-social manner as a result of his parents’ abuse or neglect of him

Signal: from the school, the police, relatives, or a third party

Voluntary help

Report to the Child Protection Board

Investigation

Court decision

Case is sent to a judge

Recommendation or information

Judge’s decision

Temporary supervision

Oversight by the Council

No action taken

No action

Supervision

Parental rights limited

Parental rights revoked

Child placed in an institution

Oversight by a representative of the Agency for Family Supervision

4

3.2 Criminal law intervention in cases of juvenile offenders Criminal law intervention in cases of juvenile offenders is regulated primarily by criminal law.

Since 1995 juvenile criminal law has been characterized by diversion from the traditional criminal justice and by the use of community-based disciplinary measures and alternative sanctions.

3.2.1 Scope of criminal law for juvenile offenders In the Netherlands children over the age of 12 are criminally responsible. The Criminal Code and the Code of Criminal Procedure include special regulations dealing with the responsibility of children between the ages of 12 and 18. The main reason behind this distinction between juveniles and adults stems from an understanding that the first should not be treated as criminals, and that criminal responsibility should be sought from them only in the most severe of cases.

The law specifies criminal responsibility depending on the age of the offender. Thus for children between the ages of 12 and 16 only the special regulations in the Criminal Code are used, while children between the ages of 16 and 18 can be subject to the general regulations, as well. This depends on the character of the offender, the circumstances under which the crime was committed, and the social dangers presented by the act. Until the Criminal Code was changed in 1995, all these requirements had the same meaning and weight in determining the degree of responsibility that would be sought from the offender. The changes led to an increase in the weight of the factor dealing with danger to society. They also led to the application of general regulations only in cases of major crimes.6 3.2.2 Legal consequences of criminal behavior by juveniles under the special criminal regime for juveniles According to the special criminal regime for juveniles, juvenile offenders may be sentenced to the following punishments provided for adults: 1. fine; 2. learning/working sanctions; or 3. imprisonment7.

Working and learning sanctions include: 1. unpaid community service; 2. work to compensate for damages caused; 3. mandatory attendance at specialized courses (learning schemes).

Additionally to the above punishments the court may also impose disciplinary measures such as: 1. confiscation of illegally obtained belongings; 2. placement in a juvenile treatment center; 6

The special criminal regime for juveniles may be used for adults, as well, if the character of the offender or the circumstances of the case suggest it.

7

Originally the Dutch Penal Code provided two punishments for juveniles: detention and fine. An amendment to the law of 2001 added “the learning/working sanctions” as new type of punishment. Prior to the amendment these sanctions existed as alternative to imprisonment.

5

3. compensation for damages; 4. revocation of ill-gotten gains.

Of all the disciplinary measures, only one is used exclusively in cases of juvenile offenders – placement in a treatment center. This measure is possible in cases in which the juvenile needs special psychiatric treatment or other care for his development.

The bodies administrating justice have discretion to choose the measure or sanction in every case. Their decisions, however, must be in accordance with the principles of rehabilitation for juvenile offenders and of making amends when social relations have been undermined.

Several sanctions and disciplinary measures may be used at once. However, it is not possible to apply both effective incarceration for up to 3 months and a learning/working sanction or two punishments for the same offense.

4. Characteristics of punishments The punishments stipulated in the Criminal Code may be applied only in serious cases of illegal behavior, such as the commission of a major crime, and/or when alternative sanctions and disciplinary measures have proven unsuccessful. The law specifies both the length of the sentences and the ways that they should be executed.

4.1. Incarceration The punishment of juveniles with incarceration is generally stipulated for serious crimes, i.e. for crimes that carry a punishment of over 4 years’ imprisonment for adults. Young people who have not yet turned 16 at the time of the crime may be sentenced to a maximum of one year in prison. For offenders between the ages of 16 and 18, the maximum sentence is 2 years in prison.8 When the punishment of incarceration is necessary for more than 6 months, a report must be obtained from a psychologist, who is required to meet the child in person. The length of a juvenile offender’s sentence is reduced by the amount of time he/she has spent in detention while awaiting trial.

