Order and security measures

An order and security measure is not a punishment

A disciplinary punishment penalises behaviour for which you are at fault. An order and security measure (ordemaatregel) is intended to prevent danger, end an unsafe situation or allow an investigation. You do not have to have done anything wrong for such a measure to be imposed.

A measure must not last longer than necessary. Once the danger has passed or the investigation is complete, there must be a fresh assessment of whether continuing the measure is justified. A measure cannot therefore continue solely because its original end date has not yet been reached.

Prisons

Grounds and authority

The Penitentiary Principles Act (Penitentiaire beginselenwet, Pbw) provides for exclusion from activities, isolation and camera surveillance in Articles 23, 24 and 24a. Other order and security measures are also possible, such as visits behind glass.

Article 23(1) and Article 24(2) Pbw provide the following grounds:

• order, safety or the undisturbed running of detention;
• protection of the prisoner;
• illness or reporting sick;
• a request by the prisoner that the governor considers reasonable and practicable.

In principle, the governor or their deputy decides. The power to exclude someone from activities or place them in isolation cannot be delegated to ordinary staff. Nor may a head of security be temporarily appointed as deputy solely for this purpose.

An order and security measure cannot be imposed conditionally. In principle, it must not be used to force someone to share a cell, and it must not create a permanently different regime. Taking part in activities individually may constitute an individual regime under Article 21 Pbw; this is not the same as exclusion.

Being heard and receiving a written decision

Before a measure is imposed or extended, you must be able to give your side of the story: this is the duty to hear you (hoorplicht, Article 57 Pbw). Exceptions apply in urgent cases, where your emotional state prevents a hearing, or where a measure is imposed because of illness. You do not have to be told in advance that a written record will be made.

Simply referring to ‘security interests’ is not enough to skip the hearing. The Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ) also ruled that having to fetch the governor from another unit did not justify hearing someone only after placing them in isolation.

You receive a dated, signed decision stating the specific reason and duration. Merely stating that your behaviour disturbed the peace is not enough: the actual behaviour must be described. The decision must be handed to you as soon as possible, in principle within 24 hours. The governor does not have to hand it over personally; circumstances for which no one is at fault may justify a delay.

Exclusion, isolation and duration

During exclusion (uitsluiting), you stay in your own cell and miss activities such as work, sport or recreation. Preventive action to avoid escalation is possible.

Isolation (afzondering) usually takes place in an isolation cell, but it can also take place elsewhere. If there are serious objections to carrying it out in your own institution or unit, another location may be chosen in agreement with the placement officer (selectiefunctionaris, Article 25 Pbw).

Exclusion and isolation on grounds of order, safety or protection initially last no more than two weeks. They can be extended by up to two weeks at a time, but only by the governor and after a fresh assessment and another hearing. Two weeks is a maximum, not a standard duration.

A measure imposed for an investigation must end once the investigation is complete and there is insufficient evidence of involvement. If a measure was imposed at your own request, you may expect it to stop when you ask for it to end.

Urgent situations: temporary confinement by staff

If the governor or deputy cannot be reached and immediate action is needed, staff may provisionally exclude you or place you in isolation. This temporary confinement by staff (bewaardersarrest) lasts no more than 15 hours, including the night (Articles 23(3) and 24(4) Pbw). Even a small overrun is not permitted.

The governor must be informed immediately and decides whether the measure should continue. The governor cannot personally impose temporary confinement by staff (bewaardersarrest). Failure to inform the governor immediately may lead to a complaint being upheld.

Rights and additional restrictions during isolation

You retain the right to one hour outdoors each day, usually alone. Contact with the outside world may be restricted, but visits and correspondence from your lawyer remain possible. You may telephone your lawyer when there is a need and an opportunity to do so. A request from your lawyer for you to call back is sufficient reason to assume that this need exists; see Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ), 6 March 2025, 24/38248/GA.

If isolation in an isolation cell lasts longer than 24 hours, the governor must notify the doctor and the supervisory committee (commissie van toezicht, Article 24(6) Pbw).

