Criteria

Juveniles will be eligible for the Halt programme if they meet the following criteria:

1.  They are aged 12 to 18 years.

2.  They are apprehended for one of the following offences:

    • destroying public property (Article 141(1) of the Dutch Penal Code Sr)
    • abuse of emergency services (Article 142(2) Sr)
    • vandalism and graffiti (Article 350 Sr)
    • (attempted) theft (e.g. shoplifting), alone or in groups (Articles 310-311 Sr) 
    • (attempted) embezzlement (Article 321 Sr)
    • handling stolen property (Articles 416/417 Sr) 
    • switching price tags (Article 326 Sr) 
    • public disorderly conduct (Article 424 Sr)
    • public intoxication (Article 453 Sr)
    • trespass (Article 461 Sr) 
    • disturbing the order, peace, safety or good operation of public transport (Articles 72-73 of the Dutch Passenger Transport Act) 
    • possession of illegal fireworks, letting off legal and illegal fireworks outside the allowed times, possession of fireworks outside the period of time that fireworks may be sold, possession of more than 10 kg fireworks in the period of time that fireworks may be sold (Articles 1.2.2, 2.3.6, 1.2.4 of the Dutch Firework Decree) 
    • absence from school (Article 3 (3 and 4c) Leerplichtwet (Compulsory Education Act)
    • offences in bye-laws related to fireworks or disorderly conduct.   

Maximum amounts of compensation

  • Articles 141, 424 and 350 Sr and 72-73 of the Dutch Passenger Transport Act) € 900 per person and/or € 4,500 per case 
  • Articles 310, 311, 321, 326 and 416-417 Sr: € 150 per case 
  • bye-laws: € 900 per person and/or € 4,500 per case.

3.  They have admitted the offence.

4.  They have not undergone a Halt programme more than once before, and that occasion was more than a year previously.

NB A juvenile may only participate once in a Halt programme for an offence he has committed; minor offences and/or firework offences do not count as re-offending for Halt if these have not been committed more than twice. Special rules apply to absence from school.

5.  The referral is absolutely voluntary.

N.B. If these five criteria are not met, the police may only refer a juvenile to Halt with the Public Prosecutor’s permission. This may be the case:

  • when the offence is not specifically covered by Halt but is nevertheless a comparable offence; 
  • when juveniles do no admit guilt for religious or cultural reasons yet express a preference for a Halt programme. 

The voluntary principle underlying the referral is absolute and may consequently never be varied.