警察の拘留 (inverzekeringstelling): どれくらいの期間拘留されることができますか?

After an arrest, the police can hold you for up to nine hours for questioning, and the public prosecutor can then order police custody (inverzekeringstelling) for up to three days, extendable once by three more. You must be brought before an examining magistrate (rechter-commissaris) no later than three days and 18 hours after your arrest, so a judge always reviews your detention early on. This article explains each phase, your rights and what happens when the custody period ends. For the rights you have immediately after arrest, see our article on 逮捕後に何が起こるのか.

Two rights matter from the first hour. You may consult a lawyer before questioning and have one present during it; while you are held in police custody, this assistance comes at no cost to you. The police will not inform a third party that you are being held unless you ask them to notify a relative or housemate, so make that request as early as possible.

警察による拘留の第一段階とは何ですか？

The first phase, questioning custody (ophouding voor onderzoek), lasts up to nine hours. After your arrest, the police usually take you to the station to investigate the offence and your role in it. The hours between midnight and 9:00 in the morning do not count towards those nine hours, according to the Public Prosecution Service (OM).

For minor offences for which police custody is not possible, the limit is six hours, which can be extended by six more hours only to establish your identity.

When can the prosecutor order police custody (inverzekeringstelling)?

The (assistant) public prosecutor can order inverzekeringstelling if nine hours are not enough and the investigation requires you to be held longer. This is only possible for offences that in principle allow pre-trial detention, broadly offences carrying a prison sentence of four years or more, such as theft, fraud or most drugs offences.

Typical reasons why the investigation needs you in custody are:

• a risk that you will try to escape;
• the need to question you further or confront you with witnesses;
• preventing you from influencing witnesses or removing evidence.

How long can police custody last?

Police custody lasts a maximum of six days: an initial order of three days, extendable once by three more. The extension is only allowed when the investigation urgently requires it. During this period the police can hold you around the clock, including at night.

Within this period you must be brought before the examining magistrate no later than three days and 18 hours after your arrest (Article 59a of the Dutch Code of Criminal Procedure, Sv). The examining magistrate checks whether your arrest and custody are lawful and orders your release if they are not.

Can you challenge police custody?

You cannot file a separate objection or appeal against the custody order or its extension. Instead, you raise any irregularities at the hearing before the examining magistrate, which must take place within three days and 18 hours. Your lawyer attends this hearing with you and can argue that the arrest or custody was unlawful.

What can a lawyer do for you during police custody?

During police custody you are entitled to a lawyer, either your own lawyer or the duty lawyer (piketadvocaat) on call. If you already have a lawyer, ask for them by name and the police will contact them. Your lawyer checks whether your arrest and custody were lawful and prepares you for the further interviews in this phase.

The police usually start with questions about your personal circumstances, such as your phone number and social media accounts. Keep in mind that these answers can also be used in the investigation. The questions about the offence itself follow later.

Should you remain silent during questioning?

You are never obliged to answer questions about the offence, and the police must tell you this before each interview. At this early stage you usually do not know what evidence the police hold, which is why silence can be a sensible choice. Remaining silent also has practical consequences, for example because the judge cannot take into account an explanation you never gave; discuss this with your lawyer before the interview. You can read more in our article on the right to remain silent in criminal cases.

What happens when police custody ends?

When the maximum of six days runs out, you are either released or the prosecutor asks the examining magistrate to order detention on remand (bewaring). Bewaring lasts a maximum of 14 days, according to the OM.

After that, the District Court can order further detention (gevangenhouding) for a maximum of 90 days. The prosecutor can also release you earlier, at any time, if detention is no longer needed for the investigation.

What can we do for you during police custody?

現場の声を力強いメッセージへ。 刑事弁護士 assist you or your family member from the first hours after arrest:

• We visit you at the police station and attend your interviews.
• We check whether the arrest and the custody order meet the legal requirements.
• We prepare you for the hearing before the examining magistrate and argue for your release there.
• We advise you on whether to answer questions or remain silent.
• We oppose a request for detention on remand (bewaring) and ask for suspension of pre-trial detention where possible.

製品概要

• The police can hold you for up to nine hours for questioning, not counting the hours between midnight and 9:00.
• Police custody (inverzekeringstelling) lasts up to three days and can be extended once by three more.
• You must be brought before an examining magistrate within three days and 18 hours after arrest.
• You have the right to a lawyer, at no cost to you during police custody, and the right to remain silent.
• After custody, you are released or the examining magistrate decides on detention on remand (bewaring) of up to 14 days.

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