Community service in traffic cases: how many hours, how is it carried out, and when is it not allowed?
Community service is unpaid work that you perform as a punishment, and in traffic cases, the judge can impose up to a maximum of 240 hours. The public prosecutor can impose a maximum of 180 hours via a penal order, and for certain serious offenses or repeat offenses, the law prohibits community service without an unconditional prison sentence in addition.
In this article, you will read how community service works in traffic cases, how it is combined with a driving ban, how the execution proceeds, and what happens if you do not complete the hours.
What exactly is community service?
According to Article 22c, paragraph 1 of the Dutch Criminal Code (Sr), community service consists of performing unpaid work. The judgment or the penal order states the number of hours.
Colloquially, this is called community service. It is a principal penalty, just like a prison sentence or a fine. According to Article 22c, paragraph 2 of the Criminal Code, community service lasts a maximum of 240 hours. The judge may also impose community service conditionally, either wholly or partially (Article 14a of the Criminal Code), with a probationary period.
Who can impose community service in a traffic case?
The criminal court judge may impose a community service order of up to 240 hours. The public prosecutor may also do so, but via a penal order and up to a maximum of 180 hours (Article 257a, paragraph 2 of the Code of Criminal Procedure).
Before the public prosecutor imposes a community service order in a summary penal order, he must first hear you in accordance with Article 257c, paragraph 1, of the Code of Criminal Procedure. You will then be informed of the possibility of obtaining a lawyer. You can read how a summary penal order works and how to lodge an objection in our article on the penal order in traffic cases.
In traffic cases, community service sentences are primarily imposed for felonies. Examples include driving under the influence with a high blood alcohol level (Article 8 of the Road Traffic Act 1994), driving while under a driving ban (Article 9 of the Road Traffic Act 1994), extremely dangerous driving (Article 5a of the Road Traffic Act 1994), or an accident resulting in injury (Article 6 of the Road Traffic Act 1994).
Can community service be combined with a driving ban?
Yes. A driving ban is an additional penalty and can be imposed alongside community service. This combination is common in traffic cases.
The public prosecutor may combine a community service order with a driving ban of up to six months in a summary penal order (Article 257a, paragraph 2 of the Code of Criminal Procedure). The judge may impose a longer driving ban. A fine or a suspended prison sentence may also be added to the combination. You can find an overview of the possible penalties on our page about penalties and measures in traffic criminal law.
A driving ban can make carrying out the community service more difficult if you were to travel to the project by car. Discuss this with the probation service in advance so that the project is accessible.
How is community service carried out?
The Probation Service carries out the community service and the CJIB coordinates the execution. You will first receive a letter from the CJIB with an invitation for an intake interview.
According to Probation Service Netherlands During the intake, the probation service discusses your situation, such as work, studies, and physical complaints. You may express your preferences, but the probation service determines where and when you work. The agreements are recorded in a contract.
The work takes place on weekdays, in a group project or at an external organization such as a thrift store or hospital kitchen. Working on weekends is sometimes possible, but only after consultation with the probation service.
What if you are sick or unable to come?
You must report your absence by telephone to both the project and the probation service. The probation service may verify the reason for the absence.
Arriving late or failing to report an absence results in an official warning. If it happens again, the probation service will terminate the community service and this will be reported back.
What happens if you do not carry out the community service?
If you fail to perform the community service or perform it poorly, it may be converted into substitute detention. According to Article 22d of the Criminal Code, the judge already orders the amount of substitute detention when imposing community service.
For every two hours of community service, there is a maximum of one day of substitute detention. The substitute detention amounts to at least one day and at most four months (Article 22d, paragraph 3 of the Criminal Code). For a community service sentence of 120 hours, this is therefore at most 60 days.
The conversion takes place by order of the Public Prosecution Service. You will receive a letter regarding this, the notification of conversion. According to the CJIB You may lodge an objection with the criminal registry of the court mentioned in the letter within two weeks of receiving that letter. In that objection, you explain why you believe the conversion is unjustified, for example, because you were unable to attend due to illness.
When may the judge not impose community service?
Article 22b of the Dutch Criminal Code contains a prohibition on community service. In the cases listed therein, community service may only be imposed if an unconditional custodial sentence or measure involving deprivation of liberty is imposed in addition (Article 22b, paragraph 3 of the Dutch Criminal Code).
Serious offenses resulting in injury or death
According to Article 22b, paragraph 1, sub a of the Dutch Criminal Code, the prohibition applies to an offense punishable by imprisonment of six years or more and which resulted in a serious violation of the physical integrity of the victim.
For traffic accidents, Article 175 of the Road Traffic Act 1994 is relevant. An accident caused by ordinary negligence resulting in a fatal outcome carries a maximum penalty of three years. In the case of recklessness resulting in a fatal outcome, this is six years (Article 175, paragraph 2, Road Traffic Act 1994). The maximum penalties may be increased by half if the driver was under the influence, for example (Article 175, paragraph 3, Road Traffic Act 1994).
As a result, far from every serious traffic accident falls under the ban on community service. It depends on the degree of culpability, the aggravating circumstances, and the severity of the injury. You can read more about collisions resulting in injury in our article about Article 6 of the Road Traffic Act.
Repeat within five years
According to Article 22b, paragraph 2 of the Criminal Code, the prohibition also applies if you already received a community service order for a similar offense in the five years preceding the new offense. This applies if you have completed that community service or if substitute detention has been ordered.
This may be relevant in traffic cases involving repeated driving under the influence or repeated driving while suspended. The judge determines what qualifies as similar in the specific case.
What can we do for you regarding community service?
- We assess whether community service is legally possible in your case, in light of Article 22b of the Dutch Criminal Code.
- We prepare the Public Prosecution Service hearing or the hearing before the judge with you.
- We take your personal circumstances, such as work and family, into account when determining the sentence.
- We are examining whether a (partially) suspended community service sentence or another combination is open for discussion.
- We are filing an objection on your behalf against the conversion to substitute detention.
Summary
- Community service consists of unpaid work of a maximum of 240 hours before the court (Article 22c of the Criminal Code) and a maximum of 180 hours in the case of a penal order.
- Community service can be combined with a driving ban and a fine.
- The Probation Service carries out the community service; the CJIB coordinates.
- Failure to comply may lead to substitute detention: one day per two hours (Article 22d of the Criminal Code).
- For certain serious offenses and repeat offenses, a prohibition on community service applies (Article 22b of the Criminal Code).
Frequently asked questions about community service in traffic cases
Am I allowed to continue working during my community service?
During the intake, the probation service takes your work and studies into account. However, the probation service ultimately determines where and when you work the hours.
Will community service appear on my criminal record?
Yes. Community service is imposed for a criminal offense and is recorded in the judicial documentation. This also applies to community service in a summary penal order.
Can I object to the conversion into detention?
Yes. According to the CJIB, you must file an objection with the court stated in the letter within two weeks of receiving the notification of conversion. Do so in writing and explain why you disagree with the conversion.
Questions about your case?
Email us a few sentences explaining what your question is about, via info@lawandmore.nlWe will let you know if we can help you and what the next step is.
This article provides general information and does not replace advice regarding your specific situation.