Mechanical restraints, which immobilise the body, may be used during isolation only to avert danger to your health or the safety of others. Article 33 Pbw permits their use for a maximum of 24 hours, extendable by 24 hours at a time. The doctor or their substitute and the supervisory committee (commissie van toezicht) must be informed.

Camera surveillance in an isolation cell must be necessary because of your physical or mental condition. The governor must first seek advice from a behavioural specialist or the institution's doctor and personally weigh up the interests involved. In urgent cases, advice must be sought as soon as possible afterwards. Continuing surveillance also requires assessment by a specialist. You receive a written, dated and signed decision.

Young offender institutions

Measures and decision-making

The Young Offender Institutions Principles Act (Beginselenwet justitiële jeugdinrichtingen, Bjj) governs exclusion from the group or activities, isolation, camera observation and time-outs.

In principle, the director or deputy decides. House rules cannot give a person responsible for treatment independent authority to decide. Before a measure is imposed or extended, the young person must be heard about its reason and duration (Article 61 Bjj). A dated and signed decision stating the reason, duration and available legal remedies must then follow as soon as possible, and no later than within 24 hours (Article 62 Bjj).

Parents do not have to be informed about a measure lasting less than 24 hours. If they are informed against the wishes of a young person who is legally an adult, this may violate that person's privacy under Article 8 of the European Convention on Human Rights (EVRM).

Time-out

A staff member may temporarily remove a young person who disrupts the peace of the group from the group or shared activities. This must help improve their behaviour; the aim is educational correction (Article 23a Bjj).

A time-out lasts no more than one continuous hour. Multiple time-outs must not exceed a total of two hours in any 24-hour period. The director records each use and discusses the register with the supervisory committee (commissie van toezicht) every three months.

Exclusion and isolation

Exclusion (uitsluiting) may be necessary for reasons of order, safety, the undisturbed running of detention, protection, illness or a reasonable and practicable request by the young person. The young person then stays in their own room. Outdoor exercise must not be taken away.

Under Article 24 Bjj, exclusion initially lasts no more than two days. It can be extended by up to two days at a time, provided a fresh assessment shows that it is necessary.

Isolation (afzondering) may be imposed on the same grounds, in an isolation cell or another room. The maximum duration under Article 25 Bjj is:

• under 16: one day, extendable once by one day;
• aged 16 and over: two days, extendable once by two days.

The director must ensure necessary contact with staff. Activities stop unless the director decides otherwise; daily outdoor exercise remains available. If isolation lasts longer than 24 hours, the supervisory committee (commissie van toezicht), doctor and parents or other carers involved must be informed immediately. Failure to do so may lead to a complaint being upheld.

Urgent situations and additional measures

Where exclusion or isolation is immediately necessary and the director or deputy cannot be reached, staff may impose temporary confinement by staff (bewaardersarrest) for no more than 15 hours. The director must still hear the young person afterwards.

Mechanical restraints are permitted only if the young person poses a serious danger to their own health or the safety of others. Article 38 Bjj sets a maximum of 12 hours for young people under 16 and 24 hours for those aged 16 and over. The doctor and supervisory committee (commissie van toezicht) must be informed immediately. In urgent cases, a staff member may intervene for no more than four hours; the director, doctor and committee must then be notified without delay, within 24 hours.

Camera observation is permitted only in an isolation cell where the young person's physical or mental condition requires it. Advice from a behavioural specialist or the institution's doctor is required beforehand, or, in urgent cases, as soon as possible afterwards (Article 25a Bjj).

At the young person's own request or because of illness

Exceptions apply to exclusion or isolation at the young person's own request or because of illness: a hearing and written notification are not required, the decision is not reserved solely to the director, and the statutory maximum duration does not apply. The measure generally lasts as long as the illness or the young person's wish continues. A request by the young person must be reasonable and practicable.

Forensic psychiatric institutions under a TBS order

Units and freedom of movement

The Principles Act on the Care of Persons under a TBS Order (Beginselenwet verpleging ter beschikking gestelden, Bvt) in principle gives patients the right to spend four hours each day with other patients. Order and security measures (ordemaatregelen) may restrict this freedom of movement.

