Follow-up of the MATRA project: Alternative sanctions and educational measures 2010-2011 Frans Grobbe Zagreb, december 5 - 2016

MATRA: NL expert assistance for candidate and new member states of EU Involved in juvenile delinquency project in Croatia: Ministry of Health and Social Welfare (central beneficiary) Ministry of Justice, State attorney’s offices, Juvenile courts, the Ministry of Interior and Police, Centres for Social Welfare Participating in conferences, workshops, ‘pilot’ projects and study visits

Main focus in the project Improved conditions for an adequate system of delivery of educational measures. Improved working methods in the assessment and decision phase of the educational measures. Improved working methods in the implementation phase of the educational measures.

Contribution to the conference Overview of the approach in the Netherlands Participation in the implementation discussion of STOP in the Croatian practice

Halt in the Netherlands Aiming to prevent and combat juvenile crime 

HALT approach The aim of the Halt programme is to hand out an alternative punishment – Het ALTernatief in Dutch – to make these juveniles aware of their behaviour, to give them the chance to right their wrongs and to make it clear to them that criminal behaviour is unacceptable. If they take part in the Halt programme, juveniles can also avoid having a criminal record.

Origin of Halt 1981: first Halt office in Rotterdam Reaction to widespread juvenile crime Focus on combat and prevent vandalism Alternative for Public Prosecutor (no registration juveniles and less cases dismissed)

Repression tasks and prevention tasks Halt programmes Several crime prevention programmes

Halt arrangement in criminal law

Results Halt programmes 2016 In 2016 Halt executed appr. 16.500 Halt programmes Appr. a third of the percentage of juveniles who are arrested by the police are referred to Halt

Criteria Halt programme Age juvenile: 12 – 18 years Offence on list Halt offences Juvenile admits crime Juvenile is first offender Juvenile (and parents) agree with referal to Halt

Halt offences Legale base Halt programm: criminal code Article 77e Dutch Penal Code. Shoplifting, embezzlement and fencing goods Vandalism, simple destructions including graffiti Firework offences Absence from school Public intoxication Disturbing the order in public transport

Motivation criminal behaviour Halt juveniles 25% wants to join the group 12% is stirred up by friends 11% does it for excitement/kick 10% does it for fun 7% does it out of being bored

Limits Halt programme Arrangement for recidivism Not involved in a criminal procedure, prosecuted by Public Prosecutor or Court Halt programme takes maximum 20 hours Theft (including shoplifting), fencing goods: maximum of € 150 Public property destruction, public disorderly conduct: maximum of € 900 each person, for total group € 4500

Elements Halt programme Several conversations (with juvenile and parents) Apologizing to victim Paying damage Learning skills Community service Involvement of parents

Steps in the implementation Referral The HALT punishment always occurs at the referral of the police, the Public Prosecution Service or a special investigating officer (e.g. a school attendance officer) . Performance of the HALT punishment Starts with an interview with the youth and his/her parents. In this interview, the punishment is determined based on the nationally-determined sentencing indications. The number of hours that the punishment continues is between 2 and 20 hours. The content of the punishment matches as much as possible the crime committed and the age of the youth. This increases the learning effect . A HALT punishment generally comprises the following parts: Interviews with the youth and his/her parents. Offering apologies to the victim. Performing educational assignments. Paying for any damage. Sometimes the youth is given community service. Signalling, evaluation and aftercare Sometimes youth cross the line because they have problems. Because of this, HALT always looks to see whether underlying causes, such as problems at home or at school, were the reasons for the punishable behaviour.

Advantages Halt programme Pedagogical alternative for traditional prosecution Halt reacts at an early stage, swiftly and consistently to the offence Confronts juvenile with consequences of behavior The arrangement links with the offence Juvenile can avoid criminal record (Financial) compensation for victim included in procedure Less cases to Public Prosecutor

Halt: the preventive task Educational programmes for children Central themes: Criminal behaviour Norms and values Group conduct Learning to say 'no' Special prevention projects like: Safe School programmes Local prevention projects focused on specific risk groups Cooperation with police, health authorities and juvenile probation service 

Finances Halt programmes: Central financing by Ministry of Security and Justice, based on output Educational programmes: Financed by ordering party, such as municipalities, provinces and ministries

More information? Please visit our website: www.halt.nl/english or contact us by email: info@halt.nl