Dutch prosecution service scraps plan to let prosecutors ignore community-service ban

The top of the Openbaar Ministerie sought to allow prosecutors to set aside the legal prohibition that limits repeat offenders to one community-service sanction within five years, aiming to increase the use of penalty notices for everyday offences. After the proposal sparked unrest among senior prosecutors, the works council and other officials, the plan was halted just days before implementation. Internal papers show the move was linked to a wider strategy to make penalty notices the default for ‘light’ crimes carrying up to six years of imprisonment.

Critics warned the approach could effectively eliminate custodial sentences for certain offences and reduce judicial oversight. The College of procureurs-generaal also considered incentive schemes for districts to meet penalty-notice targets, though these remain pending due to technical issues. Ultimately, the OM leadership decided the community-service exemption would not be pursued, citing limited benefit versus effort.