Youth detention is a custodial sentence specifically for young people between 12 and 18 years old. It is a severe penalty imposed only for serious offences and executed in special youth institutions with a focus on rehabilitation and reintegration into society.
What does youth detention entail?
Youth detention (article 77i Sr) is the most severe penalty within juvenile criminal law. This penalty applies to young people aged 12 to 18 and is imposed for serious offences, such as violence or serious crime.
Maximum duration of the sentence
- For young people aged 12 to 15 years: maximum 1 year
- For young people aged 16 to 17 years: maximum 2 years
- When adult criminal law is applied (article 77b Sr): longer sentences possible
How is youth detention executed?
The sentence is executed in a Judicial Youth Institution (JJI). These institutions provide:
- Small living units with group supervision
- Compulsory education for those subject to compulsory education
- Therapeutic programmes
- Activities such as sports and leisure
- Preparation for successful reintegration into society
Conditional sentence
Youth detention can be imposed conditionally. In that case, the young person does not have to go to a JJI immediately, but must comply with strict conditions. If violated, the sentence can still be executed.
Supervision after detention
After the end of youth detention, youth probation often provides support. This helps young people find their place in society again, for example through assistance with education, work or housing.
Adult criminal law for young people
In exceptional cases, a young person aged 16 or 17 can be tried under adult criminal law (article 77b Sr). This occurs for very serious offences and leads to stricter penalties.
Frequently asked questions about youth detention
When is youth detention applied?
This penalty is imposed only for serious offences, such as violence, robbery with violence or sexual offences. The judge considers factors such as age, offence and personal circumstances. For lesser offences, alternatives such as community service are considered.
What is the maximum duration of youth detention?
For 12- to 15-year-olds, the sentence is a maximum of 12 months, for 16- to 17-year-olds a maximum of 24 months. When adult criminal law is applied, harsher penalties may apply.
What happens in a Judicial Youth Institution?
In a JJI, young people follow a daily programme with education, therapy, sports and supervision. The aim is to prepare them for a positive future and prevent repetition of criminal behaviour.
What does conditional youth detention mean?
With a conditional sentence, the young person does not have to go to a JJI, provided they comply with certain conditions, such as following supervision. If not complied with, the sentence can still be executed.
How does youth detention differ from adult sentences?
Youth detention focuses on resocialisation and takes place in a JJI with emphasis on education and treatment. Adult sentences are stricter and have less focus on rehabilitation.
For more information or legal assistance in Rijswijk, you can contact the Juridisch Loket Rijswijk. Cases are often handled by the Rechtbank Den Haag, under which Rijswijk falls.