Introduction: What is Community Service and Why Does This Punishment Exist?
Community service is unpaid work imposed by a judge or the public prosecutor as the main punishment for a criminal offence. The work is unpaid, unlike, for example, a course or regular job. Community service is often imposed for a criminal offence, but alternatives such as a fine or prison sentence are also possible. This community service is an alternative to imprisonment and consists of a maximum of 240 hours of useful work at non-profit organisations under the supervision of the probation service. For convicts and their families, this means an opportunity to serve the sentence without the serious disruption to daily life that prison entails.
Community service is carried out through the Dutch Probation Service at organisations such as local authorities, hospitals, care institutions and the Dutch Forestry Commission. The work is unpaid and is intended as a contribution to society. The probation service plays a central role in supervising the execution of community service. Instead of disappearing behind bars, convicts can repay their debt to society by doing work that benefits the community.
This guide covers the entire process of community service, from sentencing to successful completion. You will learn what to expect, what rules apply, and how to avoid common mistakes that can lead to substitute imprisonment.
Understanding Community Service: Key Concepts and Definitions
Legal Basis and Definitions
The legal definition of community service can be found in Article 22b of the Criminal Code. Community service falls under the broader category of community service orders, which have been part of Dutch adult criminal law since 2001. There are two types of community service orders: community service (unpaid work) and educational orders (compulsory courses or training).
Different rules apply to minors, who are often given educational community service instead of community service. Both minors and adults can be given community service. The public prosecutor’s office can impose community service for less serious offences, while the judge can also impose this sentence during a hearing after considering the circumstances of the offence.
Relationship to the criminal justice system
Community service functions as a full-fledged main penalty alongside imprisonment and fines. The principle behind this sentence is that convicted persons repay their debt to society by performing useful work in their free time. During the community service order, the convicted person actually performs useful work under the supervision of the probation service. Normally, 60 hours of community service is equivalent to one month of imprisonment. Prison sentences can have negative psychological consequences and are more expensive than community service.
Community service cannot be imposed for all offences. Serious offences that affect physical integrity or offences for which a prison sentence of more than six years can be imposed exclude community service. Sometimes community service is chosen that is related to the offence, for example, removing graffiti after an offence of spraying graffiti. The suspect does not have to give their consent, but the work will only start after a discussion with the probation service about its practical feasibility.
Why Community Service is Important in the Dutch Legal System
Community service orders have proven benefits for both convicts and society. Research by the judiciary shows that convicts who perform community service are 47% less likely to reoffend compared to people who receive prison sentences. These lower recidivism rates make community service an effective punishment for crimes deemed suitable.
Every year, Dutch judges impose approximately 22,500 community service orders. Those serving community service orders work together for more than 2 million hours per year on projects that benefit society. From litter picking in parks to providing support in care institutions, the work contributes to a sense of community and rehabilitation. Community service is carried out under the supervision of the probation service, which is responsible for organising and monitoring the work. This ensures that community service is carried out in accordance with the conditions set and that the convicted person complies with the agreements.
Cost-effectiveness also plays an important role. Community service costs society about half of what a comparable prison sentence would cost. In addition, offenders retain their jobs, homes and social contacts, which contributes to successful reintegration.
Community Service Figures and Comparison
| Penalty | Costs per month | Recidivism rate | Social impact |
|---|---|---|---|
| Community service | €650 | 31 | Positive (2 million+ hours of useful work) |
| Prison sentence | €1,300 | 47 | Negative (isolation from society) |
| Fine | €45 | 28 | Neutral (no direct contribution) |
These figures show why community service orders are playing an increasingly important role in the Dutch legal system. An important feature is that community service is unpaid; it is intended as a form of social engagement and reintegration, in contrast to regular paid work. The sentences are carried out by approximately 180 community service officers at the Dutch Probation Service, who supervise thousands of ongoing community service sentences each year. Community service sentences are often carried out at social organisations, such as the municipality, where, for example, assistance is provided in retirement homes, park maintenance is carried out or litter is cleared from the streets.