At any time the judge may conditionally suspend a sentence in part or in whole. When an offender turns 18 the prosecutor or the convicted juvenile may ask for the sentence to be converted from the punishment applied under juvenile law to a punishment in accordance with the regulations of general criminal law. In this way, incarceration may be converted to unpaid community service or to a monetary fine, for example.

According to the Children and Youth Care Act, the punishments for juvenile offenders may be served in state or private institutions. Although the Ministry of Justice is responsible for determining the place where the sentence should be served, the judge in the case, the parents, and the Child Protection Board may also state their opinions on this question.

According to the regulations for institutions of juvenile detention in force since 2000, the Ministry of Justice directs all detention facilities. Two categories of detention facilities exist for juveniles: places of imprisonment and treatment centers. There are a total of 19 such 8

In 1997 the average juvenile offender sentenced to incarceration spent 72 days in prison. In 1998 the average was 75 days. Facts and Figures, April 2001, Ministry of Justice, Dutch National Agency of Correctional Institutions.

All the data below are from the same source.

6

institutions in the country. Although they are divided by type, there are 5 institutions that combine places of imprisonment and treatment centers.

In 2000 1,604 people worked in juvenile detention institutions in the Netherlands. In 1998 3,803 juveniles were placed in these institutions for various lengths of time, and in 1999 4,119 juveniles were placed in them. Of these juveniles, 497 and 588 were convicted in 1998 and 1999 respectively. Nearly 90% of the juvenile detainees were boys. Most of them had committed offenses related to the use of violence. The next most common offenses were related to crimes against property.

The ratio of facility personnel to detained juveniles is specified by law and must be 2.1:1. The 1999 budget for juvenile detention institutions was just over 150 million Euros, of which private institutions received 10 million Euros more than public ones.

The Council for the Execution of Criminal Law and Youth Protection oversees juvenile detention institutions. The Council is an independent organ comprised of prominent members of society – physicians, lawyers, prosecutors, and others. The Council’s members visit institutions and consider complaints from the people placed in them. There is a central board and several regional councils. The central board considers complaints about the actions and reports of the regional councils. Complainants may also lodge complaints with the national ombudsman.

4.2 Fines According to the law, fines are imposed in cases of offenders who made illegal monetary gains through their offense or who caused material damages. Additionally, this punishment is considered appropriate for offenders who work. The judge determines the size of the fine, which may be from 2.5 to 2,500 Euros. When determining the amount of the fine, the judge must keep in mind the offender’s financial situation, since it is the juvenile himself/herself, and not his parents, to must pay the fine. The judge may also provide for the fine to be paid off in installments. In this case the entire fine must be paid off within a maximum period of 2 years.

If a fine is imposed and not paid, the judge may decide to convert the punishment to imprisonment for a period of one day to three months. Each day served in prison is the equivalent of paying off 13 Euros of the fine. At any time, the offender may end the term of his detention by paying off the entire amount of the remaining fine. He may also request that the punishment be converted to a working/learning sanction.

4.3. Learning/working sanctions Learning/working sanctions must be aimed at the rehabilitation of the juvenile offender and at making amends for the societal relations that have been undermined. The law stipulates that the offender himself/herself should suggest an appropriate length and type of sentence. The learning/working sanctions may last no more than 200 hours. If more than two sanctions are imposed simultaneously the total sentence for all of them may not last longer than 240 hours.

The Criminal Code stipulates the following three sanctions for juvenile offenders: 1. Unpaid community service; 2. Work to compensate for damages caused;

7

4.3.1. Unpaid community service The Child Protection Board is responsible for finding community service activities for juvenile offenders. The activity must instill in the young person a sense of responsibility for the damages that he has caused and for the consequences of his crime. The type of community service activity must serve some societal need and must educate the juvenile in some way.

