1. Dobra praksa u Nizozemskoj
Konferencija
„Žrtve kaznenih djela – unapređenje sustava zaštite kroz individualiziranu procjenu potreba“ 22. i 23. rujna 2016.,Zagreb, Hotel Dubrovnik, Ljudevita Gaja 1, dvorana Centrum (I. Kat)
Dobra praksa u Nizozemskoj
Alex Sas

2. Individual Assessment (IA)
Implementation of the Individual Assessment in the Netherlands Alex Sas Policy advisor

3. Victim Support NL 1200 volunteers:
General services (practical and emotional assistance)
Legal services
500 paid employees:
Team managers/Legal officers/Casemanagers
HR/ICT/Communication/Finance/Policy officers

4. How do victims get in contact with Victim Support NL?
Victim Support NL receives personal data of victims
by the police  in 2015
All these victims are called by Victim Support.
victims are reached and informed on their rights and services of Victim Support.
victims use more services of Victim Support (continued assistance)

6. Services
victims used the following services:  Practical and emotional  Claiming damages  Assist in criminal proceedings 4596  Victim Statement  Referral (in accordance with the EU Directive, art. 9)

7. EU Directive
Proposed Implementation Act went to parliament 24 June April 2016 accepted by the “Tweede Kamer” (= House of Representatives), but still pending in the Senate. The individual assessment is not elaborated in the Implementation Act.

8. Not implemented yet!
February – August: Two pilots were conducted, testing an instrument for Individual Assessment of victims and establishing a working process Police/Prosecution office/Victim support. Why did it take so long? What are the results?

9. Individual Assessment
Working group starts 2013 (Ministry of Security and Justice)
Research reports:
Risk factors for repeat victimization (December 2013)
Measures to prevent secondary and repeat victimization (January 2014)
Impact analysis of the Individual Assessment (July 2014):
10 – 20 minutes
IT available?
 65 – 196 additional full-time police officers(!)

10. First contours of the Individual Assessment

11. Individual assessment - procedure

12. Step 1 – assessment trafficking human beings
Personal characteristics
Children
mentally handicapped /communication limitation
Nature of the crime
trafficking human beings
Seksual offences
Murder / menslaughter
Violence in close relationships
Stalking
Terrorism
Genderbased violence/ hatecrime
Other High Impact Crime
Circumstances
victim dependant on suspect
higher risk perception victim
earlier victimization within one year from the same offence
crime commited in organized context
exceptional circumstances

13. Step 2 - Measures
If victim is considered vulnerable because of the outcome of step 1: 2 questions: 1. Additional protection measures necessary? - consider also the wishes of the victim - If the answer is yes: 2. Wich protection measures are necessary to protect the victim? (Digital) manual will be developed to help the police officer to choose the right protection measures.

14. Step 3 - update
If the elements that form the basis of the individual assessment have changed significantly, Member States shall ensure that it is updated throughout the criminal proceedings. (art. 22 par. 7)
Update by
Police
Public prossecutors office
Role of victim support needs further discussion because of privacy aspects.

15. Second phase 2015 (!) Expert sessions  chain work process
Police - Victim Support – Prosecution – Probation – Judges ...
Police – VS – Prosecution
First version of the assessment form

16. How to test?
Different procedures first contact with police (report a crime: i.e. in person; by telephone; online)?
IT?
Personal characteristics of the victim?
Privacy of the victim?
New protection measures?
Where can testing find place?

17. How to test?
February 2016: two pilots started with a slim / workable version of the Individual Assessment
Development of questionnaire (fine-tuning)
In cases the victim reports the crime at the police station
Procedure: Police/Victim Support/Prosecution

18. Individual Assessment Form
This form is not part of the criminal file.
The victim is a minor
There is a specific criminal offense
Specific circumstances of the offense

19. There is a specific criminal offense
Sexual violence
Human trafficking
Terrorism
Murder / manslaughter
Organized crime

20. Are there specific circumstances of the offense?
Significant damage due to the seriousness of the offense
Offense motivated by prejudice or discrimination
Relationship with or dependence on the suspected
The victim is afraid of repetition and / or believes that there is increased risk
The officer believes that there is increased risk

21. Special measures
Protection of personal data in the criminal file / trial
Physical protection
There are (temporary) measures taken to protect the victim physically
Personal transfer
With the aim of effectively organize a form of physical protection or other form of help / support.
Care report
Providing additional information

22. No special measures
There are no sufficient grounds according to officer
The victim indicated that he/she explicitly not need special measures

23. The role of Victim Support
Police sends data to Victim Support, including Information IA
Use information contacting the victim: offer customized services
Updating IA (only with consent of the victim) 
Victim Support informs Police or Prosecution Office.

24. The role of Victim Support
150 cases from the Pilots  working sessions  development process Develop instruction (and training?) Develop IT

25. The role of Victim Support
Provide better services More attention for protection

26. Questions?