Number and percentage of female prisoners
Variation in the number of female prisoners
increased by 1.9%
Percentage of untried female prisoners
Percentage of foreign female prisoners
There are three facilities for women: Ter Peel prison (south-east wing, capacity for 226) in Evertsoord, Nieuwersluis prison (capacity for 220) in Utrecht, and Zwolle prison (capacity for 143).
There is an effective separation between men and women
Untried female prisoners are separated from the convicted
The prison staff is
male and female in equal number
Body searches are conducted by a female member of staff:
- Pat down searches may be conducted by male staff, only when strictly necessary
- Strip searches are always conducted by female staff
The prison service takes the specific needs of female prisoners into account, providing, for example, gynaecological consultations, as well as access to female sanitary products and contraception.
Conjugal visits are allowed for women
yes, with proof of long-term relationship
Women benefit from the same provisions as men with regard to conjugal visits. The facility director verifies the validity of the relationship. Conjugal visits are permitted once a month.
The legislation provides for a sentence adjustment for pregnant women or women with young children
Pregnant women receive proper prenatal care
Childbirth takes place in
external care facilities
Pregnant inmates are admitted to a regional healthcare facility two weeks before their due date. The mother remains in hospital for ten days after delivery, before returning to prison with her newborn child. The child welfare service (Advies- en Meldpunt Kindermishandeling) must approve this transfer. Ter Peel prison is equipped with a nursery for children over eight weeks old.
The use of instruments of restraint is forbidden during labour and childbirth
Mothers are allowed to keep their children with them
yes, until 9 months
Children, regardless if they are breastfed, remain with their mothers until the age of nine months.
The Dutch authorities consider the prison environment to be non-conducive to child development.
The only facility that is fully adapted to offer places to mothers with young children is Ter Peel prison in Evertsoord. The facility has a mother and child unit (Moeder met Kindhuis, MMK). Children can stay here with their mother until the age of four. Only mothers who are eligible for semi-open placement have access to this unit. The unit has a play area. A day-care centre located near the prison accommodates children during the day.
Security staff in these units wear a uniform.
The prison service takes the specific needs of children into account, namely food, clothing and medical care.
The law bans the imprisonment of minors
Article 77h, paragraph 1(a) of the Penal Code provides for the imprisonment of minors convicted of criminal offences.
Minimum age of juvenile incarceration
12 years old
The age of legal majority is 18 years old.
Variation in the number of incarcerated minors
Ministry in charge of juvenile offenders
Ministry of Justice and Security
(Ministerie van Justitie en Veiligheid)
Minors are subject to a specific justice system. A number of provisions of the Penal Code apply exclusively to them.
They are brought before a juvenile court and placed in dedicated juvenile facilities.
Juvenile criminal law may also be applied to adults aged between 18 and 23 years, following analysis of their maturity and personality by the judge in charge of the case.
The main sanctions provided for in the Penal Code (art. 77h) are as follows:
for an offence: detention, community service or a fine. Minors who were under the age of 16 at the time of the offence may be imprisoned for a period of between one day and 12 months. Minors aged between 16 and 18 years at the time of the offence may be imprisoned for a period of up to 24 months (art. 77i).
for a minor offence: community service or a fine
Community service may be carried out in the form of:
- unpaid work or work to repair the damage caused by the offence
- educational sentence (learning project)
- combination of both
Figures on juvenile prisoners are published
on a regular basis
Juvenile prisoners are separated from adults
The sentencing of persons between the ages of 18 and 23 under the juvenile justice system means that minors and young adults may be detained in the same facility
The law provides for single cell accommodation for juvenile prisoners
The schooling of minors is compulsory
Schooling is compulsory in the Netherlands for children aged five to sixteen (1969 education law).
Juvenile inmates attend school for around 25 hours a week, from Monday to Friday. Each class has a maximum of seven to eight students, either from within the prison or from other child protection facilities. The teaching is comparable to that of a regular school.
The law prohibits strip searches for juvenile prisoners
The law forbids solitary confinement for juvenile prisoners
The law permits the placement of juvenile prisoners in solitary confinement as a last resort.1 This placement is decided by the prison director. It is limited to one day for minors under the age of sixteen and two days for those over sixteen.