Step-by-step: How a community service order works
Step 1: From Conviction to Invitation
After the judge or public prosecutor has imposed a community service order, the Central Judicial Collection Agency (CJIB) takes care of the administration. Within five months of the conviction, the Dutch Probation Service will contact the offender by letter with an invitation to an intake interview.
This period exists to give convicted persons time to lodge an appeal if necessary. It is important to understand that the community service order only officially starts after the interview with the Probation Service, but that postponing the intake interview does not extend the period for implementation. All administrative steps are then completed before the community service order actually starts.
Step 2: Intake interview and placement
During the intake interview, a community service officer will discuss your personal situation and options. Existing working hours, study conditions and any medical restrictions will be taken into account. Based on this consultation, the probation service will determine where and when you will carry out the community service order.
You can choose between group projects (working on larger projects together with other community service workers) or external placements at organisations such as hospitals, local authorities or the Dutch Forestry Commission. The interview will result in a contract setting out the rules, working hours and expectations regarding your behaviour and attendance.
Step 3: Execution and Monitoring
The community service order is carried out under the supervision of a work supervisor or work supervisors at the assigned organisation. Many people serving community service orders work at well-known institutions: from maintenance work at Staatsbosbeheer to administrative support in hospitals, work in the kitchen or administration of a hospital, and from cleaning work at local authorities to supervising activities in care institutions.
You keep track of how many hours you have worked via the digital client portal of the Probation Service. In case of illness or other circumstances that prevent you from attending, you must report this in good time in accordance with the agreed procedure. The Probation Service regularly checks whether the work is proceeding according to plan and offers guidance in case of any problems.
Role of the Probation Service in community service orders
The probation service is an indispensable link in the implementation of community service orders. Once a community service order has been imposed by the court or the public prosecutor’s office, the probation service takes over. They look for a suitable workplace that fits the situation of the convicted person, taking into account the type of offence, personal circumstances and opportunities within the region. The Probation Service ensures that the community service order is as closely related as possible to the offence committed, so that the work is not only useful to society but also contributes to the convicted person’s awareness.
During the community service, a probation service employee maintains close contact with both the convicted person and the work supervisor at the workplace. This ensures that the community service is carried out according to the agreed rules and within the set time frame. The probation service offers guidance, answers questions and intervenes if problems arise. If the rules are not complied with, the probation service can issue an official warning. In serious cases or in the event of repeated violations, the case is referred back to the public prosecutor’s office, which may decide to take further action. In this way, the probation service ensures that community service orders are carried out fairly, effectively and in accordance with the legal description.
Consequences of failing to comply with a community service order
Failure to comply with the agreements surrounding a community service order can have serious consequences for the convicted person. If you do not comply with the rules, for example by being absent without a valid reason or by being systematically late, the probation service will report this and an official warning may follow. If the convicted person remains in default, the probation service may decide to terminate the community service order and refer the case back to the public prosecutor or the court.
In that case, the community service order may be converted into a substitute custodial sentence. This means that instead of completing the remaining hours of community service, you will have to serve a prison sentence. The legal ratio is that for every 2 hours of community service not completed, 1 day of imprisonment will be imposed. This can quickly add up, especially in the case of longer community service orders. The substitute detention is served in prison, with all the consequences that this entails for your work, family and future prospects. It is therefore essential that you strictly adhere to the rules and agreements of the community service order and always contact the probation service in good time if you encounter any problems.
Objecting to the conversion of a community service order
When a community service order is converted into a substitute custodial sentence, the convicted person does not simply have to accept this. It is possible to object to this decision. This objection must be submitted in writing, usually within 14 days of receiving the conversion decision. In the objection, the convicted person must explain why the community service order was not (fully) carried out and demonstrate that there was a valid reason, such as illness or force majeure.
