After an arrest, a suspect in Westland can be placed in detention on remand. This means that the suspect can be held for up to 3 days for police investigation. What rules apply and what are your rights in this situation?
What does detention on remand entail?
Detention on remand (ivs) involves holding a suspect after arrest to support the investigation. This is laid down in Article 57 et seq. of the Code of Criminal Procedure (Sv).
Key features
| Feature | Explanation |
|---|---|
| Duration | Maximum 72 hours (3 days) |
| Decision-maker | (Assistant) public prosecutor |
| Reason | Interest of the investigation |
| Basis | Suspicion of an offence |
When is detention on remand applied?
Detention on remand may only take place if specific conditions are met.
Conditions for application
- There is suspicion of an indictable offence
- The investigation requires detention
- There is a reasonable suspicion
Reasons for investigation interest
The interest of the investigation may include, among others:
- Additional interrogation of the suspect
- Preventing the suspect from fleeing
- Limiting contact with witnesses (risk of collusion)
- Conducting technical investigations
How does the procedure proceed?
The steps for detention on remand in Westland are as follows:
Process steps
- Arrest by the police
- Detention for initial investigation (max. 9 hours, night hours excluded)
- Presentation to the (assistant) public prosecutor
- Official order for detention on remand
- Detention for a maximum of 3 days
- Extension by another 3 days possible in exceptional circumstances
What rights do you have?
During detention on remand in Westland, you have certain rights that must be respected.
Overview of rights
| Right | Description |
|---|---|
| Lawyer | Right to legal assistance and contact |
| Information | Explanation of the reason for arrest |
| Contact | Possibility to inform family or acquaintances |
| Healthcare | Right to medical assistance if needed |
| Interpreter | Assistance in case of language problems |
What happens after detention on remand?
At the end of the detention on remand, several options are possible.
Possible outcomes
- Release: You are released, possibly with a summons
- Preliminary detention: Presentation to the examining magistrate
- Settlement: Direct penal order or transaction
Review by the examining magistrate
If the deprivation of liberty continues, you must appear before the examining magistrate within 3 days and 18 hours.
Aspects of review
- Was the detention on remand in accordance with the law?
- Is continuation of detention necessary?
- Are there reasons to release you?
Compensation for unlawful detention on remand
If the detention on remand was unjustified, you can apply for compensation (Article 89 Sv).
Details on compensation
- Standard amount between €80 and €130 per day
- Application via the court
- Possible after acquittal or dismissal of the case
Contact and support in Westland
For legal assistance, you can go to the Juridisch Loket Westland. Cases are generally handled by the District Court of The Hague.