Sentencing in the Netherlands: The Role of Probation in a Miniaturized Sanction System

Despite immense recent growth in the Netherlands in sanctions that can replace short prison sentences, the proportion of people admitted to prisons is relatively high by European standards because of an increased focus on less severe crimes, combined with relatively high use of pretrial detention. Many community service orders and supervision orders are imposed by prosecutors and judges for relatively minor crimes. Therefore, many sentencing decisions occur at the custody threshold, the border between custody and non-custody. The role of the probation service is crucial because it advises on sentences at all stages of the criminal justice system, including revocation of community penalties. Courts and prosecutors are largely dependent on the probation service’s recommendations, capacity, and willingness to supervise offenders, which raises questions about equal and fair application of sanctions and the independence of the final decision makers.