Article 28c of the Dutch Code of Criminal Procedure (Wetboek van Strafvordering, Sv) gives an arrested suspect the right to consult a lawyer before the first police interview (consultatiebijstand). The consultation lasts, in principle, no more than half an hour. It can take place at the police station, or by telephone or video connection.
Table of contents
How long does the consultation last?
Normally up to 30 minutes. At the request of the suspect or the lawyer, the assistant public prosecutor (hulpofficier van justitie) can extend it by up to another 30 minutes, unless the interests of the investigation prevent this. An extension is useful when the file is large or the suspicion is complex.
How is a lawyer arranged?
After arrest, the police notify the duty lawyer service (piketdienst) or your own lawyer (Article 28b Sv). In cases covered by Article 28b, first paragraph, Sv, you can only waive the consultation after a lawyer has explained the consequences to you.
What is discussed in the consultation?
- the suspicion and what is known about it;
- whether to use your right to silence (Article 29 Sv);
- your rights during custody;
- whether the lawyer should attend the interview (Article 28d Sv).
Frequently asked questions
Can the police question me before I speak to a lawyer?
As a rule, no. The interview starts after the consultation, unless you validly waived it.
Is the consultation confidential?
Yes. What you discuss with your lawyer is privileged.
Related terms
- Lawyer at police interview
- Article 28d Code of Criminal Procedure (lawyer during police interview)
- Article 29 Code of Criminal Procedure (right to silence)
- Right to silence
- Police custody
For help with an arrest or police interview, see our criminal lawyer page. Want to know what this means for your situation? Book a free introductory meeting.
