Youth detention is the custodial sentence for young people between the ages of 12 and 18. It is a severe penalty imposed only for serious offences, with a focus on rehabilitation and reintegration into society. In Leiden and the surrounding area, cases concerning youth detention fall under the District Court of The Hague, Leiden location.
What does youth detention entail?
Youth detention, as laid down in Article 77i of the Criminal Code, is the most severe penalty within juvenile criminal law. It is applied to young people aged 12 to 18 who commit serious crimes, such as violence or aggravated theft.
How long does youth detention last?
- For young people aged 12 to 15: maximum 1 year
- For young people aged 16 to 17: maximum 2 years
- When adult criminal law is applied (Article 77b of the Criminal Code): higher penalties possible
Execution in a Youth Custodial Institution
The sentence is served in a Judicial Youth Institution (JJI), where young people live in small groups. The programme includes:
- Education (mandatory for those subject to compulsory education)
- Therapeutic programmes
- Sports activities and leisure time
- Training for reintegration into society
Conditional sentence
Youth detention can be imposed conditionally. In that case, the young person does not have to go to a JJI immediately, but must comply with strict conditions. If these are not met, the sentence will still be executed.
Supervision after detention
After the sentence has been served, youth probation often provides aftercare. This helps young people in Leiden and surrounding areas to find their place in society again, with attention to education, work, and housing.
Adult criminal law for young people
In exceptional cases, a judge may decide to try a 16- or 17-year-old under adult criminal law (Article 77b of the Criminal Code). This results in stricter and longer sentences than under juvenile criminal law.
Frequently Asked Questions about Youth Detention
When is youth detention applied?
This penalty is imposed only for serious crimes, such as acts of violence or serious theft. The judge takes factors such as age, offence, and personal circumstances into account. For lesser offences, alternatives such as community service orders are applied.
What is the maximum duration of youth detention?
For 12- to 15-year-olds, the maximum duration is 12 months, for 16- to 17-year-olds 24 months. In exceptional cases, adult criminal law may be applied, allowing for longer sentences.
What happens in a Judicial Youth Institution?
In a JJI, young people follow a daily programme with education, therapy, sports, and training focused on behavioural change and social skills, to prepare them for reintegration into society.
What is the difference from an adult prison?
Youth detention in a JJI focuses on rehabilitation and supervision, whereas an adult prison has a stricter regime with less emphasis on rehabilitation. Sentences for young people are also shorter.
For legal assistance in Leiden, you can go to the Juridisch Loket Leiden, located at Stationsweg 46. Cases are handled by the District Court of The Hague, Leiden location.