Some examples of community service activities performed by juvenile offenders include: helping out in homes for the elderly, hospitals, recycling centers and cleaning and gardening in public parks. Sixty percent of juvenile offenders are sentenced to the sanction of unpaid community service.9 4.3.2. Work to compensate for damages caused When this sentence is imposed, the character of the relationship between the crime and the damages must be made very clear. For example, if the juvenile is convicted of painting graffiti, he would be sentenced to cleaning up graffiti.

4.3.3. Specialized courses (learning schemes) Specialized courses last up to six months depending on their subject. The courses are held by municipal youth centers, and their programs are approved by the Child Protection Board. The goal of these specialized courses is to provide the juveniles with practical and social skills through group and individual treatment. Depending upon the character of his/her crime, a juvenile must attend certain courses provided in the municipality in question. 10 The activities may occur either inside the youth center or outside of them, or during excursions outside the city. The most common courses are: - Course for recognizing the damages caused to a victim This course is appropriate in cases of robbery and theft and in cases when bodily harm has been caused. The aim of the course is for the juvenile offenders to understand and think about the consequences of their actions for the victims and for society. The victims are not present at during the program.

- Sexual education course This course is for juvenile offenders who have committed sexual abuse for the first time. The aim of the course is to provide the juveniles with a good understanding of their own and others’ sexuality.

- Course for developing social skills and good habits This course aims to facilitate positive relations between juveniles and other people.

After a juvenile has performed the sanctions, the Child Protection Board prepares a report. If the juvenile receives a positive evaluation, the prosecutor suspends the legal proceedings at this point. Otherwise, the prosecutor sends the juvenile to court, where criminal responsibility

9

Data from Mr. F. van de Rejt, the judge in the Den Bosch juvenile court, obtained in an interview with the author on 22 January 2002.

10

According to data from the Juvenile Treatment Center in Den Bosch, these learning schemes are successful in 70% of cases.

8

will be sought. The court may also impose alternative sanctions to the juvenile, but they will be harsher.11 5. Characteristics of referral to juvenile treatment centers Placement in a juvenile treatment center is the most serious disciplinary measure available under juvenile criminal law in the Netherlands. 12 This placement aims at the improvement of the conditions in which young people grow up, and it involves intensive therapeutic treatment.

Placement in a center may occur under the following conditions, all of which must be present: - It must be impossible to sentence the juvenile to imprisonment for the crime that has been committed; - The measure must be necessary to ensure public safety or the safety of third parties; - The measure must be necessary for the future development of the juvenile offender.

Placement in a treatment center is possible under civil law, as well, when the offender needs psychiatric treatment. This measure is very serious, and is taken only in cases where the juvenile’s placement in his/her own family, with relatives, in a foster family, or in a social home is for some reason not appropriate.

The judge may order placement in a juvenile treatment center only after hearing opinions by two different experts, for example a pedagogue and a psychologist. The original sentence may be two years long. The prosecutor may request to extend the sentence to four years if the juvenile’s crime resulted in serious bodily harm, if his release would pose a risk to society, or if the extension is necessary for the juvenile’s development. If it can be proven that the offender’s mental condition and development were impaired at the time the crime was committed, the judge may impose a sentence of a maximum of six years in a juvenile treatment center. A decision to extend the sentence may be made only by a panel of three judges. The Minister of Justice may suspend the sentence only at the request of the convicted juvenile himself/herself or of the Child Protection Board.

There are 13 institutions for the treatment of juvenile offenders in the Netherlands. These include both open and closed institutions, and they may be for boys, for girls, or mixed gender.

Some of these institutions are specialized, for example for the treatment of drug addicts or mentally disabled juveniles. Most frequently the institutions offer psychiatric help for mental disturbances and depression. They use non-traditionally methods of education, which aim to provide the juveniles with practical and social skills and with the ability to deal independently with problem situations. The juveniles study from the educational programs of mainstream schools. Their parents may also be included in the programs, if that seems necessary for the juveniles’ re-integration. The institutions have the freedom to determine and develop their own programs. These must be approved by the Ministry of Justice. The ratio of personnel to juveniles in the institutions is regulated by law and is 2.1:1.13 11

This information is provided by Mr. Rob de Vries, Attorney-General at the Court of Appeal of Amsterdam, during an interview with the author on 23 January 2002.

