Arrest in the Netherlands: your rights and the time limits for detention

If you are arrested in the Netherlands, the police can hold you for investigation for up to nine hours, and the prosecutor can then order police custody of up to three days, extendable once by three days. The most important right at the start is the right to consult a lawyer before you are questioned and to have a lawyer present during questioning, under Articles 28 to 28e of the Dutch Code of Criminal Procedure (Wetboek van Strafvordering, Sv).

When can the police stop and arrest you?

An arrest (aanhouding) takes one of two forms, depending on whether you were caught in the act.

If you are caught in the act, any person may detain you and hand you over to an officer, and an officer may arrest you without further authority (Article 53 Sv). If you are not caught in the act, an arrest is only possible for offences for which pre-trial detention (voorlopige hechtenis) is allowed (Article 54 Sv). It then requires the authority of a public prosecutor (officier van justitie) or an assistant prosecutor (hulpofficier van justitie).

What happens in the first hours?

You are taken to a place of questioning, usually a police station. There a prosecutor or assistant prosecutor decides whether you will be held for investigation (ophouden voor onderzoek).

Under Article 56a Sv, this period lasts up to nine hours for offences that allow pre-trial detention and up to six hours for other offences. The hours between midnight and nine in the morning do not count, so in practice you can be held for up to 18 hours. During this period the police tell you which offence you are suspected of and give you the opportunity to consult a lawyer.

Do you have to answer questions?

No. Under Article 29 Sv you have the right to remain silent, and the police must tell you this before questioning begins. Staying silent is a right, not an admission. What you must do is show a valid identity document when the police lawfully ask for it.

How long can you be held in police custody?

If the investigation needs more time, the prosecutor can order police custody (inverzekeringstelling) for up to three days (Article 58 Sv). In cases of urgent necessity, this can be extended once by another three days.

Within a few days of your arrest you are brought before the examining magistrate (rechter-commissaris), as Article 59a Sv requires. The examining magistrate assesses whether your arrest and custody were lawful and can order your release.

What happens if detention continues?

Detention can then continue in two further stages, both ordered by the courts. The first is remand in custody (bewaring) of up to fourteen days, ordered by the examining magistrate (Article 64 Sv). After that, a three-judge chamber of the district court (raadkamer) can order continued detention (gevangenhouding) of up to ninety days (Article 66 Sv).

In total, pre-trial detention before the trial starts can therefore last up to 110 days. During that time the case is reviewed at pro forma hearings, where your lawyer can ask for your release or for further investigation.

What should you do, and what should you avoid?

Ask for a lawyer straight away and do not answer questions about the facts before you have spoken to one. Your first statement stays in the file for the rest of the case.

• Give your identity details when asked.
• Do not sign a statement you have not read or do not agree with. You are entitled to have corrections made.
• Note the times: when you were arrested, when you were questioned and when you saw a lawyer. A breach of the time limits in Articles 56a and 58 Sv can lead to release.
• If you are a foreign national, ask for your consulate to be informed (Article 36 of the Vienna Convention on Consular Relations) and for an interpreter if you do not understand Dutch.

Is the case over once you are released?

Not necessarily. The public prosecutor decides on prosecution, and that decision may follow weeks or months later. It can be a summons, a penalty order (strafbeschikking) or a dismissal.

What can we do for you after an arrest?

Our criminal lawyers assist suspects from the first police interview to the trial.

• We advise you before the first police interview on whether to make a statement or remain silent.
• We attend the police interview with you and check that your rights under Articles 28 to 29 Sv are respected.
• We check whether the time limits for holding and police custody were met.
• We represent you before the examining magistrate and at the raadkamer hearings on remand and continued detention.

Summary

• You have the right to consult a lawyer before questioning and to have a lawyer present during it.
• You do not have to answer questions about the offence, but you must identify yourself when lawfully required.
• Holding for investigation lasts up to nine hours (six for less serious offences), with the hours between midnight and 9 a.m. not counted.
• Police custody lasts up to three days, extendable once by three days; the courts can then order remand of up to fourteen days and continued detention of up to ninety days.

Frequently asked questions