On 25 March, the "Order on Videoconferences" was amended to allow for the use of video conferencing in all types of criminal defence proceedings in the Netherlands.
The previous order included certain categorical exceptions, including in respect of minors, defendants with a mental disability, serious crimes (e.g. certain sexual crimes or those resulting in death), and where the victim had decided to exercise their right to address the court. In the amended order, these exceptions have been deleted, as a result of which conferencing is now in principle permitted in all criminal defence proceedings.
The decision whether to make use of video conferencing is made by the delegated judge, who is required to take into account all relevant circumstances, including any objections made by the defendants or victims. As a general rule, it is still not considered appropriate to make use of video conferencing where the victim has expressly indicated that it wishes to exercise their right to address the court at a physical hearing.
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