Youth detention is a custodial sentence for young people between 12 and 18 years old, specifically intended as the most severe sanction within juvenile criminal law. This penalty is only applied in cases of serious offences and is executed in special youth institutions with a focus on reintegration into society.
Definition of youth detention
According to Article 77i of the Criminal Code, youth detention is the prison sentence for minors aged 12 to 18 years. This penalty is imposed exclusively for serious crimes, such as violence or serious theft.
Maximum sentence duration
- 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 of the Criminal Code): higher penalties possible
Execution in Westland and surrounding areas
Youth detention is executed in a Judicial Youth Institution (JJI). These institutions, also accessible to young people from Westland, offer:
- Living in small living groups
- Compulsory education in accordance with compulsory schooling
- Therapeutic programmes
- Activities such as sports
- Training for return to society
Conditional sentence
A judge may impose youth detention conditionally. This means that the young person does not have to go directly to a JJI, provided that he or she complies with strict rules. If not complied with, the sentence may still be executed.
Supervision after detention
After the sentence has been served, support from youth probation is often provided, also in the Westland region. This helps young people resume education, find work, and create a stable home situation.
Adult criminal law for young people
In exceptional cases of very serious offences, a judge may decide to try a 16- or 17-year-old from Westland under adult criminal law (Article 77b of the Criminal Code). This results in stricter penalties in accordance with regular legislation.
Frequently asked questions about youth detention
When is youth detention applied?
This penalty is only imposed for serious crimes, such as acts of violence or sexual offences. The judge takes factors such as age, offence, and personal circumstances into account. For lesser offences, alternatives such as community service orders are common.
What is the maximum duration of youth detention?
For 12- to 15-year-olds, this is 1 year, for 16- to 17-year-olds 2 years. In exceptional cases, adult criminal law may lead to longer sentences.
What happens in a Judicial Youth Institution?
Young people reside in small groups with a fixed daily routine, including education, therapy, sports, and training for societal reintegration.
What is the difference with an adult prison?
A JJI focuses on upbringing and guidance, whereas an adult prison has a stricter regime with less emphasis on reintegration.