Criminal cases are taking too long to go through the courts even though the number of offences dealt with increased by 10% last year, the prosecution service has warned.

Chief prosecutor Rinus Otte said 53,000 cases had been settled out of court last year, representing 25% of the total compared to 22% the previous year, but the service was still struggling with a growing caseload.

“It’s not about cases, but about people for whom we want to serve justice as well and as quickly as possible,” Otte said on the publication of his department’s annual report.

Earlier this year the prosecution service (Openbaar Ministerie) outlined plans to deal with more cases out of court so that judges could focus on the most serious offences, but politicians were critical of the idea.

Otte said 80% of cases could be dealt with without going before a judge if the rules were changed to allow prosecutors to impose out-of-court penalties for offences with a maximum jail term of six years rather than four.

Only judges can send offenders to prison, but prosecutors can set alternative sanctions such as fines, exclusion orders and community service. Otte said the move would relieve pressure on the justice system, but MPs said they feared it would lead to a “downward spiral” with fewer prosecutions and lighter sentences.

Judges also criticised the prosecution service for pressing ahead with the plans without consulting the judiciary.

Henk Naves, chair of the judicial council (Raad voor de rechtspraak), told a parliamentary committee hearing that “we seem to be heading towards a situation in which short-term prison sentences are no longer handed down”.

“The increasing frequency of out-of-court punishments will lead to criminal cases being taking out of judges’ hands, which undermines the position of judges,” Naves said.

Rape redefined

Otte said prosecutors were also falling short of their target of dealing with 80% of sexual offences within six months. Currently only around 40% of cases are completed within this time.

More cases are being brought since the law was changed last July to make lack of consent the basis for the definition of rape, rather than the use of force or threats.

Police say the number of official complaints has increased by 7% since the reforms took effect.

Otte said combating organised crime and the narcotics trade remained a priority. Last year 1,278 offenders received sentences for drugs-related offences, half of whom were imprisoned for being involved in producing or trading illegal substances.