When someone is arrested or summoned for a police interrogation, they often feel overwhelmed and uncertain.
The questions running through their minds are understandable: what should I say, what should I keep quiet about, and what are my rights?
This uncertainty can lead to mistakes that can have serious consequences for the court case later on.
The most important rule during an arrest or interrogation is that suspects always have the right to remain silent and are never obliged to answer questions from the police.
This right to remain silent is a fundamental right that is respected by judges, and its use is not used against anyone as evidence of guilt.
Many people mistakenly believe that remaining silent makes them look suspicious, but this is a misconception that can have costly consequences.
The difference between a good and bad outcome of an interrogation often lies in preparation and knowledge of one’s rights.
From the first moments after arrest to signing the statement, there are crucial moments when the right choices can make all the difference.
Understanding these moments, the role of a solicitor, and the pitfalls to avoid can drastically influence the outcome of a case.
Arrest and first steps
An arrest entails various rights and obligations that the suspect must be aware of.
The police follow established procedures and the assistance of a criminal solicitor is often crucial for a good defence.
What happens during an arrest?
The police may arrest a suspect when there is suspicion of a criminal offence.
This can happen either in flagrante delicto or outside of flagrante delicto.
After the arrest, the suspect is taken to the police station.
There, the police can conduct an investigation for up to 9 hours, such as taking fingerprints or photographs.
The time between midnight and 9 a.m. does not count.
Possible next steps:
- Release after questioning
- Detention (maximum 3 days)
- Extension of detention (another 3 days)
- Appearance before the public prosecutor
The public prosecutor or assistant public prosecutor decides whether someone must remain in custody for further questioning.
When taken into custody, the suspect is automatically assigned a solicitor.
Your rights as a suspect
Every suspect has important rights that the police must respect.
These rights are listed in a brochure that is handed out at the police station.
Most important rights:
- Right to legal assistance
- Right to remain silent during questioning
- Right to information about the suspicion
- Right to interpretation services (if of a different nationality)
- Right to inform someone about the arrest
Since March 2017, every suspect has the right to legal assistance prior to and during police questioning.
This applies to all suspects, regardless of the seriousness of the offence.
The suspect may request that a family member or housemate be informed of the arrest.
In some cases, the public prosecutor may temporarily refuse this request in order not to jeopardise the investigation.
Importance of a criminal solicitor
A criminal solicitor plays a crucial role from the moment of arrest.
The solicitor protects the interests of the suspect and provides legal assistance.
Tasks of the criminal solicitor:
- Advising on whether to make a statement or remain silent
- Assisting during police interviews
- Checking rights and procedures
- Preparing the defence
The solicitor can advise the suspect on the best strategy.
In many cases, it is wise not to make a statement without a solicitor.
This prevents statements from being misinterpreted.
When taken into custody, a solicitor is automatically assigned.
The suspect may also choose their own solicitor.
An experienced criminal solicitor knows the procedures and can identify mistakes made by the police.
Preparing for the interrogation
Good preparation can make the difference between a conviction and an acquittal.
It is crucial to contact a criminal solicitor in advance, gain insight into the case files and develop a strategic approach.
Contacting a solicitor in advance
Suspects should always contact a solicitor in advance.
A criminal solicitor can immediately explain what someone is suspected of and what the best answers are.
The solicitor explains the requirements that apply to the specific criminal law article.
He gives tips on what questions the police are likely to ask.
Important advantages of contacting a solicitor in advance:
- Explanation of rights during the interrogation
- Advice on whether or not to answer
- Preparation for interrogation techniques
- Strategic planning
Many people think they do not need a solicitor if they are innocent.
This is a dangerous mistake that can lead to a conviction.
Inspection of court documents
A solicitor can submit a request to inspect the court documents.
This is called a request under Article 30(1) of the Code of Criminal Procedure to the public prosecutor.
Suspects have the right to inspect the documents.
However, they cannot do this themselves because the request must contain specific legal elements.
The police often keep information secret until the interrogation.
They want to surprise suspects with evidence so that they do not have time to think.
The official report may contain:
- Witness statements
- Technical evidence
- Previous interrogations
- Photographic material
Public prosecutors are often reluctant to provide documents for an interrogation.
This usually leads to discussion between the solicitor and the public prosecutor.
Strategic preparation
A suspect must know exactly what the case is about.
If this is unclear, he must find out before the interrogation through his solicitor.
It is dangerous to call others yourself for information.
Telephones can be tapped by the police.
Only conversations with a solicitor are secure.
Strategic elements:
- What facts are being alleged
- What evidence does the police have
- What witnesses are there
- What are the legal elements
The solicitor develops a defence strategy based on the available information.
He decides whether it is better for the suspect to remain silent or to make a statement.
During the interrogation: what you should and should not say
The interrogation is a crucial moment where your words can have major consequences for your criminal case.
You always have the right to remain silent, but sometimes a statement can also work in your favour.
The choice to remain silent
Every suspect has the right to remain silent during an interrogation. This right is enshrined in law and cannot be taken away.
The police may pressure you by saying that remaining silent makes you look suspicious. They may claim that remaining silent will lead to a harsher sentence.
