Police Judge Procedure at Utrecht District Court

Police Judge Procedure at Utrecht District Court

The police judge procedure offers an accelerated and streamlined process for less serious criminal cases in Utrecht, such as traffic fines on the A27 or simple altercations in the city center. At the Utrecht District Court, a single judge handles these matters efficiently, without the public prosecutor appearing at the hearing. Local suspects in Utrecht typically receive a summons directly by mail or served in person.

Legal Basis in Utrecht

This procedure is governed by the Code of Criminal Procedure (Sv), Articles 306-319 Sv. Article 306 Sv establishes the police judge at Utrecht District Court as competent for offenses where the prosecutor seeks a maximum of four years' imprisonment, but in practice limited to facts 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 before the hearing, unless you agree to a shorter period.

Unlike standard criminal cases, the public prosecution service is absent; the judge relies on the police report. This speeds up proceedings in busy areas like Utrecht, but requires thorough preparation—consider advice from the Legal Aid Office Utrecht.

The Procedure Step by Step at Utrecht District Court

Here is an overview of the steps in Utrecht practice:

1. Receive Summons: You get a notice with details of the offense, proposed penalty, and hearing date at Utrecht District Court. Check immediately for errors.
2. Preparation: Respond in writing or seek assistance via the Legal Aid Office Utrecht. If you deny guilt, the case often proceeds to the multi-judge chamber.
3. Hearing: The judge reads the summons aloud. Do you admit or deny? Evidence and any witnesses are addressed.
4. Judgment: Usually immediate, or within 14 days (Article 318 Sv). Admissions often lead to a proposed penalty.
5. Appeal: File within 14 days (Article 319 Sv).

A typical hearing lasts 15-30 minutes, ideal for Utrecht commuters.

Rights and Obligations as a Suspect in Utrecht

Your rights at Utrecht District Court include:

• Right to be heard (Article 310 Sv): Present your version of events.
• Legal representation: Optional, but advisable for complex cases—free initial advice at the Legal Aid Office Utrecht.
• Presenting evidence: Call witnesses or experts.
• Right to silence: Remain silent on incriminating questions.

Obligations: Attend on time; failure results in a default judgment (Article 312 Sv) with a penalty imposed without your input.

Practical Examples from Utrecht

Example: Speeding on the A2 near Oudenrijn junction (180 km/h instead of 130). Summons to police judge at Utrecht District Court; admission leads to €800 fine plus driving ban. In 2022, Utrecht District Court handled over 12,000 police judge cases, with 75% resolved on the spot.

Or: Shoplifting at a supermarket on Amsterdamsestraatweg in Utrecht. Suspect denies, challenges CCTV footage. Judge adjourns for further investigation—a rare but possible right.

Comparison with Other Procedures

Faster than regular hearings at Utrecht District Court:

Source: Rechtspraak.nl and CBS (2023, Utrecht data).

Frequently Asked Questions for Utrecht

Tips for Success at Utrecht District Court

Practical advice:

• Prepare: Gather evidence like dashcam footage or Utrecht witnesses.
• Consider admitting: Leads to reduced penalty and quicker resolution.
• Seek help: Start with free intake at Legal Aid Office Utrecht.
• Appeal: Consider if dissatisfied, within 14 days.