Case Note: The Netherlands

Case citation: LJN BV5623 (appeal in cassation re Arnhem Appeal Court, 19 August 2010, LJN: BN4204) (Derogatory images on the internet; effectiveness of a disclaimer

Case Translation: The Netherlands

Gerechtshof ‘s Gravenhage 9 maart 2011 LJN: BP7080, Gerechtshof te ‘s-Gravenhage meervoudige kamer voor strafzaken (Appeals Court at The Hague, Criminal bench),dossier number: 22-002281-10, with thanks to Dr Maurice Schellekens for help with this translation. (Threats to kill posted on web site; accused posted comments by using the connection of a third party via wi fi without permission; whether using the computer of a third party without permission is an offence in Dutch law; electronic evidence

Case Note: The Netherlands

21 November 2007, LJN BC0337, Rechtbank (Lower Court) Amsterdam. Dr. Simone van der Hof

Case Note: The Netherlands

Case citation: LJN BV4738 (appeal in cassation re Arnhem Appeal Court, 16 June 2010, LJN: MB8100) (Automatic Number Plate Recognition (ANPR) data; improperly obtained evidence; lack of reasoning for the decision by the Appeal Court)

Police reform in the Netherlands.

The Dutch police system has been under pressure during the last decades. Critical debates focused on police’ dealing with the growing (perceived) insecurity, the administrative problems of size and efficiency, the core tasks of the police, the distribution of power over the police and it’s accountability. These issues have become even more relevant since integrated local safety policies have been developed to tackle public safety problems by the police together with more and different partners, within government or even outside of it. At the same time the national government wants to direct its local and regional partners more, while holding on to local performance. The aim of this article is to show the developments of the last decades that have influenced the (re)organization of the police and the way they are steered and democratically controlled. Police forces are now closely cooperating with other actors in rather complex safety networks, steered by local government and concentrating on their core tasks, leaving more tasks to other actors than in the past. Finding sensible balances between centrally organized tasks and variants of steering (direction), and more local organization and steering (discretion) will be crucial for the future of the public police