Community service is a form of penalty whereby the convicted person performs unpaid labour for the benefit of society. It serves as an alternative to a prison sentence for less serious offences.
Definition of Community Service
Community service means that someone performs unpaid work that is useful to the community. This penalty is usually carried out outside working hours or on weekends.
Key Characteristics
| Characteristic | Details |
|---|---|
| Maximum duration | 240 hours |
| Execution period | Often within 1 year |
| Type of work | Unpaid and socially relevant |
| Supervision | [Probation Service](https://rechtshulpdenhaag.nl/encyclopedie/reclasseringsrapport) |
Types of Community Service
There are two categories of community service that can be imposed.
Work Penalty
Here, the convicted person performs unpaid labour at an organisation or institution.
- Maintenance of green spaces
- Working in thrift stores
- Assistance in care institutions
- Assisting with municipal tasks
Learning Penalty
This penalty consists of attending a course or training to improve behaviour.
- Training for anger management
- Programmes for a healthy lifestyle
- Courses on road safety
- Information sessions on substance abuse
When is Community Service Imposed?
Community service is applied in specific offences and situations.
Suitable Situations
- First offence (first offender)
- Less serious crimes
- Personal circumstances call for a lighter penalty
- The suspect shows motivation
Prohibition on Community Service
For certain offences, community service may not be imposed (art. 22b Criminal Code):
- Serious violent and sexual offences
- Crimes with a maximum penalty of 6 years or higher
- Except if a prison sentence is also imposed
Consequences of Non-Compliance
If the community service is not or insufficiently performed, substitute detention follows.
Substitute Detention
- 2 hours community service = 1 day detention
- Maximum duration: 4 months
- Determined by the judge in the judgment
Combining with Other Penalties
Community service can be imposed together with other sanctions.
Possible Combinations
- Community service with conditional prison sentence
- Community service and a fine
- Community service with driving disqualification
Advantages of Community Service
- No incarceration necessary
- Retention of job and social contacts
- The convicted person contributes to society
- Lower chance of [recidivism](https://rechtshulpdenhaag.nl/encyclopedie/recidive-verkeersmisdrijven) than with short prison sentences
Frequently Asked Questions about Community Service in Westland
How is it decided whether I get community service?
The judge assesses whether community service is suitable based on the seriousness of the offence, your personal circumstances and your motivation. For minor offences or a first offence, the chance is greater. The public prosecutor can also propose community service via a penal order. For serious crimes such as violence or sexual offences, community service is often excluded, unless combined with a prison sentence.
What kind of work do I have to do for community service?
For a work penalty, you perform unpaid work that is useful to society, such as green maintenance, supporting a care institution or helping at a thrift store. The work is adapted to your skills and the opportunities in Westland. For a learning penalty, you attend a course, for example on anger management or safe driving. The probation service helps find a suitable placement.
Can I refuse community service?
If the judge imposes community service, you cannot simply refuse it. Non-compliance results in conversion to substitute detention: 2 hours community service equals 1 day in prison. You can appeal against the judgment.