A Special Investigation Officer, employed by the municipality of Rotterdam is issuing a traffic fine to a motorist.
In The Netherlands, a Special Investigations Officer (Dutch: Buitengewoon Opsporingsambtenaar, abbreviated as BOA), is an individual who holds law enforcement powers for a limited section of law and in a limited geographic area. This is in contrary to General Investigations Officers (Algemeen Opsporingsambtenaar) employed by the police, who may exercise their authority across almost all laws.
In 2021 there were more than 23,000 special law enforcement officers employed at over 1100 law enforcement organizations.[1]
Legal background
The Dutch laws about criminal procedure codes (Wetboek van Strafvordering) and policing (Politiewet) define the law enforcement powers that officers may exercise in the course of their duties. These include powers such as arresting and detaining suspects, issuing fines, verifying a person's identity, frisking individuals, and using physical force when necessary. Additionally, a law enforcement officer may describe his observations in a written statement under oath, which may be used as evidence in court.
The laws make a distinction between those who hold general law enforcement authority and those who hold limited law enforcement authority. Those officers who hold a limited law enforcement authority may only exercise their law enforcement powers when this within the scope of their specific duty.
Work qualifications
Special law enforcement officers are appointed by the Ministry of Justice after being requested by their employer. Prior to being appointed, a candidate must successfully complete a written and practical exam. The written exam tests the candidate's knowledge on criminal (procedure) law and constitutional law. Candidates also take an additional exam based on the exact scope of their duties.
If the candidate will be able to use force in the scope of their work, they will also have to do a written and practical exam on that.
After successfully completing these exams, the candidate is subject to a background check in which their criminal record will be reviewed.
An individual may be assigned for five years. After this, they need to do their exams and background check again to extend their status as a law enforcement officer.
Dedicated education
While the exams described above are the bare minimum requirements to be qualified, there are dedicated educational programs that train people how to work as a special investigation officer.[2] These programs take two to three years, including internships at law enforcement organizations.
Use of force and issue of weapons
Special investigation officers may be authorized to use force in the scope of their duty. In addition to that they may be authorized to carry and use several types of weapons. The Ministry of Justice decides, within the limits of the law, which officers are authorized to use force and/or carry weapons.[3] These weapons may include;
Special investigation officers of the city of Eindhoven in uniform. These officers work in the domain 'public space'.
There are six domains in which an officer can be assigned to. Each domain contains a list of laws and regulations for which the officer holds law enforcement powers. Beside being assigned to a specific domain, an officer may also be limited by the geographic area where they may exercise their powers.
An officer can only work in one domain simultaneously.
Caption text
Domain nr.
Title
1
Public space (Openbare ruimte)
2
Environment, welfare and infrastructure (Milieu, welzijn en infrastructuur)
3
Education (Onderwijs)
4
Public transit (Openbaar Vervoer)
5
Labour, income and healthcare (Werk, inkomen en zorg)
6
General investigations (Generieke opsporing)
General Investigations
The sixth domain, being General Investigations, is a category for officers whose responsibilities and duties do not fit in any of the other five domains. This domain includes employees of the police who fulfill support roles but do not hold full law enforcement authority.
Recognition
Emblem of special investigation officers in the Netherlands
Special investigations officers that interact with the public must visibly wear the emblem as determined by the government, displayed at the picture at the right side of this page. The exception to this rule are officers that work in plainclothes and officers that are employed at the police, military police and Customs.[4]
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