Police Judge Procedure in Tilburg

Police Judge Procedure in Tilburg

The police judge procedure provides an efficient and expedited resolution for minor criminal cases, such as traffic fines or simple assaults, specifically for Tilburg residents. These hearings take place at the District Court of Zeeland-West-Brabant in Breda, conducted by a single judge without a public prosecutor present. Tilburg residents typically receive a summons by mail with the hearing date.

Legal Basis of the Police Judge Procedure

This procedure is governed by the Code of Criminal Procedure (Sv), articles 306-319 Sv. Article 306 Sv states that the police judge handles cases where the maximum sentence demanded is four years' imprisonment, but in Tilburg practice, it concerns offenses 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 in advance, unless you agree to an earlier date.

Unlike standard criminal cases, there is no public prosecutor; the judge relies on the official report. This speeds up the process but requires thorough preparation, for example through the Juridisch Loket Tilburg.

The Procedure Step by Step

For Tilburg residents, the police judge procedure unfolds as follows:

1. Receiving the summons: Review the notice for the Breda hearing for facts, penalty, and date – correct any errors immediately.
2. Preparation: Respond in writing or seek assistance from Juridisch Loket Tilburg. If you deny guilt, it often leads to referral to a multi-judge panel.
3. Hearing in Breda: The judge reads the summons aloud; admit or deny guilt. Evidence and witnesses (rarely) are addressed.
4. Judgment: Delivered on the spot or within 14 days (article 318 Sv). An admission of guilt often results in an immediate penalty proposal.
5. Appeal: File within 14 days (article 319 Sv).

Typically, a single short hearing lasting 15-30 minutes for quick resolution.

Rights and Obligations as a Suspect

As a Tilburg resident in police judge proceedings, you have these rights:

• Right to be heard (article 310 Sv): Present your side of the story.
• Appoint a lawyer: Optional, but advisable in complex cases – seek help from Juridisch Loket Tilburg.
• Present evidence: Call witnesses or experts.
• Right to silence: No obligation to answer incriminating questions.

Obligation: Appear on time in Breda; failure to do so results in a default judgment (article 312 Sv) with a penalty imposed without defense.

Practical Examples for Tilburg

Example: Speeding on the A65 near Tilburg (180 km/h instead of 130). Summons to Breda; admission of guilt leads to an €800 fine plus driving ban. Statistics: The District Court of Zeeland-West-Brabant handled thousands of police judge cases in 2022, with 80% decided on the spot.

Or shoplifting at Tilburg's Westermarkt: Suspect denies, challenges CCTV footage. Judge suspends for further investigation – your right, though uncommon.

Comparison with Other Procedures

Faster than regular hearings. Overview:

Source: CBS and Rechtspraak.nl (2023).

Frequently Asked Questions

Tips for Tilburg Residents

Navigate successfully:

• Prepare: Gather evidence like witness statements or Tilburg Municipality documents.
• Admission? Often results in a lighter penalty.
• Seek help: Start with Juridisch Loket Tilburg for intake.
• Appeal: Consider if dissatisfied, within 14 days.