Plans by justice minister Sander Dekker to force defendants to appear in court if their victims want to exercise their right to speak have been criticised by the Council for the Judiciary, which makes recommendations on the legal system.

In the Netherlands, suspects have had the option whether or not to appear in court during their trial.

Dekker said in February he planned to change this for people accused of committing serious violent and sexual crimes, if their victims want to speak during the trial.

‘It is of the utmost importance that victims are given not only given the opportunity to speak but that they are heard. Suspects have to be confronted with the misery they have caused to victims,’ Dekker said.

But the council for the judiciary says this ‘is not always in the interests of the victim and conflicts with the principle that a suspect is innocent until proven guilty by a judge.’

Victims may have the right to speak in court but this should not be about ‘telling the suspect off or ‘punishing’ the defendant, the council said.

In addition, judges already have the right to order a defendant to appear in court if they feel it necessary, the council pointed out.