12

Stan Meuwese, Juvenile Justice System in the Netherlands, Amsterdam, November 1998.

13

During a visit to the center in Zeist on 23 January 2002, the author observed that 115 staff cared for 54 girls.

9

Unlike the other penalties stipulated by the Criminal Code, the measure of placement in a juvenile treatment center may not be converted to imprisonment the convicted juvenile turns 18.

In 1997 the average length of time that juveniles sentenced to this measure spent in treatment centers was 379 days. In 1998 the average was 371 days. Of the juveniles placed in treatment centers during 2000, 71.4% were boys and 28.6% were girls. Like in the places of imprisonment, half of the youth placed in juvenile treatment centers are 16-17 years old. 14 III. Criminal procedure

T

he criminal procedure that the law stipulates for hearings on illegal acts committed by juveniles can best be understood using the chart in Appendix 2 (see next page). 15

14

These data are from Facts and Figures, April 2001, Ministry of Justice, Dutch National Agency of Correctional Institutions.

15

This chart was created by the author following the idea of Belia Haasbroek. See Haasbroek, Juvenile Justice in the Netherlands, Presentation for the representatives of the Lithuanian republic on February 24 th 1999.

10

Appendix 2 Criminal procedure for juvenile offenders

Juvenile is caught by police after committing an illegal act

Halt Bureau is called in and report is sent to Child Protection Board (CPB)

Police report

Police call in the prosecutor and send the report to CPB

Police call in the CPB

CPB investigates and gives information to the prosecutor and the court

Decision not to investigate

Determination of community service

Fine

Additional investigation

Case turned over to court

Juvenile found not guilty

Learning/working sanctions

Determination of community service

Compensation for damages

Imprisonment

Determination of learning scheme

Sentence imposed

Fine

Referral to juvenile treatment center

11

1. Case examination Police When the police discover that a juvenile has committed an illegal act, there are two possibilities: 1. If the act falls into the category of misdemeanor and represents a first offense, the police may send the case to the Halt Bureau and make a report to the Child Protection Board. In this case, the police give the juvenile a warning and inform his parents of the consequences should the juvenile commit a second offense.

2. If the crime is serious, the police must prepare a report, which should be sent to the prosecutor and to the Child Protection Board.

Prosecutor The prosecutor’s office has four possibilities. It may: 1. suspend the investigation due to lack of sufficient evidence or if it is determined that the juvenile in question did not commit the offense; 2. suspend the criminal proceedings by imposing a fine (see below); 3. propose an agreement for suspending the criminal proceedings whereby the juvenile is obliged to perform unpaid community service as a sanction for the offense; 4. continue the investigation and send the case to a specialized juvenile court judge.

Suspension of criminal proceedings with the imposition of a fine In this case, the fine acts as a sort of warning that a subsequent offense will result in serious punishment. For this to be possible, the punishment for the same crime under general criminal law must not be more than six years’ imprisonment. Suspension of the proceedings depends on the following conditions: 1. Payment of a fine of up to 2,500 Euros; 2. Confiscation of illegally obtained property; 3. Compensation for damages.

When the imposed fine is more than 125 Euros, the prosecutor must ensure that the juvenile has a defense lawyer. If the juvenile does not have a lawyer, one must be appointed to him free of charge. The court must approve suspension of the proceedings.

Suspension of proceedings through agreement Since the changes in the Criminal Code in 1995, the prosecutor may suspend criminal proceedings against a juvenile without the judge’s approval under the following conditions: 1. During the past six months the juvenile has been in the care of his/her parent/guardian under the supervision of the Child Protection Board; 2. Up to forty hours of community service have been imposed; 3. Up to 40 hours of work have been imposed to compensate for damages caused; 4. The juvenile has attended a learning scheme of up to 40 hours.