This is an interrogation technique to get you to talk.
Remaining silent can never be used against you in court. The judge may not view your silence as evidence of guilt.
When is it wise to remain silent:
- You do not know exactly what you are suspected of
- You have not yet spoken to a solicitor
- You feel stressed or confused
- The facts are complicated
You can always decide later to make a statement. However, you cannot take back words you have already said.
Answering police questions
You do not have to treat all questions in the same way. You must provide some information, but not other details.
Mandatory information:
- Your surname and first names
- Your date of birth
- Your residential address
You do not have the right to remain silent about this basic information. The police need this information to identify you.
Free choice for:
- Questions about the suspicion
- Where you were at a certain time
- Who you had contact with
- What you did
For every question about the case itself, you can choose between answering and remaining silent. You may also answer some of the questions and exercise your right to remain silent for others.
What can you say?
If you decide to talk, you must tell the truth. Lying to the police can make your situation worse.
Permitted statements:
- Facts that exonerate you
- Circumstances that explain your actions
- Reasons why you did something
- Evidence that proves your innocence
You may always make statements that are in your favour. You may share information that proves your innocence without any problems.
Avoid these topics:
- Other people’s crimes
- Matters you are unsure about
- Speculation about what happened
- Private information that is not relevant
Only say what you know for certain. If you are unsure about something, say that you do not know instead of guessing.
Situations in which it is better to remain silent
In certain cases, remaining silent is almost always the best choice for a suspect in a criminal case.
Remain silent when:
- You have not yet spoken to a solicitor
- The police do not show you any evidence
- You are tired, ill or stressed
- There are multiple suspicions against you
Complex evidence requires silence:
- Financial fraud cases
- Cases involving many people
- Technical crimes
- Long periods of suspicion
In complex cases, there is a high risk that you will accidentally say something that is misunderstood. Your solicitor can later consider which statement is best.
The police use professional interrogation techniques. They are trained to get people to talk.
Without preparation, you are at a disadvantage.
Important pitfalls and misunderstandings
Many suspects make critical mistakes during questioning due to incorrect assumptions about the procedure. These misunderstandings can lead to damaging statements that are later used in the official report.
The police are not your confidants
Suspects often think that the police want to help them. This is a dangerous misconception.
The police’s job is to build a criminal case.
Common misconceptions:
- ‘If I’m honest, they’ll let me go.’
- ‘The officer seems nice, so I can trust him.’
- ‘They say it’s better to talk.’
Interrogators deliberately use friendly tactics. They may say that remaining silent makes you look suspicious.
This is a technique to get a statement out of you.
Everything you say is written down verbatim in the official report. This information can later be used against you in court.
Remember: The police work for the Public Prosecution Service, not for you.
Unjustified pressure during questioning
Interrogators often exert psychological pressure to get suspects to talk. These tactics seem normal but are intended to make you confess.
Commonly used pressure tactics:
- ‘You’d better be honest’
- ‘We already know what happened’
- ‘It’s only a minor offence’
- ‘Others have already testified’
The police may claim that they have more evidence than they actually do. They may also say that others have accused you, even if this is not true.
You always have the right to:
- A solicitor during the interrogation
- Breaks if you feel unwell
- Explanations if you do not understand something
Do not be persuaded that cooperation will reduce your sentence. This is not a guarantee that the police can give.
Risks of inconsistent statements
Contradictory statements are one of the biggest pitfalls during an interrogation. Any discrepancy between different statements will be used by the prosecution as evidence of guilt.
Why inconsistencies arise:
- Stress and nervousness
- Attempts to ‘correct’ previous statements
- Misunderstood questions
The official report is kept accurately. Small differences between statements can have major consequences for your case.
Examples of dangerous situations:
- First saying that you were not there, later admitting that you were present
- Giving different times when questions are repeated
- Adding details that you did not mention before
The public prosecutor will use these contradictions to attack your credibility. Judges often see inconsistent statements as a sign of guilt.
Best strategy: Remain consistent or exercise your right to remain silent.
The role of the solicitor during the trial
A solicitor plays an important role during all stages of a police interrogation. The criminal solicitor provides legal protection and ensures that the police adhere to the rules during the investigation.
Assistance and advice during the interrogation
The solicitor has the right to be present during the interrogation. This applies to all suspects, even if they believe they are innocent.
Active guidance during interrogation:
- Ensures that the police comply with the rules of interrogation
- Pays attention to inadmissible pressure or coercion
- Can intervene if the interrogation is not conducted correctly
- May remind the suspect of their right to remain silent
The solicitor may take an active role during the interrogation. This is evident from rulings by the European Court of Human Rights.
Dutch rules are sometimes too strict.
What the solicitor is allowed to do:
- Make comments during the interrogation
- Ask for clarification
- Request a time-out for consultation
- Have direct contact with the client
If the police want to send the solicitor away, the interrogation must be stopped. The suspect is free to choose which solicitor will assist them.
Reviewing the official report
After the interrogation, the police write an official report. This document contains all the questions and answers from the interrogation.
The criminal lawyer checks whether the official report is correct. It often contains errors that could be detrimental to the suspect.
