A stop (staandehouding) allows an investigating officer to briefly stop a suspect and ask for their name, date of birth and address (Article 52 Dutch Code of Criminal Procedure). An arrest (aanhouding) deprives the suspect of their liberty and takes them to a police station, either when caught in the act (Article 53) or otherwise (Article 54).
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What happens during a stop?
The police may stop anyone suspected of an offence. From age 14 you must show a valid identity document on request; refusing is a minor offence (Article 447e Criminal Code). You do not have to answer other questions about the case.
When can you be arrested?
If someone is caught in the act (op heterdaad), anyone may arrest them, including a member of the public, who must hand the suspect over to the police. Outside that situation, arrest is only allowed for offences for which pre-trial detention is possible, and in principle on the prosecutor’s order. After arrest you are brought promptly before an assistant public prosecutor (hulpofficier van justitie).
How long can the police hold you?
You can be held for investigation (ophouden voor onderzoek, Article 56a) for up to 9 hours for offences that allow pre-trial detention and up to 6 hours for other offences. The hours between midnight and 9 a.m. do not count. After that you are released or placed in police custody (inverzekeringstelling) for up to 3 days, extendable once by 3 days.
What are your rights?
You have the right to remain silent and must be told so before questioning. You are entitled to a lawyer before and during the police interview, to an interpreter, and to be told what you are suspected of. You can also ask for someone to be informed of your arrest.
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