12

For minor crimes that represent a juvenile’s first offense, such as pick pocketing or stealing a car radio, the prosecutor may recommend that an alternative sanction be imposed instead of continuing with the criminal proceedings. This is conditional upon the juvenile’s admission of guilt and his agreement to perform unpaid community service for up to 40 hours. If more than 20 hours of community service are to be imposed, the agreement may not be concluded unless defense counsel is present for the juvenile offender. In practice it means that mostly there is no agreement made higher than 20 hours. If the juvenile does not have a lawyer or cannot afford one, the prosecutor must appoint one free of charge.

The General Assembly of specialized juvenile prosecutors have developed guidelines for the determination of the lengths of sentences to community service for every type of crime. These guidelines are not mandatory, insofar as the prosecutors must take into account the particularities of each individual case and of the character of the particular offender. The goal of these guidelines is to facilitate the use of general principles in determining effective measures for reforming juvenile offenders.

Each year the Dutch prosecutor’s office imposes alternative sanctions and disciplinary measures on about 10,000 juveniles. 16 In some cases, the sanctions may be imposed repeatedly, but for longer periods each subsequent time. 17 Court If the case reaches court, the court may make one of the following three decisions: 1. To acquit the juvenile; 2. To punish the juvenile with a fine or imprisonment or a learning/working sanction; In general, cases against juveniles are heard behind closed doors. In cases where the case is of public interest, the judge may decide to make proceedings open to the public. Parents have the right to be present at the trial, as well as to participate in the investigations.

2. Statutes of limitations The statutes of limitations on crimes committed by juveniles are half as long as those for crimes committed by adults. The periods of the statutes of limitations depend on the type of crime in question.

3. Criminal Records The documentation related to juvenile justice includes general documentation records and criminal records. The general documentation is saved electronically and contains data about every crime committed by a particular juvenile. The police, the prosecutor’s office, and the services for child protection may use this information. It is never destroyed. The information includes the name, address, and date of birth of the juvenile offender, as well as information about the date of the offense, the nature of the act, the court’s decision in the case, and the parties responsible for overseeing the sentence as it was served. It also includes these parties’ 16

Mr. R.H.J. de Vries, Attorney-General at the Court of Appeal of Amsterdam, The role of Public Prosecutors in juvenile criminal justice, Presentation for the representatives of the Lithuanian republic. The Hague, 25 th February 1999 Ministry of Justice.

17

ibid. 14.

13

evaluations of the way the sentence was served. This information is helpful in determining appropriate sanctions for subsequent offenses. 18 Criminal records contain information about fines over 125 Euros, imprisonment, and alternative sanctions lasting longer than 40 hours that have been imposed on a juvenile offenders 16 years old or older. The records are kept for four years in cases where fines, imprisonment, or placement in a juvenile treatment center have been imposed. In other cases these records are destroyed after two years.

The regulations of the Data Protection Act govern the use of the information about juvenile offenders. This Act ensures the juvenile’s right to access the files and to request corrections or amendments to their contents.19 4. Arrest and detention of juveniles During the arrest of juveniles, the authorities follow the same regulations that they follow during the arrest of adults. First, the juvenile may be detained for up to six hours for interrogation. The juvenile’s parents may be informed immediately of the arrest and of the reasons for the detention. After the first six hours, the prosecutor may detain the juvenile for three additional days, and in extraordinary cases may extend it for up to six days. Detention is allowed only in cases where there is a serious risk that the juvenile will flee from justice or on grounds of public safety. Detention is only allowed in cases where general criminal law stipulates a sentence of over four years for the crime committed. A lawyer must be appointed for the juvenile immediately, and the Child Protection Board must be informed of the arrest. A judge must approve any detention over three days. The judge may extend the detention for up to ten days.

Before making a decision, however, the judge must read the Child Protection Board’s report about the juvenile’s psychological state and environment.

