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What is remand?
Remand is the period of time a suspect is held before his case is reviewed by a judge.
Pre-trial detention consists of several phases, each of which requires an assessment of whether there is sufficient suspicion and grounds to detain a suspect longer. In each phase of remand, the review is conducted by a different person/agency and different requirements apply to the application of remand.
The requirements for maintaining pretrial detention become more and more stringent the longer one is in pretrial detention and also the person/authority reviewing the pretrial detention becomes more and more weighty.
What forms of remand exist?
Before pretrial detention can occur, a suspect must first be arrested. Any investigating officer can arrest a suspect.
Remand begins with detention for investigation, until recently this was detention for questioning. This phase lasts a maximum of 6 hours for an offense for which remand in custody (this means that there must be a case of remand in custody: you can find more about this under the next heading) is not allowed and 9 hours for an offense for which remand in custody is allowed. The hours between 0:00 and 9:00 do not count for the period of 9 and 6 hours respectively. Detention for investigation can be ordered by the (assistant) public prosecutor.
After the detention for investigation, the prosecutor may order that the suspect be taken into custody. The period of detention in custody lasts for 3 days and may be extended by 3 days in case of extreme necessity. On behalf of the prosecutor, the auxiliary officer may also sign the order for detention or its extension.
Within 3 days and 18 hours of arrest, a suspect must be brought before a judge for review of the legality of the detention. This legality review takes place before the magistrate judge.
Custody can only take place for an offense where pretrial detention is authorized. More on that below.
After detention, the remand may be extended by 14 days by the examining magistrate at the request of the prosecutor. This phase is called detention and is also the first phase of pre-trial detention.
The final stage of remand is detention. It is ordered by the court chambers at the request of the prosecutor and lasts up to 90 days. However, this period is not fixed and if the court wants to review the remand earlier than within 90 days, they can order the detention for a shorter period. In addition to detention, the chambers can also order - if a suspect is at large - the detention of a suspect. This can happen, for example, if a suspect has never been detained or if a suspect has been released at an earlier time and the chambers believes that the suspect should still be detained again. Capture, like detention, can be ordered for a term of up to 90 days and this term can also be shortened by the court.
In total, therefore, a suspect may remain in pretrial detention for 18 hours + 3 days + (in case of extension of detention +3 days) + 14 days + 90 days = 107 (or 110) days and 18 hours. After that, if the criminal case is still not ready for a substantive hearing, a pro forma hearing will be scheduled. At the pro forma hearing, the court will again decide on continuation of the length of pretrial detention.
What are the requirements for applying remand?
This varies by form of remand. For each form, the requirements and grounds for applying a particular form will be explained below.
For an arrest to take place, there must be a suspect. This means that there must be a reasonable suspicion of guilt that someone has committed a crime.
Detention for investigation is ordered with respect to a suspect if measures in the interest of the investigation are necessary. In addition, detention for investigation may be used to interrogate, prepare for interrogation, identify the suspect, and issue communications in person.
Detention takes place in the interest of the investigation against a suspect. It may also take place for the purpose of delivering documents in person to the suspect about the criminal case. In addition, detention may take place to investigate the possibility and desirability of requesting or issuing a pretrial detention order.
After incarceration, the conditions of pre-trial detention apply for the continuation of remand. For this, there must be a ground and a case. In addition to a case and a ground, there must also be a stronger suspicion against the suspect than a reasonable suspicion of guilt that he has committed a criminal offense. This stronger suspicion is called "serious objections."
The cases of pretrial detention are important first because, as already indicated, there must also be a case of pretrial detention before a suspect can be taken into custody.
In any case, a case of pre-trial detention exists if the offense to which the suspicion relates is punishable by a term of imprisonment of 4 years or more according to the legal definition. In addition, the law lists a number of other specific offenses. Pre-trial detention may also be applied if the suspect has no fixed place of residence or abode in the Netherlands and has committed an offense punishable by imprisonment.
In addition to a case of pretrial detention, there must also be (at least) a ground for applying pretrial detention. Possible grounds are:
- Escape hazard;
- This is an offense that carries a prison term of 12 years or more and it would potentially cause social unrest if the suspect were released (shaken legal order);
- Risk of repetition of an offense punishable by 6 years or more of maximum imprisonment, or an offense that may endanger health or safety or create general danger to property (recidivism risk);
- A prior conviction less than 5 years ago for menacing, assault, theft, embezzlement, fraud, vandalism, or receiving stolen goods;
- Investigation yet to be conducted by the police, which could potentially be frustrated or impeded upon the suspect's release.
The anticipation requirement also applies to pre-trial detention. This means that an order for pre-trial detention will not be issued in any event if serious account must be taken of the fact that the suspect will not be given an unconditional custodial sentence or a measure involving deprivation of liberty. Similarly, if the punishment or measure to be expected is less than the duration of the order for pre-trial detention then this order will not be issued.
Where is remand underway?
In the initial stages, up to remand, a suspect is detained at a police station. From remand, a suspect undergoes his remand in a house of detention.
What restrictions can be imposed on a suspect while on remand?
During remand, a suspect may in principle have ordinary contact with the outside world. However, in the interest of the investigation, it may be determined that a suspect be placed under restrictions while on remand. This may include restrictions on receiving visitors, telephone traffic and correspondence. It also happens that a suspect may not be allowed to read newspapers or watch television. However, a suspect may always have contact with his attorney.
What can a lawyer do during remand?
It is of utmost importance to immediately engage a specialized criminal lawyer if you (or a loved one) is taken into custody. The moment you are arrested, you should immediately ask for a specialized criminal lawyer. Especially at this initial stage, it is of utmost importance that you are advised and assisted during the police interrogation by a lawyer.
You can call 088-9336464 at the time of your arrest 24 hours a day. You can also give the name of one of our lawyers as your preferred attorney if you are asked by the police which attorney they should hire for you. There is usually no charge for this and our advice is always: Criminal case? Don't get a lawyer, get a criminal lawyer!
Are you looking for a criminal lawyer specializing in Remand?
Then contact us immediately for legal assistance in Remand.
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