Pre-trial detention in the Netherlands, step by step

After an arrest in the Netherlands, a suspect can be held by the police for up to about six days, must see an examining magistrate within three days and eighteen hours, and can then be kept in pre-trial detention for up to 104 days before the case must come before the trial court. In practice, many suspects are released earlier, either at the first judicial review or on conditions.

Dutch criminal procedure moves in fixed stages, each with its own decision-maker and its own maximum period. If your partner, child or employee has just been arrested, below you will find those stages in order, what the law requires at each point, and what you can do from outside.

Which code of criminal procedure applies today?

The current Code of Criminal Procedure (Wetboek van Strafvordering, Sv) of 1921, as amended, still applies. A new code has been adopted, but it is not yet in force.

The Senate adopted the new Code of Criminal Procedure on 24 February 2026, and the establishing acts were published in the Bulletin of Acts and Decrees (Staatsblad) in March 2026. All acts are to take effect together on a single date, currently foreseen as 1 April 2029. That date is a target, not a guarantee.

Until then, an arrest is governed entirely by the existing code. All articles and time limits below refer to that code. Much information online already refers to the new code, so check the date of anything you read.

What are the stages and their maximum periods?

The table below gives an overview. Each stage is explained in more detail further on.

The last row explains a difference you may come across. The 104 days count pre-trial detention in the strict sense, remand plus continued detention, while the figure of about 110 days also includes the six days of police custody before it. Both are correct.

What happens in the first hours after an arrest?

A person may be arrested when caught in the act and, for more serious offences, also outside that situation (Articles 53 and 54 Sv). The suspect is then brought before an assistant public prosecutor (hulpofficier van justitie), who decides whether the suspect may be held for questioning.

This holding for questioning (ophouden voor onderzoek) lasts at most nine hours if the suspected offence allows pre-trial detention, and six hours for lesser offences (Article 56a Sv). The hours between midnight and nine in the morning do not count. Someone arrested at ten in the evening may therefore still be at the police station well into the next day without any limit being exceeded.

If the suspect’s identity cannot be established, the period can be extended by a further six hours (Article 61 Sv).

When can the police keep someone in custody?

If more time is needed for the investigation, the public prosecutor or an assistant public prosecutor can order police custody (inverzekeringstelling) under Article 57 Sv. This is only possible for an offence for which pre-trial detention is allowed under Article 67 Sv, and only if the investigation requires it.

Police custody lasts at most three days. In cases of urgent necessity, the public prosecutor can extend it once by up to three days (Article 58 Sv). The absolute maximum is therefore six days. The order is made in writing, the suspect must be heard first, and the suspect is held in a police cell, not a prison.

The prosecutor can also impose restrictions (beperkingen). The detainee may then have contact with nobody except the lawyer: no visits, no telephone calls and no letters. This is an investigative measure, not a punishment and not a sign that the case is hopeless. Restrictions are usually lifted within weeks, and the lawyer can challenge them.

When does a suspect get a lawyer?

Straight away. A suspect has the right to consult a lawyer in private before the first police interview (Article 28c Sv) and to have a lawyer present during the interview (Article 28d Sv).

The police must inform the suspect of these rights and notify the duty lawyer scheme (Article 28b Sv). Through this scheme, the Legal Aid Board (Raad voor Rechtsbijstand) assigns the case to the criminal defence lawyer on duty in the region at that time. The assigned lawyer must in principle be available within two hours of the notification, after which questioning may begin under the conditions set by law. The family does not need to arrange anything and is not charged for this first visit.

Which later work is covered by legal aid, and whether a personal contribution is due once a formal assignment is made for the whole case, depends on the rules of the Legal Aid Board and on the suspect’s income. Ask the lawyer about this at the first contact, rather than assuming that the entire defence is free.

The duty lawyer is fully qualified, but assigned by rota. The family may instruct a lawyer of its own choosing at any time, and switching lawyers causes no disadvantage. An adult can only waive the right to a lawyer after being informed of the consequences. If your relative is vulnerable or speaks little Dutch, it is sensible to urge them to insist on a lawyer. An interpreter is always free of charge.

What happens at the hearing before the examining magistrate?

The suspect must be brought before the examining magistrate (rechter-commissaris) no later than three days and eighteen hours after the arrest (Article 59a Sv). This is the first time a judge looks at the case.

The outer limit accommodates the three days of police custody together with the hours before it: up to nine hours of holding for questioning plus up to nine night hours that do not count towards it.

