Police Judge Procedure at the District Court of Leiden

Police Judge Procedure at the District Court of Leiden

The police judge procedure offers an accelerated and streamlined resolution of minor criminal cases, such as traffic fines or minor altercations in Leiden's city center. At the District Court of Leiden, a single judge handles these matters efficiently, without a public prosecutor present at the hearing. Leiden residents typically receive a summons with a direct hearing date.

Legal Basis of the Police Judge Procedure

This procedure is set out in the Code of Criminal Procedure (Sv), articles 306 to 319 Sv. Article 306 Sv provides that the police judge may hear cases carrying a maximum sentence of four years' imprisonment, but in Leiden practice, it focuses on offenses punishable by up to three months' imprisonment or a €22,500 fine (article 23 Sr). Article 307 Sv requires service of the summons at least six days prior, unless you consent to an earlier date.

Unlike standard criminal cases, the public prosecution service is not involved; the judge relies on the official report. This speeds up proceedings but calls for thorough preparation, possibly with assistance from Het Juridisch Loket Leiden.

The Procedure Step by Step at the District Court of Leiden

The steps at the District Court of Leiden are standardized:

1. Receiving the Summons: You receive a notice with details of the offense, the prosecutor's demand, and the hearing date in Leiden. Check it immediately for errors.
2. Preparation: Respond in writing or engage a lawyer through Het Juridisch Loket Leiden. Denial often results in referral to a multi-judge panel.
3. Hearing: The judge reads the summons aloud. Do you admit or deny guilt? Evidence and witnesses (if applicable) are then addressed.
4. Judgment: Usually delivered on the spot or within 14 days (article 318 Sv). Admission typically leads to an immediate proposal.
5. Appeal: File within 14 days (article 319 Sv).

A typical hearing at the District Court of Leiden lasts 15-30 minutes.

Rights and Obligations as a Suspect in Leiden

You have key rights during proceedings at the District Court of Leiden:

• Right to be Heard and Rebuttal (article 310 Sv): Present your version of events.
• Right to Counsel: Optional, but advisable for complex cases; free advice available at Het Juridisch Loket Leiden.
• Presenting Evidence: Summon witnesses or experts.
• Right to Remain Silent: Refuse to answer incriminating questions.

Obligations: Attend on time. Failure to appear results in a default judgment (article 312 Sv) imposing a penalty without your defense.

Practical Examples from Leiden

Example: Speeding on the N206 near Leiden (150 km/h instead of 100). Summons to police judge; admission results in a €750 fine plus driving disqualification. In 2022, the District Court of Leiden processed over 10,000 police judge cases, with 75% resolved immediately.

Or: Theft in a Leiden department store. Suspect denies guilt and contests camera footage. Judge adjourns for further investigation—a rare but available option.

Comparison with Other Procedures

Faster than regular hearings. Overview:

Source: CBS and Rechtspraak.nl (2023).

Frequently Asked Questions for Leiden

Tips for Leiden Residents

Navigating the procedure successfully:

• Prepare: Gather evidence, such as statements from local witnesses.
• Consider Admission: Often leads to a more lenient outcome.
• Seek Advice: Start with Het Juridisch Loket Leiden for free assistance.
• Appeal: Consider it if dissatisfied, within 14 days.