Detention may be extended beyond ten days only if a three-judge panel decides to do so. The new period of detention may be extended by 30 days. The panel of judges may extend the period by 30 days two more times if necessary.

Juveniles detained for a long period of time may participate in Quarterly Courses, which may be held in the place of detention or elsewhere. These courses take place during the day. They have the goal of providing the juveniles with practical and social skills. The Child Protection Board organizes the courses.

The judge determines the place of detention. He may place the juvenile in a reform school, in a juvenile prison, or in a specialized private juvenile detention facility. In the past few years the number of detained juveniles has increased by almost 50%. 20 IV. Bodies and services dealing with juvenile offenders 18

R.H.J. de Vries, The Role of Public Prosecutors in Juvenile Criminal Justice, The Hague, Presentation for the representatives of the Lithuanian Republic, 25th February 1999 Ministry of Justice.

19

Every Child in Entitled to Protection, Ministry of Justice, p.10.

20

Ibid. 10, p. 7.

14

1. Child Protection Board

T

he Child Protection Board takes care of children at risk. The Board’s functions are specified in the Civil Code of the Netherlands. The Board watches out for at-risk juveniles and determines which juveniles are in need of protection. It assists the parents and the juvenile in choosing social treatment and assistance. The Board itself does not provide professional help.

One of the functions of the Child Protection Board is to collect information. When a juvenile offender is arrested or when criminal proceedings are bought against a juvenile, the police must inform the Board. The Board, in turn, must begin gathering information about the child and his/her environment. This is done through broad questioning of the child and his/her parents. A trusted person or friend and a lawyer may be present at the time of the questioning.

If there is a possibility that the juvenile may have psychological problems, the Board may order a more complete investigation to be undertaken. This may include consultations with a psychiatrist or other specialists, and it may lead to a civil law motion for protective measures to be taken for the child. When this happens, criminal proceedings can be suspended until all the circumstances become clear. In all cases the Board prepares a report, which must be sent to the family and to the juvenile himself. The family and the child have the right to point out mistakes and inaccuracies in the report. The report is then attached to the investigation files. 21 The Board sends its report to the prosecutor or the judge working on the case. The report may recommend that the child: - apologize or pay compensation for the damages caused by his actions; - participate in some sort of community service or program for developing social skills; - be appointed a guardian, thereby limiting or revoking the parents’ rights to have relations with the child.

A representative of the Board is present at the time of the court proceedings against the juvenile.

Another function of the Board is to provide preliminary assistance to juveniles who have been arrested by the police. Immediately after the arrest of a juvenile, the police must inform the Board. The Board then sends a representative to find out about the case and to assist the juvenile in seeing that his needs are met. The Board also uses this contact to collect information that the prosecutor and the court can use in considering extensions of the detention.

The final primary function of the Child Protection Board is to cooperate with the parents and the juvenile to get them social treatment and assistance. For this activity the Board must maintain contacts with other social services such as the Probation Board and the Agency for Family Supervision, which acts as the guardian for children whose parents’ rights have been limited or revoked by the court.22

21

The Board keeps a copy of the report. The report is destroyed when the juvenile turns 21 years old.

22

Mr. Hank Krooi of the Cihld Protection Board in Einhoven, in an interview with the author on 25 January 2002, said that the training of the staffs of the various services is often conducted together, with the aim of improving the coordination among the services.

15

2. The police The police department is decentralized in terms of its sub-departments that deal with juveniles.

Every activity that police officers participate in is part of the broader local policy of preventing juvenile crime. Individual regional police structures have their own projects and different numbers of officers, since the crime situation varies from place to place. 23 Specialized police officers investigate cases connected to juveniles. These officers familiarize themselves with police reports. Police information is investigated in cooperation with representatives of the prosecutor’s office (the secretary of the specialized prosecutor dealing with juvenile cases), with a municipal employee responsible for visiting the schools for children, and with representatives from the Child Protection Board and the Probation Service. 24 The police have three special powers related to juveniles: 1. Preventing illegal behavior; 2. Taking repressive measures (e.g. arrest); 3. Helping children who have been the victims of crime or sexual abuse, searching for missing children, and caring for abandoned children.