This hearing (voorgeleiding) takes place in a small room, not a public courtroom, with the lawyer present. The examining magistrate reviews whether the arrest and police custody were lawful, orders release if a time limit was exceeded, and decides on the prosecutor’s application for remand. It is not a trial: guilt is not at issue. Many suspects are released at this stage.

How long can remand last?

The examining magistrate can order remand (bewaring) for at most 14 days on the application of the public prosecutor (Articles 63 and 64 Sv). The suspect is in principle heard first and may be assisted by a lawyer at that hearing, and the examining magistrate cannot extend the 14 days.

The detainee then moves from the police cell to a remand centre (huis van bewaring) run by the Custodial Institutions Agency (Dienst Justitiële Inrichtingen, DJI). Conditions there are considerably better than in a police cell: a proper cell, a daily programme, visits, telephone calls and post.

When does the court decide on continued detention?

Before the 14 days of remand expire, the prosecutor can ask the district court to order continued detention (gevangenhouding) under Article 65 Sv. This is decided by the court sitting in chambers (raadkamer), normally three judges, at a hearing that the suspect and the lawyer may attend.

Continued detention can last a total of 90 days (Article 66 Sv), usually in successive periods of up to 30 days, so that the case returns to a judge at regular intervals. If someone who was released is detained again, the order is called gevangenneming.

The suspect can appeal against an order for gevangenneming or gevangenhouding within three days; the prosecution service has fourteen days to appeal against an order lifting detention (Article 71 Sv). The suspect can also appeal once, within three days, against the refusal of a request to lift or suspend detention (Article 87 Sv).

On which grounds can pre-trial detention be ordered?

Two separate conditions must both be met: the case must be one in which detention is allowed, and at least one statutory ground must apply. In addition, there must be serious objections against the suspect.

Is detention allowed for this offence?

Article 67 Sv lists the cases. Broadly, these are offences carrying a statutory maximum of four years’ imprisonment or more, together with a list of specified lesser offences. Detention is also allowed for any offence punishable by imprisonment if the suspect has no fixed place of residence in the Netherlands.

That last rule explains why foreign nationals and recent arrivals are more often detained than residents facing the same charge. The decisive factor is not nationality, but the absence of a settled Dutch address.

There must also be serious objections (ernstige bezwaren): a suspicion of real weight, clearly stronger than the reasonable suspicion needed for an arrest.

Which ground applies?

Article 67a Sv sets out the grounds, and at least one must apply:

• Flight risk: a serious risk that the suspect will abscond. Ties abroad, no Dutch address and no settled employment weigh heavily here.
• The twelve-year ground: the offence carries a statutory maximum of twelve years or more, and the legal order has been seriously shaken by it. Both elements are required; the seriousness of the offence alone is not enough.
• Risk of reoffending: a serious risk that the suspect will commit a serious offence carrying six years or more, or one that endangers the safety or health of persons.
• Risk of obstructing the investigation: detention is reasonably necessary to establish the truth other than through the suspect’s own statements. This ground concerns interference with witnesses, co-suspects or evidence. It weakens as the investigation progresses and is often the first ground to fall away.
• The fast-track ground: detention is reasonably necessary to bring the case to trial quickly. This requires a suspicion of one of the offences listed in the provision, public unrest caused by the offence, and a trial within seventeen days and eighteen hours of the arrest.

Can detention be lifted or suspended?

Yes, at any stage. The lawyer can ask for the detention to be lifted or, more often, suspended on conditions.

Lifting (opheffing, Article 69 Sv) is appropriate when the legal basis has disappeared: the serious objections no longer hold, or no ground remains. Suspension (schorsing, Article 80 Sv) leaves the detention order in place, but the suspect goes home on conditions. In most cases suspension is the realistic application, so ask the lawyer about it early.

The court weighs the need for continued detention against the suspect’s personal interests, such as a job that will be lost, children, studies, medical treatment or a tenancy. Documented facts carry far more weight than general assurances. This is where a family can help, with an employer’s letter, a rental contract, proof of school enrolment or a written offer of an address.

Common conditions include handing in the passport, reporting to the police at set times, living at a specified address, a ban on contact with the complainant, witnesses or co-suspects, electronic monitoring, supervision by the probation service and, less often, the provision of security. There is no general system of money bail as in the United States or England and Wales. A suspect who breaches a condition can expect to be returned to custody.

What is a pro forma hearing?

A pro forma hearing is a court hearing at which the case itself is not yet tried. It is held because continued detention cannot run beyond the 90 days without the case being brought before the trial court.

