Detention of a Suspect in Den Haag
Detention of a suspect in Den Haag is a temporary restriction of liberty following arrest by the local police. This allows them to verify identity, conduct an interrogation, and decide whether to bring the suspect before the public prosecutor or the Rechtbank Den Haag. The period lasts a maximum of 6 hours, with the option to extend to 24 hours.
Why Does Detention Occur in Den Haag?
Within Dutch criminal law, detention of a suspect marks the initial phase after arrest by the Den Haag Police Unit. This occurs on reasonable suspicion of a criminal offense. It provides space for investigation, prevents flight or evidence tampering, and initiates proceedings toward the Rechtbank Den Haag.
Practical example: After a shoplifting incident in the Grote Marktstraat in Den Haag, you are arrested. At the police station in the neighborhood, detention of a suspect follows: identity check, interrogation, and decision on release or further proceedings.
Legal Basis for Detention
The provisions for detention of a suspect are found in the Code of Criminal Procedure (Sv), articles 550-559. Article 550 Sv covers arrest, 551 Sv detention, and 552 Sv extensions by the prosecutor. This complies with ECHR Article 5 and Supreme Court rulings (e.g., ECLI:NL:HR:2018:1234), which view detention as a precautionary measure, not punishment.
Conditions: Only when necessary, such as flight risk, with strict proportionality.
Duration of Detention in Practice
Detention of a suspect begins upon arrest and lasts 6 hours by default. It can be extended by 6 hours by the assistant prosecutor, and further up to 24 hours by the public prosecutor (art. 552 Sv).
- Arrest: Starting point.
- 6 hours: Standard period.
- Extension 1: Up to 12 hours.
- Extension 2: Up to 24 hours, followed by presentation to the examining judge at the Rechtbank Den Haag.
After 24 hours: Release or transition to pre-trial detention.
Rights During Detention in Den Haag
You are entitled to essential protections:
- Lawyer: Consult immediately (art. 535 Sv), present during interrogation.
- Information: Explanation of arrest and rights (art. 556 Sv).
- Family contact: Notify family, unless it harms the investigation.
- Care: Medical assistance on request.
- Right to silence: No obligation to make a statement.
Obligation: Cooperate with ID and fingerprint checks (art. 553 Sv).
Den Haag Practice Examples
Example 1: After a drunk driving accident on the Utrechtsebaan in Den Haag: arrest, breath test during detention, and release after 5 hours with a summons.
Example 2: On drug suspicion in a Schilderswijk home: 20 hours detention with extension, followed by a decision from the examining judge.
This is how detention of a suspect proceeds efficiently under Den Haag justice.
Detention versus Pre-Trial Detention
Detention of a suspect is police-focused and short-term; pre-trial detention is judicial and long-term:
| Aspect | Detention of a suspect | Pre-trial detention |
|---|---|---|
| Duration | Max. 24 hours | Max. 90 days (extendable) |
| Authority | Police/Prosecutor | Examining judge/Rechtbank Den Haag |
| Purpose | Investigation/presentation | Flight/recidivism risk |
| Review | Prosecutor | Judge every 2 weeks |
More on pre-trial detention.
Obligations of Police and Prosecution
Humane detention: Food, hygiene, rest (art. 554 Sv). Violations may render evidence inadmissible.
Tips for Den Haag Residents
- Lawyer: Call the duty solicitor service for free advice.
- Stay silent: Until legal consultation.
- Document: Times, names for potential complaints.
- Post-detention: Request police report; claim for injustice (art. 89 Sv).
- Help: Contact the Legal Aid Office Den Haag.
Related: Arrest, House Search, Criminal Record. Visit the Legal Aid Office Den Haag for advice.
Frequently Asked Questions
Can detention last longer than 24 hours?
No, after 24 hours it is either release or presentation to the examining judge at the Rechtbank Den Haag.