Police Judge Procedure at Amsterdam District Court
The police judge procedure offers Amsterdam residents a swift resolution for minor criminal cases, such as traffic violations in busy Amsterdam traffic or simple assault. At the Amsterdam District Court in single-judge session, the police judge decides without a public prosecutor present. Local suspects typically receive a summons directly by mail.
Legal Basis of the Police Judge Procedure
This procedure is governed by the Code of Criminal Procedure (Sv), articles 306 to 319 Sv. Article 306 Sv limits it to prosecutions carrying a maximum of four years' imprisonment, but in Amsterdam practice, to offenses with a maximum of three months' imprisonment or €22,500 fine (article 23 Sr). Article 307 Sv requires service of the summons at least six days in advance, or earlier with your consent.
Unlike standard hearings, the public prosecution service is absent; the judge relies on the official report. This speeds up the process but requires thorough preparation by suspects in Amsterdam.
The Procedure Step by Step at Amsterdam District Court
The steps at the Amsterdam District Court are standardized:
- Receive Summons: You receive a notice with offense details, proposed penalty, and hearing date. Check for errors.
- Preparation: Respond in writing or seek assistance via the Amsterdam Legal Aid Office. If you deny guilt, referral to the multi-judge chamber.
- Hearing: Judge reads the summons; admit or deny guilt. Evidence and rare witnesses are addressed.
- Judgment: Immediate or within 14 days (article 318 Sv). With admission of guilt, often an immediate proposal.
- Appeal: File within 14 days (article 319 Sv).
A typical Amsterdam hearing lasts 15-30 minutes.
Rights and Obligations as a Suspect in Amsterdam
You have key rights in the police judge procedure:
- Right to be heard (article 310 Sv): Tell your side of the story.
- Assistance of counsel: Optional but advisable; free advice via Amsterdam Legal Aid Office.
- Presenting evidence: Call witnesses or experts.
- Right to remain silent: Stay silent on incriminating questions.
Obligation: Appear on time at Amsterdam District Court. Failure to appear results in a default judgment (article 312 Sv).
Practical Examples from Amsterdam
Example: Speeding on the A10 (180 km/h instead of 100). Summons to police judge; with admission, €800 fine and driving ban follow. In 2022, Amsterdam District Court handled 15,000 police judge cases, 80% resolved on the spot.
Another case: Shoplifting in Kalverstraat. Suspect disputes CCTV footage; judge suspends for further investigation – a rare but possible right.
Comparison with Other Procedures
Faster than regular hearings. Overview:
| Aspect | Police Judge | Regular Hearing | Settlement |
|---|---|---|---|
| Duration | 1 hearing (15-30 min) | Multiple days | Written |
| Prosecutor | Absent | Present | None |
| Max Penalty | 3 months imprisonment / €22,500 | Unlimited | Fine €500 |
| Counsel | Not mandatory | Recommended | Not needed |
Source: CBS and Rechtspraak.nl (2023).
Frequently Asked Questions
Can I bring a lawyer?
Yes, always permitted. For low incomes: subsidized assistance via Amsterdam Legal Aid Office (article 12 scheme).
What if I don't show up?
Default judgment with penalty. Request postponement (article 312 Sv) or attend Amsterdam District Court.
How soon is the judgment?
Immediate with admission, otherwise 14 days. Appeal within 14 days (article 319 Sv).
Impact on criminal record?
Yes, fines and conditional penalties remain visible for 5 years (article 304 Sv); minor ones expire sooner.
Tips for Amsterdammers
Navigate successfully:
- Prepare: Gather evidence, such as dashcam footage from Amsterdam traffic.
- Consider admitting guilt: Leads to a milder outcome.
- Seek help: Start at Amsterdam Legal Aid Office for free intake or Municipality of Amsterdam for traffic advice.
- Appeal: File promptly if dissatisfied.