Important checks:
- Have the answers been written down correctly?
- Are there any statements in it that were not made?
- Has the context of the answers been preserved?
- Have the solicitor’s instructions been included?
The suspect may read through the official report before signing it. He does not have to sign it if there are errors in it.
If there are errors in the report:
- The solicitor requests corrections
- Errors are noted separately
- The suspect does not sign if there are major errors
- The solicitor lodges an objection with the court
Legal support after the interrogation
The solicitor’s role does not end after the interrogation. He continues to provide legal support to the suspect throughout the criminal proceedings.
Next steps after the interrogation:
- Discussion of the statement with the client
- Advice on further approach
- Contact with the Public Prosecution Service
- Preparation for possible court case
The solicitor assesses whether the interrogation was conducted correctly. If the police made mistakes, this may have consequences for the case.
Possible legal actions:
- Filing a complaint about the interrogation
- Having evidence excluded by the court
- Negotiating with the Public Prosecution Service about the sentence
- Preparing the defence for court
The criminal lawyer keeps the client informed of all developments. He explains the options available and the possible consequences of different choices.
After the interrogation: next steps and points of attention
The interrogation is over, but there are still important steps to be taken. The suspect is given the opportunity to check the official report and make any changes before the criminal proceedings continue.
Checking the statement made
After the interrogation, the police draw up an official report. This document contains all the questions and answers given during the interrogation.
The suspect has the right to read this official report. This is an important moment to check everything carefully.
Pay attention to the following points:
- Are the answers correctly recorded?
- Are there any statements included that were not made?
- Is the context of the statements correctly described?
- Have any important details been omitted?
The police can read the official report aloud if the suspect so wishes. This often happens when someone has difficulty reading.
A solicitor can help to check the report. He or she knows what to look out for and can identify legal problems.
Any corrections or comments
If the suspect finds errors in the report, these can be amended. The police must take all corrections seriously.
Possible corrections:
- Correcting incorrect quotes
- Adding missing information
- Correcting misunderstood answers
- Clarifying the context of statements
The suspect can also add comments to the official report. These may be important details that were not mentioned during the interrogation.
All changes are noted in the official report. The police note what has been changed and why.
It is wise to ask a solicitor which corrections are important for the case. Some changes may prove to be of great importance later in the criminal proceedings.
The further criminal proceedings
After the interrogation, there are various possibilities for the continuation of the case. The police must inform the suspect of this.
Possible scenarios:
- Release without further action
- Release with a summons to appear in court
- Appearance before the examining magistrate
- Continuation of the investigation
The suspect will always be notified of the decision. This may be immediately after the interrogation or within a few days.
In the case of a summons, the suspect must appear before the court on a specific date. A solicitor is often necessary in such cases.
The official report of the interrogation becomes part of the criminal file. This file is used by the public prosecutor and the judge to assess the case.
The statement made during the interrogation can be used as evidence later on. That is why it is so important that the report is correct.
Frequently Asked Questions
Many people have questions about their rights during an arrest or interrogation. These answers will help you understand what you do and do not have to say to the police.
What are my rights if I am arrested?
A suspect has the right to remain silent during an interrogation. The police must explain this right before the interrogation begins.
Suspects may engage a solicitor. This solicitor may be present during the interrogation.
The police must explain what someone is suspected of. Suspects have the right to inspect the documents, if any.
Minors may have a parent, guardian or confidant present during the interrogation. The police will inform the parents as soon as possible.
What is the difference between an arrest and an interrogation?
During an arrest, the police take someone to the police station. This happens when there is suspicion of a criminal offence.
An interrogation is a conversation at the police station. The police ask questions about the possible criminal offence.
People can also be invited for an interrogation. In that case, they do not have to be arrested.
An arrest can lead to an interrogation. Not every arrest automatically ends in an interrogation.
In what situations am I obliged to answer questions during an interrogation?
Suspects are never obliged to answer questions about the criminal offence. The right to remain silent always applies during an interrogation.
The police may ask for personal details such as name and address. A suspect must provide this information.
Some police officers say that remaining silent is not in the suspect’s interest. This is an interrogation technique to obtain a statement.
How can I best prepare for a police interrogation?
It is wise to call a solicitor in advance. This solicitor can explain what will happen.
Suspects can ask what the interrogation is about. The police do not have to provide all the details in advance.
A solicitor can help decide which questions should or should not be answered. This prevents problems later on.
It is good to remain calm during the interview. Stress can lead to incorrect answers.
What are my rights to remain silent during a police interview?
Every suspect has the right to remain silent. This means that they do not have to answer any questions.
The right to remain silent applies to all questions about the possible criminal offence. Suspects can also stop talking during the interview.
Remaining silent may not be used as evidence of guilt. The judge may not draw any conclusions from this.
The police must explain the right to remain silent before the interview begins. This is a legal obligation.
Can I call a solicitor before answering questions from the police?
Yes, suspects have the right to a solicitor.
This solicitor may be present during the interview.
It is wise to call a solicitor before the interrogation begins.
The solicitor can then explain the best strategy.
The solicitor may consult with the suspect during the interrogation.
He may also object to certain questions.
