According to article 13b of the Dutch Drug Act, the mayor is authorized to close homes and buildings in case of violation of this act. The closure of these homes and buildings is considered as an administrative sanction with no punitive aim. However, in certain cases it is possible that the application of this sanction could to be considered as a criminal charge. If so, this might have consequences for a possible criminal prosecution, because of the concept that no legal action can be instituted twice for the same cause (ne bis in idem-principle). This could lead to the situation that the Dutch Public Prosecution Service might lose its right to prosecute. In the combat of ‘undermining criminality’ this would be a major upset.

The Dutch Minister of Justice has promised that a city’s mayor will be informed if a former prisoner, who was sentenced for a sex offense and/or serious violent crime, returns to the municipality. Because of an improved information position, the mayor is able to take founded and timely measures in order to prevent disturbances in public safety. To determine how this information can be organised in the best way, a pilot was carried out. The evaluation of this pilot suggests that the information meets a need, but that the information processing is vulnerable in certain parts. Following the evaluation the process will be adapted and may be rolled out nationwide.