Arrest and police custody in the Netherlands: rights and time limits

After an arrest in the Netherlands, your two key rights are the right to remain silent and the right to a lawyer, and both matter most before the first police interview. The police can hold you only for limited periods: within three days and eighteen hours of the arrest, you must be brought before the examining magistrate (rechter-commissaris) or released (Article 59a of the Dutch Code of Criminal Procedure, Sv).

You must identify yourself and tolerate measures such as a search, photographs and fingerprints, but you do not have to answer questions about the offence (Article 29 Sv). Below we set out each stage and its maximum duration, your rights, and what an arrest means for employees and employers.

Which rights do you have from the moment of arrest?

You must be told what you are suspected of, and you may remain silent and ask for a lawyer. Under Article 27c Sv, the police tell you on arrest which offence you are suspected of, and inform you of your rights before the first interview.

• Information about the suspicion, in a language you understand, with a free interpreter if you do not speak enough Dutch.
• Right to remain silent (zwijgrecht): under Article 29 Sv you are not obliged to answer, and the police must tell you so before the interview. Remaining silent is not an admission of guilt.
• Right to a lawyer: under Article 28c Sv, an arrested suspect may consult a lawyer for up to half an hour before the first interview, and may have the lawyer present during it.
• Informing others: you may ask the police to inform a family member or housemate, and, if you are not Dutch, your consulate.
• Medical care: tell the police if you feel unwell or need a doctor.

For the most serious offences (a maximum sentence of 12 years or more) and for vulnerable suspects, the police notify the Legal Aid Board (Raad voor Rechtsbijstand) automatically so that a duty lawyer (piketadvocaat) is assigned (Article 28b Sv). In other cases where remand is allowed, you can ask for a duty lawyer or your own lawyer. Read more in our article on protecting your rights during criminal investigations.

How long can the police hold you?

Each stage has a statutory maximum, and a judge reviews the detention within a few days. Together, the stages before trial can last up to about 110 days.

Police custody is only possible for an offence for which pre-trial detention is allowed (Article 58(1) Sv). Remand requires both such an offence and a statutory ground, such as a risk of flight or of reoffending. Read more about the legal limits of pre-trial detention.

Check afterwards, with your lawyer, whether the recorded times are correct. Exceeding a time limit is an argument for release at the hearing before the examining magistrate.

What happens at the police station?

Your identity is established, you are informed of your rights, and you are interviewed. Before the interview you must be able to identify yourself, so carry a valid passport or identity card.

The police may take photographs and fingerprints. Force during an arrest must be proportionate and necessary; if you believe you were treated improperly, you can file a complaint with the police and your lawyer can raise it in the criminal case. Our article explains what to expect during an arrest in more detail.

What you say in the first interview stays in the file for the entire case. If you are unsure, use your right to remain silent until you have spoken to a lawyer.

What happens after police custody?

You are released, with or without conditions, or brought before the examining magistrate, who decides on remand. In both cases the investigation can continue.

The public prosecutor then decides whether to prosecute. You may receive a summons (dagvaarding) to appear in court, a penalty order (strafbeschikking), or a decision not to prosecute. Under Article 257e Sv, you can object to a penalty order within 14 days. Keep your own notes of the custody period and your contacts with the police; they can reveal differences with the official reports.

What if a company is involved?

A company cannot be arrested, but it can be a suspect. Under Article 51 of the Dutch Criminal Code (Sr), an offence can be attributed to a legal entity, and those who ordered or directed it can be prosecuted alongside it.

Investigators may then search premises, seize documents and data, and interview directors and employees. The company has its own right to remain silent and its own lawyer; employees interviewed on its behalf should be advised first. Against a seizure, the company can file a complaint (klaagschrift) with the court under Article 552a Sv.

If authorities contact the company, first establish in what capacity they act. A regulator using supervisory powers can require cooperation; criminal investigators cannot require a suspect company to incriminate itself.

Can an employer dismiss an arrested employee?

Not automatically. An arrest does not end the employment contract, and summary dismissal requires an urgent reason (Article 7:678 of the Dutch Civil Code, BW) that the employer must establish itself; a suspicion alone is usually not enough.

The employer weighs the nature of the suspected offence, its link with the work, the effect on the workplace and the employee’s position. An employee who cannot work because they are in custody is in principle not entitled to wages for that period, because the reason lies with the employee (Article 7:628 BW). A paid suspension can be a proportionate interim measure while the facts are unclear.

Employers should keep objective records of all communication and decisions; such a file matters if the case later goes to the subdistrict court (kantonrechter). Respect the employee’s privacy and the presumption of innocence when informing colleagues and clients.

What should you check as a suspect?

• Were you told what you are suspected of, in a language you understand (Article 27c Sv)?
• Did you speak to a lawyer before the first interview (Article 28c Sv)?
• Were the time limits for questioning and police custody respected (Articles 56a and 58 Sv)?
• Were you brought before the examining magistrate within three days and eighteen hours (Article 59a Sv)?
• Have you received a penalty order, and is the 14-day objection period still running?

What should you check as an employer?

• Is the suspicion connected to the work, and what facts have you established yourself?
• Is a paid suspension proportionate while the facts are unclear?
• Are you withholding wages only for the period the employee was actually in custody?
• Do investigators approach the company as a regulator or as criminal investigators?
• Have employees who will be interviewed received legal advice first?

What can we do for you after an arrest?

Our criminal law team assists suspects and companies from the first interview onwards.

• We assist you before and during the police interview.
• We check whether the time limits and your rights were respected and argue for release before the examining magistrate.
• We act at hearings on remand and detention pending trial.
• We file a complaint (klaagschrift) against a search or seizure of company property.
• We advise employers on suspension, wages and dismissal of an arrested employee.

Summary

• Use your right to remain silent and your right to a lawyer before the first interview (Articles 28c and 29 Sv).
• Detention for questioning lasts at most 9 hours (6 for minor offences), not counting midnight to 9 am; police custody at most 3 days, extendable once by 3 days.
• Within three days and eighteen hours of the arrest, you must be brought before the examining magistrate or released (Article 59a Sv).
• Remand can last 14 days and detention pending trial 90 days, about 110 days in total before trial.
• An arrest alone does not end an employment contract; a company approached by investigators should first establish in what capacity they act.

Frequently asked questions