Page 3 - If-you-are-suspected-of-a-criminal-offence

If you are suspected of a criminal offence

About this brochure

This brochure provides information about what to expect if you have been
arrested for a criminal offence. It explains the role of the various people
involved in the criminal justice system, how long you can be held in custody or
on remand, and sets out your rights and responsibilities. It also tells you where
you can obtain further information at each stage of the procedure. You can also
contact your own lawyer or the local office of the Juridisch Loket (Legal Advice
Centre). Details of other brochures and useful addresses are given at the rear
of this brochure.

Arrest and questioning

You have been arrested on suspicion of having committed a criminal offence.
The police may wish to question you further at the police station. If so, they
are entitled to hold you for up to six ‘working’ hours. The hours between
midnight and 9 am do not count towards this period. For example, if you are
taken to the police station at 9 o’ clock in the evening, the police can detain
you for questioning until 12 noon the following day.

Police custody

Sometimes, six hours will not be enough time for the police to ascertain all the
facts of the matter. An ‘assistant prosecutor’, usually a senior police officer, can
authorize an extension of this period to allow further investigations. This
decision is not taken lightly and he (or she) will interview you before signing the
necessary order, or ‘warrant’. If the extension is granted, you can be held
without charge for a further 72 hours (including the nighttime hours). You will
be given a copy of the warrant. Note that the 72-hour extension period applies
only in the case of ‘arrestable’ criminal offences for which the law allows
suspects to held on remand prior to trial, such as theft and possession of drugs
with intent to supply.

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