Netherlands National Drug Monitor - Research and Documentation ...

Table 9.6 Percentage of cases disposed of in court in the first instance, by hard and soft drugs,
2002-2008 I 2002 2003 2004 2005 2006 2007 2008
Total cases (all laws) 128 808 148 266 145 905 145 165 146 754 139 769 140 694
Opium Act cases 10 703 12 714 12 143 12 199 13 023 11 845 11 487
% Opium Act of total 8% 9% 8% 8% 9% 8% 8%
Opium Act by drug type
- Hard drugs 66% 65% 58% 52% 50% 51% 51%
- Soft drugs 31% 31% 38% 43% 45% 45% 45%
- Hard and soft drugs 3% 3% 4% 4% 4% 4% 4%
Unknown 0% 0% 0% 0% 0% 0% 0%
I. More than one case may be registered per accused. Source: OMDATA, WODC.
Penalties imposed
Data is available up to 2007 which can show which penalties are imposed on drug
law offenders. Figure 9.6 shows the number of penalties imposed by the court in the
first instance from 2002 to 2007: community orders, (partial) unconditional custodial
sentences and fines, and the number of cases disposed of by the Public Prosecutor with
a financial order 11
• The most frequently imposed penalty in 2007 consisted of community service orders.
This number declined between 2006 and 2007, putting an end to the continuously
rising trend up to 2007.
• The average duration of a service order declined in 2007 compared to previous years.
The average number of community service days imposed in 2007 was 106 days,
which is relatively short (table 9.7).
• In 2007, over 4,000 (partially) unconditional custodial sentences were handed down,
which continues the clear decline since 2003. However, percentage-wise there was
no change between 2006 and 2007 (17%; not in table).
• The ratio of community service orders to (partially unconditional) custodial sentences
was reversed between 2004 and 2005. Since then more community service orders
than prison sentences have been imposed.
• (Partially) unconditional) custodial sentences are mainly imposed for smuggling, production
or trafficking of hard drugs. They are imposed relatively rarely for possession of soft
drugs. In recent years community service orders have mainly been handed down for
smuggling, production or trafficking of soft drugs (Van Ooyen et al., 2009).
• For a drugs offence, the average duration of a custodial sentence in 2007 was 340
days, which is longer than in 2006 (table 9.7).
• In addition to (partially) unconditional) custodial sentences, fully conditional custodial
sentences are handed down – a total of over 1,700 in 2007 (not shown).
11 The number of dispossessions cannot be retrieved in a reliable way from OMDATA and is therefore not listed.
9 Drug-related crime
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