Article 25 of the Regulation on Legal Principles for Juvenile Facilities. ↩
Specific activities are planned for minors.
The TOPs! programme is aimed at young people aged between 12 and 23 whose behaviour is considered problematic. It is based on cognitive psychology.
The Work-Wise programme supports young prisoners in their choice of training or future work. It is offered to all minors imprisoned for more than three weeks.
Most of the juvenile centres also offer cognitive-behavioural or sensory stimulation therapy (Eye Movement Desensitization and Reprocessing, EMDR).
Variation in the number of foreign prisoners
increased by 14%
Foreign prisoners are informed of their right to communicate with their consular representatives
The prison regulations are translated for foreign prisoners
Foreign prisoners can be assisted by an interpreter
Foreign prisoners may be assisted by an interpreter during police interrogations and court proceedings, free of charge. They receive the same assistance during meetings with their solicitors.
Foreign prisoners are entitled to legal aid
There is no discrimination between foreign and national detainees concerning the right to legal aid/counseling.
Illegal residence on Dutch territory is not punishable by imprisonment. It is subject to administrative law and, more specifically, to the Aliens Act of 2000.
Foreign prisoners are allowed to remain in the country after having served their sentence
Foreign prisoners are allowed to make phone calls to their home country. The cost of these calls is borne by them. The charges, set by the private operator Teleo, are considered excessively high.
Cumulative sentences have a limit
Life sentences are banned
Article 10 of the Penal Code allows for life imprisonment.
Article 77b, paragraph 2, excludes minors from this.
People serving a life sentence
Variation in the number of people serving a life sentence
increased by 3.2%
Life sentences are imposed in cases of “serious violation of State security” (Article 92 et seq. of the Criminal Code), “serious violation of the dignity of the Crown” (Article 108 of the Criminal Code), “serious violation of the general security of property and persons” (Article 168 of the Criminal Code), terrorism (Article 282b of the Criminal Code), capital murder and homicide. In practice, only the last two infractions have resulted in a life sentence.
There are specific prison facilities for life-sentenced prisoners
Prisoners serving a life sentence may apply for a pardon (gratie) after serving 23 and a half years of the sentence. A dedicated Advisory Committee (Adviescollege Levenslanggestraften) then determines whether the applicant is eligible for rehabilitation, participation in activities with view to this rehabilitation, and qualification for temporary release(verlof). The Ministry of Justice and Security decides, on the advice of the Advisory Committee, whether or not to implement the proposed rehabilitation programme.
The Advisory Committee considers four criteria:
risk of recidivism (recurrence of a similar offence)
risk of re-offending (committing of a different offence)
applicant’s behaviour during his/her detention
consequences for the victims and their family, and the risk of reprisals (see Art. 4 of the Besluit Adviescollege Levenslanggestraften).
The Advisory Committee was established on 1 March 2017. Its investigation does not constitute review of the sentence. No release is possible before at least 25 years of detention.
Variation in the number of untried prisoners
increased by 2.5%
Untried prisoners are separated from the convicted
The law provides for release on bail for untried prisoners
Untried prisoners do not benefit from any special detention regime in line with the presumption of innocence. There are fewer employment possibilities than in prisons for convicted prisoners, and access to conjugal visits or temporary release is very restricted.1
Boone M., Jacobs P., Lindeman J., “DETOUR - Towards Pre-trial Detention as Ultimo Ratio, October 2016, p.3. ↩
The prosecution or imprisonment of a person on the grounds of their sexual orientation or gender identity is banned
LGBTI persons are separated from other prisoners
at the prisoner’s request
The service offers all vulnerable prisoners the possibility to be placed in a dedicated unit or cell.
Assignment of transgender prisoners to a specific facility depends on
their biological sex
Transgender prisoners are entitled to customised searches
Transgender prisoners benefit from specific health care
Conjugal visits are allowed for LGBTI prisoners
Persons with disabilities
The prison service keeps a record of prisoners with disabilities
Prison facilities are adapted to the needs of prisoners with disabilities
Disabled prisoners in need of support are assisted by fellow inmates, guards and nursing staff, employed by the prison service or otherwise.
Death penalty is abolished
yes, since 1952
The death penaltyis abolished since 1870 for common law crimes.