Rise in combination punishments with hospital orders: Pauline Schuyt warns of risks
photography: Donald Tong
Pauline Schuyt, Professor of Penal Law and Sentencing, spoke on Dutch current affairs programme ‘EenVandaag’ about the stark rise in combination punishments that include penal hospital orders (in Dutch: terbeschikkingstelling, TBS) and custodial sentences.
Since 2019, the number of combination punishments has more than doubled, causing concern among TBS treatment clinics.
Although combination punishments are designed to protect society, Professor Schuyt warned on EenVandaag of the risks of the combination of long custodial sentences and TBS treatment: ‘A long prison sentence can undermine a person’s motivation for treatment, while treatment is actually essential for ensuring safe reintegration in society.’
Pauline Schuyt argues that the rise in combination punishments partly stems from society’s increasing demand for retribution for crimes on the one hand, and the European Court's obligation to offer offenders with life sentences the prospect of release, on the other hand. She emphasises how TBS treatment is increasingly used to prevent offenders with life sentences from returning to society at all. Since TBS treatment may only be implemented two years prior to an offender’s intended release date, Professor Schuyt refers to the combination of a lengthy prison sentence and TBS treatment as ‘unfortunate’ due to the order and timing of punishment and treatment being difficult to implement in a way that is effective.
These concerns have come to light in a number of recent criminal cases. For example, the perpetrator of a fatal stabbing in Groningen received the combination punishment of a prison sentence and TBS treatment. However, it can take years before the treatment process gets underway, despite the importance of therapy starting at an early stage. TBS treatment clinics are also calling for restraint, as combination punishments can result in stagnated treatment and therefore a higher risk of reoffending.
More information
Read the full EenVandaag article here (in Dutch)
Photo: Donald Tong