How Long Can Police Detain Me in the Netherlands?

The short answer

Police in the Netherlands can detain you for a maximum of 6 hours for questioning without permission from the public prosecutor (officier van justitie). The night period between 00:00 and 09:00 doesn't count towards this limit. This means if you're arrested at 16:00, the 6 hours expire at 22:00. After this period, the public prosecutor must decide whether to extend the detention (inverzekeringstelling). Without this permission, you must be released.

What does Dutch law say?

The Dutch Code of Criminal Procedure (Wetboek van Strafvordering) precisely regulates how long police can detain someone. The law distinguishes between different phases of detention. For suspected crimes carrying four years' imprisonment or more, different rules apply than for minor offences. The public prosecutor can extend detention by a maximum of three days at a time, up to a total of three days and fifteen hours.

What should you watch out for?

It's important to know exactly when you were arrested, as the 6-hour limit starts from that moment. Police must inform you of your rights, including the right to a lawyer. Note that night hours don't count, which can make the detention effectively longer than 6 clock hours. Always ask for the reason for your arrest and keep track of time.

Practical example

Suppose you're arrested on Monday at 18:00 for suspected theft. The first 6 hours run until 00:00 (midnight). Since night hours don't count, time is 'paused' until 09:00 the next morning. You should then be released at 09:00, unless the public prosecutor has authorised an extension. In this case, you've been held for 15 clock hours, but according to Dutch law only 6 hours. This example shows how important it is to understand the rules as an expat in the Netherlands.

What can you do?

If you're detained in the Netherlands, you can take concrete steps to protect your rights. It's important to remain calm and know your rights under Dutch law.