The preventative responsibilities of the police vis-à-vis juveniles fall into a few categories: 25 1. Supervision and management of the neighborhood Police officers check up on clubs and other public places where children spend their time and establish contacts with children and youth in the neighborhood.

2. Contacts with schools Many police stations have officers who are responsible for working with children from the local schools. They visit the schools on a regular basis in order to get to know the pupils and teachers, to give informative lectures, to investigate illegal acts committed on school grounds, and to consult with the school administration about measures that should be taken to ensure the children’s safety. 26 For example, the police officers in Tillburg participate as teachers in the “Act Normal” program for pupils in the 7 th and 8th grades. The program is made up of weekly lessons from a special textbook. The lessons include themes such as questions of vandalism, the illegal use of fireworks, littering in the neighborhood, gambling, driving rules, and discrimination.27 3. Providing the care of a competent person or service

23

Mr. Ad Martens and Mrs. Marjolein Vingerhoeds of the Children At Risk from the Police Project in Tillburg provided this information in an interview with the author on 22 January 2002.

24

Ibid. 21.

25

Ieta Polman, The Role of the Police Regarding Juvenile Criminal Justice in Practice, Presentation for the Lithuanian delegation, Ministry of Justice, 25 February 1999.

26

Ieta Polman, The Role of the Police Regarding Juvenile Criminal Justice in Practice, Presentation for the Lithuanian delegation, Ministry of Justice, 25 February 1999.

27

In an interview with the author on 22 January 2002 in Tillburg, Holland, Mr. Ad Martens and Mrs. Marjolein Vingerhoeds said that with the help of the Dutch police similar educational programs have been established in Belgium and Poland.

16

The police’ s supervision of the neighborhood provides an opportunity to identify children who are at risk. When such a child is identified, police officers establish contact with the family and recommend that they turn to a public service such as the drug addiction prevention service, the service for mental health, the services that provide assistance to victims of violence, and other services for help. In certain cases police officers are required to inform these services themselves and to seek help from them for the family or the child.

3. Halt Bureaus In cases of property damage or minor thefts, the police may direct a juvenile offender to a Halt Bureau (literally, a “Bureau for Alternatives”). 28 The Halt Bureaus and their activities have existed since 1981. Since 1995 the procedures for sending juvenile cases to the Bureaus has been regulated by the Criminal Code. In their work, the officers of these Bureaus follow the instructions approved by the prosecutor’s office.

Each year the Halt Bureaus investigate over 20,000 cases. The number of cases has been increasing over the past few years.29 According to data from the Ministry of Justice, most of these cases (40.2% in 1999) are related to juvenile’s illegally taking things from other people.

The second most common types of cases are related to the illegal use of fireworks (20.7% in 1999) and vandalism (7.7%).

Whether a case is sent to a Halt Bureau depends on a few conditions. The offender must admit his own guilt. He must not have participated in Halt Bureau programs more than once before in order to be eligible. Finally, the Halt Bureaus may work only with children who have committed an illegal act that is expressly listed in a small category of crimes: 1. Vandalism causing damages of up to 681,82 Euros 30 2. Arson where damages do not exceed 681,82 Euros 3. Theft or appropriation of stolen items worth up to 113,64 Euros 4. Misleading placement of signage worth up to 113,64 Euros 5. Destruction of property, including through the use of graffiti resulting in damages of up to 681,82 Euros 6. Illegal penetration of existent military defenses 7. Illegal use of fireworks.

Halt Bureaus are established in every municipality. Typically each employee is responsible for a particular area and for work with a certain number of schools. 31 Between 10 and 15 full-time staff work in each Halt Bureau.

After a Halt Bureau officer receives a case, he arranges a meeting with the juvenile and the parents. He familiarizes them with the work and goals of the Halt Bureau and tells the juvenile 28

For more information, see the Dutch government’s web site at www.minjust.nl/a_beleid/thema/jeugd/jcp/stats/halt/table/tab_001.htm 29

Ibid. 14.