Placement or transfer to a unit may be necessary for public safety, order and safety within the institution, or implementation of the treatment plan (Article 31 Bvt). Increased freedom may be subject to conditions, such as taking part in activities or work.

Placement in an intensive care unit may also serve to avert a serious danger to health. There, you retain the right to contact with other patients at least twice a day for half an hour each time. The need for this placement must be reassessed at least every six months (Article 32 Bvt).

Confinement to the unit, room isolation and seclusion

Confinement to the unit (afdelingsarrest) restricts you to your own unit for up to four weeks at a time (Article 33 Bvt). There is no statutory limit on the number of extensions. A collective measure may be justified, for example during a drug investigation. The Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ) also accepted confinement to the unit for all patients because of a clinic-wide security problem: 21 January 2022, 22/25378/STA.

Room isolation (afzondering) takes place in your own room; seclusion (separatie) takes place in another room. The grounds are public safety, order and safety, or a serious danger to your health. Article 34 Bvt permits a maximum of four consecutive weeks. Each extension of up to four weeks requires both written ministerial authorisation and a reasoned extension decision. There is no statutory limit on the number of extensions.

In an urgent situation, the head of the unit may impose seclusion (separatie) for no more than 15 hours, including night-time hours. The director must hear you within that period. Room isolation (afzondering) at your own request must be necessary for treatment or care; the director must continue checking whether it is needed.

A measure imposed for an investigation must stop once the investigation is complete and there is insufficient evidence of involvement.

Camera surveillance and procedure

Camera observation during room isolation (afzondering) or seclusion (separatie) is permitted only where necessary to protect your physical or mental condition (Article 34a Bvt). A psychiatrist or doctor must advise beforehand or, in urgent cases, as soon as possible afterwards.

The Council for the Administration of Criminal Justice and Protection of Juveniles (RSJ) accepted camera surveillance where prohibited items were suspected to have been swallowed or inserted into the body, with surveillance ending once the medical danger had passed: 20 May 2022, 21/24515/TA.

The director hears you beforehand about the reason and duration. You receive a dated, signed and reasoned decision, in principle within 24 hours. Circumstances may justify it being handed to you slightly later.

Making a complaint or lodging an objection

The written decision must explain how and within what time limit you can make a complaint (beklag), and how to request suspension (schorsing): temporarily stopping all or part of the measure's implementation.

Special limits apply in TBS institutions. You can make a complaint (beklag) about restrictions on freedom of movement where they affect the right to spend at least four hours with other patients. Article 57 Bvt also sets waiting periods:

• confinement to the unit (afdelingsarrest): after it has lasted one week;
• seclusion (separatie): after one day;
• room isolation (afzondering): after two days.

The day of the decision does not count towards these periods.

Procedural errors can themselves lead to a complaint being upheld. In KC 18 July 2016, 2016/065, there were sufficient grounds for the measure, but the late delivery of the decision nevertheless led to it being set aside and €10 in compensation being awarded. In KC 21 February 2018, 2018/003, there was insufficient explanation of why a less intrusive approach would not have been enough; the temporary transfer was disproportionate and led to €50 in compensation.

Were restrictions ordered by the public prosecutor (officier van justitie) or investigating judge (rechter-commissaris) under Articles 62 and 62a of the Code of Criminal Procedure (Wetboek van Strafvordering)? You or your lawyer can lodge an objection (bezwaar) with the court. The complaints committee (beklagcommissie) only assesses how the governor carries out the order.

What does this mean for you?

Keep the decision and note when the measure began, when you were heard and when you received the decision. Check the reason, end date and any extension. Discuss any missing explanations, exceeded time limits or the measure no longer being necessary with your lawyer. If a measure was imposed at your own request, clearly state when you want it to end.

This page draws on the expertise of Mr. S.P.C. (Stan) Broekmans, a specialist in detention law at Hameleers Antonides Advocaten. Do you have a question about your own situation? Please get in touch; an initial assessment is free.

Other topics

• Arrestant detainees
• Belongings
• Camera surveillance
• Compensation
• Complaints procedure (beklagprocedure)
• Compulsory treatment