Pre-trial detention involves the detention of a suspect prior to conviction. This is an intrusive measure that may only be applied under strict conditions.
What does pre-trial detention entail?
Pre-trial detention means that a suspect is held in custody pending the criminal case. It consists of police custody and pre-trial detention proper.
Phases of pre-trial detention
| Phase | Maximum duration | Decision-maker |
|---|---|---|
| Police custody | 14 days | Examining magistrate |
| Pre-trial detention proper | 90 days | Court chamber |
| Extension | Additional 90 days | Court chamber |
Conditions for application
Pre-trial detention is only applied in cases of serious suspicions and with compelling reasons.
Applicable cases (art. 67 CCP)
- Offences punishable by 4 years or more
- Specific offences such as threats or assault
- No fixed residence or domicile in the Netherlands
Reasons for detention (art. 67a CCP)
- Risk of absconding: high chance that the suspect will flee
- Tampering with evidence: danger that the suspect will manipulate evidence
- Risk of reoffending: risk of repetition of serious offences
- Disruption of legal order: in cases of extremely serious offences punishable by 12 years or more
Procedural steps
The procedure surrounding pre-trial detention proceeds in several phases.
Course of the procedure
- Appearance before the examining magistrate (within 3 days and 18 hours after arrest)
- Decision on police custody by examining magistrate
- Application for pre-trial detention proper by the Public Prosecution Service
- Decision on pre-trial detention proper by court chamber
- Regular review
Suspension of detention
The judge may decide to suspend the pre-trial detention subject to certain conditions.
Possible conditions upon suspension
- Obligatory reporting to the police
- Prohibition on contact with victims or witnesses
- Prohibition on entering certain areas
- Payment of bail
- Surrender of passport
- Electronic monitoring (e.g. ankle bracelet)
Rights of the suspect
| Right | Explanation |
|---|---|
| Access to lawyer | Free contact with a lawyer |
| Receiving visits | Right to visits, sometimes with restrictions |
| Correspondence | Right to mail, possibly checked |
| Access to file | Right to inspect the file |
| Regular review | Periodic review of the detention |
Deduction of pre-trial detention
Time spent in pre-trial detention is deducted from any eventual prison sentence (art. 27 PCC).
Compensation for wrongful detention
In case of acquittal or discharge from prosecution, a claim for compensation may be filed for the time spent in pre-trial detention.
Compensation scheme
- Amounts between €80 and €130 per day, depending on circumstances
- Procedure via article 89 CCP
- Claim to be filed within 3 months after final judgment
Local information Leiden
For matters concerning pre-trial detention in Leiden, you can go to the District Court of The Hague, Leiden location. For legal advice, the Juridisch Loket Leiden (Stationsweg 46) is available for support.
Frequently asked questions about pre-trial detention
What exactly does pre-trial detention entail?
It is the holding of a suspect before the case is heard on the merits, with the aim of safeguarding the investigation or protecting society.
How long can I be held in pre-trial detention?
Police custody lasts a maximum of 14 days, followed by pre-trial detention proper of a maximum of 90 days, with a possible extension of another 90 days.
Can I speak to a lawyer?
Yes, you have the right to free access to a lawyer during pre-trial detention.
What if I was wrongfully detained?
In case of acquittal or discharge from prosecution, you can file a claim for compensation via article 89 CCP.
Who can help me in Leiden?
Contact the Juridisch Loket Leiden (Stationsweg 46) or a criminal lawyer in the region.