The judge will assess the objection and decide whether the conversion to substitute detention was justified. If the objection is upheld, the judge may decide that the community service order may still be carried out or that another penalty measure be imposed. It is wise to seek legal assistance, for example from a solicitor, when submitting an objection. This will increase the likelihood of your objection being well-founded and of the judge ruling in your favour. The objection process offers convicted persons a last chance to avoid having to serve a prison sentence for a community service order that has not been completed.
Common mistakes in community service orders
Arriving late without giving notice is the most common mistake. This leads directly to an official warning and, if repeated, to conversion to substitute detention. Each day of prison sentence is equivalent to two hours of community service that you have not performed.
Underestimating the consequences for your criminal record is a common mistake. A community service order is recorded in the judicial documentation and can have consequences for VOG applications (Certificate of Good Conduct) and certain jobs.
Insufficient communication with the probation service in the event of problems leads to unnecessary escalation. Many convicts mistakenly believe that they can arrange another place for their community service, while the probation service always determines this on the basis of suitability and availability.
Pro Tip: Contact your probation officer immediately if you encounter any problems. Proactive communication prevents minor problems from escalating into major consequences such as substitute detention.
Practical example: Community service at the Ministry of Defence in Oirschot
Case: Jan (32) was given 80 hours of community service for a traffic offence in which someone was slightly injured. As a full-time employee, he wanted to carry out the sentence without losing his job.
Starting point: After the intake interview, Jan was placed at the Ministry of Defence location in Oirschot, where he could work on weekends and one evening per week.
Work activities: Jan performed maintenance work on buildings, grounds maintenance and painting under the supervision of a foreman. The work is carried out in a structured environment with clear tasks.
Result: Jan successfully completed his community service within three months. Thanks to the flexible working hours, he kept his job and was able to repay his debt to society by doing useful work. Jan did his community service well and performed all tasks properly.
| Timeline | Milestone | Hours completed |
|---|---|---|
| Weeks 1-2 | Intake interview and placement | 0 |
| Weeks 3-6 | Start-up period | 32 |
| Weeks 7-10 | Regular implementation | 64 |
| Weeks 11-12 | Completion | 80 |
Frequently asked questions about community service
Will a community service order appear on my criminal record?
Yes, a community service order is recorded in the judicial documentation. This may have consequences for obtaining a Certificate of Good Conduct, depending on the type of position for which you are applying.
Can I lodge an objection to conversion to imprisonment?
Yes, within 14 days of the decision, you can lodge an objection to the conversion to substitute detention through a solicitor. It is important to do this in good time.
Do I have to take leave for the community service order?
Yes, community service is carried out in your free time. Your employer is not obliged to grant leave, so plan this well in advance with the probation service and your employer.
What happens if you fall ill during community service?
You must report your illness in accordance with the agreed procedure and, if necessary, submit a medical certificate. Being ill does not automatically extend the term, so resume the regular schedule as soon as possible.
Can I suggest a workplace myself?
No, the probation service always determines the placement based on suitability, availability and the type of offence. However, you can indicate your preference during the intake interview.
Conclusion: Key points about community service
Community service is an effective punishment that results in lower recidivism rates than prison sentences and at the same time contributes to society. With a maximum of 240 hours of work under the supervision of the Dutch Probation Service, convicts are given the opportunity to pay off their debt without the disruptive consequences of prison.
Strict compliance with the rules and timely communication with the probation service prevents conversion to substitute detention. Being part of the group of people who are given community service means a second chance to show that you can change your behaviour.
The purpose of community service goes beyond mere punishment – it contributes to rehabilitation and the prevention of new crimes. If you have any problems or questions about your community service, it is advisable to contact the Probation Service immediately or seek legal advice from a solicitor.
Next step: Do you have any questions about your specific situation? Please contact your probation officer or consult a solicitor at Law & More for personal legal advice about your community service order.