The first hearing must therefore take place within 104 days of the start of remand. If the investigation is not finished by then, the court reviews its progress, decides on requests for further investigation, rules on continued detention and adjourns the case. The cycle then repeats, with a judicial decision on detention at least every 90 days. In complex cases, several pro forma hearings before the actual trial are normal.

Can you claim compensation after detention?

If the case ends without a conviction or punishment, the former detainee can ask for compensation for the time spent in custody (Article 533 Sv). A separate request can be made for the costs of the lawyer and other expenses (Article 530 Sv).

The request must be made within three months of the end of the case and is decided by the court that last dealt with the case. There is no court fee. Compensation is awarded on grounds of fairness and is not automatic, even after an acquittal, particularly if the suspect’s own conduct contributed to the suspicion. The courts use standard daily amounts set in national guidelines, with different amounts for days in a police cell and days in a remand centre.

What can you do as a family member?

In the first days, less than you would like; from remand onwards, a great deal. The lawyer is your most reliable source of information throughout.

• Being informed. A detained person has the right to have a relative or other person informed of the detention (Article 27e Sv). If restrictions apply, this may be limited to the bare fact of detention, and may be delayed. If you have heard nothing, ask the lawyer rather than the police.
• Finding out where your relative is held. During police custody, this is the police station; from remand onwards, a remand centre. The DJI does not confirm to callers whether a particular person is held there, so ask the lawyer.
• Visits. Every institution allows visits, but the arrangements differ, so check the rules of the institution concerned. Visitors must be able to identify themselves, and children must be accompanied. If restrictions apply, only the lawyer may visit.
• Telephone. A detainee may make at least one call of ten minutes per week, and in practice usually more. The detainee makes the calls, at his or her own expense, and calls other than with the lawyer may be recorded.
• Post. Letters are the most reliable channel in the first weeks, although correspondence may be checked. State the detainee’s registration number, surname and initials on the envelope.
• Money. You can transfer money to the detainee’s account with the DJI for telephone calls and shop purchases. Follow the DJI’s instructions on stating the registration number and name, otherwise the payment cannot be allocated. There is a maximum balance.
• The consulate. A foreign national has the right to have the consular authorities of his or her country informed. The consulate cannot intervene in the case, obtain a release or pay for a lawyer, but it can visit, check the conditions of detention and pass messages to family abroad.

What if the detainee is a foreign national?

Pre-trial detention is more likely. As explained above, detention is allowed if the suspect has no fixed place of residence in the Netherlands, and the absence of a settled address also counts towards the risk of flight.

Someone who has been in the country for a few weeks therefore faces a considerably higher chance of remand than a long-term resident charged with the same offence. Evidence of a stable Dutch address, municipal registration, an employment contract and family ties is the core of the argument against detention.

Interpretation during interviews and hearings, and translation of essential documents, are provided free of charge. Tell the lawyer at once if your relative was interviewed in a language he or she does not fully master.

Pre-trial detention does not in itself end a right of residence, but a conviction can. If a permit holder is sentenced, the Immigration and Naturalisation Service (IND) can refuse an extension or withdraw the permit on grounds of public order. It applies a sliding scale that weighs the length of the sentence against the length of lawful residence: the longer the residence, the heavier the sentence must be.

EU citizens and their family members enjoy considerably stronger protection under EU free movement law. A person without lawful residence may receive an entry ban, and removal may follow after the sentence. Immigration detention is a separate regime from criminal remand, in dedicated detention centres.

The sliding scale is laid down in the Aliens Decree 2000 (Vreemdelingenbesluit 2000) and is revised from time to time. Because the consequences depend on which band a sentence falls into, the current scale must be checked before the defence strategy is settled, not after the sentence. A sentence that looks acceptable in the criminal case alone can be exactly what costs someone a residence permit. The legal framework is available on wetten.overheid.nl.

In summary

• After an arrest, holding for questioning lasts at most nine hours and police custody at most six days.
• The suspect must see an examining magistrate within three days and eighteen hours of the arrest.
• Remand lasts at most 14 days; continued detention ordered by the court can last up to 90 days in total, after which the case must come to court.
• The lawyer can ask for the detention to be lifted or suspended on conditions at any stage; documented personal circumstances help.
• For foreign nationals, the lack of a Dutch address increases the chance of detention, and a conviction can affect the residence permit.

Frequently asked questions

Law & More assists suspects and their families from the first hours after an arrest. Unsure where you stand? Tell us about your situation. We will let you know your options within one working day.