An arrest in the Netherlands starts a fixed sequence of time limits. Knowing where you are in that sequence tells you what can still happen and for how long. 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. Using that right costs you nothing and gives up nothing.
When can the police stop and arrest you?
An officer who treats you as a suspect may establish your identity. An arrest (aanhouding) then 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. If you are not caught in the act, an arrest is only possible for offences for which pre-trial detention (voorlopige hechtenis) is allowed. 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).
For offences that allow pre-trial detention, this period lasts up to nine hours; for other offences, up to six hours. The hours between midnight and nine in the morning do not count. During this period the police establish your identity, tell you which offence you are suspected of, and give you the opportunity to consult a lawyer.
Do you have to answer questions?
No. You have the right to remain silent. The police must tell you this before questioning begins, and 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. In exceptional cases this can be extended once by another three days. Within a set period you are brought before the examining magistrate (rechter-commissaris). 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. After that, the court can order continued detention (gevangenhouding) of up to ninety days.
During that time the case is reviewed at hearings, known as pro forma hearings. At those hearings 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. Do not answer questions about the facts before you have spoken to one, however harmless the questions seem and however much you want to explain.
- 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. Those details can matter later.
Is the case over once you are released?
Not necessarily. A decision on prosecution may follow weeks or months later. What you said in the first interview will still be in the file.
In 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 night hours 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.
- Release does not end the case: a decision on prosecution can follow later.
Frequently asked questions
Do I have to answer questions?
No. You must identify yourself when lawfully required to, but you do not have to answer questions about the offence.
Is a lawyer free?
In the cases the law designates, assistance at the police station is free for the suspect. Beyond that, legal aid is available depending on your income. Cost should not be a reason to speak without advice.
Can my family be told?
Yes. You can ask for a relative to be told that you are being held. Foreign nationals have extra rights, including having their consulate notified.
Unsure where you stand? Tell us about your situation. We will let you know your options within one working day.
