Representing Private Detectives accused of malpractice

BAS VAN LEEUWEN (LL.M., Esq.), attorney at law, is expert in private detective misconduct defence. He is intimately familiar with the standards in the private detective services industry in the European Union, and have assisted in drafting internal legislation related to the private detective industry. He has regularly write articles for Dutch and International private detective organizations. Issues concerning private detective misconduct defence include: a) Negligent Security, b) Assault and Battery, c) Excessive Use of Force, d) Breach of Contract, e) False Imprisonment, f) Civil Rights Violations and g) Defamation.

BAS VAN LEEUWEN (LL.M., Esq.), attorney at law, prides himself on being proactive. He employs preventive measures with his private detective clients to help them avoid litigation altogether. He reviews client operations, with a focus on policies, procedures and best practices. Our many years of experience tell us that preventing a lawsuit is far less expensive than litigating one. However, when attorney BAS VAN LEEUWEN’s clients face actions, claims of negligence and/or lawsuits, he has the trial experience and are ready and able to provide defence. His first goal is usually to eliminate the case before it goes to trial. But if dismissing the case before trial doesn’t happen, he is ready to litigate the case before the courts. BAS VAN LEEUWEN (LL.M., Esq.), attorney at law, has many years of experience representing and winning cases for his clients from the private detective services industry.

Getting Help with Private Detective Licence Appeals

A comprehensive detective licence appeals service

BAS VAN LEEUWEN (LL.M., Esq.), attorney at law, can help appeal your case in the following circumstances.

– Have you had a refusal to issue or grant a detective or company licence?
– Has your existing detective or company licence been revoked or suspended?
– Have restrictions and prohibitions been placed on a licence?
– Have conditions been attached to a detective or company licence?
– Has a licence been refused to you or are you facing revocation of a detective licence on the grounds of ill health and disability?
– BAS VAN LEEUWEN (LL.M., Esq.), attorney at law, can represent you at disciplinary hearings.
– BAS VAN LEEUWEN (LL.M., Esq.), attorney at law, can help draft the Appeal Notice.
– BAS VAN LEEUWEN (LL.M., Esq.), attorney at law, can apply to suspend the detective or company licence revocation before the appeal is heard.

Often you will have a right to object directly to the Licensing committee (Department Justis). There is a right of appeal to the District Court if the licensing committee (Department Justis) uphold the refusal and thereafter in certain circumstances to the Administrative Jurisdiction Division of the Council of State. When and where to make an appeal is a strategic decision and that timing can be critical.

BAS VAN LEEUWEN (LL.M., Esq.), attorney at law, can advise you on your position regarding the legalities or the case, discuss evidence with you and technical defences. Defend your income – let us defend your security guard or company licence.

Common reasons for private detective licence appeals

• Failure to disclose a criminal or serious motoring conviction,
• Licensing Authority (Deparment Justis) will arguing you don’t meet the “proper person” criteria to hold a licence due to demonstrating other “bad conduct”.
• Customer complaints
• Dishonesty.
• Getting arrested or convicted of a criminal offence in the District Court or the Court which has led to the suspending of the licence.
• You may also find yourself facing a serious criminal charge before the Criminal Court. In such circumstances, attorney BAS VAN LEEUWEN’s private detective legal service focuses on defence of both a criminal charge and the private detective or company licence revocation.

Private Detective or Company Licence Refused | Objection and Review

Objection and Review

If you are facing private detective or company licence refuse, you need to think about making a Private Detective Licence Refuse Objection. Getting your licence refused can have a devastating effect on your career, your livelihood and your dependants.

The Company Licence

The Department Justis has powers to refuse a private detective company licence, but can a council actually prevent you from being granted a private detective company licence? As usual with questions of legality, regulation and the variety of circumstances sometimes involved, when it comes to company licensing appeals answers are not quite so clear cut. Before issuing a company licence, the Department Justis must be satisfied that the applicant is a ‘proper entity‘.

