Netherlands (From Probation in Europe, P 245-299, 1981, C G Cartledge et al, ed. - See NCJ-86328)

• NCJ Number: 86336
• Author(s): P Tak
• Date Published: 1981
• Length: 55 pages
• Sale Source: European Assembly for Probation and After-Care
• Language: French; English
• Country: Netherlands

Annotation

This discussion of probation in the Netherlands considers law enforcement and the administration of justice as well as the organization and working methods of the probation system.

Abstract

The police in the Netherlands have the general responsibility of maintaining public order, and they are supervised by the public prosecutor in criminal investigations. The police have some discretion in handling an offense, as they may issue warnings and formal cautions. The public prosecutor has the discretion to determine whether criminal proceedings will be initiated in given cases and what charges will be brought. The court system consists of Cantonal courts, which deal with almost all summary offenses; district courts, which hear cases relating to indictable offenses; courts of appeal, which hear appeals from district courts; and the High Court. One judge in each district court is appointed to try juvenile cases. General penalties are imprisonment, detention, and fines. Probation is established by statute, as well as the conditions and responsibilities to be fulfilled in probation. Probation regulations distinguish between government probation officers and probation officers in the employee of private institutions. The Minister of Justice sets requirements for probation officers, whether they work for the government or private institutions. According to statute, the judicial tasks of probation agencies are to provide information to the appropriate authorities about defendants and to supply assistance to defendants and offenders. Probation officers may be requested to prepare background reports on defendants and offenders, with the nature of the report depending on its purpose. Probation officers maintain contact with persons in detention and provide supervision for both offenders under a suspended sentence and conditionally-released prisoners. The aid given to a client is based upon his/her particular needs, and the methods of probation work include individual counseling, work with the client's family, and group work with probationers. Key addresses and sentence statistics for 1975-78 are provided.