NCJ Number
197897
Date Published
2001
Length
102 pages
Annotation
On September 1, 1995, a new penal law for juveniles took effect in the Netherlands; this study reports on its effects after 5 years of practitioners' experience under its mandates.
Abstract
The major changes initiated by the new law have been the replacement of custody and community school with a single sanction called juvenile detention; an increase of the maximum imprisonment from 6 months to 12 months for juveniles ages 12 to 15 and to 24 months for 16 and 17 year-olds; an increase of the maximum fine from HFL 500 to HFL 5000; abolishment of the penal supervision measure and the replacement of special treatment and psychiatric hospital order with a single measure called placement in an institution for juveniles; and the establishment in law of the alternative diversion sanction through a project called "Halt." In determining the consequences of these changes on penal practice, this research obtained data from interviews with 46 persons whose work involves implementing the new penal law in practice, as well as from various statistical sources. Overall, the battery of sanctions and measures included in the new penal law for juveniles appears to be suitable in various situations; however, some problems have emerged from both the law itself as well as from its implementation. The most significant problem is that too much time is required for a case to be processed from the initial police interrogation to the trial, thus delaying the execution of a measure or sanction. This problem is linked to another major problem, i.e., the lack of capacity in juvenile justice institutions. There does not seem to be a stricter or more severe penal climate for juveniles under the new law. The number of fines has decreased; the number of imprisonments are decreasing; and the number of alternative sanctions are increasing. 25 references