Pre-trial detention means that a suspect is detained before a conviction has been pronounced. This is an intrusive measure that may only be applied under strict rules.
Definition of Pre-Trial Detention
Pre-trial detention entails that a suspect is detained pending the criminal proceedings. This includes both police custody and pre-trial imprisonment.
Phases of Pre-Trial Detention
| Phase | Maximum Duration | Decision-Maker |
|---|---|---|
| Police Custody | 14 days | Examining Magistrate |
| Pre-Trial Imprisonment | 90 days | Council Chamber of the District Court |
| Extension | Additional 90 days | Council Chamber of the District Court |
Conditions for Application
Pre-trial detention may only be imposed in cases of serious suspicions and where there are compelling reasons.
Applicable Cases (art. 67 CCP)
- Offences punishable by imprisonment of 4 years or more
- Specific offences such as threats or violence
- No fixed place of residence or abode in the Netherlands
Reasons for Detention (art. 67a CCP)
- Flight Risk: High likelihood that the suspect will abscond
- Collusion Risk: Risk of tampering with evidence
- Recidivism Risk: Likelihood of committing further serious offences
- Shock to the Legal Order: In cases of offences punishable by 12 years or more
Process of Pre-Trial Detention
The process involves several steps that are carefully followed.
Step-by-Step Plan
- Appearance before the examining magistrate (within 3 days and 18 hours after arrest)
- Decision on police custody by the examining magistrate
- Application for pre-trial imprisonment by the Public Prosecution Service
- Decision on pre-trial imprisonment by the council chamber
- Regular evaluation of the situation
Suspension of Detention
A judge may decide to temporarily suspend the detention subject to certain conditions.
Possible Conditions
- Regular reporting to the police
- Prohibition on contact with victims or witnesses
- Prohibition on entering certain areas
- Payment of bail
- Surrender of identity documents
- Wearing an electronic ankle bracelet
Rights of the Suspect
| Right | Explanation |
|---|---|
| Lawyer | Unrestricted access to legal assistance |
| Visits | Right to visits, sometimes with restrictions |
| Correspondence | Right to communication, possibly monitored |
| Access to Case File | Right to access relevant documents |
| Regular Review | Periodic review of the detention |
Deduction of Pre-Trial Detention
The time spent in pre-trial detention is deducted from any eventual sentence (art. 27 CC).
Compensation upon Acquittal
In the event of acquittal or discontinuation, a claim for compensation may be filed for the time spent in detention.
Compensation Scheme
- Amounts between €80 and €130 per day, depending on circumstances
- Procedure via article 89 CCP
- Submit request within 3 months after final judgment
Frequently Asked Questions about Pre-Trial Detention in Westland
What exactly does pre-trial detention entail?
It is the detention of a suspect prior to conviction, under strict statutory conditions.
How long can someone be held in pre-trial detention?
Police custody lasts a maximum of 14 days, pre-trial imprisonment up to 90 days, with a possible extension of another 90 days.
What are my rights in pre-trial detention?
You have the right to a lawyer, visits, access to the case file and periodic review of your situation.
What if I am acquitted?
You can file a request for compensation for the time spent in detention.
Where can I get help in Westland?
Contact the Juridisch Loket Westland or a criminal law lawyer for advice and support.
Local Information for Westland
For matters concerning pre-trial detention in Westland, you fall under the District Court of The Hague. For legal assistance, you can go to the Juridisch Loket Westland.