T.b.r., the Dutch equivalent of the 'order to be detained at H.M.'s pleasure', is under discussion as the Government pro poses an alternation of the law. It is a reaction to a crime, in order to treat a severely disturbed criminal. We are not allowed to impose any treatment or any forcible restraint upon a person, unless and not longer than this is absolutely imperative for the protection of others (c.q. the society).
The judge, protecting in his judgement a.o. the society, has also the responsibility to protect the individual. The gravity of the crime committed and of the recidivism which may be expected are more determining for the question whether further deprivation of liberty is suitable than the gravity of the illness is. 1f further treatment offers no prospect for improvement, the legal ground for the t.b.r. has expired.
Protection of the delinquent and of the mentally all patient is a public interest of the highest importance. It is, therefore, a good thing that the legal position of the disturbed criminal will be better warranted.