Police Judge Procedure at The Hague District Court
For residents of Delft, the police judge procedure is an efficient way to resolve minor criminal cases, such as fines for speeding on the A13 or simple altercations in the city center. This procedure takes place before the police judge of the District Court of The Hague, in a single-judge bench, without a public prosecutor present at the hearing. Delft residents typically receive a summons by mail for a hearing in The Hague.
Legal Basis in the Code of Criminal Procedure
The procedure is set out in the Code of Criminal Procedure (Sv), Articles 306-319 Sv. Article 306 Sv provides that the police judge handles cases with a demand of up to four years' imprisonment, but in Delft practice it is limited to offenses carrying a maximum of three months' imprisonment or a €22,500 fine (Article 23 Sr). Article 307 Sv requires service of the summons at least six days in advance, unless you consent to earlier service.
Unlike standard criminal cases, the public prosecution service is not present; the judge relies on the official report. This accelerates the process but requires thorough preparation, possibly with assistance from the Juridisch Loket Delft.
The Procedure in Steps for Delft Residents
Here is how the police judge procedure unfolds at the District Court of The Hague:
- Receiving the Summons: Immediately verify the accuracy of the offense, proposed penalty, and hearing date in The Hague.
- Preparation: Respond in writing or engage a lawyer through the Juridisch Loket Delft. If you deny guilt, the case is often referred to a multi-judge bench.
- Hearing at the District Court of The Hague: The judge reads the summons; admit or deny guilt. Evidence and witnesses (rarely involved) are then addressed.
- Judgment: Usually issued immediately, or within 14 days (Article 318 Sv). An admission often results in an immediate penalty proposal.
- Appeal: Must be filed within 14 days (Article 319 Sv).
Typically, it involves one short hearing lasting 15-30 minutes, ideal for busy Delft residents.
Rights and Obligations as a Suspect from Delft
Your rights in this procedure:
- Right to Be Heard (Article 310 Sv): Present your version of the facts.
- Appoint a Lawyer: Not required, but advisable for complex cases; free advice available at the Juridisch Loket Delft.
- Present Evidence: Summon witnesses or experts.
- Right to Remain Silent: No obligation to answer incriminating questions.
Obligations: Attend on time at the District Court of The Hague. Failure to appear results in a default judgment (Article 312 Sv), imposing a penalty without your defense.
Local Examples from Delft Practice
Example: Speeding (150 km/h on the Delft ring road). You receive a summons to the police judge; upon admission, you get a €750 fine and driving disqualification. In 2022, the District Court of The Hague processed over 12,000 police judge cases, with 75% resolved on the spot.
Or shoplifting at a Delft supermarket: You deny the charge, citing blurry footage. The judge may suspend for further investigation – uncommon, but possible.
Comparison with Other Procedures
Faster than regular hearings. Overview:
| Aspect | Police Judge | Regular Hearing | Settlement |
|---|---|---|---|
| Duration | 1 hearing (15-30 min) | Multiple days | In writing |
| Public Prosecutor | Absent | Present | None |
| Max. Penalty | 3 months prison / €22,500 | Unlimited | Fine up to €500 |
| Lawyer | Not mandatory | Recommended | Not needed |
Source: CBS and Rechtspraak.nl (2023).
Frequently Asked Questions for Delft Residents
Can I bring a lawyer to the District Court of The Hague?
Yes, always allowed. For low-income individuals: subsidized counsel via Juridisch Loket Delft (Article 12 Act).
What if I don't show up?
Default judgment with penalty imposed. Always request a postponement (Article 312 Sv) or notify the Delft Municipality.
How soon is the judgment issued?
Immediately upon admission, otherwise within 14 days. Appeal within 14 days (Article 319 Sv).
Does a police judge penalty appear on my criminal record?
Yes, fines and conditional sentences are visible for 5 years; lighter cases expire sooner (Article 304 Sv).
Tips for Delft Residents
Successfully navigate the process:
- Prepare Thoroughly: Collect evidence such as dashcam footage from Delft roads.
- Consider Admitting Guilt: Often results in a reduced penalty.
- Seek Assistance: Start with Juridisch Loket Delft for free advice.
- Appeal: File promptly if dissatisfied with the judgment.