Pre-trial detention involves placing a suspect in custody prior to conviction. This is a coercive measure that is only applied under strict conditions in Utrecht and elsewhere in the Netherlands.
What does pre-trial detention entail?
Pre-trial detention means that a suspect is held in custody pending the criminal proceedings. This may consist of police custody or pre-trial detention, depending on the stage of the proceedings.
Phases of pre-trial detention
| Phase | Maximum duration | Decision-maker |
|---|---|---|
| Police custody | 14 days | Examining magistrate |
| Pre-trial detention | 90 days | Court chamber |
| Extension of pre-trial detention | Additional 90 days | Court chamber |
Conditions for application
The application of pre-trial detention is only possible in cases of serious suspicions and where there are clear reasons to justify it.
When permitted? (art. 67 CCP)
- Offences punishable by 4 years' imprisonment or more
- Specific offences such as threats or acts of violence
- No fixed place of residence or abode in the Netherlands
Reasons for detention (art. 67a CCP)
- Risk of absconding: high likelihood that the suspect will flee
- Tampering with evidence: risk that the suspect will influence witnesses or evidence
- Risk of reoffending: chance of repetition of serious offences
- Impact on society: in cases of very serious offences with sentences of 12 years or more
Process of pre-trial detention
The process surrounding pre-trial detention follows a fixed structure with several steps.
Steps in the procedure
- 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 detention by the Public Prosecution Service
- Decision on pre-trial detention by the court chamber
- Regular review of the situation
Suspension of detention
A judge may decide to temporarily suspend pre-trial detention, often with certain conditions.
Possible conditions
- Regular reporting to the police
- Prohibition on contact with involved parties or victims
- Prohibition from entering certain areas
- Payment of bail
- Surrender of travel documents
- Wearing an electronic ankle bracelet
Rights of the suspect
| Right | Explanation |
|---|---|
| Access to lawyer | Unrestricted access to legal assistance |
| Receiving visits | Limited right to visits from family or friends |
| Correspondence | Right to letters, sometimes under supervision |
| Access to file | Right to inspect relevant documents |
| Review | Regular check on the necessity of detention |
Pre-trial detention and sentence reduction
The period in pre-trial detention is deducted from any custodial sentence (art. 27 CC).
Compensation for unlawful detention
If you are acquitted or the case is discontinued, you can apply for compensation for the time spent in pre-trial detention.
Details of compensation
- Amounts between €80 and €130 per day, depending on circumstances
- Application via art. 89 CCP
- Request to be filed within 3 months after final judgment
Local information Utrecht
For matters concerning pre-trial detention in Utrecht, you can go to the District Court of Midden-Nederland, located at Vrouwe Justitiaplein 1. For legal advice, the Juridisch Loket Utrecht at Catharijnesingel 55 is available for support.
Frequently asked questions about pre-trial detention
What does pre-trial detention mean for me?
It means that you can be held in custody pending your case. A lawyer can help you understand your rights.
How long can I be held?
This varies from 14 days in police custody to 90 days in pre-trial detention, with possible extension.
Can I challenge my detention?
Yes, through your lawyer you can request suspension or review of your situation.
What if I was unlawfully detained?
You can apply for compensation if you are acquitted or the case is discontinued.
Where can I find help in Utrecht?
Contact the Juridisch Loket Utrecht or find a criminal lawyer via the District Court of Midden-Nederland.