Freedom-Restricting Measures in Westland
In Westland, a freedom-restricting measure is a commonly used custodial substitute sanction under Dutch criminal law. It limits the convicted person's freedom of movement without requiring detention in a cell. Examples include electronic monitoring with an ankle bracelet, location or contact bans. These measures are imposed for less serious offenses in the region, such as shoplifting in local supermarkets or traffic incidents on Westland roads, to prevent recidivism and support societal reintegration as an alternative to short prison terms.
Legal Basis in Westland
These freedom-restricting measures have been codified since the Act of 23 December 2004 in Title IIIA of Book 1 of the Dutch Criminal Code (Sr), articles 15c to 15i. The Westland District Court may impose them in lieu of a custodial sentence of up to two years maximum (art. 15c(1) Sr). The judge relies on a pro justitia report, taking into account the offender's background, the offense committed, and recidivism risks in the local context.
They fit within the system of conditional sentences (art. 1a et seq. Sr) and differ from traditional penalties such as imprisonment (art. 10 Sr) or detention (art. 11 Sr), as they serve as a substitute. They are often combined with a probationary period (art. 1b Sr), supervised by the Westland probation service.
Types of Freedom-Restricting Measures
In Westland, three primary forms are used:
- Electronic monitoring (ET) (art. 15d Sr): An ankle bracelet monitors the home situation. You may only leave for work in horticulture, education, or care.
- Location and contact bans (LCV) (art. 15e Sr): Bans on approaching specific locations in Westland, such as a victim's home, or contacting certain persons. This builds on a contact ban as a penalty.
- Suspension of conditional collection of a fine (SVVIG) (art. 15f Sr): Fine deferral with conditions such as reporting requirements or local behavior programs via the Municipality of Westland.
Conditions, Duration, and Enforcement
The Westland District Court imposes a freedom-restricting measure for sentences up to two years, provided compliance is realistic. The duration matches the substituted sentence, up to two years maximum; ET starts from 14 days. The Westland probation service provides supervision (art. 15g Sr) and may propose adjustments in case of violations.
Case Example 1: Ankle Bracelet in Westland
Suppose Mr. De Vries steals goods from a supermarket in Naaldwijk (art. 310 Sr). The prosecutor demands 4 months' imprisonment. The Westland District Court opts for 4 months' ET. He stays home with an ankle bracelet and only leaves for his job in greenhouse horticulture. After two months, it proceeds smoothly, and the measure ends successfully.
Case Example 2: Local Location Ban
Ms. Jansen receives an LCV following domestic violence in 's-Gravenzande (art. 304 Sr). She must stay 500 meters away from her ex-partner's home. Violation leads to imprisonment; this provides peace for the victim and prevents escalation in the Municipality of Westland.
Rights and Obligations
Rights in Westland
- Right to be heard before the Westland District Court (art. 15c(3) Sr).
- Access to legal assistance via the Westland Legal Aid Desk; a lawyer can advocate for milder options.
- Request for modification in changed circumstances (art. 15h Sr).
- Privacy protection; ankle bracelet data is used on a limited basis.
Obligations
- Strict compliance with conditions, such as being home during ET.
- Cooperation with the local probation service.
- Report changes in address or employment in Westland.
- In case of non-compliance: revocation and enforcement of the original sentence (art. 15i Sr).
Comparison with Other Penalties
| Aspect | Freedom-Restricting Measure | Imprisonment | Community Service |
|---|---|---|---|
| Purpose | Reintegration, recidivism prevention | Punishment, retribution | Restoration, work |
| Duration | Max. 2 years, flexible | Fixed, min. 1 day | Max. 240 hours |
| Location | Restricted freedom at home/outside | Full detention | Free, with work |
| Costs | Low for the state (no cell) | High (incarceration) | Average |
| Recidivism Effect | Good with motivation | Moderate | Good |
Frequently Asked Questions in Westland
Can a measure be converted to imprisonment?
Yes, non-compliance revokes the substitute and triggers the original sentence via the Westland District Court (art. 15i Sr). Probation advises.
Who pays for the ankle bracelet?
The government; no costs to the convicted person, but cooperation with installation is mandatory.
Moving house during ET in Westland?
Notify probation immediately; they request a change from the Westland District Court (art. 15h Sr).
Applicable to local traffic offenses?
Yes, such as reckless driving on Westland roads, for short sentences with reintegration potential.
Tips for Westland Residents
- Seek local advice: Advocate for this measure via the Westland Legal Aid Desk for a free intake.
- Follow probation: Participation in horticulture-related courses or therapy aids compliance.
- Document everything: Keep proof of compliance for the Westland District Court.