Police custody, in Dutch inverzekeringstelling, is an order by the assistant public prosecutor allowing a suspect to be held at the police station for the purpose of the investigation. It follows the initial period of detention for questioning and precedes any decision on pre-trial detention.
Statutory basis
Article 57 of the Code of Criminal Procedure allows police custody for up to three days for offences for which pre-trial detention is permitted. Article 58 allows a single extension of three days in the case of urgent necessity. Article 59a requires the suspect to be brought before the examining magistrate within three days and fifteen hours of the arrest, so that the lawfulness of the deprivation of liberty can be reviewed.
How it works in practice
Before the order is made the suspect is heard by the assistant public prosecutor, and he has been able to consult a lawyer. During custody he can be questioned repeatedly, with a lawyer present. At the hearing before the examining magistrate the defence can argue that the arrest or the custody was unlawful, and can already address the grounds that would support release. If the magistrate finds the detention unlawful, the suspect is released and may claim compensation.
Where it goes wrong
Families often lose contact in the first hours, because a detained suspect has no right to a telephone and notification runs through the police. Practically, the lawyer is the channel. A second issue is the extension: the requirement of urgent necessity is real, and an extension granted merely because the investigation is not finished is open to challenge. Third, the review before the examining magistrate is regularly treated as a formality, whereas it is the first genuine opportunity to attack the file.
Related terms
Suspect, pre-trial detention and right to silence.
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