FAQ

You have been on trial or you have been requested to attend a BRSI training course? You may have a few questions in mind. You can contact us, but beforehand please read the frequently asked questions and their answers.

What should I do if I am late, sick or if I have an impediment?

If you are attending the training as part of an alternative judicial measure, attendance is compulsory. Therefore, we expect you to do your utmost to be present in due time. Of course, you might be sick or a case of emergency may arise, preventing you from attending the course. In that case, make sure you get a medical certificate or a document justifying the reason of your absence. Get in touch with the BRSI and your probation officer in order to let them know you were absent.

You are late or absent? Your training is consequently over and you will not be allowed to take part to the same training session. The parole board will make a decision as to whether you are given a second chance. If you are granted a second chance, you will have to attend the whole training course once again.

Where does the training take place?

The Driver Improvement training courses usually take place in all the judicial districts of the country, according to the local conditions. You may however ask your probation officer to attend the training in another district.

What do we expect from the participants during the training?

We expect you to be on time at all the sessions. During the courses, we expect you to be involved in an active and constructive way. This means that you have to be involved in the training and follow the trainer’s instructions. Moreover, we expect you to have a respectful attitude towards all the participants and the trainer. Finally, we expect you to be in full possession of your faculties. You must not be under the influence of alcohol or medication (unless it was prescribed by a doctor). If you respect the conditions of our training courses, you will receive, via your probation officer, a positive training report from us.

If you do not respect the conditions of our training courses, you will be expelled and this will be officially recorded.

Can I register for this training myself?

If the judge or the prosecutor requests that you attend a training course (as part of an alternative judicial measure), you cannot register yourself. The law clerk (House of Justice) will do it for you.

If you were asked to take the course ‘Speed: let’s take the time to think about it...’, you can register yourself.

Can I attend a training course on my own initiative?

The Driver Improvement training courses are organised in association with the Federal Public Service Justice. Only the judge or the prosecutor can offer a training course to the offenders or suggest you to attend the training course ‘Speed: let’s take the time to think about it...’.

Nevertheless, you can put your wish to attend a training course forward to the judge or the prosecutor during your hearing.

What is a suspended sentence?

A suspended sentence means that the judge returns his verdict but does not enforce it completely or only partially. This sentence:

  • appears on your criminal record,
  • is subject to a trial period of 1 to 5 years. During that period, you must not commit another offence or any act liable to a sentence.

If you commit another offence during that trial period, the Court will determine if the suspended sentence is still valid for the first offence. You will also appear before the Court for the other offence you committed.

What is a deferred sentence?

A deferred sentence means that the judge has found you guilty of the offence but he defers the sentence.

The deferred sentence:

  • does not appear on your criminal record,
  • is subject to a trial period of 1 to 5 years. During that period, you must not commit another offence or any act liable to a sentence.

If you commit another offence during that trial period, the judge will pass judgement for both offences.

What is probation?

Suspended and deferred sentences can be accompanied by some requirements, called probationary requirements. In that case, they are called probationary suspension and probationary deferral. The BRSI training course can be a probationary requirement.

Who supervises the probation?

You are assisted by a probation officer from the House of Justice. The implementation of these judicial decisions is controlled by the parole board to which the probation officers regularly report to. In the event of non-compliance to probationary requirements, the parole board may decide to revoke the probation and refer your case to the Court.

What’s a penal mediation?

The penal mediation allows the Crown Prosecutor to propose an amicable agreement between the offender and the victim. In order to come to an amicable agreement, both parties must give their consent and the offender must confess the fault. As far as driving is concerned, a circular issued by the Attorney Generals also allows the Crown prosecutor to propose this same procedure in other cases, mainly for young people driving under the influence of alcohol. As part of a penal mediation, the Crown Prosecutor may impose some conditions to the offender. Attending a BRSI training course can be one of the conditions.

The penal mediation:

  • does not appear on your criminal record
  • the prosecution lapses when the conditions are met.

Who supervises the respect of the penal mediation’s conditions?

You are assisted by an officer from the House of Justice. The latter must report to the Crown Prosecutor on the compliance and completion of the conditions. In the event of non-compliance with the conditions, the Crown Prosecutor may decide on a new hearing in Court.

What is conditional release?

Some offences may be referred to an examining magistrate. This magistrate can decide to send you in pre-trial detention. Pre-trial detention is supervised by the Council Chamber (chambre du conseil) and, in case of an appeal, by the Criminal Division (chambre des mises en accusation). Under certain circumstances, the examining magistrate or the Council Chamber / Criminal Division may decide to grant parole. A BRSI training course can be one of the requirements for parole.

Who supervises the conditions of a conditional release?

The people under conditional release are supervised by a probation officer or by the police. The compliance with the conditions of a conditional release is supervised by the examining magistrate or the examining courts (Council Chamber / Criminal Division). The probation officer regularly reports to them. In the event of non-compliance or repeat offence, the examining magistrate may decide to incarcerate the person. For further information, download the brochure edited by the Federal Public Service Justice.