Restorative Trajectories in Flanders: An Analysis of Legislation and Practice

• In Event: Inclusion, Problem-Solving and Sentencing

Abstract

The first Problem-Solving Court (PSC) in Belgium was established in 2008: the Drug Treatment Court (DTC) in Ghent. This initiative allows judges to offer defendants the opportunity to address their drug-related issues and other criminogenic factors before sentencing. The DTC is characterized by an immediate and adjusted response by the justice system enabled by intensive supervision and regular court appearances. Over time, various pilot projects, like the DTC in Ghent, emerged across Belgium, differing in name and practice – Drug Treatment Courts, Drug Treatment Trajectories, Drug Monitoring Chambers, Restorative Trajectory Courts, and Youth Monitoring Chambers, among others. Reflecting these developments, a law defining these pilot projects as ‘restorative trajectories’ was voted on 18 January 2024.

While this law codifies pre-existing pilot projects, questions arise regarding its compatibility with the diverse practices in place. This research examines the differences between the law in books and the law in action, based on interviews with key stakeholders from various pilot projects. I will show how these initiatives operate in practice, the challenges they face, and the anticipated impact of the 2024 law. I will also address concerns regarding fundamental legal safeguards, particularly the principles of legal certainty, equality, and the presumption of innocence.

Author

• Marte Leys, Vrije Universiteit Brussel