For frequently occurring offenses, guidelines have been developed to guide judges in determining the appropriate sentence.
The National Consultation on Criminal Law Content (LOVS) unites all criminal law departments of district courts and courts of appeal. The aim of LOVS is to promote legal uniformity, legal certainty, expertise, and improvement of work processes. To achieve this goal, LOVS publishes various recommendations and guidelines that have been developed in consultation and collaboration with criminal judges. These recommendations and guidelines are not binding for individual criminal judges in specific cases.
Over the years, LOVS has also made other agreements to promote legal uniformity, including rounding rules for fines, standard amounts for compensation for time spent in custody or pre-trial detention “unjustly”, standard compensations under Articles 89 and 591a of the Code of Criminal Procedure, and substitute detention for fines, compensation measures, and community service orders.
Accountability
In 1998, LOVS (National Consultation on Criminal Law Content, formerly National Consultation of Chairs of Criminal Divisions of Courts of Appeal and District Courts) took the first step towards developing a consistent national sentencing policy. It was decided to gradually establish sentencing guidelines for a number of frequently occurring offenses to guide judges in imposing sentences.
Sentencing guidelines represent the sentence that judges typically impose for the modal offense (the most common form of the criminal offense). They are established after an inventory of sentencing practices and consultation with all courts. The guidelines are adopted by LOVS upon proposal by the Legal Uniformity Committee. In 2016, new guidelines for juvenile criminal law were added to the existing sentencing guidelines. These guidelines are prepared by the Expert Group of Juvenile Judges and then adopted by LOVS, after consulting the Legal Uniformity Committee. Once adopted, they are published on the website www.rechtspraak.nl.
Sentencing guidelines serve as a starting point for considering the sentence to be imposed. They provide judges with a reference and the ability to point to a national practice when sentencing. The guidelines are not binding on judges. In individual cases, they are responsible for determining and imposing an appropriate sentence.
The guidelines for juvenile criminal law are preceded by a number of remarks that the (juvenile) judge can take into account when sentencing.
In addition to these instruments to promote legal uniformity in sentencing, LOVS has made a number of agreements over the years to promote legal uniformity. Examples include rounding rules for fines, standard amounts for compensation for time spent in custody or pre-trial detention “unjustly”, standard compensations for legal aid costs, and tables for substitute detention for fines and coercive detention for compensation measures and substitute detention for community service orders. These LOVS agreements are also included in this document. A distinction is also made between LOVS agreements for adult criminal law and juvenile criminal law. Where no separate LOVS agreements for juvenile criminal law are included, the LOVS agreements for adult criminal law can be followed.
The Legal Uniformity Committee periodically evaluates whether the sentencing guidelines and LOVS agreements still adequately align with practice or whether changes need to be made. Regarding the guidelines and LOVS agreements for juvenile criminal law, the Legal Uniformity Committee is advised by the Expert Group of Juvenile Judges.
The National Bureau for Judicial Content is responsible for publishing the (updated) sentencing guidelines and LOVS agreements.