If the council refuses to issue a licence, you can object in accordance with the General Administrative Law Act (Algemene wet bestuursrecht) to the Department Justis Licensing Committee. If that objection and review is unsuccessful, the private detective company can still make an appeal to the District Court. At this stage the burden of proof is on the council to prove that the organization is not aproper entity. The Department of Justis may also attach certain conditions on a private detective company licence, against which it is also possible to launch an appeal.

The Investigator Licence

The Chief Commissioner of Police has powers to refuse a private detective licence, but can a council actually prevent you from being granted a private detective licence? As usual with questions of legality, regulation and the variety of circumstances sometimes involved, when it comes to private detective licensing appeals answers are not quite so clear cut. Before issuing a private detective licence, the Chief Commissioner of Police must be satisfied that the applicant is a ‘proper person‘.

If the Chief Commissioner of Police refuses to issue a licence, you can object in accordance with the General Administrative Law Act (Algemene wet bestuursrecht) to the Chief Commissioner of Police. If that objection and review is unsuccessful, the private detective can still make an appeal to the District Court. At this stage the burden of proof is on the Chief Commissioner of Police to prove that the private detective is not aproper person. The Chief Commissioner of Police may also attach certain conditions on a private detective, against which it is also possible to launch an appeal.

Private Detective or Company Licence Revoked | Objection and Review

Objection and Review

If you are facing private detective or company licence revocation, you need to think about making a Private Detective or Company Licence Revoked Objection. Getting your licence revoked can have a devastating effect on your career, your livelihood and your dependants.

The Company Licence

The Department Justis has powers to refuse a private detective company licence, but can a council actually prevent you from being granted a private detective company licence? As usual with questions of legality, regulation and the variety of circumstances sometimes involved, when it comes to company licensing appeals answers are not quite so clear cut. Before issuing a company licence, the Department Justis must be satisfied that the applicant is a ‘proper entity‘.

If the council refuses to issue a licence, you can object in accordance with the General Administrative Law Act (Algemene wet bestuursrecht) to the Department Justis Licensing Committee. If that objection and review is unsuccessful, the private detective company can still make an appeal to the District Court. At this stage the burden of proof is on the council to prove that the organization is not aproper entity. The Department of Justis may also attach certain conditions on a private detective company licence, against which it is also possible to launch an appeal.

The Investigator Licence

The Chief Commissioner of Police has powers to refuse a private detective licence, but can a council actually prevent you from being granted a private detective licence? As usual with questions of legality, regulation and the variety of circumstances sometimes involved, when it comes to private detective licensing appeals answers are not quite so clear cut. Before issuing a private detective licence, the Chief Commissioner of Police must be satisfied that the applicant is a ‘proper person‘.

If the Chief Commissioner of Police refuses to issue a licence, you can object in accordance with the General Administrative Law Act (Algemene wet bestuursrecht) to the Chief Commissioner of Police. If that objection and review is unsuccessful, the private detective can still make an appeal to the District Court. At this stage the burden of proof is on the Chief Commissioner of Police to prove that the private detective is not aproper person. The Chief Commissioner of Police may also attach certain conditions on a private detective, against which it is also possible to launch an appeal.

Private-Sector Detective licence appeals service revocation and refuse

Private Detective licence appeals are a specialised area of the law. With private detectives in the Netherlands it is not unusual for issues to come up with regard to licensing. Private Detective licence appeals can be complex and in order to have the highest chance of success you need to be discussing your case with a dedicated lawyer. The Justis Department (Judicial agency for Testing, Integrity and Screening) have wide reaching authority to revoke and refuse licences. Often you will have a right to object directly to the Licensing committee (Justis Department). There is a right of appeal to the District Court if the licensing committee (Justis Department) uphold the refusal and thereafter in certain circumstances to the Administrative Jurisdiction Division of the Council of State.

Decision deadline exceeded

If the public body fails to take a decision by the legal deadline, you can send them a so-called notice of default. This will give them a grace period of two (2) weeks to reach the decision. If they still fail to do so, you can appeal to the administrative court immediately. You are not obliged to hire an Attorney for the objection or appeals procedure.

