After an arrest, the police can hold you for a strictly limited time before a judge has to review your case. Dutch law sets out separate phases: initial questioning custody (up to nine hours), police custody for further investigation (inverzekeringstelling, up to six days), and, after that, detention on remand ordered by a judge (bewaring). This article explains what happens once you are held for inverzekeringstelling, how long each phase may last and what rights you have. For the rights you have immediately after arrest and during questioning, see our article on what happens after an arrest.
Two things matter from the first hour. You are entitled to consult a lawyer before questioning and to have one present during it, and this assistance is provided at no cost to you while you are held in custody. The police will not tell a third party that you are being held, unless you ask them to notify a relative – so make that request as early as possible.
What is the first phase of police detention?
Once you are arrested on suspicion of a criminal offense, the police usually take you to the police station to investigate the circumstances of the offense and your role in it. They may hold you there for up to nine hours for this purpose. The hours between midnight and nine o’clock in the morning do not count towards this limit. This first phase is known as ophouding voor onderzoek.
What happens during inverzekeringstelling (police custody)?
If nine hours is not enough and the public prosecutor decides the investigation needs more time, the prosecutor can order inverzekeringstelling. This order is only available under specific conditions, and only for offenses serious enough to allow pre-trial detention in principle (broadly, offenses carrying four years’ imprisonment or more, such as theft, fraud or a drugs offense).
- there is a risk that you will try to escape;
- the police need to confront witnesses or prevent you from influencing them;
- the police need to prevent you from interfering with the investigation.
An order for inverzekeringstelling allows the police to hold you, including through the night, for a total of three days. The prosecutor may extend this once by a further three days if the investigation genuinely requires it. In deciding on an extension, the prosecutor must weigh the interests of the investigation against your personal circumstances.
The investigation interest can include a risk that you will flee, a need for further questioning, or preventing you from obstructing the case. Your personal circumstances can include caring for a partner or child, keeping your job, or events such as a funeral or wedding. Combined, inverzekeringstelling can therefore last a maximum of six days.
Can you appeal against inverzekeringstelling?
You cannot lodge a formal objection or appeal against the order or its extension. You must, however, be brought before an examining magistrate (rechter-commissaris), and you can raise any irregularities in your arrest or custody with that magistrate. It is advisable to consult a criminal defence lawyer before that hearing.
What can a lawyer do for you during this phase?
While you are held in custody, you are entitled to a lawyer’s assistance. If you already have a lawyer, you can ask for them by name and the police will contact them; otherwise you will be assigned the duty lawyer on call. Your lawyer can check whether your arrest or custody involved any irregularities, and whether the order was justified in your situation. Your lawyer can also explain your rights and obligations during this phase, since you will be questioned again in this second stage of detention. The police typically start with questions about your personal circumstances, including your telephone number and social media accounts.
Keep in mind that anything you say in answer to these personal questions can also be used against you later in the investigation. The police will then move on to questions about the offense itself. You have the right to remain silent, and it can be sensible to use that right, since at this stage you generally do not yet know what evidence the police hold against you.
Before this second set of questions, the police are required to tell you that you are not obliged to answer – in practice, make sure this has actually been explained to you. A lawyer can also tell you about the practical consequences of staying silent, since that choice is not without its own considerations. You can read more on this in our article: the right to remain silent in criminal cases.
What happens once the custody period ends?
When the (possibly extended) inverzekeringstelling period runs out, there are two outcomes. The prosecutor may conclude that continued detention is no longer needed for the investigation and order your release. Alternatively, if the prosecutor believes the case is not yet ready for a final decision but detention should continue, you will be brought before a judge, who decides on further detention on remand (bewaring). That marks the start of the next, longer phase of pre-trial detention.
In summary
- The police can hold you for up to nine hours for initial questioning, excluding the hours between midnight and 9am.
- Inverzekeringstelling, ordered by the public prosecutor, can last up to six days in total (an initial three days, extendable once by three more).
- You cannot appeal the order itself, but you must be brought before an examining magistrate and can raise irregularities there.
- You are entitled to a lawyer at no cost to you during this phase, and you have the right to remain silent during questioning.
- After inverzekeringstelling, you are either released or brought before a judge for a decision on further detention on remand (bewaring).
Frequently asked questions
How long can the police hold you before you see a judge?
Up to nine hours of initial questioning custody, followed by up to six days of inverzekeringstelling, before you are brought before an examining magistrate.
Will the police automatically tell my family or employer?
No. The police only notify a relative if you ask them to, so it is worth making that request as soon as you can.
Do I have to answer the police’s questions?
No. You have the right to remain silent, and using it can be sensible until you know, with your lawyer’s advice, what evidence the police have.
At Law & More, we understand that an arrest and the custody that can follow are a major event with real consequences for you and the people around you. Our Law & More criminal law team is ready to advise and assist you during every phase of pre-trial detention.
Unsure where you stand? Tell us about your situation. We will let you know your options within one working day.
How Law & More can help you with this is explained on our criminal lawyer page.
