If the police have held you for several days, you want to know whether they followed the rules. Dutch law sets clear maximum periods for every stage of preventive custody (voorlopige hechtenis), from the first hours at the police station to detention pending trial, and the public prosecutor or a judge must justify each extension before it can be applied or prolonged. Below we walk you through each stage, from arrest to prolonged detention, the authority who decides at each step, and the time limits that apply.
How long can the police hold you for questioning?
The police may only arrest you if there is a suspicion of a criminal offence. Once you are brought to the police station, an (auxiliary) officer may detain you for questioning (ophouden voor verhoor) for a maximum of nine hours, without needing a judge’s permission.
The hours between midnight and 9:00 a.m. do not count towards that period. If you are held for questioning at 11:00 p.m., for example, only one hour runs before midnight, and the clock does not start again until 9:00 a.m. The nine-hour period then ends at 5:00 p.m. the next day.
Once that period ends, the officer must decide: you may go home, or the officer may order that you are remanded in custody.
What restrictions can the public prosecutor impose?
If you were only allowed to speak to your lawyer while detained, the public prosecutor used the power to impose restrictions. The public prosecutor may do so from the moment of arrest, if this serves the investigation.
Your lawyer is bound by the same restrictions. This means your lawyer cannot pass on information to your relatives, for example, until the restrictions are lifted. Your lawyer can object to the restrictions; such an objection is usually decided within a week.
What is preventive custody (voorlopige hechtenis)?
Preventive custody is the whole period a suspect can be detained pending criminal proceedings, from the initial remand in custody up to and including the involvement of the examining magistrate (rechter-commissaris). Not every suspect can be remanded in custody: this is only allowed for offences listed in the law, if there is a serious suspicion of involvement, and if there are also grounds for keeping the suspect in custody for a longer period. Preventive custody is governed by Article 63 and further of the Code of Criminal Procedure (Wetboek van Strafvordering).
The law and case law do not specify exactly how much evidence is required for a “serious suspicion”. Full and convincing proof is not required, but there must be a high degree of probability that the suspect is involved in the offence.
How long can remand in custody (inverzekeringstelling) last?
Preventive custody starts with the remand in custody (inverzekeringstelling). You can be detained for a maximum of three days. This is a maximum, not a fixed term: the (deputy) public prosecutor decides on the remand and does not need a judge’s permission.
You cannot be remanded in custody for every suspicion. The law allows it in three situations:
- you are suspected of an offence carrying a maximum prison sentence of four years or more;
- you are suspected of specific offences named in the law, such as threatening (Article 285(1) of the Criminal Code), embezzlement (Article 321), receiving stolen goods through negligence (schuldheling, Article 417bis), or causing death or serious injury by dangerous driving (Article 175(2) of the Road Traffic Act 1994); or
- you have no fixed address in the Netherlands and the offence you are suspected of carries a prison sentence.
There must also be grounds for keeping you in custody for a longer period. Under Article 67a of the Code of Criminal Procedure, these grounds include:
- a serious risk that you will flee;
- an offence carrying a prison sentence of up to 12 years;
- a risk of reoffending, for offences carrying a prison sentence of up to 6 years; or
- a previous conviction, less than 5 years ago, for specific offences such as assault or embezzlement.
If your release could frustrate or hinder the investigation, this also weighs in favour of keeping you in preventive custody.
After the three days, the officer has several options. You may be sent home, or, if the investigation is not yet finished, the remand may once be extended by up to three times 24 hours. In practice, this extension is rarely used. If the investigation is sufficiently advanced, the officer can ask the examining magistrate to order your detention (bewaring).
What happens at the detention hearing?
The officer sends a copy of the file to the examining magistrate and your lawyer, and asks the magistrate to order your detention (bewaring) for fourteen days. You are brought from the police station to court and heard by the magistrate; your lawyer may also speak on your behalf. The hearing is not public.
The examining magistrate can decide in three ways:
- grant the request: you are then held for up to fourteen days;
- refuse the request: you are usually released immediately; or
- grant the request but suspend it: the magistrate sets conditions, and as long as you meet them, you do not have to serve the fourteen days.
How long can prolonged detention (gevangenhouding) last?
If the public prosecutor believes you should remain in custody after the fourteen days, they can ask the court for prolonged detention (gevangenhouding), for a maximum of ninety days. Three judges assess the request and hear you and your lawyer first. Again, the court can grant the request, refuse it, or grant it with a suspension.
The court weighs society’s interest in your continued detention against your interest in being released. Grounds for a suspension can include caring for children, work or study, financial obligations, or participation in a supervision programme. The court can attach conditions to a suspension, such as a ban on entering certain areas or contacting certain people, surrendering your passport, cooperating with a psychological assessment or the probation service, or paying a deposit.
After a maximum of 104 days in total, your case must come before the court at a pro forma hearing. At that hearing, the court can decide to keep you in preventive custody for a further period, always in steps of a maximum of three months.
In summary
- The police can hold you for questioning for up to nine hours, excluding the hours between midnight and 9:00 a.m.
- Remand in custody (inverzekeringstelling) lasts a maximum of three days, extendable once by up to three times 24 hours.
- The examining magistrate can order detention (bewaring) for fourteen days, and the court can add prolonged detention (gevangenhouding) of up to ninety days.
- After 104 days in total, your case must be reviewed at a pro forma hearing, after which detention can only continue in steps of three months.
- At every stage you have the right to a lawyer, and restrictions on contact with others can be challenged.
- The court can suspend detention under conditions at any of these hearings, so you do not always serve the full term the judge allows.
Frequently asked questions
Can I be remanded in custody for any offence?
No. Preventive custody is only possible for offences carrying at least four years’ imprisonment, for specific offences named in the law, or if you have no fixed address in the Netherlands and face a prison sentence for the offence.
Can I challenge restrictions on contact with my family?
Yes. Your lawyer can file a notice of objection against the restrictions, which is usually decided within a week.
Do I have a lawyer during every stage of preventive custody?
Yes. You are entitled to legal assistance from the moment of your arrest, and your lawyer can be present at the detention hearing and the hearing on prolonged detention, and can speak on your behalf at each of them.
Can preventive custody be suspended before the maximum term ends?
Yes. At the detention hearing and at the hearing on prolonged detention, the court can order a suspension under conditions, for example so that you can keep working or caring for children, for as long as you comply with the conditions set.
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