30

Research has shown that in more than 60% of the cases of vandalism the intervention of Halt Bureaus has been an effective remedy. See Information about Halt Bureaus and Halt Nederland, Published by Halt Nederland, 2000.

31

The Halt Bureaus are financed by the national and municipal governments.

17

and his family about their rights and responsibilities. If the juvenile’s offense affected any victims, the officer arranges a second meeting at the Halt Bureau with the victim, as well as the juvenile and the parents. The purpose of this meeting is to discuss the question of compensation.

The juvenile must specify whether he/she wants his/her case to be sent to the prosecutor’s office or whether he would prefer to participate in proceedings at the Halt Bureau. If the juvenile is under the age of 16, the parents must also approve his/her decision. If everyone is agreed, the Halt Bureau officer assigns a homework assignment to the juvenile. The juvenile must explain in writing why he/she committed the offense and he/she must suggest an appropriate type of punishment and its length. This homework assignment helps the Halt Bureau officer become better informed about the character and behavior of the juvenile. 32 The Halt Bureau officer familiarizes the juvenile with the disciplinary measures. The juvenile has the right to propose his/she own measure. The possibilities consist of community service, fixing the damages, or a combination of the two. The juvenile is not paid for his community service. The Halt Bureau officer makes a contract with the juvenile, and all the conditions of the work are agreed upon. Although these contracts have no legal weight, their aim is to cultivate in the juvenile a sense of responsibility. If the juvenile is under the age of 16, his/her parents must approve the disciplinary measure that he/she chooses.

The Halt Bureaus are responsible for finding a place for the juvenile to conduct his/her community service. Community service sentences must not last longer than 20 hours. In practice, however, very few sentences last longer than 10 hours. 33 The community service must take place during the juvenile’s free time (e.g. weekends and school vacations).

Part of the sentence consists of the apology that the child must make to the victim. If possible, the offender should do work that is in the interest of the victim. For example, if the juvenile stole something from a store, his/her sanction might be to clean the store or help the store’s owner in some other way. The Halt Bureau officer supervises the conditions of the juvenile’s work. The juvenile is provided with health and liability insurance during the period of their service through the Halt Bureau.

After the juvenile’s successful completion of his/her service, the police produce a report that suspends the complaint against him/her. The victim reserves the right to seek compensation through the courts, but only privately at this point. If the juvenile fails to complete the Halt Bureau’s program successfully, then the case is sent to the prosecutor’s office.

4. Court About 25,000 cases of crimes committed by juvenile offenders reach the courts annually in the Netherlands. These represent about 10% of all the criminal cases heard in courts. 34 Depending upon the seriousness of the offenses, these cases may be heard by either one or three judges.

Typically the judges in question specialize in juvenile cases. A panel of three judges tries cases 32

Mr. De Jong of the Halt Bureau in Tillburg provided this information in an interview with the author on 21 January 2002.

33

Ibid.

34

Ibid. 14

18

in which the law stipulates punishment with over six months imprisonment or with placement in a juvenile treatment center. This enlarged panel also hears cases that are legally or factually complicated and cases dealing with juveniles accused of committing illegal acts together with adult offenders.

5. Defense counsel When a case is being prepared for trial, the juvenile defendant is provided with a lawyer free of charge. The appointed defense counsel must be a lawyer who specializes in juvenile cases. If they want to, the juvenile and his parents may hire their own lawyer. The participation of defense counsel is also mandatory in cases heard by the prosecutor when the law stipulates a sanction of community service lasting over 20 hours or a fine of over 125 Euros.

6. Service for probation and after care In case of parole this service is responsible for the supervision of the conditions of parole. In case of probation, the service appoints a probation officer to guide the juvenile for his/her trial period.

The service gets to know the juvenile and his/her family and prepares reports about the observance of the set conditions and the social situation of the child.

19