After an arrest, a suspect may be placed in custody. This means that a person can be detained for up to 3 days for police investigation. What are the conditions and what rights do you have in Leiden?
What does detention in custody entail?
Detention in custody (ivs) means that a suspect is detained after arrest to support the investigation. This is laid down in Article 57 et seq. of the Code of Criminal Procedure.
Key features
| Feature | Details |
|---|---|
| Maximum duration | 3 days (72 hours) |
| Who decides? | (Assistant) public prosecutor |
| Reason | Need for investigation |
| Basis | Suspicion of an offence |
When is detention in custody applied?
Detaining a suspect is only possible if specific requirements are met.
Requirements
- There must be suspicion of a criminal offence
- The investigation requires detention
- There must be a reasonable suspicion
Reasons for investigative interest
The interest of the investigation may include, among others:
- Additional interrogation of the suspect
- Preventing the suspect from fleeing
- Limiting contact with witnesses (collusion)
- Conducting technical investigation
How does the procedure proceed?
The steps in detention in custody are as follows:
Process steps
- Arrest by the police
- Detention for initial investigation (maximum 9 hours, night hours excluded)
- Appearance before the (assistant) public prosecutor
- Order for detention in custody is issued
- Detention for a maximum of 3 days
- In exceptional cases, extension by another 3 days
Rights during detention in custody
As a suspect, you have certain rights during this period.
Overview of rights
| Right | Explanation |
|---|---|
| Lawyer | Right to legal assistance and contact |
| Information | Explanation of the reason for arrest |
| Contact with relatives | Family or acquaintances may be informed |
| Medical assistance | Access to a doctor in case of health complaints |
| Interpreter | Assistance in case of language problems |
What happens after detention in custody?
After the detention period, there are several options.
Possible outcomes
- Release: You are released, possibly with a summons
- Preliminary detention: You are brought before the examining judge
- Direct settlement: A transaction or penal order is offered
Review by the examining judge
If the deprivation of liberty continues, you must appear before the examining judge within 3 days and 18 hours.
Assessment points
- Was the detention in custody in accordance with the law?
- Is continuation of detention necessary?
- Are there reasons to release you?
Compensation for unlawful detention
If the detention in custody was unlawful, you can apply for compensation (Article 89 CCP).
Compensation
- Amount: €80-€130 per day (guideline)
- Submit via a request to the court
- Possible after acquittal or dismissal of the case
Local information for Leiden
For legal issues regarding detention in custody in Leiden, you can go to:
- District Court of The Hague, Leiden Location
- Juridisch Loket Leiden: Stationsweg 46, for free legal advice