Objections

You must submit a notice of objection to the public body agency that took the decision in question by no later than six (6) weeks after you received the decision or after the decision was published. The public body must take a decision within six (6) weeks after the day on which the submission period for the letter of objection has elapsed. If an advisory committee is being formed, the decision period is twelve (12) weeks. Both periods may be extended by six (6) weeks.

Penalty when deciding late

If the public body fails to take a decision by the prescribed deadline, you are entitled to a penalty payment. You can use the (Dutch-language) Penalty payment for late decisions form to obtain this payment. The Tax and Customs Administration has an own Penalty form in the event of an overdue decision (in Dutch).

How MR. VAN LEEUWEN (LL.M., ESQ) can help:

Private Detective or Company Licence Refused | Objection and Review

If you are facing private detective or company licence refuse, you need to think about making a Private Detective Licence Refuse Objection. Getting your licence refused can have a devastating effect on your career, your livelihood and your dependants.

Private Detective or Company Licence Revoked | Objection and Review

If you are facing private detective or company licence revocation, you need to think about making a Private Detective or Company Licence Revoked Objection. Getting your licence revoked can have a devastating effect on your career, your livelihood and your dependants.

Administrative procedural law (objections and appeal)

If you disagree with a decision of a public body, you can often lodge an objection, for example if your licence application has been rejected or if someone else obtains a licence which is harmful to your interests. If you disagree with the decision in response to your objection, you can appeal to the courts in most cases. In most cases, you can also lodge an appeal against the court’s decision with the Administrative Jurisdiction Division of the Council of State, the Central Appeals Tribunal or the Trade and Industry Appeals Tribunal

The notice of objection and corresponding procedure

Notices of objection can be submitted by the interested parties, i.e. persons or organisations with a direct interest in a decision made by the Administrative body. If an interested party disagrees with a decision of the Administrative body, or if the Administrative body fails to make a decision within the applicable deadline, an interested party can submit a notice of objection to the decision or the failure to make a decision. A notice of objection must be submitted (in Dutch) in writing to the Administrative body within six (6) weeks after the date on which the decision is announced.

Appeal and the appeal procedure

An interested party can appeal against a decision on a notice of objection by filing an appeal with the Administrative Court within six (6) weeks after the date on which the decision on the objection is announced. The Administrative Court will then take the notification of appeal into consideration. If this notification of appeal does not comply with specific formalities, it could be declared inadmissible. In most cases, however, the notification of appeal will continue to be processed.

Appeal against a decision of an Administrative Court’s decision

In most cases, you can also lodge an appeal against the court’s decision with:

  • The Central Appeals Tribunal
  • The Trade and Industry Appeals Tribunal
  • The Administrative Jurisdiction Division of the Council of State

Enforcement: Administrative Coercion, Administrative Penalties and Administrative Fines

Enforcement is focussed on promoting compliance with legal rules or to prevent (further) breaches of these rules. If someone does not fulfil the administrative law regulations then the public body can use various enforcement tools. An interested party can also submit an application for enforcement to the public body. The public body can decide following this application to proceed with enforcement. There are several enforcement tools for this which a public body, such as the Board of Mayor and Aldermen, can use; an order for administrative coercion, order subject to a penalty and administrative penalty.

Administrative Coercion

Before one proceeds with the actual implementation of administrative coercion, the offender, subject to the exception of very urgent cases, must be informed of the decision about the breach and of the period in which the offender must personally remedy the breach.

Administrative Penalty

An order for administrative coercion is not always the obvious choice, as is the case in regularly reoccurring or continuing breaches. In these cases it is often more effective to give the offender a period of time in which to cease the breach or to prevent the repeat of the breach. If the offender does not do so he or she will have to pay a penalty.

Administrative Fine

Contrary to the remedial sanctions of an order for administrative coercion and an order subject to a penalty, the administrative penalty is a punishing sanction.